CAFC Issues Mandate in Bid to Separate PMS Adjustment Challenge From Precedential Opinion
The U.S. Court of Appeals for the Federal Circuit issued its mandate Oct. 3 in a case on whether the Commerce Department can make a particular market situation adjustment to the sales-below-cost test when calculating normal value. In the Federal…
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Circuit's August opinion, the appeals court cited its previous rejection of the appellants' claims in the Hyundai Steel v. U.S. case. In the present action, the appellants, led by American Cast Iron Pipe, sought to differentiate its case from Hyundai Steel by arguing they are appealing an original investigation while the Hyundai Steel action challenged an administrative review. The Federal Circuit said this does not result in a different outcome (see 2208260040) (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., Fed. Cir. #22-1502).