CAFC Stays Briefing Schedule in 3 Cases on Sunset Review of AD Order

The U.S. Court of Appeals for the Federal Circuit on Oct. 3 stayed the briefing schedule in a trio of cases brought by exporter Eregli Demir ve Celik Fabrikalari (Erdemir) while it considers the company's motion to consolidate the three appeals. All three cases center on the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).

One suit substantively challenges the sunset review itself, while the second challenges the International Trade Commission's alleged failure to reconsider the negligibility determination in the original injury investigation. The third suit contests the ITC's refusal to conduct a changed circumstances review. The Court of International Trade dismissed the cases (see 2406200045 and 2407220036) and didn't consolidate the actions, though Erdemir didn't request such action.

Erdemir wants the cases consolidated at CAFC, claiming they are "based on the same triggering act" (see 2409300043). The U.S. opposes the motion on the grounds that they involve different ITC decisions, standards of review and evidentiary records.