Barcode : 4326250-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
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Commerce provided Antique Group an opportunity to remedy its deficiencies when it issued the supplemental questionnaire that was untimely filed . Antique Group ’ s arguments that section 782 ( d ) of the Act requires Commerce to provide it with an opportunity to cure deficiencies overlooks the fact that the statute requires that the information be timely filed . Commerce must focus on applying the law to the facts of this case and should ignore the hyperbole of the impact that its decision has on those practicing before Commerce . To the extent Commerce does consider the impact that its decision in this case has on the market , Commerce should be concerned with evaluating the impact on the U . S . domestic industry and the American workers that it employs . By continuing to conduct this review as it did in the Preliminary Results , Commerce ensures that the U . S . domestic industry is obtaining the relief from the dumping behavior of Indian exporters of subject merchandise .
Commerce ’ s Position : Commerce has continued to find that it is appropriate to apply facts available with an adverse inference to Antique Group , in accordance with section 776 of the Act . As explained in the Preliminary Results , Commerce concluded that Antique Group failed to cooperate to the best of its ability and , upon evaluation of the arguments presented by parties in the case and rebuttal briefs , Commerce finds there is no basis on which to change the preliminary decision .
Sections 776 ( a )( 1 ) and 776 ( a )( 2 )( A ) - ( D ) of the Act provide that , if necessary information is not available on the record , or if an interested party : ( 1 ) withholds information requested by Commerce ; ( 2 ) fails to provide such information by the deadlines for submission of the information , or in the form and manner requested , subject to subsections ( c )( 1 ) and ( e ) of section 782 of the Act ; ( 3 ) significantly impedes a proceeding ; or ( 4 ) provides such information but the information cannot be verified as provided in section 782 ( i ) of the Act , Commerce shall use , subject to section 782 ( d ) of the Act , facts otherwise available in reaching the applicable determination . Section 782 ( c )( 1 ) of the Act states that Commerce shall consider the ability of an interested party to provide information upon a prompt notification by that party that it is unable to submit the information in the form and manner required , and that party also provides a full explanation for the difficulty and suggests an alternative form in which the party is able to provide the information . Section 782 ( e ) of the Act states further that Commerce shall not decline to consider submitted information if all of the following requirements are met : ( 1 ) the information is submitted by the established deadline ; ( 2 ) the information can be verified ; ( 3 ) the information is not so incomplete that it cannot serve as a reliable basis for reaching the 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 .
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 .
26 Filed By : David Lindgren , Filed Date : 1 / 3 / 23 1:27 PM , Submission Status : Approved