CAFC Rejects Bid to Consolidate 3 Appeals on ITC Sunset Review of Turkish Steel Products
The U.S. Court of Appeals for the Federal Circuit on Oct. 22 denied exporter Eregli Demir ve Celik Fabrikalari's (Erdemir's) motion to consolidate three of its appeals, which all involve the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey. Judge William Bryson said the court already has designated the cases as "companion cases," adding that "Erdemir has not shown compelling reasons to require all parties to file consolidated briefs" (Eregli Demir ve Celik Fabrikalari v. U.S., Fed. Cir. #s 24-2242, -2243, -2249).
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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 said the court should consolidate the cases because they are based on the same "triggering act." The U.S. opposed the motion on the grounds that each case involves different ITC decisions, standards of review and evidentiary records (see 2409300043).
In denying the consolidation motion, Bryson encouraged the parties to "reduce briefing where possible and to note at the beginning of the brief or section containing any duplicative content."