CAFC Issues Mandate in Case Rejecting PMS Adjustment to Sales-Below-Cost Test
The U.S. Court of Appeals for the Federal Circuit issued its mandate on March 30 in an antidumping duty case affirming that the Commerce Department cannot make a particular market situation adjustment to the sales-below-cost test. The petitioner, Welspun Tubular,…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
unsuccessfully requested a stay of the mandate so that it could appeal the matter to the Supreme Court (see 2203240063). The appellate court said that a stay of the mandate was not needed to preserve this right. In the case's opinion, the Federal Circuit said that Commerce can only make a PMS adjustment when calculating constructed value, affirming a long line of Court of International Trade decisions (see 2203220082) (Hyundai Steel Company v. United States, Fed. Cir. #21-1748).