Kazakh Exporter Says Commerce's Claims in Separate CIT Case Support AFA Claims at CAFC
The Commerce Department's new practice related to questionnaire response extensions supports exporter Tau-Ken Temir's claims against the agency's use of adverse facts available due to missed filing deadlines, TKT told the U.S. Court of Appeals for the Federal Circuit in a notice of supplemental authority (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
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TKT said that, in a proceeding on freight rail couplers from Mexico, Commerce shifted from "unsupported erroneous assumptions as to experienced counsel, recognizing filing difficulties, where now Commerce says should file earlier than previously advised." The agency also shifted away from "instructing counsel to just file extension request on Commerce ACCESS with Commerce immediately notified that way" to "now saying call," the brief said.
While Commerce criticized TKT's use of Commerce's new practice in its opening brief, the agency said in a separate case at the Court of International Trade that a party can cite a new agency practice like TKT did, the exporter said. "Commerce’s significant changes in its extension practice and positions informs as to past unlawfulness," the brief said.