Commerce Changes Rules on Submission Deadline Extensions in AD/CV Cases
The Commerce Department is changing its regulations governing extensions of time limits for submissions in antidumping and countervailing duty proceedings, in a final rule set for publication in the Sept. 20 Federal Register. The agency will only allow late submissions under “extraordinary circumstances,” and is expanding the rules so that time limit extension provisions apply to all submissions, not just factual information. The time limit extension rules will apply differently when submissions from multiple parties are due at the same time. The changes will apply to AD/CV duty proceedings that begin on or after Oct. 21.
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The Commerce Department originally proposed the changes to deadline extensions in January (see 13011511). The final rule makes some changes from the proposal.
Late Extension Requests Only Accepted in “Extraordinary Circumstances”
Commerce’s final rule adds a sentence to 19 CFR 351.302(c), “requests for extension of specific time limit,” that says “an untimely filed extension request will not be considered unless the party demonstrates that extraordinary circumstances exist.” Commerce said a party should usually be able to request an extension before the deadline. And late submissions impede the Commerce’s ability to conduct AD/CV proceedings. So for proceedings that begin on or after Oct. 21, Commerce will only consider whether good cause exists to accept a late submission if the submitting party has demonstrated that extraordinary circumstances exist.
The final rule defines an “extraordinary circumstance” as “an unexpected event that:
(i) Could not have been prevented if reasonable measures had been taken, and
(ii) Precludes a party or its representative from timely filing an extension request through all reasonable means.”
The final rule also amends 19 CFR 351.302 so that the regulation on extensions of time limits applies to all submissions in AD/CV cases, not just the submission of factual information. It replaces a reference to Section 351.301 with the phrase “established under this part.” Currently, the reference to 351.301 limits the provisions on deadline extensions to submissions of factual information, Commerce said.
Early Deadline for Extension Requests When Multiple Parties Must File
Although Commerce was originally considering an interpretation of untimely as 24 to 48 hours before the actual deadline, it decided in its final rule not to implement such a standard when a submission from a single party is due. Instead, when a single party’s submission is due, submissions and extension requests will only be considered untimely if they are submitted after the 5:00 p.m. on the deadline date (or another time if specified). Effectively shortening deadlines by a day or two would have been difficult to administer in cases of short time limits or weekends and holidays during the 24 or 48 hour period.
However, when multiple parties’ submissions are due, any requests for extension will have to be filed by 10:00 a.m. on the due date (or another time if specified), Commerce said. Examples of such instances include case and rebuttal briefs, factual information to value factors or measure remuneration, comments on surrogate country and value, and quantity and value questionnaires. Commerce said this change will avoid circumstances where one party requests a last-minute extension to the deadline for filing a case brief, while another party submits its case brief on time, with the result that the extending party may review the on-time submission and obtain an advantage.
(Federal Register 09/20/13)