CAFC Stays Briefing in CVD Case Pending Resolution of Exporter's Request for More Words
The U.S. Court of Appeals for the Federal Circuit in an Oct. 26 order granted a two-week extension for exporter Tau-Ken Temir and Kazakhstan's Ministry of Trade and Integration to file their reply brief in a case on the countervailing duty investigation on silicon metal from Kazakhstan. TKT and the trade ministry recently also asked the court for an additional 7,000 words in the reply brief, prompting the court to stay briefing until it can resolve the motion for the expanded word count (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
The appellants asked for double its current word count, given that the Commerce Department has issued many decisions supporting the exporter's opening brief on the use of adverse facts available since it was filed (see 2310230042). The government consented to the extension, while the petitioner, Globe Speciality Metals, opposed the motion.
In the CVD investigation, TKT was hit with a 160% adverse facts available rate for missing a filing deadline. The U.S. and the petitioners, Globe and Mississippi Silicon, said that the duty rate was justified, while TKT said it is "unduly punitive" (see 2308290027).