US Asks for Extension to File Brief in Suit on Basis for NME Policy in AD/CVD Cases

The United States asked for 14 more days to file its reply brief in an appeal at the U.S. Court of Appeals for the Federal Circuit on the validity of the Commerce Department's non-market economy policy in antidumping duty cases. The government said it needs more time to prepare its draft brief and receive input from DOJ "supervisory counsel" and Commerce attorneys (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).

Exporter Jilin Forest Industry Jinqiao Flooring Group Co. consented to the extension, which would make the brief due May 13.

Jilin Forest filed its own reply earlier this month, arguing that it's "high time" to revisit Commerce's basis for its NME policy since the court has never seriously engaged with a challenge to the policy's legality (see 2404090054). The Court of International Trade questioned the policy, finding that it's neither rooted in statute nor regulation.