ITA Proposes Changes to Submission Deadline Extensions in AD/CV Cases
The International Trade Administration is proposing changes to its regulations governing extensions of time limits for submissions in antidumping and countervailing duty proceedings. The proposed rule would only allow late submissions under “extraordinary circumstances,” and would clarify that time limit extension provisions apply to all submissions, not just factual information. Comments are due by March 18.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Late Extension Requests Only Accepted in “Extraordinary Circumstances”
The ITA’s proposal would add a sentence to 19 CFR 351.302(c), “requests for extension of specific time limit,” to clarify that “an untimely filed extension request will not be considered unless the party demonstrates that extraordinary circumstances exist.” In the vast majority of circumstances, there should be no reason why a party can’t request an extension before the deadline, the ITA said. Also, late submissions impede the ITA’s ability to conduct AD/CV proceedings. According to the proposed rule, the ITA will only consider whether good cause exists to accept a late submission if the submitting party has demonstrated that extraordinary circumstances exist.
The proposed rule would also clarify that 19 CFR 351.302 on extensions of time limits applies to all submissions in AD/CV cases, not just the submission of factual information. It would replace 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, the ITA said.
In sum, 19 CFR.302(c) would read as follows (proposed changes underlined): “Before the applicable time limit established under this part expires, a party may request an extension pursuant to paragraph (b) of this section. An untimely filed extension request will not be considered unless the party demonstrates that extraordinary circumstances exist. The request must be in writing, filed consistent with Section 351.303, and state the reasons for the request. An extension granted to a party must be approved in writing.”
Comments Requested on Other Possible Changes
The ITA is also considering, and requesting comments on, whether the term “untimely” should apply to extension requests made near the deadline. The agency suggested 24 or 48 hours before the deadline expires. The ITA is also asking for comments on whether there should be a separate standard for extension requests for submissions which are due from multiple parties at the same time. This change would 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.