US Asks for More Time to File Brief in Lead Case on 'd' Test, Given Importance of Proceeding

The U.S. asked for 17 more days to file its reply brief in the lead case at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test in its analysis of "masked" dumping in antidumping duty proceedings. The brief is currently due on Oct. 20 and the extension request, the second of its kind for the U.S. following a prior 45-day extension, would see the brief due Nov. 6 if granted. Exporter and appellant SeAH Steel Corp. told the government it objects to the motion (Stupp Corp. v. United States, Fed. Cir. # 23-1663).

The U.S. said the additional 17 days are needed due to the "nature of the issues in this case and its impact on numerous other pending matters." The differential pricing analysis under fire in the case "is also a critical issue in at least one other case currently pending before this Court as well as numerous cases at the U.S. Court of International Trade," requiring a "heightened level of coordination" between the DOJ and Commerce Department personnel, the government argued.