AD Petitioner Requests Stay in CIT Case Until After Deadline to Appeal Stupp Decision
The Court of International Trade should halt proceedings in an antidumping duty case filed by HiSteel until after the deadline to appeal the trade court's recent decision in Stupp v. U.S., AD petitioner Nucor Tubular Products said in a March 9 motion. In Stupp, CIT said that the Commerce Department adequately addressed all questions raised by the U.S. Court of Appeals for the Federal Circuit on the use of the Cohen's d test as part of the differential pricing analysis to root out "masked" dumping (see 2302270049) -- a "virtually identical" issue to one argued in HiSteel's case, Nucor said (HiSteel Co. v. United States, CIT # 22-00142).
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"Once this deadline has passed, or a notice of appeal has been filed, this Court will be better equipped to determine the best way forward in this case: Whether to proceed with the litigation, or to stay the litigation pending a ruling from the Federal Circuit," the brief said. "Nucor Tubular requests this stay in the interests of judicial economy and conserving the parties’ resources, and represents that a stay will not work undue harm or prejudice."