Taiwanese Exporter Asks CIT to Deny 'Disingenuous' Bid for Oral Argument in AD Case

Plaintiff and exporter Prosperity Tieh Enterprise Co. opposed a group of U.S. steel producers' motion in an antidumping duty case to hold an oral argument, telling the Court of International Trade that the motion is "unnecessary and disingenuous." In the May 20 filing, Prosperity argued that since the case has been going on for six years and the main issue in the case -- the decision to collapse mandatory respondents Yieh Phui Enterprise Co. and Synn Industrial Co. with one of their affiliates, Prosperity -- has been "extensively briefed," the need for oral argument is precluded (Prosperity Tieh Enterprise Co. v. United States, CIT Consol. #16-00138).

The case concerns the AD investigation on corrosion-resistant steel products from Taiwan. In the investigation, Commerce initially decided to treat Yieh Phui and Synn as a single entity. The agency then decided to collapse Yieh Phi and Synn with Prosperity. After a challenge was filed at CIT by Prosperity and Yieh Phui, the trade court sustained the decision. The U.S. Court of Appeals for the Federal Circuit, however, said that Commerce didn't engage in a permissible analysis when collapsing the respondents. Judge Timothy Stanceu remanded the case 14 months after the appellate court decision, instructing the agency to make corrections in line with the appellate court's findings. Commerce did so, reversing its decision to collapse the entities (see 2202150032), to the delight of Yieh Phui and Prosperity.

"All parties have had ample opportunity to comment on Commerce’s latest redetermination, with both the Defendant-Intervenors and the U.S. Government seeking and receiving further extensions of time to comment," the brief said. "We believe that the Court is thoroughly familiar with the facts and law relevant to the collapsing issue in this litigation and that further oral argument is an unnecessary delay."

Prosperity further argued that the U.S. steel companies' motion is also disingenuous since it is "calculated simply to delay this litigation" to benefit their position in a different proceeding -- namely, a five-year sunset review at the International Trade Commission over whether the antidumping and countervailing duty orders on CORE from Taiwan should continue. "An important consideration in that proceeding will be whether or not Yieh Phui, the largest exporter of CORE from Taiwan, is subject to the Order," the brief said.