Importer Drops Bid to Take Part in Appeal After Not Filing Notice to Appeal

Importer Worldwide Distribution dropped its bid to participate in an appeal of an antidumping duty review after failing to file a notice of appeal. The U.S. Court of Appeals for the Federal Circuit had asked the company whether it sought to take part in the case as an appellant, and, if so, what the court's jurisdiction is over such an appeal (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).

The U.S. told the court that Worldwide doesn't have the right to participate in the appeal because it "failed to file a notice of appeal." The court has previously said that a party can't take part as an appellant if it fails to file such a notice, the government argued.

Exporter Sahamitr Pressure Container originally brought suit to challenge the 2019-20 review of the AD order on steel propane cylinders from Thailand. The Court of International Trade said Sahamitr failed to undermine Commerce's finding that the company's monthly-based calculation of its sales costs were distortive (see 2405020029).