Importer Wants Stay of AD Cases Until Issue of PMS Adjustment for Sales-Below-Cost Test Resolved
Antidumping petitioner Wheatland Tube Company wants a stay in two cases at the U.S. Court of Appeals for the Federal Circuit until the appellate court issues its final ruling in a separate antidumping duty action. The separate case concerns whether…
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the Commerce Department can make a particular market situation adjustment in the sales-below-cost test when determining normal value. In a December 2021 decision in this case, Hyundai Steel Co. v. U.S., the Federal Circuit said that no such adjustment is allowed (see 2112100039). Most recently, the appellate court granted an extension of time to file for a full court rehearing of the decision (see 2201030067). Wheatland Tube wants the stay since the case Hyundai Steel concerns "issues virtually identical to those in this case and Hyundai Steel will ultimately dictate the outcome of this appeal." In response, the Federal Circuit granted a separate motion from the Department of Justice to extend its time to file the case's opening brief while the court considers the motion to stay (Saha Thai Steel Pipe Public Company Limited v. United States, Fed. Cir. #22-1172, #22-1174).