US Won't Participate in Appeal Over Injunction on Cash Deposits in Steel Nails AD Case
The U.S. will not participate in the appeal at the U.S. Court of Appeals for the Federal Circuit over whether the Court of International Trade improperly granted an injunction against antidumping duty cash deposits on steel nails from Oman. The government sent a letter to the appellate court telling it that it didn't file a notice of appeal in the case, so it will not be filing a brief nor participating in any oral argument (Oman Fasteners v. United States, Fed Cir. # 23-1661).
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AD petitioner Mid Continent Steel & Wire filed the appeal to contest the trade court's injunction on the cash deposits as part of the sixth administrative review of the AD order on steel nails from Oman. In the review, the Commerce Department used a total adverse facts available rate on respondent and plaintiff Oman Fasteners over a 16-minutes-late submission. CIT found this to be an abuse of discretion, combining the motion for a preliminary injunction with a motion for judgment that had not yet been fully briefed (see 2302280040).