CAFC Upholds Use of Turkish Lira to Value Home Market Sales in AD Review
The U.S. Court of Appeals for the Federal Circuit on July 29 sustained the Commerce Department's 2018-19 review of the antidumping duty order on cold-rolled steel flat products from Turkey in which the agency's decision to use Turkish lira to…
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value respondent Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's home-market sales. While Habas said Commerce had to follow its precedent by using the respondent's dollar-denominated sales, Judges Kimberly Moore, Todd Hughes and Tiffany Cunningham held that Commerce had no such obligation, since Habas failed to "reconcile its lira-denominated payment records with its reported dollar prices." The judges also rejected the respondent's claim that the use of the lira-denominated prices distorted the AD margin calculation, finding that Commerce properly relied on Habas' reported lira values, which were the only reliable prices.