U.S. Court of International Trade

Slip Op. 22-121

Before the Court in Ajmal Steel Tubes & Pipes Industries LLC, v. United States, and Wheatland Tube Company, Court No. 21-00587, Slip Op. 22-121 (October 28, 2022) were the parties’ motions for judgment based on the agency record regarding antidumping order for carbon-quality pipe from the United Arab Emirates. Plaintiff challenges the final determination of the antidumping rate since it is 9 times higher than the highest rate Commerce had previously assigned Ajmal. Id at 5.

Untimely extension of time requests (EOTs) are “not considered unless the party demonstrates that an extraordinary circumstance exists.” Id at 6. “An extraordinary circumstance is an unexpected event that: (i) Could not have been prevented if reasonable measures had been taken, and (ii) Precludes a party or its representative from timely filing an extension request through all reasonable means.” Id. The court found that Commerce was reasonable in rejecting Ajmal’s EOT because the court has previously affirmed Commerce’s rejection of EOTs based on technical difficulties due to transition in the workplace after the COVID-19 pandemic. Id at 8. Ajmal’s circumstances were not extraordinary, since they could have still filed a timely EOT. Id at 9.

However, the court balanced the delays caused by each party to the investigation; where Ajmal caused a delay of less than 2 hours, Commerce caused a delay of 110 days. Id at 10. Commerce attempted to distinguish its tolling of deadlines due to operational adjustments after COVID-19. Id. The court found that Commerce was experiencing the similar pandemic work adjustment issues as Ajmal and therefore, Commerce abused its discretion in denying Ajmal’s First Request for Reconsideration. Id at 11. “The court remand[ed] to Commerce to accept and consider Ajmal’s Section A filing and complete the review.” Id.