Federal Circuit Finds Appendix in CVD Case Not in Compliance With Court Rules

The U.S. Court of Appeals for the Federal Circuit found an appendix filed by plaintiff-appellant Uttam Galva Steel Limited in a countervailing duty challenge to not be in compliance with the court's rules (Uttam Galva Steels Limited v. United States, Fed. Cir. #21-2119). The court said that any multi-volume appendix must have a volume number in Roman numerals with the pages included in the volume at the top of the cover of each volume. Further, a confidential version of the appendix must have any relevant excerpts of statutes imposing confidentiality or the "entirety of any judicial or administrative protective order" at the beginning. The court also said that the appendix failed to contain the required proof of service or that the proof of service shows improper service of material that cannot be served through the e-filing system.

The case concerns an administrative review of the countervailing duty order on corrosion-resistant steel products from India. In the review, the Commerce Department hit Uttam Galva with a 588.42% AFA rate over its failure to admit to the affiliation with cross-owned producer of subject merchandise, Lloyds Steel Industries Limited. Uttam Galva recently argued that Commerce erred by rejecting its submissions on this affiliation then hitting it with adverse facts available (see 2202070054).