DOJ, US Nail Producer Correct Non-Compliant Briefs at Federal Circuit in Antidumping Case

The Department of Justice and plaintiff-appellee Mid Continent Steel & Wire both filed corrected response briefs to the U.S. Court of Appeals for the Federal Circuit after the appellate court found their initial submissions to not be in compliance with court rules. The Federal Circuit said that the U.S.'s brief had an incomplete case number on the cover, since it didn't include all consolidated case numbers, and that it failed to follow the court's format for referencing the underlying record. Mid Continent's brief also suffered from this latter problem while also including a mismatch of the contact information for Lauren Fraid, counsel for Mid Continent, between the brief and the user's account (Xi'an Metals & Minerals Import & Export Co. v. U.S., Fed. Cir. #21-2205).

The case, originally brought by Xi'an Metals & Minerals Import & Export Co., concerns an antidumping duty review on steel nails from China. The Court of International Trade held that the Commerce Department can apply total adverse facts available for a mandatory respondent's failure to provide its factors of production data on a control number-specific basis. DOJ and Mid Continent are urging the appellate court to uphold this ruling (see 2112280055).