CIT Upholds Deduction of Section 232 Duties From US Price in AD Review
The Court of International Trade in an Aug. 23 opinion upheld the Commerce Department's 2018-19 review of the antidumping duty order on light-walled rectangular pipe and tube from Turkey. Judge Jane Restani said Commerce legally deducted Section 232 steel and aluminum duties paid by exporter Noksel Celik Boru Sanayi from its U.S. price. Noksel argued the government, by increasing the duties solely for goods from Turkey, distinguished the duties from the other Section 232 tariffs. Restani saw "no reason to vary" from past court rulings on this point. The judge also rejected Noksel's bid for a duty drawback adjustment.
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In a separate opinion, Restani also upheld the 2018-19 review of the AD order on steel concrete reinforcing bar from Turkey. Again, the judge upheld the deduction of Section 232 duties from the respondent's U.S. price and rejection of its request for a duty drawback adjustment. Restani also upheld Commerce's denial of respondent Icdas' request for a monthly index methodology to account for the effects of high inflation in Turkey during the review period.