Federal Circuit Rejects Expedited Briefing in Case Over Injunction on AD Cash Deposits
The U.S. Court of Appeals for the Federal Circuit rejected antidumping duty petitioner Mid Continent Steel & Wire's motion to expedite briefing in an appeal of a Court of International Trade decision to grant an injunction against AD cash deposits. Judge Kara Stoll said that Mid Continent can continue to self-expedite its own briefs, but that it "has not made a sufficient showing to shorten the time for" exporter and appellee Oman Fasteners (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
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At the trade court, Judge M. Miller Baker combined Oman Fasteners' bid for a preliminary injunction with a motion for judgment, granting both. Mid Continent claimed it needed the expedited briefing schedule in the appeal since there's a chance the legal issues surrounding Baker's consolidation will be moot before the appeal is decided (see 2303290032).
Oman Fasteners filed the lawsuit against the Commerce Department's use of adverse facts available due to a 16-minutes-late submission in the sixth administrative review of the AD order on steel nails from Oman. The trade court found the use of AFA to be an abuse of discretion (see 2302280040).