Recent CAFC Decision Over Missed Deadline Relevant for Present AD Case, Petitioner Tells CIT
A Jan. 18 U.S. Court of Appeals for the Federal Circuit antidumping duty decision concerning the Commerce Department's rejection of untimely filed submissions has surfaced in another AD case at the Court of International Trade. In a notice of supplemental authority the same day, petitioner Mid Continent Steel & Wire said the Trinity Manufacturing v. U.S. ruling is relevant for the present action (Oman Fasteners v. U.S., CIT # 22-00348). In Trinity, the Federal Circuit found Commerce didn't abuse its discretion in rejecting a late submission that led to the revocation of an AD order (see 2301180025).
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The CIT case concerns the sixth administrative review of the antidumping duty order on steel nails from Oman. In the past five reviews, exporter Oman Fasteners said it received AD rates of 0.56%, zero, zero, zero and 1.65%, respectively. Oman Fasteners was a fully cooperating respondent in the review with the only hang-up coming from the exporter's supplemental Section C questionnaire responses. Part of the response was filed 16 minutes late, resulting in a total adverse facts available rate of 154.33%.
In its complaint and motion for a preliminary injunction (see 2212280043), Oman Fasteners said the company had to stop all U.S. shipments of its goods subject to the duties and will face insolvency unless it can quickly resume U.S. sales and maintain them as the case continues. The case was set on an expedited briefing schedule with the PI motion currently being litigated.
Mid Continent, meanwhile, believes the appellate court's resolution of Trinity spells the end for Oman Fasteners' case. In Trinity, Commerce said the medical and technical issues that caused the missed filing deadline did not establish extraordinary circumstances justifying missing the deadline. "The CIT affirmed Commerce’s interpretation and application of the extraordinary circumstances requirement, even though the filer sought relief immediately upon learning of the missed deadline, and even though Commerce’s rejection resulted in the drastic and draconian result of revocation of an antidumping order that had been in place for nearly 40 years," the notice said.
"Mid Continent respectfully submits that the Trinity decision underscores Commerce’s broad discretion regarding untimely extension requests, confirms the validity and application of its regulatory 'extraordinary circumstances' requirement, and supports a determination that Plaintiff has not demonstrated a likelihood of success on the merits in the instant appeal," Mid Continent said.