Commerce Delays AD/CVD Cases by 47 Days Due to Shutdown
The Commerce Department universally tolled all "Enforcement and Compliance deadlines" for 47 days, the effective length of the federal government shutdown, save for submissions due during the shutdown and requests for administrative reviews of suspension agreements and antidumping and countervailing duty orders.
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That "includes deadlines for actions by Enforcement and Compliance (such as preliminary and final determinations in investigations and administrative reviews in AD/CVD proceedings)."
During the shutdown, which began on Oct. 1, Commerce said all pending submissions in proceedings before the agency should be submitted by their current due date (see 2510010021). The agency said that if extensions were needed, parties would get a 10-day extension for questionnaire responses without needing to file a request. If a party needed clarification for a questionnaire response that was due before the government reopened, Commerce asked that the parties submit answers to "all other questions" first, then separately submit clarification requests by the same deadlines.
All other submissions also were granted a 10-day extension without the need for extension requests. Commerce said that if the government continued to be shut down when these submissions came due, parties should make the submissions "within two business days of the government reopening."
In its tolling memo issued after the reopening of the government, Commerce urged parties to follow its previous guidance for all submissions that were pending during the shutdown. However, since ACCESS was "temporarily disabled" on Nov. 13, the agency provided one more business day to submit responses that were due during the shutdown. Thus, "submissions that were due during the shutdown" were due Nov. 17.
For all other deadlines, Commerce tolled such deadlines for the "effective duration of the recent Federal Government shutdown." The tolling decision runs from the date of the memo, Nov. 14, and applies to "every proceeding before Enforcement and Compliance as of the date of this memorandum, including proceedings relating to the U.S. Foreign-Trade Zones Board and any deadlines for submitting comments not connected with a specific proceeding." If the new deadline falls on a weekend or holiday, "the deadline will be moved to the next business day."
All requests for administrative reviews for AD/CVD orders and suspension agreements with October anniversary months were due on Nov. 17. All review requests for orders and suspension agreements with November anniversary months are now due Dec. 31, the agency said.