CAFC Partially Grants Higher Word Count for Exporter Amid Opposition From CVD Petitioners

The U.S. Court of Appeals for the Federal Circuit allowed exporter Tau-Ken Temir (TKT) to use 3,135 additional words in its reply brief in a case on the countervailing duty investigation on silicon metal from Kazakstan. TKT asked for 14,000 words, twice the original allowance of 7,000, but the appellate court granted it the use of 10,135 words amid opposition from CVD petitioners (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).

TKT filed the suit to contest the use of adverse facts available for missing a filing deadline (see 2310230042). The exporter filed its opening brief, after which the U.S. and the petitioners filed suit. While both briefs are under their respective word limits, together they are over the 14,000 limit for any one brief.

The exporter said for this reason, among others, the additional words are needed. For instance, the two briefs from the appellees don't share citations pertaining to 43 court cases, three statutes, four regulations and "all agency decisions outside of the instant case," TKT said. The petitioners opposed the bid for the expanded word count since their arguments and claims from the U.S. are identical.