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AD Respondent Says Commerce Failed to Respond to Error Allegation Due to Gov't Shutdown

The Commerce Department improperly attributed freight and marine insurance income to antidumping duty respondent Suncity Metals and Tubes during the 2022-23 administrative review of the AD order on Indian-origin welded stainless pressure pipe, the respondent argued in an Oct. 9 complaint at the Court of International Trade (Suncity Metals and Tubes v. United States, CIT # 25-00222).

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While Suncity said it filed a ministerial errors letter with Commerce to address the mishap, the agency didn't respond due to the federal government shutdown. The result is that the alleged error wasn't fixed and the respondent ended up with a 21.77% AD rate.

Suncity said it incurred freight and marine insurance expenses but "received no offset income regarding those expenses." Thus, the agency's addition of "phantom income" related to these expenses to its Service Annual Survey, or SAS, program was illegal, the complaint said.