AD/CVD Proceedings to Halt During Gov't Shutdown, Litigation to Continue

Antidumping and countervailing duty proceedings at the Commerce Department will be temporarily stopped in the event of a U.S. government shutdown due to a failure in Congress to appropriate funds, lawyers from global firm Veneable wrote. Enforce and Protect Act allegations of AD/CVD evasion also won't be investigated during the shutdown, according to the National Customs Brokers & Forwarders Association of America.

While the proceedings themselves will not take place, Commerce lawyers will support DOJ attorneys in litigation over the AD/CVD matters in the Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court "on an as-needed/limited basis," Commerce said in its plan for an orderly shutdown. Some economic and trade analysts also will aid in litigation matters.

"Failing to meet court-ordered deadlines during a lapse in the Department's appropriations may result in loss of opportunity to defend the agency or findings of contempt to comply with court orders," Commerce noted.

The agency said it will carry on its activities related to a suspension agreement on uranium with Russia, which requires approval from Commerce for CBP to release shipments. "Failure to coordinate clearance of uranium shipments with CBP could result in the physical loss of uranium which would create a public safety and national security risk," the plan said.

The U.S. Court of Appeals for the Federal Circuit said that it will remain open in the event of a government shutdown, which may occur on Oct. 1 due to a "lapse in federal appropriations." The court will be fully staffed, providing "all judicial business functions until further notice from the court." Electronic case filing still will be available, and the current slate of cases set for oral arguments next week "will proceed as scheduled."