Saha Thai Steel Pipe Public Company Limited v. United States

Summary

The Federal Circuit affirmed the Court of International Trade, holding that the Department of Commerce cannot apply a "particular market situation" (PMS) adjustment to the cost of production under 19 U.S.C. § 1677b(b) when calculating antidumping margins. Citing *Hyundai Steel Co. v. United States*, the court emphasized that the Trade Preferences Extension Act of 2015 (TPEA) added PMS authority only to the constructed value statute (§ 1677b(e)), not to the cost of production statute. The court rejected the agency's attempt to circumvent this statutory limitation by reframing a cost of production adjustment as a constructed value calculation.

Holdings

1. The agency cannot use PMS adjustments for cost of production calculations. The TPEA amendment authorizing PMS adjustments applies only to constructed value calculations under § 1677b(e), not to cost of production calculations under § 1677b(b).

Questions Presented

1. Whether the Department of Commerce may adjust the cost of production for a particular market situation under 19 U.S.C. § 1677b(b) when calculating antidumping margins.

Disposition

affirmed