NEW YORK The U.S. Court of International Trade (CIT) has dismissed a lawsuit filed by Turkeys Borusan Mannesmann Boru Sanayi ve Ticaret AS against the Commerce Department regarding its post-preliminary decision in an oil country tubular goods (OCTG) countervailing duty case.
The lawsuit "was dismissed based on jurisdiction and other recourse that we havethe issues were not addressed at all. We will absolutely appeal if the final determination goes against us," Buddy Brewer, chief executive officer of Houston-based subsidiary Borusan Mannesmann Pipe U.S. Inc. told AMM.
Commerces International Trade Administration (ITA) made a post-preliminary decision in late April (amm.com, April 25) that Borusan benefited from a 25.76-percent subsidy on hot-rolled coil from the Turkish government after initially assessing no countervailing duties against the company.
Borusan filed the lawsuit over Commerces refusal to verify information used to make the post-preliminary decision (amm.com, June 2), also criticizing the ITAs decision-making procedures in the trade case (amm.com, May 29).
The Istanbul-based pipe and tube maker said the decision, which could represent its final countervailing duty margin, might imperil its $150-million investment to build an OCTG mill near Houston.
The ITAs final decision in the countervailing duty case are due to be published July 10, the CIT said.