AD Respondent Files Suit Against Section 232 Deduction From Export Price in AD Case
The Commerce Department erred when it treated Section 232 steel and aluminum duties as ordinary customs duties and deducted them from antidumping duty respondent Borusan's export price and constructed export price, the respondent argued in a Jan. 17 complaint at the Court of International Trade (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT #23-00005).
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The case concerns the 2020-2021 administrative review of the antidumping duty order on standard pipe from Turkey in which Borusan was tapped as the sole mandatory respondent. During the investigation, Commerce treated Borusan's Section 232 duties as ordinary customs duties, deducting them from the respondent's export and constructed export price.
Administratively, and now at the court, Borusan claimed that Section 232 duties are "special duties" and are not U.S. import duties within the AD statute's meaning "as demonstrated by record evidence and legislative history." CIT has previously rejected that position.