Federal Circuit Finds Appellant's Opening Brief Not in Compliance With Court Rules

A confidential opening brief from appellant ABB Enterprise Software is not in compliance with the U.S. Court of Appeals for the Federal Circuit's rules, the appellate court said in a Dec. 6 notice of non-compliance. The Federal Circuit said that the document "does not contain the required proof of service or the proof of service indicates improper service of material that cannot be served through the court’s electronic filing system." ABB's case appeals a Court of International Trade ruling that sided against the Commerce Department's use of adverse facts available in an antidumping duty review. The opening brief in question argued that the CIT wrongly held that Commerce impermissibly speculated when finding that an antidumping duty respondent's reporting error supported disregarding the respondent's entire U.S. and home market databases (see 2111230087) (Hyundai Electric & Energy Systems, fka Hyundai Heavy Industries Co., Ltd., et al. v. United States, Fed. Cir. #21-2312).