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CAFC Gives US More Time to File Reply in AD Case, Says No More Extensions Expected

The U.S. Court of Appeals for the Federal Circuit on July 30 granted the government's motion for an extension of time to file a reply brief in a case on whether the Commerce Department had adequate industry support to launch the antidumping duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. However, the court said the motion is granted "to the limited extent that the United States’s response brief is due no later than" Aug. 4, noting that the reply brief is still due no later than Sept. 3 (Tenaris Bay City v. U.S., Fed. Cir. # 25-1382).

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"No further extensions of time for the response brief should be anticipated," the court said, adding that a future extension of time will require "a showing of good cause."

In the case, the Court of International Trade sustained the Commerce Department's decision not to poll the industry before opening the AD investigations, though it previously remanded to revisit whether finishing operations were double counted (see 2403220033). CIT also told the agency to further explain its use of industry source data from the 2020 market period. On remand, the agency stuck with its use of the industry source data and said finishing operations weren't double counted, which the trade court sustained (see 2412110010).