CAFC Issues Mandate in Case on Standard of Review for Reviewing Rejected Submissions
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 issued its mandate in a countervailing duty case regarding the propriety of the Commerce Department's approach to rejecting untimely submissions. In August, the appellate court said Commerce abused…
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its discretion in rejecting a submission from respondent Tau-Ken Temir in the CVD investigation on silicon metal from Kazakhstan that was filed one hour and 41 minutes late (see 2508040031). The court said that, going forward, courts considering the agency's rejection of untimely documents shall consider the "remedial-not-punitive purpose" of AD/CVD laws, the burden imposed on Commerce that would result from accepting the submission, whether "any finality concerns would be implicated" and the "late-filing party's efforts" and its "reasons for the submission's untimeliness" (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).