Antidumping and Countervailing Duties

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