Appellants Get 2 More Weeks to File Opening Brief Over Late Filing in Kazakhstan CVD Case
The I.S. Court of Appeals for the Federal Circuit in a Jan. 31 order gave plaintiff-appellants Tau-Ken Temir and Kazakhstan's Ministry of Trade and Integration an extra two weeks to file their opening brief in a countervailing duty case. The appellants now have until Feb. 14 to file the opening brief, while the appellees -- the U.S. and petitioners Globe Specialty Metals and Mississippi Silicon -- have until May 22 to file their responses (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
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The case stems from the countervailing duty investigation on silicon metal from Kazakhstan, where TKT served as the sole mandatory respondent since it is the only silicon metal exporter to the U.S. from Kazakhstan. During the investigation, counsel for TKT said there were difficulties with embedded hyperlinks, corrupted files and converting Russian language documents into a searchable PDF format. These issues were not fixed by the filing deadline, so TKT filed for an extension. The deadline automatically extended until 8 a.m. the next business day. Still, parts of the questionnaire came in past deadline.
Commerce rejected the submission, finding that the filing wasn't submitted in its entirety and extension requests cannot be submitted at the last minute. TKT then filed suit at the Court of International Trade, which ruled it was reasonable for the agency to deny plaintiffs' extension request for lack of "good cause" and said the plaintiffs failed to develop an argument showing that they had satisfied the "good cause" standard (see 2207150035). The present appeal followed.