GDLSK

GDLSK ACHIEVES 0% ADD RATE FOR INDIAN PIPE EXPORTER THROUGH LITIGATION

The U.S. Court of International Trade (CIT), on October 24, 2022, issued its final ruling and judgment in the appeal challenging the U.S. Department of Commerce’s (DOC) results of the 2017-18 administrative review of the antidumping duty (ADD) order on welded carbon steel pipe from India. GDLSK client Garg Tube Limited was initially assigned an 11.83% ADD rate, and appealed to the CIT.

GDLSK successfully challenged two DOC actions: adjusting the dumping calculations upon finding that a “particular market situation” (PMS) existed in the Indian hot-rolled steel market; and applying adverse facts available (AFA) based on the failure of a Garg material supplier to provide DOC with information. In July 2021, the CIT ruled almost fully in Garg’s favor, resulting in DOC a reduction of Garg’s ADD rate to 1.73%. But GDLSK was not satisfied. We then successfully challenged DOC’s remaining PMS finding, which resulted in DOC further reducing Garg’s ADD rate to 0% – a rate that has now been affirmed by the CIT.

GDLSK is proud to have achieved a complete elimination of ADD liability for Garg. Notably, this is the first case where the CIT examined DOC’s regression methodology for computing PMS adjustments, agreeing with GDLSK that the methodology suffered from numerous inconsistencies and infirmities. Should you have questions about this case, or wish additional information, please contact GDLSK Partners Dharmendra Choudhary at dchoudhary@gdlsk.com or Ned Marshak at nmarshak@gdlsk.com.

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