Barcode : 4326250-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
Group . The fact that Antique Group understood the deadline to be May 16 , 2022 means that it would have also clearly seen the established time of the deadline as well . In addition , while arguments suggest that Antique Group and its counsel were unable to understand the 10:00 a . m . ET deadline because of time zone differences , the fact that Antique Group and its counsel were able to meet 5:00 p . m . ET deadlines with the same time zone differences indicates that it was not an issue of misunderstanding time zones . Further , arguments that it was reasonable for Antique Group to assume the deadline was 5:00 p . m . ET overlook the respondent ’ s obligation to review the deadline that was established and ensure it is correctly followed ; the extension letter was not unclear and does not leave room for assumptions about the deadline time . Ultimately , all of the explanations for why Antique Group overlooked the deadline point to inattentiveness , carelessness and / or inadequate recordkeeping , not a lack of clarity on the part of Commerce or an inability to comply with the deadline . While various parties reference Nippon Steel ’ s statement that mistakes can and do happen and perfection is not required , the same ruling states that , “… it does not condone inattentiveness , carelessness or inadequate record keeping . It assumes that importers are familiar with the rules and regulations that apply … .” 85 We presume that , in the event that a party does not understand something , it will seek clarity from Commerce in a timely manner . Failure on the part of the respondent to calendar a deadline correctly does not translate into an obligation on the part of Commerce to modify the deadlines retroactively .
Additionally , while parties contend that Commerce ’ s regulations establish that only 5:00 p . m . ET deadlines are permitted , we highlight that the Extension Limits Preamble contemplates deadlines other than 5:00 p . m . ET and , while not utilized regularly , Commerce has relied on deadlines other than 5:00 p . m . ET in the instant review . 86 Had Commerce believed that its regulations only permit a deadline of 5:00 p . m . ET for the submission of information , Commerce would not have suggested otherwise in the guidance related to the regulatory regime for extensions . In fact , as the petitioner correctly notes , Commerce assigned a 10:00 a . m . ET deadline to the other respondent , PESL , earlier in the proceeding , and PESL was able to comply with the earlier deadline . 87 It is also important , as a basic matter of fairness to all respondents , that Commerce enforce the rules fairly and not allow some parties to submit untimely extension requests or questionnaire responses , when other parties have taken due care to submit timely requests and responses under identical or similar circumstances . While Commerce generally establishes initial deadlines as 5:00 p . m . ET , nowhere in Commerce ’ s regulations does it establish that Commerce must explain the reliance on a deadline other than 5:00 p . m . ET or that it cannot assign a deadline other than 5:00 p . m . ET when issuing an extension . Accordingly , Antique Group and counsel were aware that Commerce does occasionally rely on deadlines other than 5:00 p . m . ET . Moreover , while Antique Group contends that Commerce has a practice of setting deadlines with a time other than 5:00 p . m . ET only when a deadline is imminent and , therefore , should not have done so in this case , Commerce does not have such a practice . Instead , each time a deadline is set , Commerce considers the facts of the case and situation at hand to determine an appropriate and reasonable deadline for the situation .
85
See Nippon Steel , 337 F . 3d at 1382-83 .
86
See Extension Limits Preamble , 78 FR at 57792 .
87
See Commerce ’ s Letter , “ Granting PESL ’ s Request for a Fifth Extension of Time to Provide Response to the Initial Questionnaire ,” dated December 11 , 2021 .
17 Filed By : David Lindgren , Filed Date : 1 / 3 / 23 1:27 PM , Submission Status : Approved