Anti-dumping investigation questionnaire response: brief delay condoned and filing taken on record to ensure full participation.

A marginal delay of 19 minutes in filing a questionnaire response in an anti-dumping investigation was condoned because the response was submitted only shortly after the prescribed time, the petitioner had already been allowed to participate, and the inquiry had to remain comprehensive. The court treated exclusion of the response for such a brief delay as disproportionate where it would prevent full participation in the investigation. The response was therefore taken on record.

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Issues: Whether the petitioner's questionnaire response in the anti-dumping investigation, submitted with a delay of 19 minutes, ought to be taken on record and the delay condoned.

Analysis: The response was filed only a few minutes after the prescribed time. The petitioner had already been permitted to participate in the proceedings, and the investigation was required to remain comprehensive. In these circumstances, exclusion of the response merely on account of a marginal delay would unjustly prevent full participation in the inquiry.

Conclusion: The delay was condoned and the questionnaire response was directed to be taken on record.

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