[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Rules and Regulations]
[Pages 25130-25140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11582]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Parts 353 and 355
[Docket No. 950306068-5068-01]
RIN 0625-AA45
Antidumping and Countervailing Duties
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Interim regulations; request for comments.
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SUMMARY: The International Trade Administration (ITA) 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 interim rules amend and supplement the existing antidumping and
countervailing duty regulations in accordance with certain amendments
to the antidumping and countervailing duty laws made by the URAA.
DATES: Interim regulations effective May 11, 1995. See Supplementary
Information section for discussion on comments.
ADDRESSES: Address written comments to Susan G. Esserman, Assistant
Secretary for Import Administration, Central Records Unit, Room B-099,
U.S. Department of Commerce, Pennsylvania Avenue and 14th Street, NW.,
Washington, DC 20230. Comments should be addressed: Attention: Interim
Regulations/Uruguay Round Agreements Act.
FOR FURTHER INFORMATION CONTACT:
William D. Hunter, (202) 482-4412, or Penelope Naas, (202) 482-3435.
SUPPLEMENTARY INFORMATION: On December 8, 1994, the URAA was enacted
(Pub. L. 103-465). This legislation, which implements the results of
the Uruguay Round multilateral trade negotiations, makes significant
amendments to the antidumping and countervailing duty provisions of
Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) (``the
Act'') and other related statutes. The interim rules described below
amend and supplement the ITA's regulations concerning antidumping and
countervailing duties in accordance with certain provisions of the new
legislation.
These interim regulations are effective on the date of publication,
and apply to investigations and reviews initiated pursuant to petitions
filed or requests made after January 1, 1995, the date on which the
World Trade Organization Agreement entered into force with respect to
the United States. See section 291 of the URAA. These rules will remain
in effect until the ITA adopts final rules promulgated pursuant to the
notice-and-comment procedures of the Administrative Procedure Act. In
this regard, the ITA has published an Advance Notice of Proposed
Rulemaking seeking public comments and suggestions regarding amendments
to the antidumping and countervailing duty regulations.
Written comments on these interim-final regulations may be
submitted in combined form with comments which the Department expects
to request pursuant to a notice of proposed rulemaking. Accordingly,
the due date for comments on these interim-final regulations and
comments on the Department's proposed rulemaking will be stated in the
forthcoming notice of proposed rulemaking.
Parties should submit comments on the interim regulations in the
same format as that requested for comments pursuant to the Advance
Notice of Proposed Rulemaking (60 FR 80), which is as follows: (1)
Number each comment in accordance with the number designated for that
issue as indicated in the list of issues set forth in the Advance
Notice of Proposed Rulemaking; (2) begin each comment on a separate
page; (3) concisely state the issue identified and discussed in the
comment; and (4) provide a brief summary of the comment (a maximum of 3
sentences) and label this section ``summary of the comment.''
Each person submitting a comment should include his or her name and
address, and give reasons for any recommendation.
To simplify the processing and distribution of these comments,
parties are encouraged to submit documents in electronic form
accompanied by an original and two paper copies. All documents filed in
electronic form should be on DOS formatted 3.5'' diskettes, and should
be prepared in either WordPerfect format or a format that the
WordPerfect program can convert and import into WordPerfect. Each
comment submitted should be on a separate file on the diskette and
labeled by the number designated for that issue based upon the list of
issues outlined in the Department's Advance Notice of Proposed
Rulemaking (60 FR 80; January 3, 1995). Comments received on diskette
will be made available to the public on Internet under the following
addresses:
FTP://FWUX.FEDWORLD.GOV/PUB/IMPORT or
FTP://FTP.FEDWORLD.GOV/PUB/IMPORT/IMPORT.HTM
In addition, ITA will make comments available to the public on 3.5''
diskettes, with specific instructions for accessing compressed data, at
cost, and paper copies available for reading and photocopying in Room
B-099 of the Central Records Unit. Any questions concerning file
formatting, document conversion, access on Internet, or other file
requirements should be addressed to Andrew Lee Beller, Director of
Central Records, (202) 482-1248.
Explanation of the Interim Rules
General Background
These interim regulations are limited to certain new or revised
procedures and obligations mandated by the URAA. The interim rules
amend or supplement the existing regulations only to the extent
necessary to implement certain new or revised procedures that will have
an immediate impact on the orderly administration of the antidumping
and countervailing duty laws. The ITA has concluded that the
administration of these laws will be made more efficient by issuing
these interim procedural regulations now.
The ITA is in the midst of a rulemaking procedure designed to
conform its existing regulations in their entirety to the URAA.
Following the completion of that exercise, including consideration of
comments by the public, the ITA will issue final revised rules. Pending
the issuance of final rules, the existing regulations, as supplemented
by these interim rules, will form the basis for the ITA's
administration of the antidumping and countervailing duty laws. In the
event of a conflict between the existing regulations and the statute,
the statute will control.
Explanation of Particular Provisions
Part 353
Part 353 contains the ITA's antidumping regulations. The citation
for Part 353 is amended to include a reference to the URAA.
Section 353.1
Section 353.1 (Scope) is revised to consist of two paragraphs.
Paragraph (a) continues to provide that 19 CFR Part 353 sets forth
rules and procedures [[Page 25131]] applicable to antidumping
proceedings under Title VII of the Tariff Act (``the Act''). While the
ITA will rely on these rules and procedures in conducting antidumping
investigations and reviews, paragraph (a) also clarifies that in the
event of a conflict between the regulations and the Act, the Act
controls.
Paragraph (b) identifies those sections of Part 353 that have been
revised or added to reflect certain amendments made by the URAA. The
ITA concludes that these limited regulations are necessary for orderly
administration of the law pending completion of the rulemaking
proceeding. In addition, in accordance with section 291 of the URAA,
paragraph (b) provides that these revisions and additions apply only to
antidumping investigations and reviews that have been self-initiated by
the Secretary after, or initiated pursuant to petitions or requests
filed after, January 1, 1995.
Section 353.12(b)(2)
Section 353.12(b)(2), which deals with the contents of antidumping
petitions, is revised to reflect the new requirement of amended section
732(c) of the Act that, prior to initiating an investigation pursuant
to a petition, the Secretary must determine that the petition has the
requisite support of the domestic industry. To facilitate the
Secretary's analysis of industry support, revised section 353.12(b)(2)
requires a petitioner to provide information relevant to this issue.
Section 353.13(a)
Section 353.13(a), which deals with determinations regarding the
sufficiency of antidumping petitions, is revised to reflect the new
requirement of amended section 732(c) of the Act that, prior to
initiating an investigation pursuant to a petition, the Secretary must
determine that the petition has the requisite support of the domestic
industry. In addition, section 353.13(a) is revised to reflect the fact
that, in exceptional circumstances, the Secretary may extend the
deadline for determining the sufficiency of a petition where the
Secretary is required to poll or otherwise determine support for the
petition by the domestic industry and where additional time is
necessary to meet that requirement. The additional time will not be
extended automatically to the forty days permissible, but only to the
time necessary.
Section 353.15(a)(1)
Section 353.15(a)(1), which deals with the deadline for preliminary
determinations in antidumping investigations, is revised to reflect the
deadlines in amended section 733(b) of the Act.
Sections 353.15(b) and 353.15(c)
Sections 353.15(b) and 353.15(c), which deal with extensions of the
deadline for preliminary determinations in antidumping investigations,
are revised to reflect the deadlines in amended section 733(c) of the
Act.
Sections 353.22(c)(4) and 353.22(c)(7)
Sections 353.22(c)(4) and 353.22(c)(7), with deal with the
deadlines for preliminary and final results, respectively, of reviews
under section 751(a)(1) of the Act, are revised to reflect the
deadlines in amended section 751(a)(3) of the Act.
Section 353.22(h)
Section 353.22(h) is added to establish procedures for conducting
so-called ``new shipper reviews,'' a new procedure contained in amended
section 751(a)(2) of the Act. Section 353.22(h) generally is based on
existing section 353.22(c), which sets forth procedures for so-called
``normal administrative reviews.'' However, certain features of section
353.22(h) merit discussion.
First, the deadlines in section 353.22(h) differ from those in
section 353.22(c) in order to reflect the expedited nature of new
shipper reviews.
Second, because the purpose of a new shipper review is to provide a
new shipper the opportunity to obtain its own dumping margin on an
expedited basis, section 353.22(h)(1)(iii) precludes a new shipper
review where the exporter or producer requesting such a review already
has received its own margin during a prior stage of the antidumping
proceeding in question.
Third, consistent with the Statement of Administrative Action
accompanying H.R. 5110 (H.R. Doc. No. 316, Vol. 1, 103d Cong., 2d Sess.
(1994)) (``the SAA''), section 353.22(h)(2) requires an exporter or
producer requesting a new shipper review to provide certain
information, along with appropriate certifications, supporting its
claim as a new shipper.
Fourth, section 353.22(h)(3) sets forth rules regarding the timing
of new shipper reviews and defines the term ``semiannual anniversary
month.'' As an example of how section 353.22(h)(3) would operate,
assume that an antidumping order is issued on January 15. The
semiannual anniversary months for this order would be January and July.
If a request were received at any time during the period February
through July, a new shipper review would be commenced in August. If a
request for a new shipper review were received at any time during the
period August through January, a new shipper review would be commenced
in February.
Fifth, section 353.22(h)(5) provides that the Secretary will
determine the time period to be covered by a new shipper review.
Because new shipper reviews are a new procedure, the ITA did not
consider it appropriate to establish a standard review period without
first obtaining public comment.
Finally, section 353.22(h)(9) addresses situations in which a new
shipper may be subject to more than one review or more than one request
for review, particularly in the first few years of the administration
of the amended statute. For example, a new shipper might request a
review notwithstanding that the new shipper is already subject to a
review pursuant to section 353.22(a). In order to minimize the
potential for confusion and to conserve administrative resources,
section 353.22(h)(9) permits the Secretary to terminate, or decline to
commence, a review under section 353.22, including a new shipper
review.
Section 353.31(a)
Section 353.31(a), which deals with general time limits for the
submission of information, is revised by the addition of a new
paragraph (a)(1)(iii) that establishes deadlines for the submission of
information in new shipper reviews. Because the deadline for completing
new shipper reviews is shorter than for normal administrative reviews,
the deadline for submitting information is shorter, as well.
Section 353.31(c)
Section 353.31(c), which deals with the time limits for certain
allegations, is revised to include the deadline for submitting
allegations of sales below cost of production in new shipper reviews.
Because the deadline for completing new shipper reviews is shorter than
for normal administrative reviews, the deadline for submitting
allegations of sales below cost is shorter, as well. In addition,
existing section 353.31(c)(2), which deals with the time limits for
allegations regarding lack of industry support for a petition, has been
deleted as obsolete. As noted above, under the amended Act, the
Secretary must make a determination regarding industry support prior to
the initiation of an investigation.
Section 353.38(i)
Section 353.38(i) is added to reflect the requirements of section
782(g) of the [[Page 25132]] Act regarding pre-final release of
information and the opportunity to comment thereon.
Part 355
Part 355 contains the ITA's countervailing duty regulations. The
authority citation for Part 355 is amended to include a reference to
the URAA.
Section 355.1
Section 355.1 (Scope) is revised to consist of two paragraphs.
Paragraph (a) continues to provide that 19 CFR Part 355 sets forth
rules and procedures applicable to countervailing duty proceedings
under Title VII of the Tariff Act (``the Act''). While the ITA will
rely on these rules and procedures in conducting countervailing duty
investigations and reviews, paragraph (a) also clarifies that in the
event of a conflict between the regulations and the Act, the Act
controls.
Paragraph (b) identifies those sections of Part 355 that have been
revised or added to reflect certain amendments made by the URAA. The
ITA concludes that these limited regulations are necessary for orderly
administration of the law pending completion of the rulemaking
proceeding. In addition, in accordance with section 291 of the URAA,
paragraph (b) provides that these revisions and additions apply only to
countervailing duty investigations and reviews that have been self-
initiated by the Secretary after, or initiated pursuant to petitions or
requests filed after, January 1, 1995.
Section 355.12(b)(2)
Section 355.12(b)(2), which deals with the contents of
countervailing duty petitions, is revised to reflect the new
requirement of amended section 702(c) of the Act that, prior to
initiating an investigation pursuant to a petition, the Secretary must
determine that the petition has the requisite support of the domestic
industry. To facilitate the Secretary's analysis of industry support,
revised section 355.12(b)(2) requires a petitioner to provide
information relevant to this issue.
Section 355.13(a)
Section 355.13(a), which deals with determinations regarding the
sufficiency of countervailing duty petitions, is revised to reflect the
new requirement of amended section 702(c) of the Act that, prior to
initiating an investigation pursuant to a petition, the Secretary must
determine that the petition has the requisite support of the domestic
industry. In addition, section 355.13(a) is revised to reflect the fact
that, in exceptional circumstances, the Secretary may extend the
deadline for determining the sufficiency of a petition where the
Secretary is required to poll or otherwise determine support for the
petition by the domestic industry and where additional time is
necessary to meet that requirement. The additional time will not be
extended automatically to the forty days permissible, but only to the
time necessary.
Section 355.15(a)(1)
Section 355.15(a)(1), which deals with the deadline for preliminary
determinations in countervailing duty investigations, is revised to
reflect the deadlines in amended section 703(b) of the Act.
Sections 355.15(a)(2)(ii) and 355.15(a)(4)
Sections 355.15(a)(2)(ii) and 355.15(a)(4), which deal with the
contents of preliminary countervailing duty determinations, are revised
to reflect the fact that under the amended Act there no longer is a
preference for calculating a single countrywide subsidy rate in
countervailing duty proceedings.
Sections 355.15(b) and 355.15(c)
Sections 355.15(b) and 355.15(c), which deal with extensions of the
deadline for preliminary determinations in antidumping investigations,
are revised to reflect the deadlines in amended section 703(c) of the
Act.
Sections 355.20(a)(2)(ii) and 355.20(a)(4)
Sections 355.20(a)(2)(ii) and 355.20(a)(4), which deal with the
contents of final countervailing duty determinations, are revised to
reflect the fact that under the amended Act there no longer is a
preference for calculating a single country-wide subsidy rate in
countervailing duty proceedings.
Section 355.20(d)
Section 355.20(d), which deals with the calculation of individual
countervailing duty rates, is revised to reflect the fact that under
the amended Act there no longer is a preference for calculating a
single country-wide subsidy rate in countervailing duty proceedings.
The text of section 355.20(d) is deleted. However, because the
Department anticipates that these interim rules will be replaced by
final rules as soon as possible, we have designated section 355.20(d)
as ``[Reserved]'' rather than renumber all of section 355.20.
Section 355.20(e)
Section 355.20(e), which deals with the effect of a decision not to
exclude a firm from a countervailing duty order, is revised to reflect
the fact that under the amended Act there no longer is a preference for
calculating a single country-wide subsidy rate in countervailing duty
proceedings.
Section 355.22(a)
Section 355.22(a), which deals with procedures for requesting
administrative reviews of countervailing duty orders and suspended
investigations, is revised to reflect the fact that under the amended
Act there no longer is a preference for calculating a single country-
wide subsidy rate in countervailing duty proceedings. The procedures of
revised section 355.22(a) are based on the company-specific approach of
section 353.22(a) of the antidumping regulations.
Section 355.22(c)
Section 355.22(c), which deals with procedures for administrative
reviews of countervailing duty orders and suspended investigations,
under section 751(a)(1) of the Act, is revised to (1) reflect the
deadlines in amended section 751(a)(3) of the Act; and (2) reflect the
fact that under the amended Act there no longer is a preference for
calculating a single country-wide subsidy rate in countervailing duty
proceedings.
Section 355.22(d)
Section 355.22(d), which deals with the calculation of individual
countervailing duty rates in reviews, is revised to reflect the fact
that under the amended Act there no longer is a preference for
calculating a single country-wide subsidy rate in countervailing duty
proceedings. The text of section 355.22(d) is deleted, and, in order to
avoid renumbering all of section 355.22, section 355.22(d) is
designated ``[Reserved]''.
Section 355.22(f)
Section 355.22(f), which deals with reviews of an individual
producer or exporter, is revised in light of the changes, described
above, to section 355.22(a). The text of section 355.22(f) is deleted,
and, in order to avoid renumbering all of section 355.22, section
355.22(f) is designated ``[Reserved]''.
Section 355.22(i)
Section 355.22(i), which deals with reviews at the direction of the
President under section 762 of the Act, is revised to reflect the fact
that under the amended Act there no longer is a preference for
calculating a single country-wide subsidy rate in countervailing duty
proceedings. [[Page 25133]]
Section 355.22(j)
Section 355.22(j) is added to establish procedures for conducting
so-called ``new shipper reviews,'' a new procedure contained in amended
section 751(a)(2) of the Act. Because section 355.22(j) is virtually
identical to section 353.22(h), for an explanation of section 355.22(j)
please refer to the discussion of section 353.22(h), above.
Section 355.31(a)
Section 355.31(a), which deals with general time limits for the
submission of information, is revised by the addition of a new
paragraph (a)(1)(iii) that establishes deadlines for the submission of
information in new shipper reviews. As in the case of antidumping new
shipper reviews, the deadlines are shorter than those for normal
administrative reviews.
Section 355.31(c)
Section 355.31(c), which deals with the time limits for certain
allegations, is revised to include the deadline for submitting
allegations of subsidies in new shipper reviews. This deadline is
shorter than the deadline for making similar allegations in normal
administrative reviews. In addition, existing section 355.31(c)(2),
which deals with the time limits for allegations regarding lack of
industry support for a petition, has been deleted as obsolete. As noted
above, under the amended Act, the Secretary must make a determination
regarding industry support prior to the initiative of an investigation.
Section 355.38(i)
Section 355.38(i) is added to reflect the requirements of section
782(g) of the Act regarding pre-final release of information and the
opportunity to comment thereon.
Section 355.40
A new section 355.40 is added to establish procedures for reviews
of countervailing duty orders in connection with investigations under
section 753 of the Act. In general, section 753 deals with outstanding
countervailing duty orders on merchandise from a member of the World
Trade Organization that were issued without a finding of material
injury. Under section 753, upon receipt of a proper request, the U.S.
International Trade Commission (``ITC'') will conduct an investigation
to determine if a U.S. industry is likely to be materially injured if a
countervailing duty order is revoked.
Under section 753(b)(2), the ITA must provide the ITC with
information regarding the net countervailable subsidy that is likely to
prevail if the order in question is revoked, as well as information
regarding the nature of the countervailable subsidy. Section 355.40
sets forth procedures the ITA will follow in performing this task. In
addition, section 355.40(a) reflects the Administration's commitment to
notify domestic interested parties as soon as possible after their
opportunity for requesting a section 753 investigation arises. See the
SAA, pp. 942-943.
Classification
Administrative Procedure Act (APA)
ITA rules to implement new legislation ordinarily are promulgated
in accordance with the requirements of the APA, 5 U.S.C. 553 et seq.
The ITA is publishing this interim final rule without prior notice, an
opportunity for public comment, and a 30-day delay in effective date
pursuant to authority to waive such requirements for good cause
contained in 5 U.S.C. 553(b)(B) and 553(d)(3). The URAA became
effective less than 30-days after its enactment, rendering portions of
existing antidumping and countervailing duty regulations obsolete. It
also makes significant revisions and additions to existing procedures.
In view of the timing and number and degree of URAA procedural changes,
some new implementing regulations must be in place immediately to allow
ITA to administer antidumping and countervailing duty proceedings
effectively and efficiently. As such, ITA has determined that the
provision of prior notice and an opportunity for public comment for
these rules, which have the limited purpose of amending existing
regulations where they are clearly at odds with the URAA and where
regulations are essential to administration of the new law, would be
impracticable and contrary to the public interest. Similarly, the need
to implement these measures in a timely manner to address the new
procedures in the URAA, described above, constitutes good cause under
authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in
effective date.
The ITA recognizes that interim final rules, because they are
issued without public participation, should be narrowly drawn to
respond to no more than the situation that justified waiving the APA.
The agency is undertaking a full rulemaking proceeding to conform
existing antidumping duty, countervailing duty, and NAFTA Article 1904
regulations to the URAA, as well as other substantive and procedural
changes that might be warranted. To that end, on January 3, 1995 (60 FR
80), the ITA published an advance notice of proposed rulemaking seeking
public comment on subjects that should be considered in revising the
antidumping and countervailing duty regulations.
E.O. 12866
This interim final rule has been determined to be significant under
E.O. 12866.
Paperwork Reduction Act
This interim final rule does not contain any new reporting or
recording requirements subject to the Paperwork Reduction Act.
E.O. 12612
This interim final rule does not contain federalism implications
warranting the preparation of a Federalism Assessment.
List of Subjects in 19 CFR Parts 353 and 355
Business and industry, Foreign trade, Imports, Trade practices.
Dated: May 3, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
For the reasons stated, 19 CFR parts 353 and 355 are amended as
follows:
PART 353--ANTIDUMPING DUTIES
1. The authority citation for part 353 is revised to read as
follows:
Authority: 5 U.S.C. 301 and 19 U.S.C. 1671 et seq.
2. Section 353.1 is revised to read as follows:
Sec. 353.1 Scope.
(a) This part sets forth procedures and rules applicable to
proceedings under Title VII of the Tariff Act of 1930, as amended (19
U.S.C. 1673 et seq.) (``the Act''), as amended by Title I of the Trade
Agreements Act of 1979, Pub. L. 96-39, 93 Stat. 150, section 221 and
Title VI of the Trade and Tariff Act of 1984, Pub. L. 98-573, 98 Stat.
294, Title I, subtitle C, part II of the Omnibus Trade and
Competitiveness Act of 1988, Pub. L. 100-418, 102 Stat. 1184, and Title
II of the Uruguay Round Agreements Act, Pub. L. 103-465; 108 Stat. 4809
(Dec. 8, 1994), relating to the imposition of antidumping duties. In
the event of a conflict between the provisions of this part and the
provisions of the Act, the Act shall be controlling.
(b) The following sections reflect amendments to the Act made by
the Uruguay Round Agreements Act: Secs. 353.1, 353.12(b)(2), 353.13(a),
[[Page 25134]] 353.15(a)(1), 353.15(b), 353.15(c), 353.22(c)(4),
353.22(c)(7), 353.22(h), 353.31(a)(1), 353.31(c), and 353.38(i). These
sections shall be applicable only to proceedings that have been self-
initiated by the Secretary after, or initiated pursuant to petitions or
requests filed after, January 1, 1995.
3. Section 353.12(b)(2) is revised to read as follows:
Sec. 353.12 Petition requirements.
* * * * *
(b) * * *
(2) The identity of the industry on behalf of which the petitioner
is filing, including the names and addresses of other persons in the
industry, and information relating to the degree of industry support
for the petition;
* * * * *
4. Section 353.13(a) is revised to read as follows:
Sec. 353.13 Determination of sufficiency of petition.
(a) Determination of sufficiency.--(1) In general. Except as
provided in paragraph (a)(2) of this section, not later than 20 days
after a petition is filed under Sec. 353.12, the Secretary will
determine whether the petition properly alleges the basis on which an
antidumping duty may be imposed under section 731 of the Act, contains
information reasonably available to the petitioner supporting the
allegations, is filed by an interested party as defined in paragraph
(k)(3), (k)(4), (k)(5), or (k)(6) of Sec. 353.2, and is filed by or on
behalf of the domestic industry.
(2) Extension where polling required. Where the Secretary is
required to poll or otherwise determine support for the petition by the
domestic industry under section 732(c)(4)(D) of the Act, the Secretary
may, in exceptional circumstances, apply paragraph (a)(1) of this
section by substituting ``a maximum of 40 days'' for ``20 days''.
* * * * *
5. Section 353.15 is amended by revising paragraphs (a)(1), (b),
and (c) to read as follows:
Sec. 353.15 Preliminary determination.
(a) In general. (1) Not later than 140 days after the date on which
the Secretary initiates an investigation under Sec. 353.11 or
Sec. 353.13, the Secretary will make a determination based on the
available information at the time whether there is a reasonable basis
to believe or suspect that the merchandise is being sold at less than
fair value. The Secretary will not make the determination unless the
Commission has made an affirmative preliminary determination.
* * * * *
(b) Postponement in extraordinarily complicated investigation. If
the Secretary decides the investigation is extraordinarily complicated,
the Secretary may postpone the preliminary determination to not later
than 190 days after the date on which the Secretary initiated the
investigation. The Secretary will base the decision on express findings
that:
(1) The respondent parties to the proceeding are cooperating in the
investigation;
(2) The investigation is extraordinarily complicated by reason of:
(i) The large number of complex nature of the transactions or
adjustments under subpart D of this part;
(ii) Novel issues raised; or
(iii) The large number of producers and resellers; and
(3) Additional time is needed to make the preliminary
determination.
(c) Postponement at the request of the petitioner. If the
petitioner, not later than 25 days before the scheduled date for the
Secretary's preliminary determination, requests a postponement and
states the reasons for the request, the Secretary will postpone the
preliminary determination to not later than 190 days after the date on
which the Secretary initiated the investigation, unless the Secretary
finds compelling reasons to deny the request.
* * * * *
6. Section 353.22 is amended by revising paragraphs (c)(4) and
(c)(7), and by adding paragraph (h) to read as follows:
Sec. 353.22 Administrative review of orders and suspension agreements.
* * * * *
(c) * * *
(4) Unless the Secretary extends the time limit pursuant to section
751(a)(3)(A) of the Act, within 245 days after the last day of the
anniversary month, issue preliminary results of review, based on the
available information, that include:
(i) The factual and legal conclusions on which the preliminary
results are based;
(ii) The weighted-average dumping margin, if any, during the period
of review for each person reviewed; and
(iii) For an agreement, the Secretary's preliminary conclusions
with respect to the status of, and compliance with, the agreement;
* * * * *
(7) Unless the Secretary extends the time limit pursuant to section
751(a)(3)(A) of the Act, within 120 days after the date on which the
preliminary results are published, issue final results of review that
include:
(i) The factual and legal conclusions on which the final results
are based;
(ii) The weighted-average dumping margin, if any, during the period
of review for each person reviewed; and
(iii) For an agreement, the Secretary's conclusions with respect to
the status of, and compliance with, the agreement;
* * * * *
(h) Determination of antidumping duties for new shippers.--(1) In
general. If the Secretary receives a request, accompanied by the
information described in paragraph (h)(2) of this section, from an
exporter or producer of the merchandise establishing that:
(i) Such exporter or producer did not export the merchandise that
was the subject of an antidumping duty order to the United States (or,
in the case of an order described in section 736(d) of the Act, did not
export the merchandise for sale in the region concerned) during the
period of investigation;
(ii) Such exporter or producer is not affiliated with (within the
meaning of section 771(33) of the Act) any exporter or producer who
exported the merchandise to the United States (or in the case of an
order described in section 736(d) of the Act, who exported the
merchandise for sale in the region concerned) during that period; and
(iii) The Secretary has not previously established a weighted-
average dumping margin for such exporter or producer, the Secretary
will conduct a review to establish a weighted-average dumping margin
for such exporter or producer.
(2) Certification of new shipper status. A request described in
paragraph (h)(1) of this section shall include, with appropriate
certifications:
(i) The date on which subject merchandise of the exporter or
producer making the request was first entered, or withdrawn from
warehouse, for consumption, or, if the exporter or producer cannot
certify as to the date of first entry, the date on which the exporter
or producer first shipped the subject merchandise for export to the
United States;
(ii) A list of the firms with which the exporter or producer making
the request is affiliated; and
(iii) A statement from the exporter or producer making the request
and from each firm with which the exporter or producer is affiliated
that it did not, under its current or a former name, export the
merchandise during the period of investigation. [[Page 25135]]
(3) Time for new shipper review.
(i) In general. The Secretary will commence a review under
paragraph (h)(1) of this section in the calendar month beginning after
the semiannual anniversary month if the request for the review is made
during the 6-month period ending with the end of the semiannual
anniversary month.
(ii) Semiannual anniversary month. The semiannual anniversary month
is:
(A) The calendar month in which the anniversary of the date of
publication of the order occurs; or
(B) The calendar month which is 6 months after the calendar month
in which the anniversary of the date of publication of the order
occurs.
(4) Posting bond or security. The Secretary will, at the time a
review under paragraph (h)(1) of this section is initiated, direct the
Customs Service to allow, at the option of the importer, the posting,
until the completion of the review, of a bond or security in lieu of a
cash deposit for each entry of the merchandise.
(5) Period under review. A review under paragraph (h)(1) of this
section will cover, as appropriate, entries, exports, or sales during a
period to be determined by the Secretary.
(6) Procedures. After receipt of a request satisfying the
requirements of paragraphs (h)(1), (h)(2) and (h)(3) of this section,
the Secretary will:
(i) Not later than 20 days after the semiannual anniversary month,
issue a notice of ``Initiation of New Shipper Antidumping Duty
Review;''
(ii) Normally not later than 30 days after the date of issuance of
the notice of initiation, send to appropriate interested parties or a
sample of interested parties questionnaires requesting factual
information for the review;
(iii) Conduct, if appropriate, a verification under Sec. 353.36;
(iv) Issue preliminary results of review, based on the available
information, that include:
(A) The factual and legal conclusions on which the preliminary
results are based; and
(B) The weighted-average dumping margin, if any, for each person
reviewed;
(v) Publish in the Federal Register notice of ``Preliminary Results
of New Shipper Antidumping Duty Administrative Review,'' including the
weighted-average dumping margins, if any, and an invitation for
argument consistent with Sec. 353.38, and notify all parties to the
proceeding;
(vi) Promptly after issuing the preliminary results, provide to
parties to the proceeding which request disclosure a further
explanation of the calculation methodology used in reaching the
preliminary results;
(vii) Issue final results of review that include:
(A) The factual and legal conclusions on which the final results
are based;
(B) The weighted-average dumping margins, if any, for each person
reviewed;
(viii) Publish in the Federal Register notice of ``Final Results of
New Shipper Antidumping Duty Administrative Review,'' including the
weighted-average dumping margins, if any, and notify all parties to the
proceeding;
(ix) Promptly after issuing the final results, provide to parties
to the proceeding which request disclosure a further explanation of the
calculation methodology used in reaching the final results; and
(x) Promptly after publication of the notice of final results,
instruct the Customs Service to assess antidumping duties on the
merchandise described in paragraph (h)(4) of this section, and to
collect a cash deposit of estimated antidumpting duties on future
entries.
(7) Time limits.
(i) In general. The Secretary will issue preliminary results in a
review conducted under paragraph (h)(1) of this section within 180 days
after the date on which the review is initiated, and final results
within 90 days after the date the preliminary results are issued.
(ii) Exception. If the Secretary concludes that the case is
extraordinarily complicated, the Secretary may extend the 180-day
period to 300 days, and may extend the 90-day period to 150 days.
(8) Results of reviews. The results of a review under paragraph
(h)(1) of this section shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the
determination and for deposits of estimated duties.
(9) Multiple reviews. Notwithstanding any other provision of this
section, if a review (or a request for a review) under paragraph (a),
(f), or (g) of this section covers merchandise of an exporter or
producer subject to a review (or to a request for a review) under
paragraph (h)(1) of this section, the Secretary may:
(i) Terminate, in whole or in part, a review in progress under this
section; or
(ii) Decline to commence, in whole or in part, a review under this
section.
7. Section 353.31 is amended by revising paragraph (a)(1) and (c)
to read as follows:
Sec. 353.31 Submission of factual information.
(a) Time limits in general. (1) Except as provided in
Sec. 353.32(b) and paragraphs (a)(2) and (b) of this section,
submissions of factual information for the Secretary's consideration
shall be submitted not later than:
(i) For the Secretary's final determination, seven days before the
scheduled date on which the verification is to commence;
(ii) For the Secretary's final results of an administrative review
under Sec. 353.22 (c) or (f), the earlier of the date of publication of
notice of preliminary results of review or 180 days after the date of
publication of notice of initiation of the review;
(iii) For the Secretary's final results of an administrative review
under Sec. 353.22(h), the earlier of the date of publication of notice
of preliminary results of review or 120 days after the date of
publication of notice of initiation of the review; or
(iv) For the Secretary's final results of an expedited review under
Sec. 353.22(g), a date specified by the Secretary.
* * * * *
(c) Time limits for allegations of sales below cost of production.
(1) The Secretary will not consider any allegation of sales below the
cost of production that is submitted by the petitioner or other
interested party, as defined in paragraph (k)(3), (k)(4), (k)(5), or
(k)(6) of Sec. 353.2, later than:
(i) In an investigation 45 days before the scheduled date for the
Secretary's preliminary determination, unless a relevant response is,
in the Secretary's view, untimely or incomplete, in which case the
Secretary will determine the time limit;
(ii) In an administrative review under Sec. 353.22 (c) or (f), 120
days after the date of publication of the notice of initiation of the
review, unless a relevant response is, in the Secretary's view,
untimely or incomplete, in which case the Secretary will determine the
time limit;
(iii) In an administrative review under Sec. 353.22(h), 60 days
after the date of publication of the notice of initiation of the
review, unless a relevant response is, in the Secretary's view,
untimely or incomplete, in which case the Secretary will determine the
time limit; or
(iv) In an expedited review under Sec. 353.22(g), 10 days after the
date of publication of the notice of initiation of the review.
(2) Any interested party may request in writing not later than the
time limits specified in paragraph (c)(1) of this section an extension
of those time limits. If the Assistant Secretary for Import
Administration concludes that an extension would facilitate the proper
administration of the law, the Assistant Secretary may grant an
extension of not [[Page 25136]] longer than 10 days in an investigation
or 30 days in an administrative review.
* * * * *
8. Section 353.38 is amended by adding paragraph (i), to read as
follows:
Sec. 353.38 Written argument and hearing.
* * * * *
(i) Public comment on information. In any investigation or review
under this part, the Secretary will specify a date on which the
Secretary will cease collecting information and on which the Secretary
will release to parties that have participated in the investigation or
review all information on which the parties have not previously had an
opportunity to comment. Any such information that is business
proprietary information will be released to persons authorized to
obtain such information pursuant to Sec. 353.34. Parties shall have an
opportunity to file written comments on any information released to
them, and the date on which such comments must be filed will be
specified by the Secretary. The Secretary will disregard comments
containing new factual information.
PART 355--COUNTERVAILING DUTIES
9. The authority citation for part 355 is revised to read as
follows:
Authority: 5 U.S.C. 301 and 19 U.S.C. 1671 et seq.
10. Section 355.1 is revised to read as follows:
Sec. 355.1 Scope.
(a) This part sets forth procedures and rules applicable to
proceedings under Title VII of the Tariff Act of 1930, as amended (19
U.S.C. 1671 et seq.) (``the Act''), relating to the imposition of
countervailing duties, as amended by Title I of the Trade Agreements
Act of 1979, Pub. L. 96-39, 93 Stat. 150, section 221 and Title VI of
the Trade and Tariff Act of 1984, Pub. L. 98-573, 98 Stat. 294, Title
I, subtitle C, part II of the Omnibus Trade and Competitiveness Act of
1988, Pub. L. 100-418, 102 Stat. 1184, and Title II of the Uruguay
Round Agreements Act, Pub. L. 103-465; 108 Stat, 4809 (Dec. 8, 1994)
and under section 702 of the Trade Agreements Act of 1979 (19 U.S.C.
1202 note) (``Trade Agreements Act''), relating to subsidies on quota
cheese. In the event of a conflict between the provisions of this part
and the provisions of the Act, the Act shall be controlling.
(b) The following sections reflect amendments to the Act made by
the Uruguay Round Agreements Act: Secs. 355.1, 355.12(b)(2), 355.13(a),
355.15(a)(1), 355.15(a)(2)(ii), 355.15(a)(4), 355.15(b), 355.15(c),
355.20(a)(2)(ii), 355.20(a)(4), 355.20(d), 355.20(e), 355.22(a),
355.22(c), 355.22(d), 355.22(f), 355.22(i)(5)(ii), 355.22(j),
355.31(a)(1), 355.31(c), 355.38(i), 355.40. These sections shall be
applicable only to proceedings that have been self-initiated by the
Secretary after, or initiated pursuant to petitions or requests filed
after, January 1, 1995.
11. Sections 355.12(b)(2) is revised to read as follows:
Sec. 355.12 Petition requirements.
* * * * *
(b) * * *
(2) The identity of the industry on behalf of which the petitioner
is filing, including the names and addresses of other persons in the
industry, and information relating to the degree of industry support
for the petition.
* * * * *
12. Section 355.13(a) is revised to read as follows:
Sec. 355.13 Determination of sufficiency of petition.
(a) Determination of sufficiency.--(1) In general. Except as
provided in paragraph (a)(2) of this section, not later than 20 days
after a petition is filed under Sec. 355.12, the Secretary will
determine whether the petition properly alleges the basis on which a
countervailing duty may be imposed under section 701(a) of the Act,
contains information reasonably available to the petitioner supporting
the allegations, is filed by an interested party as defined in
paragraph (i)(3), (i)(4), (i)(5), or (i)(6) of Sec. 355.2, and is filed
by or on behalf of the domestic industry.
(2) Extension where polling required. Where the Secretary is
required to poll or otherwise determine support for the petition by the
domestic industry under section 702(c)(4)(D) of the Act, the Secretary
may, in exceptional circumstances, apply paragraph (a)(1) of this
section by substituting ``a maximum of 40 days'' for ``20 days''.
* * * * *
13. Section 355.15 is amended by revising paragraphs (a)(1),
(a)(2)(ii), (a)(4), (b) and (c) to read as follows:
Sec. 355.15 Preliminary determination.
(a) In general. (1) Not later than 65 days after the date on which
the Secretary initiates an investigation under Sec. 355.11 or
Sec. 355.13, the Secretary will make a determination based on the
available information at the time whether there is a reasonable basis
to believe or suspect that a subsidy is being provided with respect to
the merchandise. If the merchandise is from a country entitled to an
injury test for the merchandise, the Secretary will not make the
determination unless the Commission has made an affirmative preliminary
determination.
(2) ***
(ii) The individual countervailing duty rate for each person
investigated and an all-others rate, if any, or, if section
777A(e)(2)(B) of the Act applies, a single estimated country-wide
subsidy rate; and
* * * * *
(4) The Secretary will publish in the Federal Register notice of
``Affirmative (Negative) Preliminary Countervailing Duty
Determination,'' including the estimated individual countervailing duty
rates, all-others rate, or country-wide subsidy rate, if any, and an
invitation for argument consistent with Sec. 355.38.
* * * * *
(b) Postponement in extraordinarily complicated investigation. If
the Secretary decides the investigation is extraordinarily complicated,
the Secretary may postpone the preliminary determination to not later
than 130 days after the date on which the Secretary initiated the
investigation. The Secretary will base the decision on express findings
that:
(1) The respondent parties to the proceeding are cooperating in the
investigation;
(2) The investigation is extraordinarily complicated by reason of:
(i) The large number or complex nature of the alleged subsidies;
(ii) Novel issues raised;
(iii) The need to determine the extent to which particular
subsidies are used by individual producers or exporters; or
(iv) Large number of producers and exporters; and
(3) Additional time is needed to make the preliminary
determination.
(c) Postponement at the request of the petitioner. If the
petitioner, not later than 25 days before the scheduled date for the
Secretary's preliminary determination, requests a postponement and
states the reasons for the request, the Secretary will postpone the
preliminary determination to not later than 130 days after the date on
which the Secretary initiated the investigation, unless the Secretary
finds compelling reasons to deny the request.
* * * * *
14. Section 355.20 is amended by revising paragraphs (a)(2)(ii),
(a)(4), and (e), and by removing and reserving paragraph (d), to read
as follows:
Sec. 355.20 Final determination.
(a) * * * [[Page 25137]]
(2) * * *
(ii) The estimated individual countervailing duty rate for each
person investigated and an estimated all-others rate, if any, or, if
section 777A(e)(2)(B) of the Act applies, a single estimated country-
wide subsidy rate; and
* * * * *
(4) The Secretary will publish in the Federal Register notice of
``Affirmative (Negative) Final Countervailing Duty Determination,''
including the estimated individual countervailing duty rates, all-
others rate, or country-wide subsidy rate, if any.
* * * * *
(e) Effect of decision not to exclude from order. If the Secretary
finds that a person requesting exclusion under Sec. 355.14 received,
during the period for which the Department measured benefits in the
investigation, any net subsidy from any program that the Secretary
determines countervailable in the affirmative final determination, the
Secretary will state in the affirmative final determination an
individual rate for that person, and that rate will be the basis for
the cash deposit or bond, as appropriate, of estimated countervailing
duties for that person. The individual rate will be either the
individual rate calculated for that person, the all-others rate, or, if
section 777A(e)(2)(B) of the Act applies, the country-wide subsidy
rate.
* * * * *
15. Section 355.22 is amended by revising paragraphs (a), (c),
(i)(5)(ii), (i)(6), (i)(9)(ii), and (i)(10), by removing and reserving
paragraphs (d) and (f), and by adding paragraph (j), to read as
follows:
Sec. 355.22 Administrative review of orders and suspension agreements.
(a) Request for administrative review; withdrawal of request for
review. (1) Each year during the anniversary month of the publication
of an order (the calendar month in which the anniversary of the date of
publication of the order occurs), an interested party, as defined in
paragraph (i)(2), (i)(3), (i)(4), (i)(5), or (i)(6) of Sec. 355.2, may
request in writing that the Secretary conduct an administrative review
of specified individual producers or exporters covered by an order, if
the requesting person states why the person desires the Secretary to
review those particular producers or exporters.
(2) During the same month, a producer or exporter covered by an
order may request in writing that the Secretary conduct an
administrative review of only that person.
(3) During the same month, an importer of the merchandise may
request in writing that the Secretary conduct an administrative review
of only a producer or exporter of the merchandise imported by that
importer.
(4) Each year during the anniversary month of the publication of a
suspension of investigation (the calendar month in which the
anniversary of the date of publication of the suspension of
investigation occurs), an interested party, as defined in
Sec. 355.2(i), may request in writing that the Secretary conduct an
administrative review of all producers or exporters covered by an
agreement on which suspension of investigation was based.
(5) The Secretary may permit a party that requests a review under
paragraph (a) of this section to withdraw the request not later than 90
days after the date of publication of notice of initiation of the
requested review. The Secretary may extend this time limit if the
Secretary decides that it is reasonable to do so. When a request for
review is withdrawn, the Secretary will publish in the Federal Register
notice of ``Termination of Countervailing Duty Administrative Review''
or, if appropriate, ``Partial Termination of Countervailing Duty
Administrative Review.''
* * * * *
(c) Procedures. After receipt of a timely request under paragraph
(a) of this section, or on the Secretary's own initiative when
appropriate, the Secretary will:
(1) Not later than 15 days after the anniversary month, publish in
the Federal Register notice of ``Initiation of Countervailing Duty
Administrative Review;''
(2) Normally not later than 30 days after the date of publication
of the notice of initiation, send to appropriate interested parties or
a sample of interested parties questionnaires requesting factual
information for the review;
(3) Conduct, if appropriate, a verification under Sec. 355.36;
(4) Unless the Secretary extends the time limit pursuant to section
751(a)(3)(A) of the Act, within 245 days after the last day of the
anniversary month, issue preliminary results of review, based on the
available information, that include:
(i) The factual and legal conclusions on which the preliminary
results are based;
(ii) The countervailing duty rate for each person reviewed or, if
section 777A(e)(2)(B) of the Act applies, a single country-wide subsidy
rate during the period of review;
(iii) A description of official changes in the subsidy programs
made by the government of the affected country that affect the cash
deposit of estimated countervailing duties; and
(iv) For an agreement, the Secretary's preliminary conclusions with
respect to the status of, and compliance with, the agreement;
(5) Publish in the Federal Register notice of ``Preliminary Results
of Countervailing Duty Administrative Review,'' including the
countervailing duty rates or country-wide subsidy rate, if any, the
estimated net subsidy for cash deposit purposes, and an invitation for
argument consistent with Sec. 355.38, and notify all parties to the
proceeding;
(6) Promptly after issuing the preliminary results, provide to
parties to the proceeding which request disclosure a further
explanation of the calculation methodology used in reaching the
preliminary results;
(7) Unless the Secretary extends the time limit pursuant to section
751(a)(3)(A) of the Act, within 120 days after the date on which the
preliminary results are published, issue final results of review that
include:
(i) The factual and legal conclusions on which the final results
are based;
(ii) The countervailing duty rate for each person reviewed or, if
section 777A(e)(2)(B) of the Act applies, a single country-wide subsidy
rate during the period of review;
(iii) A description of official changes in the subsidy programs,
made by the government of the affected country not later than the date
of publication of the notice of preliminary results, that affect the
cash deposit of estimated countervailing duties; and
(iv) For an agreement, the Secretary's conclusions with respect to
the status of, and compliance with, the agreement;
(8) Publish in the Federal Register notice of ``Final Results of
Countervailing Duty Administrative Review,'' including the
countervailing duty rates or country-wide subsidy rate, if any, and the
estimated net subsidy for cash deposit purposes, and notify all parties
to the proceeding;
(9) Promptly after issuing the final results, provide to parties to
the proceeding which request disclosure a further explanation of the
calculation methodology used in reaching the final results; and
(10) Promptly after publication of the notice of final results,
instruct the Customs Service to assess countervailing duties on the
merchandise described in paragraph (b) of this section and to collect a
cash deposit of estimated countervailing duties on future entries. Both
the assessment and the cash deposit will be [[Page 25138]] at the rates
found in the final results of review.
* * * * *
(i) * * *
(5) * * *
(ii) The countervailing duty rates, or, if section 777A(e)(2)(B) of
the Act applies, the country-wide subsidy rate, if any, during the
period of review; and
* * * * *
(6) Publish in the Federal Register notice of ``Preliminary Results
of Countervailing Duty Administrative Review at the Direction of the
President,'' including the countervailing duty rates or country-wide
subsidy rate, if any, the estimated net subsidy for cash deposit
purposes, and an invitation for argument consistent with Sec. 355.38;
* * * * *
(9) * * *
(ii) The countervailing duty rates, or, if section 777A(e)(2)(B) of
the Act applies, the country-wide subsidy rate, if any, during the
period of review; and
* * * * *
(10) Publish in the Federal Register notice of ``Final Results of
Countervailing Duty Administrative Review at the Direction of the
President,'' including the countervailing duty rates or country-wide
subsidy rate, if any, and the estimated net subsidy for cash deposit
purposes; and
* * * * *
(j) Determination of countervailing duties for new shippers.--(1)
In general. If the Secretary receives a request, accompanied by the
information described in paragraph (j)(2) of this section, from an
exporter or producer of the merchandise establishing that:
(i) Such exporter or producer did not export the merchandise that
was the subject of a countervailing duty order to the United States
(or, in the case of an order described in section 706(c) of the Act,
did not export the merchandise for sale in the region concerned) during
the period of investigation;
(ii) Such exporter or producer is not affiliated with (within the
meaning of section 771(33) of the Act) any exporter or producer who
exported the merchandise to the United States (or in the case of an
order described in section 706(c) of the Act, who exported the
merchandise for sale in the region concerned) during that period; and
(iii) The Secretary has not previously established a countervailing
duty rate for such exporter or producer, the Secretary will conduct a
review to establish a countervailing duty rate for such exporter or
producer.
(2) Certification of new shipper status.--A request described in
paragraph (j)(1) of this section shall include, with appropriate
certifications:
(i) The date on which subject merchandise of the exporter or
producer making the request was first entered, or withdrawn from
warehouse, for consumption, or, if the exporter or producer cannot
certify as to the date of first entry, the date on which the exporter
or producer first shipped the subject merchandise for export to the
United States;
(ii) A list of the firms with which the exporter or producer making
the request is affiliated; and
(iii) A statement from the exporter or producer making the request
and from each firm with which the exporter or producer is affiliated
that it did not, under its current or a former name, export the
merchandise during the period of investigation.
(3) Time for new shipper review.--(i) In general. The Secretary
will commence a review under paragraph (j)(1) of this section in the
calendar month beginning after the semiannual anniversary month if the
request for the review is made during the 6-month period ending with
the end of the semiannual anniversary month.
(ii) Semiannual anniversary month. The semiannual anniversary month
is:
(A) the calendar month in which the anniversary of the date of
publication of the order occurs; or
(B) the calendar month which is 6 months after the calendar month
in which the anniversary of the date of publication of the order
occurs.
(4) Posting bond or security. The Secretary will, at the time a
review under paragraph (j)(1) of this section is initiated, direct the
Customs Service to allow, at the option of the importer, the posting,
until the completion of the review, of a bond or security in lieu of a
cash deposit for each entry of the merchandise.
(5) Period under review. A review under paragraph (h)(1) of this
section will cover, as appropriate, entries, exports, or sales during a
period to be determined by the Secretary.
(6) Procedures. After receipt of a request satisfying the
requirements of paragraphs (j)(1), (j)(2), and (j)(3) of this section,
the Secretary will:
(i) Not later than 20 days after the semiannual anniversary month,
issue a notice of ``Initiation of New Shipper Countervailing Duty
Review;''
(ii) Normally not later than 30 days after the date of issuance of
the notice of initiation, send to appropriate interested parties or a
sample of interested parties questionnaires requesting factual
information for the review;
(iii) Conduct, if appropriate, a certification under Sec. 355.36;
(iv) Issue preliminary results of review, based on the available
information, that include:
(A) The factual and legal conclusions on which the preliminary
results are based; and
(B) The countervailing duty rate, if any, for each person reviewed,
or, if section 777A(e)(2)(B) of the Act applies, a single estimated
country-wide subsidy rate;
(v) Publish in the Federal Register notice of ``Preliminary Results
of New Shipper Countervailing Duty Administrative Review,'' including
the countervailing duty rates or country-wide subsidy rate, if any, and
an invitation for argument consistent with Sec. 355.38, and notify all
parties to the proceeding;
(vi) Promptly after issuing the preliminary results, provide to
parties to the proceeding which request disclosure a further
explanation of the calculation methodology used in reaching the
preliminary results;
(vii) Issue final results of review that include:
(A) The factual and legal conclusions on which the final results
are based;
(B) The countervailing duty rate, if any, for each person reviewed
or, if section 777A(e)(2)(B) of the Act applies, a single estimated
country-wide subsidy rate;
(viii) Publish in the Federal Register notice of ``Final Results of
New Shipper Countervailing Duty Administrative Review,'' including the
countervailing duty rates or country-wide subsidy rate, if any, and
notify all parties to the proceeding;
(ix) Promptly after issuing the final results, provide to parties
to the proceeding which request disclosure of a further explanation of
the calculation methodology used in reaching the final results; and
(x) Promptly after publication of the notice of final results,
instruct the Customs Service to assess countervailing duties on the
merchandise described in paragraph (j)(4) of this section, and to
collect a cash deposit of estimated countervailing duties on future
entries.
(7) Time limits.--(i) In general. The Secretary will issue
preliminary results in a review conducted under paragraph (j)(1) of
this section within 180 days after the date on which the review is
initiated, and final results within 90 days after the date the
preliminary results are issued.
(ii) Exception. If the Secretary concludes that the case is
extraordinarily complicated, the [[Page 25139]] Secretary may extend
the 180-day period to 300 days, and may extend the 90-day period to 150
days.
(8) Results of reviews. The results of a review under paragraph
(j)(1) of this section shall be the basis for the assessment of
countervailing duties on entries of merchandise covered by the
determination and for deposits of estimated duties.
(9) Multiple reviews. Notwithstanding any other provision of this
section, if a review (or a request for a review) under paragraph (a),
(f), or (g) of this section covers merchandise of an exporter or
producer subject to a review (or to a request for a review) under
paragraph (j)(1) of this section, the Secretary may:
(i) Terminate, in whole or in part, a review in progress under this
section; or
(ii) Decline to commence, in whole or in part, a review under this
section.
16. Section 355.31 is amended by revising paragraphs (a)(1) and (c)
to read as follows:
Sec. 355.31 Submission of factual information.
(a) Time limits in general. (1) Except as provided in paragraphs
(a)(2) and (b) of this section, submissions of factual information for
the Secretary's consideration shall be submitted not later than:
(i) For the Secretary's final determination, the day before the
scheduled date on which the verification is to commence;
(ii) For the Secretary's final results of an administrative review
other than a review under Sec. 355.22(j), the earlier of the date of
publication of notice of preliminary results of review or 180 days
after the date of publication of notice of initiation of the review; or
(iii) For the Secretary's final results of an administrative review
under Sec. 355.22(j), the earlier of the date of publication of notice
of preliminary results of review or 120 days after the date of
publication of notice of initiation of the review.
* * * * *
(c) Time limits for allegations of subsidies. (1) Except for an
allegation of upstream subsidies submitted in an investigation (see
Secs. 355.15(d) and 355.20(b)), the Secretary will not consider any
subsidy allegation submitted by the petitioner or other interested
party, as defined in paragraph (i)(3), (i)(4), (i)(5), or (i)(6) of
Sec. 355.2, later than:
(i) In an investigation, 40 days before the scheduled date for the
Secretary's preliminary determination;
(ii) In an administrative review other than a review under
Sec. 355.22(j), 120 days after the date of publication of the notice of
initiation of the review; or
(iii) In an administrative review under Sec. 355.22(j), 60 days
after the date of publication of the notice of initiation of the
review.
(2) Any interested party may request in writing not later than the
time limits specified in paragraph (c)(1) of this section an extension
of those time limits. If the Assistant Secretary for Import
Administration concludes that an extension would facilitate the proper
administration of the law, the Assistant Secretary may grant an
extension of not longer than 10 days in an investigation or 30 days in
an administrative review.
* * * * *
17. Section 355.38 is amended by adding paragraph (i), to read as
follows:
Sec. 355.38 Written argument and hearings.
* * * * *
(i) Public comment on information. In any investigation or review
under this part, the Secretary will specify a date on which the
Secretary will cease collecting information and on which the Secretary
will release to parties that have participated in the investigation or
review all information on which the parties have not previously had an
opportunity to comment. Any such information that is business
proprietary information will be released to persons authorized to
obtain such information pursuant to Sec. 355.34. Parties shall have an
opportunity to file written comments on any information released to
them, and the date on which such comments must be filed will be
specified by the Secretary. The Secretary will disregard comments
containing new factual information.
18. A new section 355.40 is added to subpart C, to read as follows:
Sec. 355.40 Likelihood of continued subsidization; revocation under
section 753 of the Act.
(a) Notification of domestic interested parties. (1) As soon as
possible after the opportunity arises for requesting an investigation
under section 753 of the Act, the Secretary will:
(i) Notify domestic interested parties on the Department's service
list by first class mail or personal service of the opportunity to
request an injury investigation by the Commission; and
(ii) Publish in the Federal Register a notice informing domestic
interested parties of the opportunity to request an injury
investigation by the Commission.
(2) The notification provided for in paragraph (a)(1) of this
section will inform domestic interested parties of the opportunity to
request that reviews of outstanding antidumping orders or findings and
countervailing duty orders under section 751(c) of the Act involving
the same or comparable merchandise be expedited.
(3) For purposes of paragraph (a) of this section, ``domestic
interested parties'' means interested parties described in paragraphs
(i)(3), (i)(4), (i)(5), or (i)(6) of Sec. 355.2, or in section
771(9)(G) of the Act.
(b) Suspension of liquidation. (1) The Secretary will instruct the
Customs Service to suspend liquidation with respect to entries of
subject merchandise made on or after:
(i) In the case of an order described in section 753(a)(1(B)(i) of
the Act, the date on which the country described in section
753(a)(1)(A) of the Act becomes a Subsidies Agreement country within
the meaning of section 701(b) of the Act; or
(ii) In the case of an order described in section 753(a)(1)(B)(ii)
of the Act, the date on which such order is issued.
(2) Liquidation shall be suspended under paragraph (b)(1) of this
section at the cash deposit rate in effect on the date described in
paragraph (b)(1)(i) or (b)(1)(ii) of this section, whichever is
applicable.
(c) Net countervailable subsidy; nature of subsidy. The Secretary
will provide to the Commission the net countervailable subsidy that is
likely to prevail if the order is revoked. The Secretary will normally
choose a net countervailable subsidy that was determined under section
705 or subsection (a) or (b)(1) of section 751 of the Act. At the same
time, the Secretary also will inform the Commission of the nature of
the countervailable subsidy and whether the countervailable subsidy is
a subsidy described in Article 3 or Article 6.1 of the Subsidies
Agreement, as defined in section 771(8)(A) of the Act.
(d) Initiation and conduct of review.--(1) In general. Where the
Secretary deems it necessary in order to provide to the Commission the
information described in paragraph (c) of this section, the Secretary
will initiate a review of the countervailing duty order in question.
(2) Notice of initiation of review. Where the Secretary initiates a
review under paragraph (d)(1) of this section, the Secretary will
publish in the Federal Register a notice of ``Initiation of
Countervailing Duty Section 753 Review.''
(3) Conduct of review. Following the initiation of a review under
paragraph (d)(1) of this section, the Secretary will:
(i) If the Secretary considers it appropriate, send to interested
parties and other persons, or a sample of [[Page 25140]] interested
parties and other persons, questionnaires requesting factual
information for the review;
(ii) If the Secretary considers it appropriate, conduct a
verification under Sec. 355.36;
(iii) Issue, based on available information, preliminary results of
review that include the factual and legal conclusions on which the
preliminary results are based;
(iv) Publish in the Federal Register notice of ``Preliminary
Results of Countervailing Duty Section 753 Review,'' including an
invitation for argument consistent with Sec. 355.38;
(v) Promptly notify all parties to the proceeding of the
preliminary results, and provide to such parties which request
disclosure a future explanation of the calculation methodology used in
reaching the preliminary results;
(vi) Issue final results of review that include the factual and
legal conclusions on which the final results are based;
(vii) Publish in the Federal Register notice of ``Final Results of
Countervailing Duty Section 753 Review;'' and
(viii) Promptly notify all parties to the proceeding and the
Commission of the final results, and provide such parties which request
disclosure a further explanation of the calculation methodology used in
reaching the final results.
(e) Effect of affirmative Commission determination. Upon being
notified by the Commission that it has made an affirmative
determination under section 753(a)(1) of the Act:
(1) The Secretary will order the termination of the suspension of
liquidation required pursuant to paragraph (b) of this section; and
(2) The countervailing duty order shall remain in effect until
revoked, in whole or in part.
(f) Effect of negative Commission determination. Upon being
notified by the Commission that it has made a negative determination
under section 753(a)(1) of the Act, the Secretary will revoke the
countervailing duty order and refund, with interest, any estimated
countervailing duty collected during the period liquidation was
suspended pursuant to paragraph (b) of this section.
[FR Doc. 95-11582 Filed 5-10-95; 8:45 am]
BILLING CODE 3510-DS-M
