Key Points
- The DOC is seeking public comments on its PMS methodology in AD proceedings, which authorizes DOC to deviate from its normal calculation methods upon a finding of PMS that distorts the market in the exporting country.
- Under its PMS authority, DOC has in several cases adjusted the cost of production in the exporting country upward to account for the market distortion, which tends to inflate dumping margins.
- DOC's PMS approach has given rise to a series of lawsuits including a recent CAFC opinion, that prompted the agency to reconsider its methodology.
- Parties now have an opportunity to reshape DOC's PMS methodology and how it might affect the outcome of future AD proceedings. Comments are due no later than December 18 2022.
On November 18, 2022, the U.S. Department of Commerce (DOC) issued an advanced notice of proposed rulemaking, seeking public comments as it considers amending its "particular market situation" (PMS) methodology. DOC's approach to the PMS issue has significantly altered the course of several...
