German Exporters Oppose US Bid for More Time to File Brief in CAFC AD Suit

Three German exporters, led by Ilsenburger Grobblech, opposed the U.S. government's motion for an extension of time to file its response brief in an appeal of the antidumping duty investigation on cut-to-length carbon and alloy steel plate from Germany. The U.S. asked for a six-day extension, but Ilsenburger said the U.S. Court of Appeals for the Federal Circuit has already given the government a 37-day extension and that the additional six days would effectively double the time under the court's rules to file a response brief (Ilsenburger Grobblech v. U.S., Fed. Cir. # 24-1219).

More delay also will affect the exporters' deadline for the reply brief, and the companies' counsel, led by David Bond of White & Case, will be "out of the country for an on-site verification in an antidumping investigation." That will cause further extension of the reply brief deadline if the government's motion is granted, the brief said.

The suit contests the Commerce Department's use of adverse facts available against exporter Salzgitter Mannesmann. The exporters said the use of partial AFA for Salzgitter's sales with an unknown manufacturer was unsupported since the evidence showing that the respondent "acted to the best of its ability is overwhelming."