US Files 3rd Motion to Extend Time to Reply in Meyer Case on Cookware Imports

The U.S. filed its third motion for an extension of time to file its reply brief in a suit on how to value cookware imports from Meyer Corp. Submitting the consent motion at the U.S. Court of Appeals for the Federal Circuit, DOJ lawyers said their heavy workload warranted the extension of time, which would make the brief due on Aug. 31 instead of Aug. 17. The three extensions together amount to 74 days from the brief's initial due date (Meyer Corp. v. United States, Fed. Cir. # 23-1570).

The case is notable for a prior Court of International Trade decision that questioned whether an importer could claim first sale treatment on its goods from a country with a non-market economy. The appellate court dispelled this notion (see 2208110060), shifting the central question in the suit to how to value the imports at issue. In a second opinion, the trade court said the cookware imports do not qualify for first sale treatment due to Meyer International's failure to submit financial information (see 2302090053).

Meyer again took to the appellate court, this time arguing that CIT erred in both failing to grant it first sale treatment and failing to find the correct result in every case. In rejecting the first sale bid, the court merely assigned second sale valuation without looking at whether the goods qualified for second sale, the importer claimed (see 2305100044). The government's brief will respond to these claims.