Barcode : 4259556-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
applicable determination ; ( 4 ) the interested party has demonstrated that it acted to the best of its ability ; and ( 5 ) the information can be used without undue difficulties .
Finally , where Commerce determines that a response to a request for information does not comply with the request , section 782 ( d ) of the Act provides that Commerce will so inform the party submitting the response and will , to the extent practicable , provide that party an opportunity to remedy or explain the deficiency . If the party fails to remedy or satisfactorily explain the deficiency within the applicable time limits , subject to section 782 ( e ) of the Act , Commerce may disregard all or part of the original and subsequent responses , as appropriate .
On April 20 , 2022 , Commerce issued a second supplemental questionnaire to Antique Group , and initially established a deadline of 5:00 p . m . ET on May 4 , 2022 . 28 Subsequently , Antique Group requested , and Commerce granted , two extensions to this deadline , ultimately providing the respondent an opportunity to submit its supplemental responses by no later than 10:00 a . m . ET on May 16 , 2022 . 29 Antique Group submitted its supplemental responses on May 16 , 2022 , but after the established 10:00 a . m . ET deadline . Antique Group did not communicate to Commerce that it was experiencing any difficulties in submitting the response by the 10:00 a . m . ET deadline , nor did it submit or otherwise communicate an additional extension request , before or after the deadline . Accordingly , Commerce determined that the responses were untimely filed and , as such , rejected and removed the submission from the record of the proceeding . 30
Between May 19 and 31 , 2022 interested parties submitted comments regarding Commerce ’ s decision to reject Antique Group ’ s untimely questionnaire response . 31 On June 1 , 2022 , we held an ex parte meeting with certain interested parties to discuss the parties ’ filings regarding Antique Group ’ s request for resubmission of its rejected supplemental questionnaire response . 32 Subsequently , on June 2 , 2022 , Antique Group submitted additional comments on Commerce ’ s decision to reject the submission . 33 Having considered all of the comments , on June 3 , 2022 , we rejected Antique Group ’ s second request for reconsideration . 34 Finally , between June 8 and 17 ,
28
See Commerce ’ s Letter , “ Second Supplemental Questionnaire ,” dated April 20 , 2022 .
29
See Antique Group ’ s Letter , “ Extension Request to Submit Response to Second Supplemental Questionnaire ( Section A , C and D ),” dated April 30 , 2022 ; see also Antique Group ’ s Letter , “ 2 nd Extension request to submit response to Second Supplemental Questionnaire ( Section A , C and D ),” dated May 7 , 2022 .
30
See Commerce ’ s Letter , “ Certain Quartz Surface Products from India : Rejection of Second Supplemental Questionnaire Response ,” dated May 18 , 2022 .
31
See Antique Group ’ s Letter , “ Request for Opportunity to Refile Response to Second Supplemental Questionnaire ( Section A , C and D ),” dated May 19 , 2022 ; see also Petitioner ’ s Letter , “ Petitioner ’ s Comments on Antique ’ s Request to Refile ,” dated May 20 , 2022 ; the Government of India ’ s Letter , “ Government of India Submission to Allow an Opportunity to Refile the Rejected Submission of Antique Group ,” dated May 25 , 2022 ; Arizona Tile ’ s Letter , “ Letter in Support of Antique ’ s Request for Acceptance of its Second Supplemental Questionnaire Response ,” dated May 26 , 2022 ; the Federation ’ s Letter , “ Request to Reconsider Rejection of Antique Group Questionnaire Response ,” dated May 27 , 2022 ; and Petitioner ’ s Letter , “ Petitioner ’ s Comments on Claims of Extraordinary Circumstances ,” dated May 31 , 2022 .
32
See Memorandum , “ Ex-Parte Meeting ,” dated June 1 , 2022 .
33
See Antique Group ’ s Letter , “ Antique ’ s Rebuttal to Petitioner ’ s Comments ,” dated June 2 , 2022 .
34
See Commerce ’ s Letter , “ Denial of Second Request to Resubmit Second Supplemental Questionnaire Response ,” dated June 3 , 2022 .
7 Filed By : Kyle Clahane , Filed Date : 7 / 1 / 22 2:00 PM , Submission Status : Approved