CAFC Tosses Wheatland Tube's Appeal Over PMS Adjustment to Sales-Below-Cost Test
The U.S. Court of Appeals for the Federal Circuit in a July 1 order dismissed antidumping duty petitioner Wheatland Tube's appeal of the Commerce Department's final results in the administrative review of the antidumping duty order on circular welded pipe…
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from Turkey, granting the company's unopposed motion to toss the case. Wheatland filed the appeal to contest the Court of International Trade's ruling that Commerce couldn't make a particular market situation adjustment to the sales-below-cost test. After the Federal Circuit issued its judgment in the key Hyundai Steel case, plaintiff Borusan Mannesmann moved for affirmance on the issue. Wheatland then moved to toss the case, stating that Hyundai Steel "controls the issues" in the present appeal (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, Fed. Cir. #21-2097).