Appeals Court Stays 9 Cases Pending Full Resolution of PMS Adjustment to Sales-Below-Cost Test Question
The U.S. Court of Appeals for the Federal Circuit stayed nine antidumping duty and countervailing duty challenges until a full resolution is reached in another proceeding over whether the Commerce Department can make a particular market situation adjustment to the sales-below cost test. In a series of three orders, the appellate court paused the cases pending resolution of the request for an en banc rehearing in the other case, Hyundai Steel Co. v. U.S.
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In Hyundai Steel, the Federal Circuit said that the statute doesn't permit PMS adjustments to the sales-below-cost test (see 2112100039). PMS adjustments are permitted only for constructed value, the court said. The AD petitioner in that case, Welspun Tubular, Feb. 8 requested the full court rehearing (see 2202090045).