Tire Exporters Ask CAFC for 6K More Words After Failed Bid to File 2 Separate Briefs

Tire exporters Guizhou Tyre Co. and Aeolus Tyre Co. asked for 6,000 more words for their opening brief after the U.S. Court of Appeals for the Federal Circuit rejected their bid to submit two separate briefs. The companies noted that they received the government's consent and there's "good cause" to expand the word count (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).

Guizhou and Aeolus initially argued for two separate briefs because they have "completely separate and voluminous record evidence comprised of the information they submitted to Commerce." The court said the companies failed to show good cause to depart from the single-brief requirement, prompting the present brief (see 2312140057).

The exporters now use the same argument to vie for an expanded word count of 20,000 and an expanded limit of 71 confidential words.

Both companies are challenging the Commerce Department's determination that they failed to rebut the presumption of state control in the 2014-15 review of the antidumping duty order on new pneumatic off-the-road tires from China. In a pair of opening briefs, the companies said Commerce's analysis of whether a company from a non-market economy has rebutted the presumption of foreign state control was improperly applied to exporters that are minority owned by state-owned enterprises (see 2310310048).