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ITA Allows More Requests for Extension of Time Limits in AD/CV Proceedings

Monday, September 23, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Administration has issued a final rule amending its regulations regarding the extension of time limits associated with antidumping and countervailing duty proceedings. This rule applies to any interested party requesting such an extension, which could include exporters and producers of merchandise subject to AD/CV proceedings and their affiliates, importers of such merchandise, domestic producers of like products, and foreign governments. The new regulations will apply to all segments of AD/CV duty proceedings initiated on or after Oct. 21.

Previously, 19 CFR 351.302(c) only allowed parties to AD or CV proceedings to request an extension of a time limit associated with the submission of factual information. The ITA is expanding this provision so that parties may request an extension of any time limit established in the AD/CV regulations.

Further, the previous regulation did not account for extension requests filed after the time limit. Asserting that in the vast majority of situations parties should be able to request an extension early enough to provide an adequate opportunity for the ITA to consider the request before the time limit expires, the ITA is specifying that an untimely-filed extension request will not be considered unless the party demonstrates that extraordinary circumstances exist. An extraordinary circumstance is an unexpected event that (a) could not have been prevented if reasonable measures had been taken and (b) precludes a party or its representative from timely filing an extension request through all reasonable means (e.g., natural disaster, riot, war, medical emergency).

The ITA has declined to finalize a proposal that would have included in the scope of untimely-filed extension requests those that are made very close to the applicable time limit (e.g., within 24-48 hours). Instead, the ITA has determined that an extension request is untimely if it is filed after the applicable time limit expires. However, the ITA states that the likelihood it will grant an extension will decrease the closer the request is filed to the applicable time limit.

The ITA also notes that there will be a separate standard for extension requests for submissions due from multiple parties simultaneously where one party may obtain an advantage by reviewing other parties’ submissions before filing its own (e.g., case and rebuttal briefs, comments concerning U.S. Customs and Border Protection data, etc.). These requests must be filed by 10:00 a.m. on the due date.

Finally, the ITA is adopting a recommendation that it require extension requests to be filed in separate, stand-alone submissions.

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