CAFC Reactivates Appeal After CIT's Reconsideration of 'd' Test at CIT
The U.S. Court of Appeals for the Federal Circuit on March 6 reactivated an appeal from U.S. Steel that had been on hold pending a bid to reconsider the underlying Court of International Trade decision (see 2211020073). CIT in February denied SeAH Steel's motion for reconsideration of its decision upholding the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping (SeAH Steel v. U.S., Fed. Cir. # 23-1109).
The Federal Circuit said the time to file an appeal runs from the order disposing of the last remaining motion seeking to alter or amend the judgment, per Federal Rule of Appellate Procedure 4(a)(4). The case stems from the 2016-17 administrative review of the antidumping duty order on oil country tubular goods from South Korea. In its late February decision, the trade court said Commerce adequately addressed the Federal Circuit's concerns over the use of the d test in its Stupp decision (see 2302270049).