Commerce, DOJ, CIT Respond to Government Shutdown
The Commerce Department said its ACCESS system isn't receiving regular updates due to the federal government shutdown, which began on Oct. 1, the start of the 2026 fiscal year. All pending submissions in proceedings before the agency should be submitted by their current due date, the agency said.
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Should extensions be needed, the agency said parties "may have an extension of 10 days for questionnaire responses, without submitting a request for an extension of the deadline." If a party requires clarification for a questionnaire response that's "due before the government re-opens," the agency asked the parties to submit answer to "all other questions" first, then separately submit clarification requests by the same deadlines.
All other submissions were also granted a 10-day extension without the need for extension requests. If the government continues to be shut down when these submissions come due, Commerce said to make the submissions "within two business days of the government reopening." The schedule for the submission of rebuttal case briefs will be set after the government re-opens, the agency said.
In conjunction with this guidance, the U.S. asked for a stay of all active cases at the Court of International Trade in light of the shutdown. In the motions, the government said that without appropriated funding, employees and attorneys at DOJ and the Commerce Department "are prohibited from working, even on a voluntary basis." The motions said Commerce "has no personnel who are excepted and able to compile the administrative record during a lapse in appropriations." The requested stay would last "until Congress has restored appropriations to" DOJ.
Meanwhile, the Court of International Trade said on Oct. 1 it will remain open and continue normal operations despite the shutdown of the federal government "until further notice." The court said electronic filing will remain available through the CM/ECF system, and filing deadlines will remain in effect "unless otherwise ordered."