No Intent Required for 'Targeted Dumping' in AD Cases, Says CIT
The Commerce Department doesn’t have to find a motive in order to find “targeted dumping” and use an alternate calculation method for calculating antidumping duties, said the Court of International Trade on June 25 as it sustained the final results of the 2011-12 administrative review on circular welded carbon steel pipes and tubes from Turkey.
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Commerce had found “targeted dumping” by Borusan during the review, which means it found that the price of goods exported by Borusan varied based on the date of sale or the location or identity of the purchaser. When Commerce finds targeted dumping, it can use a different method of comparing a company’s home market (Turkish) prices with U.S. prices. It can only use the different method if it results in a big enough change in the final result of the calculation, so targeted dumping usually means higher duties on the exporter.
Borusan said targeted dumping is an intentional behavior, and that it didn’t mean to vary its prices based on the type of sale. But CIT said the law includes no intent requirement. It only says Commerce can use an alternate calculation method if the exporter varies export prices by category, a condition that was met by Borusan.
(Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. v. U.S., Slip Op. 14-71, 13-00001, dated 06/25/14, Judge Barzilay)