[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13516-13526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7165]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 980313063-8063-01]
RIN 0625-AA51
Procedures for Conducting Five-year (``Sunset'') Reviews of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Interim final rules; request for comments.
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SUMMARY: The Department of Commerce (``the Department'') hereby amends
its regulations on antidumping and countervailing duty proceedings on
an interim basis in order to implement certain provisions of the
Uruguay Round Agreements Act (``URAA'').
The regulations provide, in particular, for procedures for
conducting five-year (``sunset'') reviews of antidumping and
countervailing duty orders and suspended investigations pursuant to the
provisions of sections 751(c) and 752 of the Tariff Act of 1930, as
amended (``the Act'').
DATES: Interim final regulations effective March 20, 1998. To be
assured of consideration, written comments must be received not later
than April 20, 1998. Rebuttal comments must be received not later than
May 11, 1998.
ADDRESSES: A signed original and six copies of each set of comments,
including reasons for any recommendation, along with a cover letter
identifying the commenter's name and address, should be submitted to
Robert S. LaRussa, Assistant Secretary for Import Administration,
Central Records Unit, Room 1870, U.S. Department of Commerce,
Pennsylvania Avenue and 14th Street, NW, Washington, DC 20230;
Attention: Sunset Procedural Regulations.
FOR FURTHER INFORMATION CONTACT: Melissa G. Skinner, Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, at (202) 482-1560, or Stacy J. Ettinger, Office
of the Chief Counsel for Import Administration, U.S. Department of
Commerce, at (202) 482-4618.
SUPPLEMENTARY INFORMATION:
Background
The Uruguay Round Agreements Act (``URAA'') fundamentally revised
the Act by requiring that antidumping (``AD'') and countervailing duty
(``CVD'') orders be revoked, and suspended investigations be
terminated, after five years unless revocation would be likely to lead
to a continuation or recurrence of (1) dumping or a countervailable
subsidy, and (2) material injury to the domestic industry. The URAA
assigns to the Department the responsibility of determining whether
revocation of an antidumping or countervailing duty order, or
termination of a suspended investigation, would be likely to lead to a
continuation or recurrence of dumping or a countervailable subsidy, and
of providing to the International Trade Commission the magnitude of the
margin of dumping or the net countervailable subsidy that is likely to
prevail if the order is revoked or the suspended investigation is
terminated. The URAA requires that the Department begin initiating
sunset reviews in July 1998, that all sunset reviews of ``transition
orders''--those antidumping and countervailing duty orders and
suspended investigations in effect on January 1, 1995, the effective
date of the URAA--be initiated by December 31, 1999, and that all
reviews of transition orders be completed by June 30, 2001. The URAA
further requires that the Department initiate a sunset review of each
order or suspended investigation that is not a ``transition order'' not
later than 30 days before the fifth anniversary of publication of the
order or suspension agreement in the Federal Register. Pursuant to
section 751(c)(1) of the Act, initiation of sunset reviews is
automatic. The Department intends to notify, in advance, all persons on
the service list for each proceeding subject to a sunset review, of the
approximate date of publication in the Federal Register of the
automatic initiation of the sunset review.
The interim regulations described below address the procedures for
participation in, and conduct of, sunset reviews consistent with the
statute and with the legislative history's commitment to provide
further guidance on procedures. These regulations are effective on
their date of publication in the Federal Register and apply to sunset
reviews initiated on or after July 1, 1998. These rules will remain in
effect until the Department adopts final regulations after considering
comments in response to this notice of interim final rules.
Request for Comment
The Department solicits comments pertaining to these interim final
regulations concerning conduct of sunset reviews. Initial comments
should be received by the Assistant Secretary not later than April 20,
1998. Any rebuttals to the initial comments should be received by the
Assistant Secretary not later than May 11, 1998. Commenters should file
a signed original and six copies of each set of initial and rebuttal
comments. All comments will be available for public inspection and
photocopying in the Import Administration's Central Records Unit, Room
B-099, between the hours of 8:30 am and 5:00 pm on business days.
Each person submitting a comment should include the commenter's
name and address, and give reasons for any recommendations. To
facilitate their consideration by the Department, initial and rebuttal
comments should be submitted in the following format: (1) Number each
comment in accordance with the number of the regulation being
addressed; (2) begin each comment on a separate page; (3) provide a
brief summary of the comment (a maximum of three sentences) and label
this section ``Summary of the Comment;'' and (4) concisely state the
issue identified and discussed in the comment and provide reasons for
any recommendation.
To help simplify the processing and distribution of comments, the
Department requests the submission of initial and rebuttal comments in
electronic form to accompany the required paper copies. Comments filed
in electronic form should be on a DOS formatted 3.5'' diskette in
either WordPerfect format or a format that the WordPerfect program can
convert and import into WordPerfect. Please make each comment a
separate file on the diskette and name each separate file using the
number of the regulation being addressed in the comment.
Comments received on diskette will be made available to the public
on the Internet at the following address: ``http://www.ita.doc.gov/
import__admin/
[[Page 13517]]
records/''. In addition, upon request, the Department will make
comments filed in electronic form available to the public on 3.5''
diskettes (at cost), with specific instructions for accessing
compressed data (if necessary). Any questions concerning file
formatting, document conversion, access on the Internet, or other
electronic filing issues should be addressed to Andrew Lee Beller, IA
Webmaster, (202) 482-0866.
Classification
Administrative Procedure Act
Pursuant to authority at 5 U.S.C. 553(b)(A), the Assistant
Secretary for Import Administration waives the requirement to provide
prior notice and an opportunity for public comment because this action
is a rule of agency procedure. Section 751(c) and section 752 of the
Tariff Act of 1930, as amended (19 U.S.C. 1675(c) and 1675a), and the
Statement of Administrative Action (``SAA'') accompanying the Uruguay
Round Agreements Act (H.R. Doc. No. 103-316, vol. 1 (1994)) address the
substantive methodological and analytical framework for sunset reviews,
as well as procedures for conducting sunset reviews. This action only
addresses the procedures for participation in, and conduct of, sunset
reviews consistent with the statute and with the SAA's commitment to
provide further guidance on procedures. This interim final rule is not
subject to a 30-day delay in its effectiveness under 5 U.S.C. 553(d) as
it is not a substantive rule. The analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 note) are inapplicable to this
rulemaking because it is not one for which a Notice of Proposed
Rulemaking is required under 5 U.S.C. 553 or any other statute.
Paperwork Reduction Act
This interim final rule contains no new collection of information
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Executive Order 12866
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
Executive Order 12612
This interim final rule does not contain federalism implications
described in Executive Order 12612 warranting the preparation of a
Federalism Assessment.
Explanation of Particular Provisions
Subpart A--Scope and Definitions
Subpart A sets forth the scope of part 351, definitions, and other
general matters applicable to AD/CVD proceedings.
Section 351.102
Section 351.102 sets forth definitions of terms that are used
throughout part 351. Most of the terms used in the new sunset
regulations have been defined previously in the statute or regulations,
and parties should refer to the relevant provisions for guidance.
However, we added two new definitions.
Expedited sunset review is used in these regulations as a shorthand
expression for the 120-day expedited sunset review conducted by the
Department under section 751(c)(3)(B) of the Act. The Department will
conduct an expedited sunset review when respondent interested parties
provide inadequate responses to a Notice of Initiation under new
Sec. 351.218(e)(1)(ii).
Full sunset review is used in these regulations as a shorthand
expression for the 240-day (or 330-day if fully extended) full sunset
review conducted by the Department under section 751(c)(5) of the Act.
The Department will conduct a full sunset review when both domestic
interested parties and respondent interested parties provide adequate
responses to a Notice of Initiation under section 751(c)(3)(B) of the
Act and new Secs. 351.218(e)(1)(i) and 351.218(e)(1)(ii).
Section 351.104
Section 351.104 defines what constitutes the official and public
records of an AD/CVD proceeding.
Administrative record of proceedings. Although no changes have been
made to Sec. 351.104 by these regulations, in order to avoid any
confusion that might arise from reporting and recordkeeping differences
between the International Trade Commission and the Department with
respect to grouped transition orders, we are clarifying that a sunset
proceeding before the Department is subject merchandise- and country-
specific (i.e., order-specific). Therefore, consistent with
Sec. 351.104(a)(1), the Department will maintain in the Central Records
Unit an official record of each sunset review of an order or suspended
investigation, and a party must file separate submissions, consistent
with the filing requirements of Sec. 351.303, in each sunset review in
which it participates.
Subpart B--Antidumping and Countervailing Duty Procedures
Subpart B deals with AD/CVD procedures.
Section 351.218
Section 351.218 deals with sunset reviews under section 751(c) of
the Act. We removed paragraphs (d) and (e) and added new paragraphs
(d), (e), and (f). These revisions are intended to streamline sunset
reviews by providing guidance on participation in, and conduct of,
sunset reviews. In addition, the Department believes that such guidance
will allow both the Department and interested parties to begin
preparing in advance, in particular, for the approximately 325 sunset
reviews of transition orders scheduled to be initiated over an 18-month
period beginning in July 1998.
Participation in sunset review. Paragraph (d) is new and sets forth
the procedural requirements for participation in, or waiver of
participation in, a sunset review.
Domestic interested party notification of intent to participate.
Paragraph (d)(1) sets forth the procedure for domestic interested party
participation in a sunset review. Paragraph (d)(1)(i) provides that a
domestic interested party that intends to participate in a sunset
review must file a Notice of Intent to Participate in a Sunset Review
within 15 days of initiation of a sunset review. The requirement that
domestic interested parties notify the Department of their intention to
participate prior to the deadline for submission of substantive
responses to both the Department and the International Trade Commission
is intended to alleviate the burden on parties of having to prepare
substantive responses in cases where there is no domestic party
interest. This is because, where there is no domestic party interest in
a particular case, the Department, pursuant to section 751(c)(3)(A) of
the Act, automatically will revoke the order or terminate the suspended
investigation, as applicable. The Notice of Intent procedure is
intended to eliminate needless reviews and promote administrative
efficiency, consistent with the explanation in the House Report (H.R.
Rep. No. 103-826, pt. 1 (1994)) at 56. As set forth in paragraph
(d)(1)(iii), therefore, where no domestic interested party files a
Notice of Intent to Participate in the sunset review, the Department
will issue a final determination revoking the order or terminating the
suspended investigation within 90 days of initiation of the sunset
review.
Paragraph (d)(1)(ii) sets forth the information required to be
provided in a Notice of Intent to Participate in a Sunset Review. It is
the Department's intention to make the Notice of Intent procedure as
simple as possible and, as
[[Page 13518]]
a result, the information required to be provided is minimal.
Waiver of response by a respondent interested party to a Notice of
Initiation. Paragraph (d)(2) deals with the procedure for waiving
participation in a sunset review before the Department, consistent with
section 751(c)(4) of the Act. As the SAA at 881, and the House Report
at 57, explain, allowing respondent interested parties, including
foreign governments, to waive participation in a sunset review before
the Department is intended to reduce the burden on all parties involved
in a sunset review.
Paragraph (d)(2)(i) provides that a Statement of Waiver must be
filed within 30 days of initiation of the sunset review, and,
consistent with section 751(c)(4)(A) of the Act, clarifies that waiving
participation in a sunset review before the Department does not affect
a party's opportunity to participate in the sunset review conducted by
the International Trade Commission.
Paragraph (d)(2)(iii) clarifies that failure to file a complete
substantive response to a Notice of Initiation under paragraph (d)(3)
also will be treated as a waiver of participation. It is the
Department's intention to make the waiver process as simple as possible
and, as reflected in paragraph (d)(2)(ii), the information required to
be provided in a Statement of Waiver is minimal.
Paragraph (d)(2)(iv) indicates the effect of waiver by the foreign
government in a CVD sunset review. Specifically, paragraph (d)(2)(iv)
provides that where the foreign government waives participation in a
CVD sunset review, either by filing a Statement of Waiver or by failing
to file a complete substantive response to a Notice of Initiation, the
Department will conduct an expedited sunset review under section
751(c)(3)(B) of the Act and, consistent with the SAA at 881, and the
House Report at 57, normally will conclude that revocation of the order
or termination of the suspended investigation would be likely to lead
to continuation or recurrence of a countervailable subsidy for all
respondent interested parties.
Substantive response to a Notice of Initiation. Section 751(c)(2)
of the Act requires the Department to initiate sunset reviews
automatically every five years. As part of the initiation, section
751(c)(2) of the Act authorizes the Department to request that
interested parties submit certain information needed to conduct the
review. Paragraph (d)(3) indicates the information that interested
parties are required to submit in response to the Notice of Initiation
of a sunset review, as well as optional information that may be
submitted in response to the Notice of Initiation.
Paragraph (d)(3)(i) provides that a complete substantive response
to a Notice of Initiation must be submitted to the Department within 30
days of initiation of the sunset review.
Paragraph (d)(3)(ii), consistent with section 751(c)(2) of the Act,
indicates the information required to be filed by all interested
parties in a sunset review, including a statement expressing the
interested party's willingness to participate in the review by
providing information requested by the Department, a statement
regarding the likely effects of revocation of the order or termination
of the suspended investigation, and, if applicable, a summary of the
Department's findings regarding duty absorption.
Paragraph (d)(3)(iii) indicates the additional information required
to be filed by respondent interested parties in a sunset review,
including historical margin or rate information and export volume and
value data. In particular, respondent interested parties are required
to report their percentage of the total exports of subject merchandise
to the United States; this information will be central to the
Department's determination as to whether respondent interested parties
provided adequate response to a notice of initiation under section
751(c)(3)(B) of the Act.
Paragraph (d)(3)(iv) indicates that parties also may submit
information to show good cause for the Department to consider other
factors under sections 752(b)(2) (CVD) or 752(c)(2) (AD) of the Act.
Paragraph (d)(3)(iv) clarifies, however, that, if an interested party
wants the Department to consider these other factors during the course
of the sunset review, the party must submit evidence of good cause in
its substantive response.
Substantive response from a foreign government in a CVD sunset
review. Paragraph (d)(3)(v) indicates the information required to be
filed by the foreign government in a CVD sunset review. This
information is a subset of the information required to be filed by
other respondent interested parties. However, where the sunset review
involves a CVD order where the investigation was conducted on an
aggregate basis, paragraph (d)(3)(v)(B) provides for additional
information required to be filed by the foreign government. This
additional information essentially is identical to the additional
required information that normally would be filed by respondent
companies. This is because, in an aggregate CVD proceeding, the foreign
government normally is the only respondent.
Substantive responses from industrial users and consumers.
Paragraph (d)(3)(vi) indicates the information required to be filed by
industrial users and representative consumer organizations that intend
to participate in a sunset review.
Rebuttal to substantive response to a Notice of Initiation.
Paragraph (d)(4) allows parties that filed a substantive response to a
Notice of Initiation to file rebuttals to other parties' substantive
responses within five days. Paragraph (d)(4) also explicitly provides
that the Department normally will not accept or consider any additional
information from a party after the time for filing rebuttals has
expired unless the Secretary requests additional information from
parties after determining to proceed to a full sunset review.
Conduct of sunset review. Paragraph (e) is new and deals with the
conduct of sunset reviews, including the determination of whether
interested party responses are adequate.
Adequacy of response to a Notice of Initiation. The SAA at 880,
provides that the determination of adequacy is committed to the
Department's (and, separately, the International Trade Commission's)
discretion. Paragraph (e)(1), therefore, sets forth the guidelines by
which the Department will determine whether interested parties'
substantive responses to a Notice of Initiation are adequate. Responses
will be evaluated for adequacy on an individual basis, i.e., whether a
party has timely submitted a complete substantive response to a Notice
of Initiation. A complete substantive response is one which contains
all of the information required under paragraph (d)(3). The Department
may consider a substantive response that does not contain all of the
information required under paragraph (d)(3) to be complete where a
party is unable to report certain required information and provides a
reasonable explanation as to why it is unable to provide such
information. In addition, responses will be evaluated for adequacy on
an aggregate basis. In assessing the adequacy of responses in the
aggregate, the Department will consider only those responses that
individually are considered adequate. The Department will determine
separately the adequacy of responses of domestic interested parties and
respondent interested parties. Consistent with the Senate Report at 46,
the Department will make its determination of adequacy on a case-by-
case basis.
[[Page 13519]]
Adequacy of response from domestic interested parties. Paragraph
(e)(1)(i)(A) provides that the Department normally will conclude that
domestic interested parties have provided adequate response where at
least one domestic interested party files a complete substantive
response. Paragraph (e)(1)(i)(B) provides that the Department may
consider whether a domestic interested party is related to a foreign
producer or exporter, or is an importer or related to an importer of
the subject merchandise, in determining adequacy of response from
domestic interested parties.
Paragraph (e)(1)(i)(C) clarifies that, where the Department
disregards a response from a domestic interested party, either because
the response is not complete or because of the domestic interested
party's relationship with a foreign producer, foreign exporter, or
importer, and where no other domestic interested party has responded to
the Notice of Initiation, the Department will find no domestic
interested party response under section 751(c)(3)(A) of the Act and
issue final results revoking the order or terminating the suspended
investigation within 90 days after initiation of the sunset review.
Adequacy of response from respondent interested parties. Paragraph
(e)(1)(ii)(A) provides that the Department normally will conclude that
respondent interested parties have provided adequate response where
respondent interested party responses account for more than 50 percent,
by volume, of the total exports of subject merchandise to the United
States. Paragraph (e)(1)(ii)(C) provides that where respondent
interested parties provide inadequate response, the Department will
conduct an expedited sunset review under section 751(c)(3)(B) of the
Act and issue final results of review based on the facts available. In
addition, the Department will notify the International Trade Commission
of its adequacy determination within 50 days of initiation of the
sunset review.
Adequacy of response from a foreign government in a CVD sunset
review. Consistent with the SAA at 880, and the Senate Report at 46,
paragraph (e)(1)(ii)(B) provides that if the foreign government does
not file a complete substantive response to a Notice of Initiation in a
CVD sunset review, the Department will find inadequate response from
all respondent interested parties under section 751(c)(3)(B) of the Act
and will conduct an expedited sunset review.
Full sunset review upon adequate response from domestic and
respondent interested parties. Paragraph (e)(2)(i) provides that where
the Department receives adequate responses from both domestic and
respondent interested parties, it normally will conduct a full sunset
review. Consistent with the SAA at 891, and the House Report at 64,
paragraph (e)(2)(i) also provides that only under the most
extraordinary circumstances will the Department rely on a
countervailing duty rate or dumping margin other than those it
calculated and published in its prior determinations. As a result,
paragraph (e)(2)(i) provides that the Department will not calculate a
net countervailable subsidy or dumping margin for a new shipper in the
context of a sunset review. Paragraph (e)(2)(ii) clarifies that the
Department will consider other factors, if at all, normally only in the
context of a full sunset review.
Time limits. Paragraph (f) is new and deals with time limits for
verification, issuance of preliminary and final results of full sunset
review, and issuance of the Department's determination to continue,
revoke, or terminate an order or suspended investigation, as
applicable, after the publication of the International Trade
Commission's final determination concluding a sunset review.
Paragraph (f)(1) provides that the Department normally will issue
its preliminary results of full sunset review not later than 110 days
after initiation of the sunset review.
Paragraph (f)(2)(i) clarifies that the Department normally will
conduct verification, if at all, only in a full sunset review. In
addition, paragraph (f)(2)(i) provides that the Department will conduct
verification normally only if, in its preliminary results, the
Department determines that revocation of the order or termination of
the suspended investigation is not likely to lead to continuation or
recurrence of a countervailable subsidy or dumping (see section 752(b)
and section 752(c) of the Act), and the Department's determination is
not based on countervailing duty rates or dumping margins from the
original investigation or subsequent reviews. There may be other
situations in which the Department would not need to conduct
verification. Paragraph (f)(2)(ii) indicates that the Department
normally will conduct verification, if at all, approximately 120 days
after initiation of the sunset review, i.e., normally after the
Department issues its preliminary results of review. Because the
Department cannot anticipate the extent of its workload during the
conduct of sunset reviews, particularly during the 18-month period in
which the Department must begin conducting sunset reviews of
approximately 325 transition orders, the Department may need to
schedule verification either before or after the 120-day time frame.
Paragraph (f)(2)(ii) allows for this type of flexibility in scheduling.
Paragraph (f)(3) provides that the Department normally will issue
its final results of full sunset review not later than 240 days after
initiation of the sunset review and may extend the period for issuing
final results in an extraordinarily complicated sunset review by up to
90 days.
Paragraph (f)(4) provides that the Department normally will issue
its determination to continue, revoke, or terminate an order or
suspended investigation, as applicable, within seven days after the
date of publication of the International Trade Commission's final
determination concluding the sunset review, and subsequently publish
notice of the Department's determination in the Federal Register.
Section 351.221
Section 351.221 deals with review procedures. We amended paragraph
(c)(5)(i) to take into account changes in these regulations. Paragraph
(c)(5)(i) provides, therefore, that the notice of initiation of a
sunset review will contain a request for the information described in
Sec. 351.218(d).
Section 351.222
Section 351.222 deals with the revocation of orders and the
termination of suspended investigations. We removed paragraph (i) and
added new paragraph (i). These revisions are intended to clarify the
circumstances under which the Department will revoke an order or
terminate a suspended investigation and the effective date of
revocation.
Circumstances under which the Secretary will revoke an order or
terminate a suspended investigation. Paragraph (i)(1) is new and
clarifies the circumstances under which the Department will revoke an
order or terminate a suspended investigation. Paragraph (i)(1)(i)
provides for revocation or termination within 90 days after initiation
of the sunset review where no domestic interested party files a Notice
of Intent to Participate in the sunset review or where the Department
determines that domestic interested parties provided inadequate
response to the Notice of Initiation. Paragraph (i)(1)(ii) provides for
revocation or termination within 240 days (or 330 days where a full
sunset review is fully extended) after initiation of the sunset review
where the Department determines that revocation or
[[Page 13520]]
termination is not likely to lead to continuation or recurrence of a
countervailable subsidy or dumping, as applicable. Finally, paragraph
(i)(1)(iii) provides for revocation or termination within seven days
after the date of publication of a final determination by the
International Trade Commission that revocation or termination is not
likely to lead to continuation or recurrence of material injury.
Effective date of revocation. Paragraph (i)(2) is new and clarifies
the effective date of revocation. With respect to non-transition
orders, paragraph (i)(2)(i) provides that revocation or termination
will be effective on the fifth anniversary of the date of publication
of the order or suspended investigation, as applicable. With respect to
transition orders, paragraph (i)(2)(ii) provides that revocation or
termination will be effective on January 1, 2000.
Subpart C--Information and Argument
Subpart C deals with collection of information and presentation of
arguments to the Department.
Section 351.308
Section 351.308 deals with determinations on the basis of the facts
available. We added new paragraph (f) to take into account changes in
these regulations.
Use of facts available in a sunset review. Paragraph (f) is new
and, consistent with the SAA at 879, provides that, where the
Department determines to issue final results of review on the basis of
the facts available, it normally will rely on calculated rates or
margins, as applicable, from prior Department determinations and
information contained in parties' substantive responses to the Notice
of Initiation.
Section 351.309
Section 351.309 deals with written argument. We made minor changes
to paragraphs (c)(1)(i) and (c)(1)(iii), and added new paragraph (e) to
take into account changes in these regulations.
Case and rebuttal briefs. Paragraph (c)(1)(i) provides that case
briefs for the final results of full sunset reviews may be filed 50
days after the date of publication of the preliminary results. Only an
interested party (or industrial user or consumer organization) that
filed a complete substantive response to the Notice of Initiation may
submit a case brief. Paragraph (d)(1) (which is unchanged) provides
that rebuttal briefs may be filed five days after the time limit for
filing the case brief.
Comments on adequacy of response and appropriateness of expedited
sunset review. Paragraph (e) is new and provides for filing of comments
on adequacy of response and the appropriateness of conducting an
expedited sunset review. Paragraph (e)(i) provides that, where the
Secretary determines that respondent interested parties provided
inadequate response to a Notice of Initiation and has notified the
International Trade Commission as such, interested parties (and
industrial users and consumer organizations) that submitted complete
substantive responses to the Notice of Initiation may file comments on
whether an expedited sunset review is appropriate based on the adequacy
of response. Paragraph (e)(i) clarifies that the comments may not
include any new factual information or evidence and are limited to five
pages. Paragraph (e)(ii) provides that comments on adequacy and
appropriateness of expedited sunset review may be filed within 70 days
after initiation of the sunset review.
Section 351.310
Section 351.310 deals with matters related to hearings.
Hearings. Although no changes have been made to Sec. 351.310 by
these regulations, we are clarifying that the provisions of
Sec. 351.310 are applicable in a full sunset review.
Section 351.312
Section 351.312 clarifies the regulatory provisions under which
industrial users and consumers are entitled to provide information and
comments.
Opportunity for industrial users and consumer organizations to
submit relevant information and argument. We have made minor changes to
paragraph (b) to take into account changes in these regulations.
Specifically, paragraph (b) has been amended to allow industrial users
and consumers to file substantive responses to a Notice of Initiation
and comments concerning adequacy of response and appropriateness of
expedited review. All such submissions must be filed in accordance with
Sec. 351.303.
Annex VIII-A, -B, and -C
Schedule for sunset review. We have added new Annex VIII-A, -B, and
-C, which provides the schedules for 90-day, expedited, and full sunset
reviews, respectively.
List of Subjects in 19 CFR Part 351
Administrative practice and procedure, Antidumping duties, Business
and industry, Cheese, Confidential business information, Countervailing
duties, Investigations, Reporting and recordkeeping requirements.
Dated: March 13, 1998
Robert S. LaRussa,
Assistant Secretary for Import Administration.
For the reasons stated, 19 CFR part 351 is amended as follows:
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES
Subpart A--Scope and Definitions
1. The authority citation for part 351 continues to read as
follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 1202 note; 19 U.S.C. 1303
note; 19 U.S.C. 1671 et seq.; and 19 U.S.C. 3538.
2. Section 351.102 is amended by adding new definitions to read as
follows:
Sec. 351.102 Definitions.
* * * * *
(b) * * *
Expedited sunset review. ``Expedited sunset review'' means an
expedited sunset review conducted by the Department where respondent
interested parties provide inadequate responses to a notice of
initiation under section 751(c)(3)(B) of the Act and
Sec. 351.218(e)(1)(ii).
* * * * *
Full sunset review. ``Full sunset review'' means a full sunset
review conducted by the Department under section 751(c)(5) of the Act
where both domestic interested parties and respondent interested
parties provide adequate response to a notice of initiation under
section 751(c)(3)(B) of the Act and Secs. 351.218(e)(1)(i) and
351.218(e)(1)(ii).
* * * * *
Subpart B--Antidumping and Countervailing Duty Procedures
3. Section 351.218 is amended by revising paragraph (d) and (e) and
adding paragraph (f) to read as follows:
Sec. 351.218 Sunset reviews under section 751(c) of the Act.
* * * * *
(d) Participation in sunset review--(1) Domestic interested party
notification of intent to participate--(i) Filing of notice of intent
to participate. Where a domestic interested party intends to
participate in a sunset review, the interested party must, not later
than 15 days after the date of publication in the Federal Register of
the notice of initiation, file a notice of intent to participate in a
sunset review with the Secretary.
[[Page 13521]]
(ii) Contents of notice of intent to participate. Every notice of
intent to participate in a sunset review must include a statement
expressing the domestic interested party's intent to participate in the
sunset review and the following information:
(A) The name, address, and phone number of the domestic interested
party (and its members, if applicable) that intends to participate in
the sunset review and the statutory basis (under section 771(9) of the
Act) for interested party status;
(B) A statement indicating whether the domestic producer:
(1) Is related to a foreign producer or to a foreign exporter under
section 771(4)(B) of the Act; or
(2) Is an importer of the subject merchandise or is related to such
an importer under section 771(4)(B) of the Act;
(C) The name, address, and phone number of legal counsel or other
representative, if any;
(D) The subject merchandise and country subject to the sunset
review; and
(E) The citation and date of publication in the Federal Register of
the notice of initiation.
(iii) Failure of domestic interested party to file notice of intent
to participate in the sunset review. (A) A domestic interested party
that does not file a notice of Intent to participate in the sunset
review will be considered not willing to participate in the review and
the Secretary will not accept or consider any unsolicited submissions
from that party during the course of the review.
(B) If no domestic interested party files a notice of intent to
participate in the sunset review, the Secretary will:
(1) Conclude that no domestic interested party has responded to the
notice of initiation under section 751(c)(3)(A) of the Act;
(2) Notify the International Trade Commission in writing as such
normally not later than 20 days after the date of publication in the
Federal Register of the notice of initiation; and
(3) Not later than 90 days after the date of publication in the
Federal Register of the Notice of Initiation, issue a final
determination revoking the order or terminating the suspended
investigation (see Secs. 351.221(c)(5)(ii) and 351.222(i)).
(2) Waiver of response by a respondent interested party to a notice
of initiation--(i) Filing of statement of waiver. A respondent
interested party may waive participation in a sunset review before the
Department under section 751(c)(4) of the Act by filing a statement of
waiver with the Department, not later than 30 days after the date of
publication in the Federal Register of the notice of initiation. If a
respondent interested party waives participation in a sunset review
before the Department, the Secretary will not accept or consider any
unsolicited submissions from that party during the course of the
review. Waiving participation in a sunset review before the Department
will not affect a party's opportunity to participate in the sunset
review conducted by the International Trade Commission.
(ii) Contents of statement of waiver. Every statement of waiver
must include a statement indicating that the respondent interested
party waives participation in the sunset review before the Department
and the following information:
(A) The name, address, and phone number of the respondent
interested party waiving participation in the sunset review before the
Department;
(B) The name, address, and phone number of legal counsel or other
representative, if any;
(C) The subject merchandise and country subject to the sunset
review; and
(D) The citation and date of publication in the Federal Register of
the notice of initiation.
(iii) No response from a respondent interested party. The Secretary
will consider the failure by a respondent interested party to file a
complete substantive response to a notice of initiation under paragraph
(d)(3) of this section as a waiver of participation in a sunset review
before the Department.
(iv) Waiver of participation by a foreign government in a CVD
sunset review. Where a foreign government waives participation in a CVD
sunset review under paragraph (d)(2)(i) or (d)(2)(iii) of this section,
the Secretary will:
(A) Conclude that respondent interested parties have provided
inadequate response to the notice of initiation under section
751(c)(3)(B) of the Act;
(B) Notify the International Trade Commission and conduct an
expedited sunset review and issue final results of review in accordance
with paragraph (e)(1)(ii)(C) of this section; and
(C) Base the final results of review on the facts available in
accordance with Sec. 351.308(f), which normally will include a
determination that revocation of the order or termination of the
suspended investigation, as applicable, would be likely to lead to
continuation or recurrence of a countervailable subsidy for all
respondent interested parties.
(3) Substantive response to a notice of initiation.--(i) e limit
for substantive response to a notice of initiation. A complete
substantive response to a notice of initiation, filed under this
section, must be submitted to the Department not later than 30 days
after the date of publication in the Federal Register of the notice of
initiation.
(ii) Required information to be filed by all interested parties in
substantive response to a notice of initiation. Except as provided in
paragraph (d)(3)(v)(A) of this section, each interested party that
intends to participate in a sunset review must file a submission with
the Department containing the following:
(A) The name, address, and phone number of the interested party
(and its members, if applicable) that intends to participate in the
sunset review and the statutory basis (under section 771(9) of the Act)
for interested party status;
(B) The name, address, and phone number of legal counsel or other
representative, if any;
(C) The subject merchandise and country subject to the sunset
review;
(D) The citation and date of publication in the Federal Register of
the notice of initiation;
(E) A statement expressing the interested party's willingness to
participate in the review by providing information requested by the
Department, which must include a summary of that party's historical
participation in any segment of the proceeding before the Department
related to the subject merchandise;
(F) A statement regarding the likely effects of revocation of the
order or termination of the suspended investigation under review, which
must include any factual information, argument, and reason to support
such statement;
(G) Factual information, argument, and reason concerning the
dumping margin or countervailing duty rate, as applicable, that is
likely to prevail if the Secretary revokes the order or terminates the
suspended investigation, that the Department should select for a
particular interested party(s);
(H) A summary of the Department's findings regarding duty
absorption, if any, including a citation to the Federal Register notice
in which the Department's findings are set forth; and
(I) A description of any relevant scope clarification or ruling,
including a circumvention determination, or changed circumstances
determination issued by the Department during the proceeding with
respect to the subject merchandise.
(iii) Additional required information to be filed by respondent
interested
[[Page 13522]]
parties in substantive response to a notice of initiation. Except as
provided in paragraph (d)(3)(v)(A) of this section, the submission from
each respondent interested party that intends to participate in a
sunset review must also contain the following:
(A) That party's individual weighted average dumping margin or
countervailing duty rate, as applicable, from the investigation and
each subsequent completed administrative review, including the final
margin or rate, as applicable, where such margin or rate was changed as
a result of a final and conclusive court order;
(B) For each of the five calendar years (or fiscal years, if more
appropriate) preceding the year of publication of the notice of
initiation, that party's volume and value (normally on an FOB basis) of
exports of subject merchandise to the United States;
(C) As applicable, for the calendar year (or fiscal year, if more
appropriate) preceding the year of initiation of the dumping
investigation, that party's volume and value (normally on an FOB basis)
of exports of subject merchandise to the United States;
(D) For each of the five calendar years (or fiscal years, if more
appropriate) preceding the year of publication of the notice of
initiation, on a volume basis (or value basis, if more appropriate),
that party's percentage of the total exports of subject merchandise
(defined in section 771(25) of the Act) to the United States; and
(E) For each of the three most recent years, including the year of
publication of the notice of initiation, that party's volume and value
(normally on an FOB basis) of exports of subject merchandise to the
United States during the two fiscal quarters as of the month preceding
the month in which the notice of initiation was published.
(iv) Optional information to be filed by interested parties in
substantive response to a notice of initiation--(A) Showing good cause.
An interested party may submit information or evidence to show good
cause for the Secretary to consider other factors under section
752(b)(2) (CVD) or section 752(c)(2) (AD) of the Act and paragraph
(e)(2)(ii) of this section. Such information or evidence must be
submitted in the party's substantive response to the notice of
initiation under paragraph (d)(3) of this section.
(B) Other information. A substantive response from an interested
party under paragraph (d)(3) of this section also may contain any other
relevant information or argument that the party would like the
Secretary to consider.
(v) Required information to be filed by a foreign government in
substantive response to the notice of initiation in a CVD sunset
review--(A) In general. The foreign government of a country subject to
a CVD sunset review (see section 771(9)(B) of the Act) that intends to
participate in a CVD sunset review must file a submission with the
Department under paragraph (d)(3)(i) of this section containing the
information required under paragraphs (d)(3)(ii) (A) through (E) of
this section.
(B) Additional required information to be filed by a foreign
government in a CVD sunset review involving an order where the
investigation was conducted on an aggregate basis. The submission from
the foreign government of a country subject to a CVD sunset review,
involving an order where the investigation was conducted on an
aggregate basis, must also contain:
(1) The information required under paragraphs (d)(3)(ii)(F),
(d)(3)(ii)(G), and (d)(3)(ii)(I) of this section;
(2) The countervailing duty rate from the investigation and each
subsequent completed administrative review, including the final rate
where such rate was changed as a result of a final and conclusive court
order; and
(3) For each of the five calendar years (or fiscal years, if more
appropriate) preceding the year of publication of the notice of
initiation, the volume and value (normally on an FOB basis) of exports
of subject merchandise to the United States.
(vi) Substantive responses from industrial users and consumers. An
industrial user of the subject merchandise or a representative consumer
organization, as described in section 777(h) of the Act, that intends
to participate in a sunset review must file a submission with the
Department under paragraph (d)(3)(i) of this section containing the
information required under paragraphs (d)(3)(ii) (A) through (D) of
this section and may submit other relevant information under paragraphs
(d)(3)(ii) and (d)(3)(iv) of this section.
(4) Rebuttal to substantive response to a notice of initiation. Any
interested party that files a substantive response to a notice of
initiation under paragraph (d)(3) of this section may file a rebuttal
to any other party's substantive response to a notice of initiation not
later than five days after the date the substantive response is filed
with the Department. Except as provided in Sec. 351.309(e), the
Secretary normally will not accept or consider any additional
information from a party after the time for filing rebuttals has
expired, unless the Secretary requests additional information from
parties after determining to proceed to a full sunset review under
paragraph (e)(2) of this section.
(e) Conduct of sunset review.--(1) Adequacy of response to a notice
of initiation. (i) Adequacy of response from domestic interested
parties.--(A) In general. The Secretary will make its determination of
adequacy of response on a case-by-case basis; however, the Secretary
normally will conclude that domestic interested parties have provided
adequate response to a notice of initiation where it receives a
complete substantive response under paragraph (d)(3) of this section
from at least one domestic interested party.
(B) Disregarding response from a domestic interested party. In
making its determination concerning the adequacy of response from
domestic interested parties under paragraph (e)(1)(i)(A) of this
section, the Secretary may disregard a response from a domestic
producer:
(1) Related to a foreign producer or to a foreign exporter under
section 771(4)(B) of the Act; or
(2) That is an importer of the subject merchandise or is related to
such an importer under section 771(4)(B) of the Act (see paragraph
(d)(1)(ii)(B) of this section).
(C) Inadequate response from domestic interested parts. Where the
Secretary determines to disregard a response from a domestic interested
party(s) under paragraph (e)(1)(i)(A) or (e)(1)(i)(B) of this section
and no other domestic interested party has filed a complete substantive
response to the notice of initiation under paragraph (d)(3) of this
section, the Secretary will:
(1) Conclude that no domestic interested party has responded to the
notice of initiation under section 751(c)(3)(A) of the Act;
(2) Notify the International Trade Commission in writing as such
normally not later than 40 days after the date of publication in the
Federal Register of the Notice of Initiation; and
(3) Not later than 90 days after the date of publication in the
Federal Register of the Notice of Initiation, issue a final
determination revoking the order or terminating the suspended
investigation (see Secs. 351.221(c)(5)(ii) and 351.222(i)).
(ii) Adequacy of response from respondent interested parties. (A)
In general. The Secretary will makes its determination of adequacy of
response on a case-by-case basis; however, the Secretary normally will
conclude that respondent interested parties have provided adequate
response to a notice of initiation where it receives complete
substantive responses under paragraph (d)(3) of this section from
respondent
[[Page 13523]]
interested parties accounting on average for more than 50 percent, on a
volume basis (or value basis, if appropriate), of the total exports of
subject merchandise to the United States over the five calendar years
preceding the year of publication of the notice of initiation.
(B) Failure of a foreign government to file a substantive response
to a notice of initiation in a CVD sunset review. If a foreign
government fails to file a complete substantive response to a notice of
initiation in a CVD sunset review under paragraph (d)(3)(v) of this
section or waives participation in a CVD sunset review under paragraph
(d)(2)(i) or (d)(2)(iii) of this section, the Secretary will:
(1) Conclude that respondent interested parties have provided
inadequate response to the Notice of Initiation under section
751(c)(3)(B) of the Act;
(2) Notify the International Trade Commission and conduct an
expedited sunset review and issue final results of review in accordance
with paragraph (e)(1)(ii)(C) of this section; and
(3) Base the final results of review on the facts available in
accordance with Sec. 351.308(f), which normally will include a
determination that revocation of the order or termination of the
suspended investigation, as applicable, would be likely to lead to
continuation or recurrence of a countervailable subsidy for all
respondent interested parties.
(C) Inadequate response from respondent interested parties. If the
Secretary determines that respondent interested parties provided
inadequate response to a notice of initiation under paragraph
(d)(2)(iv), (e)(1)(ii)(A), or (e)(1)(ii)(B) of this section, the
Secretary:
(1) Will notify the International Trade Commission in writing as
such normally not later than 50 days after the date of publication in
the Federal Register of the Notice of Initiation; and
(2) Normally will conduct an expedited sunset review and, not later
than 120 days after the date of publication in the Federal Register of
the notice of initiation, issue, without further investigation, final
results of review based on the facts available in accordance with
Sec. 351.308(f) (see section 751(c)(3)(B) of the Act and
Sec. 351.221(c)(5)(ii)).
(2) Full sunset review upon adequate response from domestic and
respondent interested parties.--(i) In general. Normally, only where
the Department receives adequate response to the notice of initiation
from domestic interested parties under paragraph (e)(1)(i)(A) of this
section and from respondent interested parties under paragraph
(e)(1)(ii)(A) of this section, will the Department conduct a full
sunset review. Even where the Department conducts a full sunset review,
only under the most extraordinary circumstances will the Secretary rely
on a countervailing duty rate or a dumping margin other than those it
calculated and published in its prior determinations, and in no case
will the Secretary calculate a net countervailable subsidy or a dumping
margin for a new shipper in the context of a sunset review.
(iii) Consideration of other factors under section 752(b)(2) (CVD)
or section 752(c)(2) (AD) of the Act. The Secretary will consider other
factors under section 752(b)(2) (CVD) or section 752(c)(2) (AD) of the
Act if the Secretary determines that good cause to consider such other
factors exists. The Secretary normally will consider such other factors
only where it conducts a full sunset review under paragraph (e)(2)(i)
of this section.
(f) Time limits.--(1) Preliminary results of full sunset review.
The Department normally will issue its preliminary results in a full
sunset review not later than 110 days after the date of publication in
the Federal Register of the notice of initiation.
(2) Verification.--(i) In general. The Department will verify
factual information relied upon in making its final determination
normally only in a full sunset review (see section 782(i)(2) of the Act
and Sec. 351.307(b)(1)(iii)) and only where needed. The Department will
conduct verification normally only if, in its preliminary results, the
Department determines that revocation of the order or termination of
the suspended investigation, as applicable, is not likely to lead to
continuation or recurrence of a countervailable subsidy or dumping (see
section 752(b) and section 752(c) of the Act), as applicable, and the
Department's preliminary results are not based on countervailing duty
rates or dumping margins, as applicable, determined in the
investigation or subsequent reviews.
(ii) Timing of verification. The Department normally will conduct
verification, under paragraph (f)(2)(i) of this section and
Sec. 351.307, approximately 120 days after the date of publication in
the Federal Register of the notice of initiation.
(3) Final results of full sunset review and notification to the
International Trade Commission.--(i) Timing of final results of review
and notification to the International Trade Commission. The Department
normally will issue its final results in a full sunset review and
notify the International Trade Commission of its results of review not
later than 240 days after the date of publication in the Federal
Register of the notice of initiation (see section 751(c)(5)(A) of the
Act).
(ii) Extension of time limit. If the Secretary determines that a
full sunset review is extraordinarily complicated under section
751(c)(5)(C) of the Act, the Secretary may extend the period for
issuing final results by not more than 90 days (see section
751(c)(5)(B) of the Act).
(4) Notice of continuation of an order or suspended investigation;
notice of revocation of an order or termination of a suspended
investigation. Except as provided in paragraph (d)(1)(iii)(B)(3) of
this section and Sec. 351.222(i)(1)(i), the Department normally will
issue its determination to continue an order or suspended
investigation, or to revoke an order or terminate a suspended
investigation, as applicable, not later than seven days after the date
of publication in the Federal Register of the International Trade
Commission's determination concluding the sunset review. The Department
immediately thereafter will publish notice of its determination in the
Federal Register.
4. Section 351.221(c)(5)(i) is revised to read as follows:
Sec. 351.221 Review procedures.
* * * * *
(c) * * *
(5) * * *
(i) The notice of initiation of a sunset review will contain a
request for the information described in Sec. 351.218(d); and
* * * * *
5. Section 351.222 is amended by revising paragraph (i) to read as
follows:
Sec. 351.222 Revocation of orders; termination of suspended
investigations.
* * * * *
(i) Revocation or termination based on sunset review.--(1)
Circumstances under which the Secretary will revoke an order or
terminate a suspended investigation. In the case of a sunset review
under Sec. 351.218, the Secretary will revoke an order or terminate a
suspended investigation:
(i) Under section 751(c)(3)(A) of the Act, where no domestic
interested party files a Notice of Intent to Participate in the sunset
review under Sec. 351.218(d)(1), or where the Secretary determines
under Sec. 351.218(e)(1)(i)(C) that domestic interested parties have
provided inadequate response to the Notice of Initiation, not later
than 90 days after the date of publication in the Federal Register of
the notice of initiation;
[[Page 13524]]
(ii) Under section 751(d)(2) of the Act, where the Secretary
determines that revocation or termination is not likely to lead to
continuation or recurrence of a countervailable subsidy or dumping (see
section 752(b) and section 752(c) of the Act), as applicable, not later
than 240 days (or 330 days where a full sunset review is fully
extended) after the date of publication in the Federal Register of the
notice of initiation; or
(iii) Under section 751(d)(2) of the Act, where the International
Trade Commission makes a determination, under section 752(a) of the
Act, that revocation or termination is not likely to lead to
continuation or recurrence of material injury, not later than seven
days after the date of publication in the Federal Register of the
International Trade Commission's determination concluding the sunset
review.
(2) Effective date of revocation.--(i) In general. Except as
provided in paragraph (i)(2)(ii) of this section, where the Secretary
revokes an order or terminates a suspended investigation, pursuant to
section 751(c)(3)(A) or section 751(d)(2) of the Act (see paragraph
(i)(1) of this section), the revocation or termination will be
effective on the fifth anniversary of the date of publication in the
Federal Register of the order or suspended investigation, as
applicable. This paragraph also applies to subsequent sunset reviews of
transition orders (see paragraph (i)(2)(ii) of this section and section
751(c)(6)(A)(iii) of the Act).
(ii) Transition orders. Where the Secretary revokes a transition
order (defined in section 751(c)(6)(C) of the Act) pursuant to section
751(c)(3)(A) or section 751(d)(2) of the Act (see paragraph (i)(1) of
this section), the revocation or termination will be effective on
January 1, 2000. This paragraph does not apply to subsequent sunset
reviews of transition orders (see section 751(c)(6)(A)(iii) of the
Act).
Subpart C--Information and Argument
6. Section 351.308 is amended by adding new paragraph (f) to read
as follows:
Sec. 351.308 Determinations on the basis of the facts available.
* * * * *
(f) Use of facts available in a sunset review. Where the Secretary
determines to issue final results of sunset review on the basis of
facts available, the Secretary normally will rely on:
(1) Calculated countervailing duty rates or dumping margins, as
applicable, from prior Department determinations; and
(2) Information contained in parties' substantive responses to the
Notice of Initiation filed under Sec. 351.218(d)(3), consistent with
section 752(b) or 752(c) of the Act, as applicable.
7. Section 351.309 is amended by revising paragraph (c)(1)(i), by
revising paragraph (c)(1)(iii), and by adding new paragraph (e), to
read as follows:
Sec. 351.309 Written argument.
* * * * *
(c) * * *
(1) * * *
(i) For a final determination in a countervailing duty
investigation or antidumping investigation, or for the final results of
a full sunset review, 50 days after the date of publication of the
preliminary determination or results of review, as applicable, unless
the Secretary alters the time limit;
* * * * *
(iii) For the final results of an expedited antidumping review,
Article 8 violation review, Article 4/Article 7 review, or section 753
review, a date specified by the Secretary.
* * * * *
(e) Comments on adequacy of response and appropriateness of
expedited sunset review. (i) In general. Where the Secretary determines
that respondent interested parties provided inadequate response to a
Notice of Initiation (see Sec. 351.218(e)(1)(ii)) and has notified the
International Trade Commission as such under Sec. 351.218(e)(1)(ii)(C),
interested parties (and industrial users and consumer organizations)
that submitted a complete substantive response to the Notice of
Initiation under Sec. 351.218(d)(3) may file comments on whether an
expedited sunset review under section 751(c)(3)(B) of the Act and
Sec. 351.218(e)(1)(ii)(B) or 351.218(e)(1)(ii)(C) is appropriate based
on the adequacy of response to the notice of initiation. These comments
may not include any new factual information or evidence (such as
supplementation of a substantive response to the notice of initiation)
and are limited to five pages.
(ii) Time limit for filing comments. Comments on adequacy of
response and appropriateness of expedited sunset review must be filed
not later than 70 days after the date of publication in the Federal
Register of the notice of initiation.
8. Section 351.312 is amended by revising paragraph (b) to read as
follows:
Sec. 351.312 Industrial users and consumer organizations.
* * * * *
(b) Opportunity to submit relevant information and argument. In an
antidumping or countervailing duty proceeding under title VII of the
Act and this part, an industrial user of the subject merchandise or a
representative consumer organization, as described in section 777(h) of
the Act, may submit relevant factual information and written argument
to the Department under paragraphs, (d)(3)(ii), (d)(3)(vi), and (d)(4)
of Sec. 351.218, paragraphs (b), (c)(1), and (c)(3) of Sec. 351.301,
and paragraphs (c), (d), and (e) of Sec. 351.309 concerning dumping or
a countervailable subsidy. All such submissions must be filed in
accordance with Sec. 351.303.
* * * * *
9. New Annex VIII-A, -B, and -C is added after Annexes I-VII to
read as follows:
Annex VIII-A--Schedule for 90-Day Sunset Reviews
------------------------------------------------------------------------
Day 1 Event Regulation
------------------------------------------------------------------------
0......................... Initiation........... Sec. 351.218(c).
15........................ Filing of Notice of Sec. 351.218(d)(1)(i
Intent to ) (not later than 15
Participate by days after the date
domestic interested of publication of
parties. the Notice of
Initiation).
20........................ Notification to the Sec. 351.218(d)(1)(i
ITC that no domestic ii)(B)(2) (normally
interested party has not later than 20
responded to the days after the date
Notice of Initiation. of publication of
the Notice of
Initiation).
30........................ Filing of substantive Secs. 351.218(d)(3)(
response to the i) and
Notice of Initiation 351.218(d)(3)(vi)
by all interested (not later than 30
parties and days after the date
industrial users and of publication of
consumers. the Notice of
Initiation).
35........................ Filing of rebuttal to Sec. 351.218(d)(4)
substantive response (not later than 5
to the Notice of days after the
Initiation. substantive response
is filed with the
Department).
[[Page 13525]]
40........................ Notification to the Sec. 351.218(e)(1)(i
ITC that no domestic )(C)(2) (normally
interested party has not later than 40
responded to the days after the date
Notice of Initiation of publication of
(based on inadequate the Notice of
response from Initiation).
domestic interested
parties).
90........................ Final determination Secs. 351.218(d)(1)(
revoking an order or iii)(B)(3) and
terminating a 351.222(i)(1)(i)
suspended (not later than 90
investigation where days after the date
no domestic of publication of
interested party the Notice of
responds to the Initiation).
Notice of Initiation.
------------------------------------------------------------------------
1 Indicates the number of days from the date of publication in the
Federal Register of the Notice of Initiation.
Annex VIII-B--Schedule for Expedited Sunset Reviews
------------------------------------------------------------------------
Day 1 Event Regulation
------------------------------------------------------------------------
0......................... Initiation........... Sec. 351.218(c).
15........................ Filing of Notice of Sec. 351.218(d)(1)(i
Intent to ) (not later than 15
Participate by days after the date
domestic interested of publication of
parties. the Notice of
Initiation).
30........................ Filing of Statement Sec. 351.218(d)(2)(i
of Waiver by ) (not later than 30
respondent days after the date
interested parties. of publication of
the Notice of
Initiation).
30........................ Filing of substantive Secs. 351.218(d)(3)(
response to the i) and
Notice of Initiation 351.218(d)(3)(vi)
by all interested (not later than 30
parties and days after the date
industrial users and of publication of
consumers. the Notice of
Initiation).
35........................ Filing of rebuttal to Sec. 351.218(d)(4)
substantive response (not later than 5
to the Notice of days after the
Initiation. substantive response
is filed with the
Department).
50........................ Notification to the Sec. 351.218(e)(1)(i
ITC that respondent i)(C)(1) (normally
interested parties not later than 50
provided inadequate days after the date
response to the of publication of
Notice of Initiation. the Notice of
Initiation).
70........................ Comments on adequacy Sec. 351.309(e)(ii)
of response and (not later than 70
appropriateness of days after the date
expedited sunset of publication of
review. the Notice of
Initiation).
120....................... Final results of Secs. 351.218(e)(1)(
expedited sunset ii)(B) and
review where 351.218(e)(1)(ii)(C)
respondent (2) (not later than
interested parties 120 days after the
provide inadequate date of publication
response to the of the Notice of
Notice of Initiation. Initiation).
------------------------------------------------------------------------
1 Indicates the number of days from the date of publication in the
Federal Register of the Notice of Initiation.
Annex VIII-C--Schedule for Full Sunset Reviews
------------------------------------------------------------------------
Day 1 Event Regulation
------------------------------------------------------------------------
0......................... Initiation........... Sec. 351.218(c).
15........................ Filing of Notice of Sec. 351.218(d)(1)(i
Intent to ) (not later than 15
Participate by days after the date
domestic interested of publication of
parties. the Notice of
Initiation).
30........................ Filing of Statement Sec. 351.218(d)(2)(i
of Waiver by ) (not later than 30
respondent days after the date
interested parties. of publication of
the Notice of
Initiation).
30........................ Filing of substantive Secs. 351.218(d)(3)(
response to the i) and
Notice of Initiation 351.218(d)(3)(vi)
by all interested (not later than 30
parties and days after the date
industrial users and of publication of
consumers. the Notice of
Initiation).
35........................ Filing of rebuttal to Sec. 351.218(d)(4)
substantive response (not later than 5
to the Notice of days after the
Initiation. substantive response
is filed with the
Department).
110....................... Preliminary results Sec. 351.218(f)(1)
of full sunset (normally not later
review. than 110 days after
the date of
publication of the
Notice of
Initiation).
120....................... Verification in a Sec. 351.218(f)(2)(i
full sunset review, i) (approximately
where needed. 120 days after the
date of publication
of the Notice of
Initiation).
160....................... Filing of case brief Sec. 351.309(c)(1)(i
in full sunset ) (50 days after the
review. date of publication
of the preliminary
results of full
sunset review).
165....................... Filing of rebuttal Sec. 351.309(d)(1)
brief in full sunset (5 days after the
review. time limit for
filing a case
brief).
167....................... Hearing in full Sec. 351.310(d)(i)
sunset review if (2 days after the
requested. time limit for
filing a rebuttal
brief).
240....................... Final results of full Sec. 351.218(f)(3)(i
sunset review. ) (not later than
240 days after the
date of publication
of the Notice of
Initiation).
330....................... Final results of full Sec. 351.218(f)(3)(i
sunset review if i) (if full sunset
fully extended. review is
extraordinarily
complicated, period
for issuing final
results may be
extended by not more
than 90 days).
------------------------------------------------------------------------
1 Indicates the number of days from the date of publication in the
Federal Register of the Notice of Initiation.
[[Page 13526]]
[FR Doc. 98-7165 Filed 3-19-98; 8:45 am]
BILLING CODE 3510-DS-P
