CAFC Rejects Bid to Differentiate PMS Adjustment Case From Past Court Decision
The Court of Appeals for the Federal Circuit in an Aug. 26 opinion rejected another group of appellants' appeal seeking to establish that the Commerce Department can make a particular market situation adjustment to the sales-below-cost test when finding normal…
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value. The appellate court previously rejected this claim in Hyundai Steel v. U.S. The appellants, led by American Cast Iron Pipe Co., sought to differentiate its case from Hyundai Steel by arguing that its case appeals an original investigation while the Hyundai Steel matter challenged an administrative review.