Steel Pipe Exporters Seek Stay of CIT Case Pending Appeal Over PMS for Hot-Rolled Coil in India

Garg Tube Export and Garg Tube Limited want their challenge to the 2018-19 administrative review of the antidumping duty order on welded carbon steel standard pipes and tubes from India in the Court of International Trade stayed pending their appeal in a related case over the existence of a particular market situation for hot-rolled coil in India. The Federal Circuit appeal will also address the Commerce Department's application of adverse facts available due to the plaintiffs' unaffiliated vendor's failure to submit costs of production data. Garg's July 6 motion to stay received the consent of the two defendant-intervenors, Nucor Tubular Products and Wheatland Tube, but will meet opposition from the Justice Department (Garg Tube Export LLP et al. v. United States, CIT #21-00169).

Garg argued that the Federal Circuit decision "would advance this action in an efficient manner that conserves the resources of the court and the parties." The plaintiffs' challenges to PMS and partial AFA in the 2018-19 administrative review "involve identical underlying legal issues, virtually identical Commerce rationale, and substantially similar record evidence as currently being reviewed by this Court AR17-18," the motion said.