Exporter Invokes Recent CIT Decision in Filing Deadlines Case at CAFC
Exporter Oman Fasteners said a recent Court of International Trade decision on the Commerce Department's filing deadlines supports its claim at the U.S. Court of Appeals for the Federal Circuit that one "inadvertent missed deadline 'without more'" doesn't support the use of adverse facts available in an antidumping duty case. Oman Fasteners filed a notice of supplemental authority on June 10 calling the appellate court's attention to CIT's holding in Cambria Co. v. U.S. (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
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In Cambria, the trade court said Commerce abused its discretion by using adverse facts available against exporter Antique Group since it missed a filing deadline by five hours (see 2405290065). While the agency only allows late filings when there's an "extraordinary circumstance," the court said Commerce must waive this rule for late submissions if not doing so would be an abuse of discretion.
Oman Fasteners said in its case, like in Cambria, the respondent "had consistently complied with prior deadlines" and that one missed deadline doesn't support the use of AFA. Commerce doesn't have "unfettered discretion absent a 'pattern of non-cooperation.'"