This morning, the Federal Circuit released one nonprecedential opinion vacating and remanding a decision of the Court of International Trade. Here is the introduction to the opinion.
Tau-Ken Temir LLP v. United States (Nonprecedential)
Appellants Tau-Ken Temir LLP, JSC NMC Tau-Ken Samruk (individually or collectively, “Tau-Ken”), and Ministry of Trade and Integration of the Republic of Kazakhstan appeal from a final judgment of the U.S. Court of International Trade (“Trade Court”). The Trade Court sustained the U.S. Department of Commerce’s (“Commerce”) final determination that the Republic of Kazakhstan subsidized Tau-Ken’s production of silicon metal in a manner that warranted a countervailable subsidy rate of 160% for the subject merchandise. Commerce reached this determination because it had rejected, as untimely, a Tau-Ken submission that was filed 1 hour and 41 minutes past the deadline. For the reasons below, we vacate the Trade Court’s judgment and remand.