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CAFC Rules Drawback Adjustments Correct in Thai Carbon Steel Pipes AD Review

A remand redetermination of the final results of the March 2006 -- February 2007 AD administrative review of carbon steel pipes from Thailand brought appeals from both the Thai producer and domestic producers, over how and whether the ITA should…

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add duty drawback adjustments (which are granted by the exporting country on re-exported materials), to normal value and to the cost-of-production calculations that serve to eliminate below-cost sales from margin calculations. The Court of Appeals for the Federal Circuit ruled that the ITA did not err in granting a duty drawback adjustment, increasing export prices, and increasing the cost of production by the amount of the exempted duties. (See ITT’s Online Archives or 11/24/09 news, 09112440, for BP summary of earlier CIT decision) (Appeal Number 2010-1220, dated 02/14/11.)