The deadlines for the anti-dumping questionnaire response are usually the same in each investigation. The Commerce Department initiates the investigation 20 days after the petition is filed. The questionnaire is typically issued about two weeks after the initiation of the investigation. Once the questionnaire is issued, the first section of the response is due in 21 days, with the remaining sections due in 37 days. Extensions up to 14 days are likely; extensions beyond 21 days are very unusual.

 

It is a mistake, however, to wait until the questionnaire is issued to begin the preparations. The questionnaire is quite standardized, with very little change from case to case. There is thus no need to wait for the questionnaire to find out what the Commerce Department wants to know. Those few areas that will be changed (e_g_ the product description and period of investigation) can usually be predicted, based on the petition, with a great degree of certainty by the lawyers. Waiting is also a mistake because the 21-51 days for completing the response is very short. Foreign companies, especially those without a great deal of experience in anti-dumping investigations, usually find this time period too short. The sooner the company starts with the basic preparations, the better.

 

It is also a mistake to wait until the International Trade Commission makes its preliminary injury determination. It is unlikely that the Commission will make a negative preliminary injury determination, so a company usually should not delay its preparations on the small chance that the Commission decision might make the preparations unnecessary.

 

Deadlines are very important in anti-dumping investigations. A foreign company should make every possible effort to meet all of the deadlines, including those for submission of the response. The Commerce Department has been becoming increasingly strict about the deadlines it issues in anti-dumping investigations. If a company misses a deadline, even by just a few days, the Commerce Department can use that failure to justify the use of 'facts available' as punishment. Although the Commerce Department might be more reasonable in a particular case and not use facts available, it is better to avoid the risk.

 

If it appears likely that a response, or some other submission, might be late, it is important to consult with the Commerce Department. It is usually possible to obtain a short extension. The Commerce Department regulations impose strict standards on who within the Commerce Department may grant extensions, so it is important to plan far enough in advance to receive the necessary approval. Generally the Commerce Department issues a written approval of the extension. If the Commerce Department does not issue such written approval, the lawyers for the company should at least send a letter to the Commerce Department summarizing for the administrative record the oral conversation in which the Commerce Department approved the extension. Such written evidence may be important later in the investigation if a dispute arises over whether the late submission was approved or not.

 

Source: Business Guide to Trade Remedies in the United States: Anti-dumping, countervailing and safeguards legislation practices and procedures