Recent CIT Decision Affirms Commerce Properly Rejected 2-Hour-Late Submission, AD Petitioner Says

A recent Court of International Trade opinion finding that the Commerce Department appropriately rejected untimely filed questionnaire responses and extension requests is relevant for antidumping duty petitioner Wheatland Tube Co.'s case, the petitioner said in a July 19 notice of supplemental authority (Ajmal Steel Tubes & Pipes Ind. v. United States, CIT #21-00587). In the recent decision in the Tau-Ken Temir v. U.S. case, the court said Commerce properly rejected the hour and 41 minutes-late submissions (see 2207150035). The plaintiffs said that technical difficulties and COVID-19 issues resulted in the late filings, but the court said Commerce did not abuse its discretion in denying the submissions since the plaintiffs' "experienced counsel" should have requested an extension earlier.

Wheatland's case concerns the administrative review of the AD order on circular welded carbon steel pipes and tubes from the United Arab Emirates, covering entries in 2018-2019 (see 2204110035). The case was brought by Ajmal Steel Tubes & Pipes to contest Commerce's decision to reject part of its submissions for being nearly two hours late due to COVID-19-related technical difficulties.