Turkish Steel Exporter Opposes Commerce's Request for More Time in Filing AD Remand Results
The Commerce Department has not shown good cause to delay filing its remand results in an antidumping case by 21 days, Turkish steel exporter and plaintiff Borusan Mannesmann Boru Sanayi ve Ticaret argued in an Oct. 1 brief at the Court of International Trade. While sympathetic to the agency's rationale of a large case load necessitating the extra time, the excuse falls flat since these conditions are not unusual or extraordinary circumstances, Borusan argued. Commerce also failed to show that these issues were unanticipated, the brief said (Borusan Mannesmann Boru Sanayi ve Ticaret A.S., et al. v. United States, CIT Consol. #19-00056).
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The case stems from an antidumping duty investigation into large diameter welded pipe from Turkey. In July, the U.S. Court of Appeals for the Federal Circuit reversed a CIT ruling in the case, siding with Commerce's initial decision to adjust Borusan's post-sale price by one-third of a late delivery penalty (see 2107200038). CIT then remanded the case to Commerce to comply with the Federal Circuit's reversal. In the first remand in the case, Commerce was able to file its remand results within 12 days. Now Commerce gives "no concrete explanation why it now requires five weeks to accomplish what it previously was able to do in 12 days," Borusan said.