Commerce, ITC to Delay Deadlines in AD/CVD, Section 337 Cases

The Commerce Department’s Enforcement and Compliance office and the International Trade Commission will delay deadlines by several weeks in all of their investigations, including antidumping and countervailing duty proceedings, as a result of the recently ended federal government shutdown. Commerce will delay all AD/CVD cases and deadlines, as well as deadlines in Foreign-Trade Zones Board proceedings, by 40 days, it said in a memo dated Jan. 28. The ITC will delay deadlines in all of its cases, including AD/CVD and Section 337 proceedings, by 35 days, an ITC spokeswoman said by email.

The 40-day Commerce delay also applies to any deadlines set by the office that are not connected with a specific proceeding, such as comments on potential regulatory changes. In AD/CVD cases, it applies not only to preliminary and final results in administrative reviews and investigations, but also to deadlines for actions in AD/CVD proceedings, such as case briefs. The exception is requests for administrative reviews of AD/CVD orders and suspension agreements, which for orders and agreements with December and January anniversary months will be Feb. 28, 2019. Commerce will issue a combined notice for those two months, it said.

The ITC’s 35-day delay applies to “all investigations that were ongoing at the time of the lapse in appropriations,” the ITC spokeswoman said. “The Commission will issue scheduling Federal Register notices for all investigations in the coming days that will provide more detailed information for each investigation. These notices will be posted on the USITC web site as they are issued,” she said.