Notice of Intent to Modify Format of Antidumping/Countervailing Duty Federal Register Notices

DEPARTMENT OF COMMERCE

International Trade Administration

Notice of Intent to Modify Format of Antidumping/Countervailing

Duty Federal Register Notices

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Intent; Request for Comments.

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SUMMARY: The Department of Commerce is announcing its intent to modify

the manner in which its final determinations are made available to the

public. Due to the mounting costs of publishing complete determinations

in the Federal Register and wide-spread access to the World Wide Web,

Import Administration intends to post portions of its notices on the

Web simultaneously with the publication of a reduced-length Federal

Register notice. This also will meet Department of Commerce obligations

to make public the facts and conclusions of its determinations.

Published below is a sample format for both the newly revised Federal

Register notice as well as the generic format for documents we will

make available on the Internet. We invite public comment on this

proposal.

DATES: To be assured of consideration, written comments must be

received not later than September 15, 1998.

ADDRESSES: A signed original and six copies of each set of comments,

including reasons for any recommendation, along with a cover letter

identifying the commenter's name and address, should be submitted to

Robert S. LaRussa, Assistant Secretary for Import Administration,

Central Records Unit, Room 1870, U.S. Department of Commerce,

Pennsylvania Avenue and 14th Street, NW, Washington, D.C. 20230;

Attention: Internet Posting.

FOR FURTHER INFORMATION CONTACT: Laurie Parkhill, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th and Constitution Avenue, NW, Washington, D.C. 20230, at

(202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

This notice of intent deals with the format of antidumping/

countervailing duty Federal Register (FR) notices and the forum through

which they are made available to the public. The revised format of the

notice is intended to reduce substantially the length of a published

notice and, correspondingly, to reduce the costs associated with

publishing determinations. Under the current approach, publishing costs

for fiscal 1998 are projected to reach approximately $900,000 because a

published, final notice includes a complete discussion of all comments

we receive and an explanation of our positions with respect to these

comments. Comments and positions constitute the bulk of the notice. By

making the discussion of comments available in another public forum,

i.e., the World Wide Web, the length of the notice would be reduced in

some cases by over 80 percent, and publishing costs would drop

correspondingly.

Proposal

A reduction in publishing costs becomes possible when final

determinations are divided into at least two sections: (1) the notice

to be published in the FR; and (2) an ``Issues and Decision

Memorandum'' to be posted simultaneously on the Import Administration

(IA) Web page. If it is appropriate to convert other portions of the

final notice to a memorandum which can then be posted on the Web, e.g.,

a listing of prior scope determinations, we will do so.

The published notice will contain all fundamental information

relating to the Department's decisions, including margins, Department

contacts, deadlines, cash-deposit requirements, and, for administrative

reviews, the duty-assessment methodology. In addition, the notice will

state explicitly that the public can find a paper copy of the

discussion of the issues and, if applicable, other relevant memoranda

on file in the IA Central Records Unit, room B-099. The notice will

also provide the public with a Web address that will allow an

interested party access to the electronic version of these documents,

and it will contain an appendix that lists all issues that parties

raised in case briefs and/or other issues that are detailed in the

memoranda that are available on the Web.

The ``Issues and Decision Memorandum'' (Decision Memo) will contain

the complete discussion of issues raised in case and rebuttal briefs,

and it will be adopted and incorporated by reference into the notice we

publish in the FR. It will be identical in content to the current

Analysis of Comments section, which constitutes the bulk of expenditure

by IA for FR publications. Namely, the Decision Memo will be a memo

from a Deputy Assistant Secretary to the Assistant Secretary with

recommendations on positions for the Department to take in response to

the comments parties made after the preliminary analysis. The Decision

Memo will be available on the IA Web page simultaneously with the

publication of the notice in the FR. We will follow this approach for

all FR final notices regardless of the type of proceeding.

Accessibility of Information

Given that we will provide the Web address clearly in the published

FR notice where the public can find the relevant memoranda and the

pervasiveness of the Web in law firms and other businesses, interested

parties should not encounter any difficulty in locating this

information. Thus, our determinations will be as accessible to the

public as when the information is included in a traditionally published

FR notice. This also will meet the Department's obligations to make

public the facts and conclusions of its determinations in accordance

with section 771(i) of the Tariff Act of 1930, as amended.

Locating Memoranda on the Web

We will make the Decision Memo and, as applicable, other memoranda,

such as a scope memorandum, available on IA's Web page. These memos

will be located in the electronic library of IA documents. The majority

of the Internet address, ``www.ita.doc.gov/import__admin/records,''

will remain the same for each notice. The last part of the address will

contain, in order, the year the notice was published, followed by the

month it was published, followed by the letters ``frn.'' A notice

published in June 1998, for example, would have the address

``www.ita.doc.gov/import__admin/records/9806frn.'' This address will

take the user to a list of countries which contains electronic

[[Page 44838]]

links to all published IA notices and related memoranda for each case

pertaining to each country. Any special instructions parties might need

to locate pertinent memoranda will be in the FR notice.

The Department will provide links to relevant documents for each

order in the following sample format on the IA home page. Text in bold

represents links to the corresponding documents.

[A-XXX-XXX]

Product

1. Final Results of Antidumping Duty Administrative Review

2. Decision Memorandum

(Published 00/00/199X)

Request for Comment

The Department invites comments pertaining to its proposed formats

for a modified FR notice and the companion information to be posted on

the Web. Parties wishing to address these proposed formats should

submit a signed original and six copies of each set of comments to the

Assistant Secretary not later than September 15, 1998. All comments

will be available for public inspection and photocopying in the IA's

Central Records Unit, Room B-099, between the hours of 8:30 a.m. and

5:00 p.m. on business days.

Each person filing comments should include the submitter's name and

address, and give reasons for any recommendations. To facilitate the

Department's consideration of the comments, please submit them in the

following format: (1) make reference to the specific proposed document

to which the comment is directed; (2) begin each comment on a separate

page; (3) provide a brief summary of the comment (a maximum of three

sentences) and label this section ``Summary of the Comment;'' and (4)

concisely state the issue identified and discussed in the comment and

provide reasons for any recommendation.

To help simplify the processing and distribution of comments, the

Department requests the submission of comments in electronic form to

accompany the required paper copies. Comments filed in electronic form

should be on a DOS formatted 3.5'' diskette in either WordPerfect

format or a format that the WordPerfect program can convert and import

into WordPerfect. Please make each comment a separate file on the

diskette and name each separate file using the name of the proposed

document, i.e., ``Sample FR Document,'' ``Sample Decision Memo,'' and/

or ``General Comments.''

Comments received on diskette will be made available to the public

on the Web at the following address: ``http://www.ita.doc.gov/

import__admin/records/''. In addition, upon request, the Department

will make comments filed in electronic form available to the public on

3.5'' diskettes (at cost), with specific instructions for accessing

compressed data (if necessary). Any questions concerning file

formatting, document conversion, access on the Web, or other electronic

filing issues should be addressed to Andrew Lee Beller, IA Webmaster,

at (202) 482-0866 or via e-mail at [email protected].

Dated: August 14, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

Appendix I--Sample FR Document

This will be published in the FR. (Please note that this sample

reflects final results of an administrative review. All IA final

determinations will be subject to this modified format.)

DEPARTMENT OF COMMERCE

International Trade Administration

[Case Number]

(Product) from (Country); Final Results of Antidumping Duty

Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative

review.

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SUMMARY: On (date), the Department of Commerce published the

preliminary results of administrative review of the antidumping duty

order on (product) from (country). The merchandise covered by this

order is (brief description). The review covers (number)

manufacturers/exporters. The period of review is (date) through

(date).

Based on our analysis of the comments received, we have made

changes in the margin calculations. Therefore, the final results

differ from the preliminary results. The final weighted-average

dumping margins for the reviewed firms are listed below in the

section entitled ``Final Results of the Review.''

EFFECTIVE DATE: (Insert date of publication in the Federal Register)

FOR FURTHER INFORMATION CONTACT: (Analyst), Import Administration,

International Trade Administration, U.S. Department of Commerce,

Washington, D.C. 20230; telephone: (202) 482-XXXX.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions

effective January 1, 1995, the effective date of the amendments made

to the Act by the Uruguay Round Agreements Act (URAA). In addition,

unless otherwise indicated, all citations to the Department of

Commerce's (the Department's) regulations are to 19 CFR Part 351

(1998).

Background

On (date), the Department published the preliminary results of

administrative review of the antidumping duty order on (product)

from (country) (FR cite). The review covers (number) manufacturers/

exporters. The period of review (POR) is (date) through (date). We

invited parties to comment on our preliminary results of review. At

the request of certain interested parties, we held a public hearing

on (date). The Department has conducted this administrative review

in accordance with section 751 of the Act.

Scope of Review

The product covered by this review is (product) and

(description). For a detailed description of the products covered by

the order, including a compilation of all pertinent scope

determinations, see the ``Scope Memorandum,'' dated (date). This

public document can be found, in full, either in Import

Administration's Central Records Unit (Room B-099 of the main

Commerce building (hereafter, B-099)) or on the Worldwide Web (the

Web) at www.ita.doc.gov/import__admin/records/XXXXfrn, under the

heading ``(Applicable Country).'' The paper copy and electronic

version of the Scope Memorandum are identical in content.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties to

this administrative review are addressed in the ``Issues and

Decision Memorandum'' (Decision Memorandum) from (name), Deputy

Assistant Secretary, Import Administration, to Robert S. LaRussa,

Assistant Secretary for Import Administration, dated (date), which

is hereby adopted and incorporated by reference into this notice. A

list of the issues which parties have raised and to which we have

responded, all of which are in the Decision Memorandum, is attached

to this notice as an Appendix. Parties can find a complete

discussion of all issues raised in this review and the corresponding

recommendations in this public memorandum which is on file in B-099.

In addition, a complete version of the Decision Memorandum can be

accessed directly on the Web at www.ita.doc.gov/import_admin/

records/XXXXfrn, under the heading ``(Applicable Country).'' The

paper copy and electronic version of the Decision Memorandum are

identical in content.

Use of Facts Available (if necessary)

For a discussion of our application of facts available, see the

``Facts Available'' section of the Decision Memorandum, which is on

file in B-099 and available on the Web at www.ita.doc.gov/

import__admin/records/XXXXfrn, under the heading ``(Applicable

Country).''

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Sales Below Cost in the Home Market (where applicable)

The Department disregarded home market sales below cost for

(names of firms) in these final results of review.

Duty Absorption (where applicable)

We have determined that duty absorption has/has not occurred

with respect to (name of firm) with respect to (XX) percentage of

sales which this firm made through its U.S. affiliated party. For a

discussion of our determination with respect to this matter, see the

``Duty Absorption'' section of the Decision Memorandum, accessible

in B-099 and on the Web at www.ita.doc.gov/import__admin/records/

XXXXfrn, under the heading ``(Applicable Country).''

Changes Since the Preliminary Results

Based on our analysis of comments received, we have made certain

changes in the margin calculations. We have also corrected certain

programming and clerical errors in our preliminary results, where

applicable. Any alleged programming or clerical errors with which we

do not agree are discussed in the relevant sections of the

``Decision Memorandum,'' accessible in B-099 and on the Web at

www.ita.doc.gov/import__admin/records/XXXXfrn, under the heading

``(Applicable Country).''

Final Results of Review

We determine that the following percentage weighted-average

margins exist for the period (date) through (date):

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Margin

Manufacturer/exporter (percent)

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(Company Name)............................................. XX.XX

(Company Name)............................................. XX.XX

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The Department shall determine, and Customs shall assess,

antidumping duties on all appropriate entries. In accordance with 19

CFR 351.212(b), we have calculated exporter/importer-specific

assessment rates. With respect to both EP and CEP sales, we divided

the total dumping margins for the reviewed sales by the total

entered value of those reviewed sales for each importer. We will

direct Customs to assess the resulting percentage margins against

the entered Customs values for the subject merchandise on each of

that importer's entries under the relevant order during the review

period.

Cash Deposit Requirements

The following deposit requirements will be effective upon

publication of this notice of final results of administrative review

for all shipments of (product) from (country) entered, or withdrawn

from warehouse, for consumption on or after the date of publication,

as provided by section 751(a)(1) of the Act: (1) the cash deposit

rates for the reviewed companies will be the rates shown above

except that, for firms whose weighted-average margins are less than

0.5 percent and therefore de minimis, the Department shall require

no deposit of estimated antidumping duties; (2) for previously

reviewed or investigated companies not listed above, the cash

deposit rate will continue to be the company-specific rate published

for the most recent period; (3) if the exporter is not a firm

covered in this review, a prior review, or the original less-than-

fair-value (LTFV) investigation, but the manufacturer is, the cash

deposit rate will be the rate established for the most recent period

for the manufacturer of the merchandise; and (4) the cash deposit

rate for all other manufacturers or exporters will continue to be

(rate). This rate is the ``All Others'' rate from the LTFV

investigation.

These deposit requirements shall remain in effect until

publication of the final results of the next administrative review.

This notice also serves as a final reminder to importers of

their responsibility under 19 CFR 351.402(f) to file a certificate

regarding the reimbursement of antidumping duties prior to

liquidation of the relevant entries during this review period.

Failure to comply with this requirement could result in the

Secretary's presumption that reimbursement of antidumping duties

occurred and the subsequent assessment of doubled antidumping

duties.

This notice also serves as the only reminder to parties subject

to administrative protective orders (APO) of their responsibility

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 351.305 or conversion

to judicial protective order is hereby requested. Failure to comply

with the regulations and terms of an APO is a violation which is

subject to sanction.

We are issuing and publishing this determination and notice in

accordance with sections section 751(a)(1) and 771(i) of the Act.

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(Name) Assistant Secretary for Import Administration

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(Date)

Appendix II--Issues in Decision Memorandum (Sample)

(www.ita.doc.gov/import__admin/records/XXXXfrn, under the heading

(``Applicable Country''))

Comments and Responses

1. Facts Available

2. Discounts, Rebates, and Price Adjustments

3. Circumstance-of-Sale Adjustments

A. Technical Services and Warranty Expenses

B. Credit

C. Indirect Selling Expenses

4. Level of Trade

5. Cost of Production and Constructed Value

A. Cost-Test Methodology

B. Research and Development

C. Profit for Constructed Value

D. Affiliated-Party Inputs

E. Abnormally High Profits

F. Credit and Inventory Costs

G. Other Issues

6. Further Manufacturing

7. Packing and Movement Expenses

8. Affiliated Parties

9. Sample Sales and Prototypes/Zero Price Transactions

10. Export Price and Constructed Export Price

11. Programming and Clerical Errors

12. Duty Absorption

13. Reimbursement

14. Tooling Revenue

15. Cash Deposit Financing

16. Misscllaneous Issues

A. Ocean and Air Freight

B. Burden of Proof

C. HTS

D. Certification of Conformance of Past Practice

E. Pre-Existing Inventory

F. Inland Freight

G. Other Issues

Appendix III--Sample Decision Memo

This will be available on IA's Web page.

(Case Number) AR X/XX-X/XX Public Document

MEMORANDUM TO: (Name) Assistant Secretary for Import Administration

FROM: (Name) Deputy Assistant Secretary

SUBJECT: Issues and Decision Memorandum for the Administrative

Review of (product) from (country)--(date) through (date)

Summary

We have analyzed the comments and rebuttals of interested

parties in the (date) administrative review of the antidumping duty

order covering (product) form (country). As a result of our

analysis, we have made changes, including corrections of certain

inadvertent programming and clerical errors, in the margin

calculations. We recommend that you approve the positions we have

developed in the Discussion of the Issues section of this

memorandum. Below is the complete list of the issues in this

administrative review for which we received comments and rebuttals

by parties:

1. Facts Available

2. Discounts, Rebates, and Price Adjustments

3. Circumstance-of-Sale Adjustments

A. Technical Services and Warranty Expenses

B. Credit

C. Indirect Selling Expenses

4. Level of Trade

5. Cost of Production and Constructed Value

A. Cost-Test Methodology

B Research and Development

C. Profit for Constructed Value

D. Affiliated-Party Inputs

E. Abnormally High Profits

F. Credit and Inventory Costs

G. Other Issues

6. Further Manufacturing

7. Packing and Movement Expenses

8. Affiliated Parties

9. Sample Sales and Prototypes/Zero Price Transactions

10. Export Price and Constructed Export Price

11. Programming and Clerical Errors

12. Duty Absorption

13. Reimbursement

14. Tooling Revenue

15. Cash Deposit Financing

16. Miscellaneous Issues

A. Ocean and Air Freight

B. Burden of Proof

C. HTS

D. Certification of Conformance to Past Practice

E. Pre-Existing Inventory

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F. Inland Freight

G. Other Issues

Background

On (date), the Department of Commerce (the Department) published

the preliminary results of administrative review of the antidumping

duty order on (product) from (country). The merchandise covered by

this order is (description). The period of review (POR) is (date)

through (date). We invited parties to comment on our preliminary

results of review. At the request of certain interested parties, we

held a public hearing on (date).

Discussion of the Issues

1. Facts Available

Comment 1:

Department's Position:

2. Discounts, Rebates, and Price Adjustments

Comment 1:

Department's Position:

3. Circumstance-of-Sale Adjustments

Comment 1:

Department's Position:

* * * * *

Recommendation

Based on our analysis of the comments received, we recommend

adopting all of the above positions and adjusting all related margin

calculations accordingly. If these recommendations are accepted, we

will publish the final results of review and the final weighted-

average dumping margins for all reviewed firms in the Federal

Register.

AGREE____

DISAGREE____

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(Name) Assistant Secretary for Import Administration

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(Date)

[FR Doc. 98-22547 Filed 8-20-98; 8:45 am]

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