Nail Exporter Asks CAFC to Reschedule Nov. 7 Oral Argument Date in AD Suit

Exporter Oman Fasteners on Oct. 18 urged the U.S. Court of Appeals for the Federal Circuit to reschedule oral argument in its antidumping duty appeal that is currently set for Nov. 7. Counsel for the exporter said an "unforeseeable scheduling conflict arose that will make it exceedingly difficult" for the company to argue the case on that date (Oman Fasteners v. United States, Fed. Cir. # 23-1661).

Counsel for the exporter, led by Michael Huston at Perkins Coie, also is serving as counsel in a case before the U.S. Court of Appeals for the 3rd Circuit, In re Boy Scouts of America and Delaware BSA LLC. Huston told CAFC that, based on the 3rd Circuit's orders, he believed the Boy Scouts case would be argued on Nov. 4 or 5.

However, on Oct. 17, the court in the Boy Scouts case "unexpectedly and sua sponte rescheduled" the oral argument, which will take place in Philadelphia, to Nov. 6. Due to the scheduling conflicts of so many parties in the Boy Scouts case, Huston said he doesn't believe the 3rd Circuit "would be willing to agree to move that oral argument again," adding that it will be very difficult to present the Boy Scouts oral argument, then make it to Washington, D.C., the next morning to argue Oman Fasteners' case.

Huston said his co-counsel is arguing another case at CAFC on Nov. 5, and due to the "imminence of oral argument, substitution of another attorney would prejudice Oman Fasteners," the brief said. Counsel for the U.S. didn't oppose the motion, while counsel for petitioner Mid Continent Steel & Wire said he needs until Monday to formulate an answer.

The appeal is on the Commerce Department's use of a total adverse facts available rate of 154.33% on Oman Fasteners in the sixth administrative review of the AD order on steel nails from Oman, which was imposed due to missed filing deadlines (see 2302280040).