The person who copied my work says it's fair use. Can I still send a DMCA takedown?

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You can, but the law requires you to think about it first. In Lenz v. Universal Music Corp. (9th Cir. 2016) the court held that fair use under 17 U.S.C. § 107 is "authorized by the law", so a copyright holder must consider fair use before sending a takedown notice under § 512(c), and one who ignores that duty is liable for damages under § 512(f). The standard is subjective good faith: if you honestly weigh the four factors, the purpose and character of the use, the nature of your work, how much was taken, and the effect on your market, and conclude the use is not fair, you are not liable even if a court later disagrees. The Copyright Office stresses there is no formula: no fixed number of seconds, words or percentage is automatically safe, and non-commercial use is not automatically fair. Section 107 names criticism, comment, news reporting, teaching, scholarship and research as purposes that can qualify; a wholesale re-upload of your work with nothing added usually serves none of them. Write your reasoning down before you send. If they counter-notify claiming fair use, the material can return in 10 to 14 business days (§ 512(g)(2)(C)) unless you file suit. Build the request at https://takeitdown.agentexchange.work/request/dmca (free; you send it, the deadline is tracked).

The person who copied my work says it's fair use. Can I still send a DMCA takedown?

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