CIT Enjoins AD Cash Deposits From Steel Nail Importer, Tells Commerce to Accept Late Submission

The Court of International Trade in a Feb. 15 confidential opinion granted exporter Oman Fasteners' motion for a preliminary injunction in an antidumping case, enjoining the U.S. from "taking any action to enforce, implement, or execute" the duties set by the Commerce Department on steel nails from Oman. Judge M. Miller Baker also barred CBP from collecting AD duty cash deposits on the nails after Oman Fasteners argued that the 154.33% adverse facts available rate set as the cash deposit mark would bankrupt the company (Oman Fasteners v. United States, CIT # 22-00348).

Treating the motion for a PI as a motion for judgment, Baker also remanded the case to Commerce, ordering the agency to place both the public and confidential versions of the Section C questionnaire on the record and reconsider the exporter's dumping rate using the document.

The case stems from the sixth administrative review of the antidumping duty order on steel nails from Oman, covering entries in 2020-2021. While Oman Fasteners was a fully cooperating respondent in the review, it filed its supplemental Section C questionnaire 16 minutes late, leading Commerce to levy a total AFA rate of 154.33%. The exporter appealed to the trade court seeking an expedited briefing schedule and an injunction against the duties (see 2212280043).