CAFC Orders Stay in Case Over Commerce's Deduction of Section 232 Duties From US Price
The U.S. Court of Appeals for the Federal Circuit on April 14 granted a bid from plaintiffs-appellants Deacero and Deacero USA to stay the briefing schedule in an antidumping duty challenge, pending the results of a related matter. Both cases concern whether the Commerce Department can deduct Section 232 duties from an antidumping duty respondent's U.S. price in the dumping margin calculations (Deacero S.A.P.I. de C.V. v. United States, Fed. Cir. #22-1486).
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Deacero's case stems from Commerce's final results in the administrative review of the antidumping duty order on rebar products from Mexico, in which plaintiff Deacero served as a mandatory respondent. In the review, Commerce treated the Section 232 duties paid by Deacero as U.S. import duties, deducting them from the company's U.S. price in the dumping calculation. Deacero unsuccessfully argued that, like Section 201 duties, Section 232 duties are "special duties," and should thus not be deducted. The Court of International Trade said that Commerce could deduct the Section 232 duties, leading to Deacero's appeal (see 2112200051).
This exact question is being considered in Borusan Mannesmann Boru Sanayi ve Ticaret and Borusan Mannesmann Pipe U.S. Inc. v. United States, so Deacero moved to stay the case until that case was resolved.