Opinions
on

Late yesterday and later this morning, the Federal Circuit released one precedential opinion and five nonprecedential orders. In the opinion, the court affirmed a judgment in a case appealed from the Court of International Trade. Four of the orders dismiss appeals, while one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.

Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. United States (Precedential)

From May 2017 to April 2018, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Mannesmann Pipe U.S. Inc. (collectively, Borusan) imported circular welded carbon steel pipes and tubes (carbon steel pipe) that were subject to decades-old antidumping duties. Near the end of that period in 2018, the President issued Proclamation 9705, which separately imposed a duty on imported steel articles (including Borusan’s carbon steel pipe) under § 232 of the Trade Expansion Act of 1962, 19 U.S.C. § 1862. In the annual administrative review of the antidumping duties owed on Borusan’s imports for the May 2017–April 2018 period, the Department of Commerce treated the Proclamation 9705 duty as a “United States import dut[y]” under 19 U.S.C. § 1677a(c)(2)(A), a treatment that resulted in higher antidumping duties for Borusan’s imports in the review than if Commerce had not so treated the Proclamation 9705 duty.

Borusan challenged Commerce’s annual-review determination in the Court of International Trade (Trade Court), urging that the phrase “United States import duties” in § 1677a(c)(2)(A) did not encompass any duties imposed under § 232. The Trade Court disagreed and affirmed Commerce’s treatment of the Proclamation 9705 duty. That ruling is now here on Borusan’s appeal. Because Commerce correctly determined that the particular § 232 duty imposed by Proclamation 9705 is a “United States import dut[y]” under 19 U.S.C. § 1677a(c)(2)(A), we affirm.

Dismissals

Erratum