EAPA Challenger Moves for Unopposed Stay in Proceedings, Awaits Ruling in Related AD Scope Case

Thai pipe exporter Blue Pipe Steel Center Co. filed an unopposed motion to stay proceedings on June 1 in its Enforce and Protect Act challenge until a decision is received from a related case involving a scope ruling on the underlying antidumping duty order in the Court of International Trade. Blue Pipe is hoping to reverse the affirmative determination that its dual stenciled pipe evaded antidumping duties on circular welded carbon steel pipes and tubes from Thailand. Since a related lawsuit from Saha Thai is challenging a scope ruling that found that dual-stenciled pipe was covered by the AD duty order, Blue Pipe's case should wait until the scope matter is settled, the company said.

The scope decision in Saha Thai's case will have a "significant impact" on Blue Pipe's challenge since, if the scope ruling is deemed to be unlawful, "CBP’s determination of Blue Point’s evasion should also be deemed unlawful." On the other hand, "if the Court in Saha Thai finds that the DOC Scope Ruling was lawful, the Court’s decision likely would, at a minimum, affect the arguments Blue Pipe might raise in this case, and could cause Blue Pipe to abandon its action and withdraw its appeal entirely," Blue Pipe said (Blue Pipe Steel Center Co., Ltd. v. United States, CIT #21-00081).

According to the motion, the Department of Justice consented to the motion and agreed that a stay was appropriate. Defendant-Intervenors Wheatland Tube Company and Nucor Tubular Products took no position to the motion and deferred to the court's decision. Oral argument in Saha Thai's case will take place in person at CIT on July 15 (Saha Thai Steel Pipe Public Co., Ltd. v. United States, CIT #20-00133).