DOJ Requests Stay in AD Case on Oil Country Tubular Goods Pending Resolution in Federal Circuit

The Department of Justice requested a stay of proceedings in an antidumping case in the Court of International Trade, arguing that there is significant overlap with a case currently before the Federal Circuit on the issue of whether a particular market situation existed in South Korea for the product in question. Filing for the stay in a case brought by SeAH Steel Corporation challenging the administrative review of the antidumping duty order on certain oil country tubular goods from South Korea, DOJ said that the Federal Circuit's decision will answer one of the central questions in SeAH's lawsuit, and would "likely streamline the issues in the case" (SeAH Steel Corporation v. United States, CIT # 19-00086). Plaintiffs do not consent to the stay request.

The Federal Circuit case, NEXTEEL Co. v. United States (#2021-1334), is on appeal from CIT's ruling against Commerce's application of a particular market situation finding under similar circumstances (see 2105030043). In both that case and in the agency’s final results on South Korean circular welded pipe, the agency found that a particular market situation prevented it from using its normal comparison of an exporter’s actual home market prices to the prices of its exports to the U.S., forcing it to calculate constructed value for the home market. Commerce then, again citing the particular market situation, adjusted production costs used to calculate the constructed value.