CIT Upholds Commerce's Acceptance of Document Originally Rejected as Late in AD Review

The Court of International Trade on March 3 upheld the Commerce Department's remand results in an antidumping duty case that slashed the dumping margin for respondent Ajmal Steel Tubes & Pipe Industries after the agency accepted the company's answers to the Section A quesitonnaire response. CIT's order came after neither Ajmal nor AD petitioner Wheatland Tube submitted comments on the remand.

The case stems from the 2018-19 administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from the United Arab Emirates. Counsel for Ajmal submitted its Section A response one hour and 50 minutes late due to technical difficulties, which the company argued constituted an "extraordinary circumstance" that justified the late filing.

While Restani said the circumstances likely should not have stopped Ajmal from filing a timely extension request, the judge ultimately remanded the rejection of the submission (see 2210280033). On remand, Commerce accepted the submission, dropping Ajmal's dumping rate to 0.57%.

(Ajmal Steel Tubes & Pipes Industries v. United States, Slip Op. 23-27, CIT # 21-00587, dated 03/03/23, Judge Jane Restani. Attorneys: David Forgue of Barnes Richardson for plaintiff Ajmal; Kelly Geddes for defendant U.S. government; Luke Meisner for defendant-intervenor Wheatland Tube Co.)