Commerce Stays With AD Review Results, Finds Ministerial Error Allegation Untimely Filed
The Commerce Department made no corrections to the final results of a 2020-2021 administrative review of an antidumping duty order on polyethylene terephthalate resin from Oman after considering a ministerial error allegation by plaintiff Octal, DOJ told the Court of International Trade in a March 13 motion. DOJ had asked the Court to allow the Commerce Department to consider the allegation and, if necessary, to amend its final results. Commerce found that Octal untimely filed its allegation (Octal, et al. v. United States, CIT # 22-00352).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Octal had filed suit in December, challenging Commerce's changes to the date of sale for Octal's U.S. sales. Commerce should have used the date when the relevant price index was published rather than the invoice date, and the change resulted in an erroneous 3.96% dumping margin for the exporter, Octal said (see 2212290017).