Federal Circuit Finds Opening Brief, Paper Copies Not in Compliance With Court Rules in 2 Cases

The U.S. Court of Appeals for the Federal Circuit found two filings in separate cases to not be in compliance with court rules. In a case appealed by M S International over whether the Commerce Department has the right to define "producers" when determining if there's enough industry support to launch antidumping and countervailing duty investigations (see 2110080035), the Federal Circuit found the appellant's opening brief to not be in compliance. The brief had redacted confidential information in its addendum, but MSI didn't submit a confidential version of the brief as well. In the second case -- an appeal over whether Commerce can make a particular market situation adjustment to the sales-below-cost test (see 2111230088), the Federal Circuit said that the paper copies submitted by the appellees of their notice regarding conflicts with oral argument aren't in compliance since they are improperly bound. The court doesn't accept paper copies in loose leaf binders, the notice said (Dong-A Steel Company v. U.S., Fed. Cir. #21-2153) (Pokarna Engineered Stone Limited v. U.S., Fed. Cir. #22-1077).