US Asks for 2nd Extension to File Reply in AD Suit at CAFC on Use of 'd' Test

The U.S. asked the U.S. Court of Appeals for the Federal Circuit on Oct. 5 for 14 more days to file its reply brief in a case on the antidumping duty investigation on utility scale wind towers from Canada. The government said a second extension -- the first was 58 days long -- is required by its heavy workload in other matters. All the parties consented to the motion, though Jay Campbell, counsel for appellants led by Marmen Inc., said the companies believe that an extension is unwarranted, given the first, 58-day, extension (Marmen v. United States, Fed. Cir. # 23-1877).

The case concerns the Commerce Department's use of the Cohen's d test to root out "masked" dumping. In an amicus brief, the Canadian government and a group of Canadian companies said that Commerce has "muddled together irrelevant and tangential statistical concepts in a future effort to obscure" that the agency is not actually using the Cohen's d test (see 2307190032).