[Federal Register: May 19, 1997 (Rules and Regulations)]
[Page 27396-27424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my97-18]
 
[[pp. 27396-27424]] Antidumping Duties; Countervailing Duties

[[Continued from page 27395]]

[[Page 27396]]

    (2) Countervailing duty proceeding. In a countervailing duty 
proceeding, the period of review for a new shipper review under this 
section will be the same period as that specified in Sec. 351.213(e)(2) 
for an administrative review.
    (h) Procedures. The Secretary will conduct a new shipper review 
under this section in accordance with Sec. 351.221.
    (i) Time limits. (1) In general. Unless the time limit is waived 
under paragraph (j)(3) of this section, the Secretary will issue 
preliminary results of review (see Sec. 351.221(b)(4)) within 180 days 
after the date on which the new shipper review was initiated, and final 
results of review (see Sec. 351.221(b)(5)) within 90 days after the 
date on which the preliminary results were issued.
    (2) Exception. If the Secretary concludes that a new shipper review 
is extraordinarily complicated, the Secretary may extend the 180-day 
period to 300 days, and may extend the 90-day period to 150 days.
    (j) Multiple reviews. Notwithstanding any other provision of this 
subpart, if a review (or a request for a review) under Sec. 351.213 
(administrative review), Sec. 351.214 (new shipper review), 
Sec. 351.215 (expedited antidumping review), or Sec. 351.216 (changed 
circumstances review) covers merchandise of an exporter or producer 
subject to a review (or to a request for a review) under this section, 
the Secretary may, after consulting with the exporter or producer:
    (1) Rescind, in whole or in part, a review in progress under this 
subpart;
    (2) Decline to initiate, in whole or in part, a review under this 
subpart; or
    (3) Where the requesting party agrees in writing to waive the time 
limits of paragraph (i) of this section, conduct concurrent reviews, in 
which case all other provisions of this section will continue to apply 
with respect to the exporter or producer.
    (k) Expedited reviews in countervailing duty proceedings for 
noninvestigated exporters. (1) Request for review. If, in a 
countervailing duty investigation, the Secretary limited the number of 
exporters or producers to be individually examined under section 
777A(e)(2)(A) of the Act, an exporter that the Secretary did not select 
for individual examination or that the Secretary did not accept as a 
voluntary respondent (see Sec. 351.204(d)) may request a review under 
this paragraph (k). An exporter must submit a request for review within 
30 days of the date of publication in the Federal Register of the 
countervailing duty order. A request must be accompanied by a 
certification that:
    (i) The requester exported the subject merchandise to the United 
States during the period of investigation;
    (ii) The requester is not affiliated with an exporter or producer 
that the Secretary individually examined in the investigation; and
    (iii) The requester has informed the government of the exporting 
country that the government will be required to provide a full response 
to the Department's questionnaire.
    (2) Initiation of review. (i) In general. The Secretary will 
initiate a review in the month following the month in which a request 
for review is due under paragraph (k)(1) of this section.
    (ii) Example. The Secretary publishes a countervailing duty order 
on January 15. An exporter would have to submit a request for a review 
by February 14. The Secretary would initiate a review in March.
    (3) Conduct of review. The Secretary will conduct a review under 
this paragraph (k) in accordance with the provisions of this section 
applicable to new shipper reviews, subject to the following exceptions:
    (i) The period of review will be the period of investigation used 
by the Secretary in the investigation that resulted in the publication 
of the countervailing duty order (see Sec. 351.204(b)(2));
    (ii) The Secretary will not permit the posting of a bond or 
security in lieu of a cash deposit under paragraph (e) of this section;
    (iii) The final results of a review under this paragraph (k) will 
not be the basis for the assessment of countervailing duties; and
    (iv) The Secretary may exclude from the countervailing duty order 
in question any exporter for which the Secretary determines an 
individual net countervailable subsidy rate of zero or de minimis (see 
Sec. 351.204(e)(1)), provided that the Secretary has verified the 
information on which the exclusion is based.
    (l) Exception from assessment in regional industry cases. For 
procedures relating to a request for the exception from the assessment 
of antidumping or countervailing duties in a regional industry case, 
see Sec. 351.212(f).


Sec. 351.215  Expedited antidumping review and security in lieu of 
estimated duty under section 736(c) of the Act.

    (a) Introduction. Exporters and producers individually examined in 
an investigation normally cannot obtain a review of entries until an 
administrative review is requested. In addition, when an antidumping 
order is published, importers normally must begin to make a cash 
deposit of estimated antidumping duties upon the entry of subject 
merchandise. Section 736(c), however, establishes a special procedure 
under which exporters or producers may request an expedited review, and 
bonds, rather than cash deposits, may continue to be posted for a 
limited period of time if several criteria are satisfied. This section 
contains rules regarding requests for expedited antidumping reviews and 
the procedures applicable to such reviews.
    (b) In general. If the Secretary determines that the criteria of 
section 736(c)(1) of the Act are satisfied, the Secretary:
    (1) May permit, for not more than 90 days after the date of 
publication of an antidumping order, the posting of a bond or other 
security instead of the deposit of estimated antidumping duties 
required under section 736(a)(3) of the Act; and
    (2) Will initiate an expedited antidumping review. Before making 
such a determination, the Secretary will make business proprietary 
information available, and will provide interested parties with an 
opportunity to file written comments, in accordance with section 
736(c)(4) of the Act.
    (c) Procedures. The Secretary will conduct an expedited antidumping 
review under this section in accordance with Sec. 351.221.


Sec. 351.216  Changed circumstances review under section 751(b) of the 
Act.

    (a) Introduction. Section 751(b) of the Act provides for what is 
known as a ``changed circumstances'' review. This section contains 
rules regarding requests for changed circumstances reviews and 
procedures for conducting such reviews.
    (b) Requests for changed circumstances review. At any time, an 
interested party may request a changed circumstances review, under 
section 751(b) of the Act, of an order or a suspended investigation. 
Within 45 days after the date on which a request is filed, the 
Secretary will determine whether to initiate a changed circumstances 
review.
    (c) Limitation on changed circumstances review. Unless the 
Secretary finds that good cause exists, the Secretary will not review a 
final determination in an investigation (see section 705(a) or section 
735(a) of the Act) or a suspended investigation (see section 704 or 
section 734 of the Act) less than 24 months after the date of 
publication of notice of the final determination or the suspension of 
the investigation.

[[Page 27397]]

    (d) Procedures. If the Secretary decides that changed circumstances 
sufficient to warrant a review exist, the Secretary will conduct a 
changed circumstances review in accordance with Sec. 351.221.
    (e) Time limits. The Secretary will issue final results of review 
(see Sec. 351.221(b)(5)) within 270 days after the date on which the 
changed circumstances review is initiated, or within 45 days if all 
parties to the proceeding agree to the outcome of the review.


Sec. 351.217  Reviews to implement results of subsidies enforcement 
proceeding under section 751(g) of the Act.

    (a) Introduction. Section 751(g) provides a mechanism for 
incorporating into an ongoing countervailing duty proceeding the 
results of certain subsidy-related disputes under the WTO Subsidies 
Agreement. Where the United States, in the WTO, has successfully 
challenged the ``nonactionable'' (e.g., noncountervailable) status of a 
foreign subsidy, or where the United States has successfully challenged 
a prohibited or actionable subsidy, the Secretary may conduct a review 
to determine the effect, if any, of the successful outcome on an 
existing countervailing duty order or suspended investigation. This 
section contains rules regarding the initiation and conduct of reviews 
under section 751(g).
    (b) Violations of Article 8 of the Subsidies Agreement. If:
    (1) The Secretary receives notice from the Trade Representative of 
a violation of Article 8 of the Subsidies Agreement;
    (2) The Secretary has reason to believe that merchandise subject to 
an existing countervailing duty order or suspended investigation is 
benefiting from the subsidy or subsidy program found to have been in 
violation of Article 8; and
    (3) No administrative review is in progress, the Secretary will 
initiate an Article 8 violation review of the order or suspended 
investigation to determine whether the subject merchandise benefits 
from the subsidy or subsidy program found to have been in violation of 
Article 8 of the Subsidies Agreement.
    (c) Withdrawal of subsidy or imposition of countermeasures. If the 
Trade Representative notifies the Secretary that, under Article 4 or 
Article 7 of the Subsidies Agreement:
    (1)(i)(A) The United States has imposed countermeasures; and
    (B) Such countermeasures are based on the effects in the United 
States of imports of merchandise that is the subject of a 
countervailing duty order; or
    (ii) A WTO member country has withdrawn a countervailable subsidy 
provided with respect to merchandise subject to a countervailing duty 
order, then
    (2) The Secretary will initiate an Article 4/Article 7 review of 
the order to determine if the amount of estimated duty to be deposited 
should be adjusted or the order should be revoked.
    (d) Procedures. The Secretary will conduct an Article 8 violation 
review or an Article 4/Article 7 review under this section in 
accordance with Sec. 351.221.
    (e) Expedited reviews. The Secretary will conduct reviews under 
this section on an expedited basis.


Sec. 351.218  Sunset reviews under section 751(c) of the Act.

    (a) Introduction. The URAA added a new procedure, commonly referred 
to as ``sunset reviews,'' in section 751(c) of the Act. In general, no 
later than once every five years, the Secretary must determine whether 
dumping or countervailable subsidies would be likely to continue or 
resume if an order were revoked or a suspended investigation were 
terminated. The Commission must conduct a similar review to determine 
whether injury would be likely to continue or resume in the absence of 
an order or suspended investigation. If the determinations under 
section 751(c) of both the Secretary and the Commission are 
affirmative, the order (or suspended investigation) remains in place. 
If either determination is negative, the order will be revoked (or the 
suspended investigation will be terminated). This section contains 
rules regarding the procedures for sunset reviews.
    (b) In general. The Secretary will conduct a sunset review, under 
section 751(c) of the Act, of each antidumping and countervailing duty 
order and suspended investigation, and, under section 752(b) or section 
752(c) (whichever is applicable), will determine whether revocation of 
an antidumping or countervailing duty order or termination of a 
suspended investigation would be likely to lead to continuation or 
recurrence of dumping or a countervailable subsidy.
    (c) Notice of initiation of review; early initiation. (1) Initial 
sunset review. No later than 30 days before the fifth anniversary date 
of an order or suspension of an investigation (see section 751(c)(1) of 
the Act), the Secretary will publish a notice of initiation of a sunset 
review (see section 751(c)(2) of the Act).
    (2) Subsequent sunset reviews. In the case of an order or suspended 
investigation that is continued following a sunset review initiated 
under paragraph (c)(1) of this section, no later than 30 days before 
the fifth anniversary of the date of the last determination by the 
Commission to continue the order or suspended investigation, the 
Secretary will publish a notice of initiation of a sunset review (see 
section 751(c)(2) of the Act).
    (3) Early initiation. The Secretary may publish a notice of 
initiation at an earlier date than the dates described in paragraph (c) 
(1) and (2) of this section if a domestic interested party demonstrates 
to the Secretary's satisfaction that an early initiation would promote 
administrative efficiency. However, if the Secretary determines that 
the domestic interested party that requested early initiation is a 
related party or an importer under section 771(4)(B) of the Act and 
Sec. 351.203(e)(4), the Secretary may decline the request for early 
initiation.
    (4) Transition orders. The Secretary will initiate sunset reviews 
of transition orders, as defined in section 751(c)(6)(C) of the Act, in 
accordance with section 751(c)(6) of the Act.
    (d) Conduct of review. Upon receipt of responses to the notice of 
initiation that the Secretary deems adequate to conduct a sunset 
review, the Secretary will conduct a sunset review in accordance with 
Sec. 351.221.
    (e) Time limits. (1) In general. Unless the review has been 
completed under section 751(c)(3) of the Act (no or inadequate 
response) or, under section 751(c)(4)(B) of the Act, all respondent 
interested parties waived their participation in the Secretary's sunset 
review, the Secretary will issue final results of review within 240 
days after the date on which the review was initiated. If the Secretary 
concludes that the sunset review is extraordinarily complicated (see 
section 751(c)(5)(C) of the Act), the Secretary may extend the period 
for issuing final results by not more than 90 days.
    (2) Transition orders. The time limits described in paragraph 
(e)(1) of this section will not apply to a sunset review of a 
transition order (see section 751(c)(6) of the Act).


Sec. 351.219  Reviews of countervailing duty orders in connection with 
an investigation under section 753 of the Act.

    (a) Introduction. Section 753 of the Act is a transition provision 
for countervailing duty orders that were issued under section 303 of 
the Act without an injury determination by the Commission. Under the 
Subsidies Agreement, one country may not impose countervailing duties 
on imports from another WTO Member without first

[[Page 27398]]

making a determination that such imports have caused injury to a 
domestic industry. Section 753 provides a mechanism for providing an 
injury test with respect to those ``no-injury'' orders under section 
303 that apply to merchandise from WTO Members. This section contains 
rules regarding requests for section 753 investigations by a domestic 
interested party; and the procedures that the Department will follow in 
reviewing a countervailing duty order and providing the Commission with 
advice regarding the amount and nature of a countervailable subsidy.
    (b) Notification of domestic interested parties. The Secretary will 
notify directly domestic interested parties as soon as possible after 
the opportunity arises for requesting an investigation by the 
Commission under section 753 of the Act.
    (c) Initiation and conduct of section 753 review. Where the 
Secretary deems it necessary in order to provide to the Commission 
information on the amount or nature of a countervailable subsidy (see 
section 753(b)(2) of the Act), the Secretary may initiate a section 753 
review of the countervailing duty order in question. The Secretary will 
conduct a section 753 review in accordance with Sec. 351.221.


Sec. 351.220  Countervailing duty review at the direction of the 
President under section 762 of the Act.

    At the direction of the President or a designee, the Secretary will 
conduct a review under section 762(a)(1) of the Act to determine if a 
countervailable subsidy is being provided with respect to merchandise 
subject to an understanding or other kind of quantitative restriction 
agreement accepted under section 704(a)(2) or section 704(c)(3) of the 
Act. The Secretary will conduct a review under this section in 
accordance with Sec. 351.221. If the Secretary's final results of 
review under this section and the Commission's final results of review 
under section 762(a)(2) of the Act are both affirmative, the Secretary 
will issue a countervailing duty order and order suspension of 
liquidation in accordance with section 762(b) of the Act.


Sec. 351.221  Review procedures.

    (a) Introduction. The procedures for reviews are similar to those 
followed in investigations. This section details the procedures 
applicable to reviews in general, as well as procedures that are unique 
to certain types of reviews.
    (b) In general. After receipt of a timely request for a review, or 
on the Secretary's own initiative when appropriate, the Secretary will:
    (1) Promptly publish in the Federal Register notice of initiation 
of the review;
    (2) Before or after publication of notice of initiation of the 
review, send to appropriate interested parties or other persons (or, if 
appropriate, a sample of interested parties or other persons) 
questionnaires requesting factual information for the review;
    (3) Conduct, if appropriate, a verification under Sec. 351.307;
    (4) Issue preliminary results of review, based on the available 
information, and publish in the Federal Register notice of the 
preliminary results of review that include:
    (i) the rates determined, if the review involved the determination 
of rates; and
    (ii) an invitation for argument consistent with Sec. 351.309;
    (5) Issue final results of review and publish in the Federal 
Register notice of the final results of review that include the rates 
determined, if the review involved the determination of rates;
    (6) If the type of review in question involves a determination as 
to the amount of duties to be assessed, promptly after publication of 
the notice of final results instruct the Customs Service to assess 
antidumping duties or countervailing duties (whichever is applicable) 
on the subject merchandise covered by the review, except as otherwise 
provided in Sec. 351.106(c) with respect to de minimis duties; and
    (7) If the review involves a revision to the cash deposit rates for 
estimated antidumping duties or countervailing duties, instruct the 
Customs Service to collect cash deposits at the revised rates on future 
entries.
    (c) Special rules. (1) Administrative reviews and new shipper 
reviews. In an administrative review under section 751(a)(1) of the Act 
and Sec. 351.213 and a new shipper review under section 751(a)(2)(B) of 
the Act and Sec. 351.214 the Secretary:
    (i) Will publish the notice of initiation of the review no later 
than the last day of the month following the anniversary month or the 
semiannual anniversary month (as the case may be); and
    (ii) Normally will send questionnaires no later than 30 days after 
the date of publication of the notice of initiation.
    (2) Expedited antidumping review. In an expedited antidumping 
review under section 736(c) of the Act and Sec. 351.215, the Secretary:
    (i) Will include in the notice of initiation of the review an 
invitation for argument consistent with Sec. 351.309, and a statement 
that the Secretary is permitting the posting of a bond or other 
security instead of a cash deposit of estimated antidumping duties;
    (ii) Will instruct the Customs Service to accept, instead of the 
cash deposit of estimated antidumping duties under section 736(a)(3) of 
the Act, a bond for each entry of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the notice of initiation of the investigation and 
through the date not later than 90 days after the date of publication 
of the order; and
    (iii) Will not issue preliminary results of review.
    (3) Changed circumstances review. In a changed circumstances review 
under section 751(b) of the Act and Sec. 351.216, the Secretary:
    (i) Will include in the preliminary results of review and the final 
results of review a description of any action the Secretary proposed 
based on the preliminary or final results;
    (ii) May combine the notice of initiation of the review and the 
preliminary results of review in a single notice if the Secretary 
concludes that expedited action is warranted; and
    (iii) May refrain from issuing questionnaires under paragraph 
(b)(2) of this section.
    (4) Article 8 Violation review and Article 4/Article 7 review. In 
an Article 8 Violation review or an Article 4/Article 7 review under 
section 751(g) of the Act and Sec. 351.217, the Secretary:
    (i) Will include in the notice of initiation of the review an 
invitation for argument consistent with Sec. 351.309 and will notify 
all parties to the proceeding at the time the Secretary initiates the 
review;
    (ii) Will not issue preliminary results of review; and
    (iii) In the final results of review will indicate the amount, if 
any, by which the estimated duty to be deposited should be adjusted, 
and, in an Article 4/Article 7 review, any action, including 
revocation, that the Secretary will take based on the final results.
    (5) Sunset review. In a sunset review under section 751(c) of the 
Act and Sec. 351.218:
    (i) The notice of initiation of the review will contain a request 
for the information described in section 751(c)(2) of the Act; and
    (ii) The Secretary, without issuing preliminary results of review, 
may issue final results of review under paragraphs (3) or (4) of 
subsection 751(c) of the Act if the conditions of those paragraphs are 
satisfied.
    (6) Section 753 review. In a section 753 review under section 753 
of the Act and Sec. 351.219, the Secretary:

[[Page 27399]]

    (i) Will include in the notice of initiation of the review an 
invitation for argument consistent with Sec. 351.309, and will notify 
all parties to the proceeding at the time the Secretary initiates the 
review; and
    (ii) May decline to issue preliminary results of review.
    (7) Countervailing duty review at the direction of the President. 
In a countervailing duty review at the direction of the President under 
section 762 of the Act and Sec. 351.220, the Secretary will:
    (i) Include in the notice of initiation of the review a description 
of the merchandise, the period under review, and a summary of the 
available information which, if accurate, would support the imposition 
of countervailing duties;
    (ii) Notify the Commission of the initiation of the review and the 
preliminary results of review;
    (iii) Include in the preliminary results of review the 
countervailable subsidy, if any, during the period of review and a 
description of official changes in the subsidy programs made by the 
government of the affected country that affect the estimated 
countervailable subsidy; and
    (iv) Include in the final results of review the countervailable 
subsidy, if any, during the period of review and 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 estimated countervailable 
subsidy.


Sec. 351.222  Revocation of orders; termination of suspended 
investigations.

    (a) Introduction. ``Revocation'' is a term of art that refers to 
the end of an antidumping or countervailing proceeding in which an 
order has been issued. ``Termination'' is the companion term for the 
end of a proceeding in which the investigation was suspended due to the 
acceptance of a suspension agreement. Generally, a revocation or 
termination may occur only after the Department or the Commission have 
conducted one or more reviews under section 751 of the Act. This 
section contains rules regarding requirements for a revocation or 
termination; and procedures that the Department will follow in 
determining whether to revoke an order or terminate a suspended 
investigation.
    (b) Revocation or termination based on absence of dumping. (1) The 
Secretary may revoke an antidumping order or terminate a suspended 
antidumping investigation if the Secretary concludes that:
    (i) All exporters and producers covered at the time of revocation 
by the order or the suspension agreement have sold the subject 
merchandise at not less than normal value for a period of at least 
three consecutive years; and
    (ii) It is not likely that those persons will in the future sell 
the subject merchandise at less than normal value.
    (2) The Secretary may revoke an antidumping order in part if the 
Secretary concludes that:
    (i) One or more exporters or producers covered by the order have 
sold the merchandise at not less than normal value for a period of at 
least three consecutive years;
    (ii) It is not likely that those persons will in the future sell 
the subject merchandise at less than normal value; and
    (iii) For any exporter or producer that the Secretary previously 
has determined to have sold the subject merchandise at less than normal 
value, the exporter or producer agrees in writing to its immediate 
reinstatement in the order, as long as any exporter or producer is 
subject to the order, if the Secretary concludes that the exporter or 
producer, subsequent to the revocation, sold the subject merchandise at 
less than normal value.
    (3) Revocation of nonproducing exporter. In the case of an exporter 
that is not the producer of subject merchandise, the Secretary normally 
will revoke an order in part under paragraph (b)(2) of this section 
only with respect to subject merchandise produced or supplied by those 
companies that supplied the exporter during the time period that formed 
the basis for the revocation.
    (c) Revocation or termination based on absence of countervailable 
subsidy. (1) The Secretary may revoke a countervailing duty order or 
terminate a suspended countervailing duty investigation if the 
Secretary concludes that:
    (i) The government of the affected country has eliminated all 
countervailable subsidies on the subject merchandise by abolishing for 
the subject merchandise, for a period of at least three consecutive 
years, all programs that the Secretary has found countervailable;
    (ii) It is not likely that the government of the affected country 
will in the future reinstate for the subject merchandise those programs 
or substitute other countervailable programs; and
    (iii) Exporters and producers of the subject merchandise are not 
continuing to receive any net countervailable subsidy from an abolished 
program referred to in paragraph (c)(1)(i) of this section.
    (2) The Secretary may revoke a countervailing duty order or 
terminate a suspended countervailing duty investigation if the 
Secretary concludes that:
    (i) All exporters and producers covered at the time of revocation 
by the order or the suspension agreement have not applied for or 
received any net countervailable subsidy on the subject merchandise for 
a period of at least five consecutive years; and
    (ii) It is not likely that those persons will in the future apply 
for or receive any net countervailable subsidy on the subject 
merchandise from those programs the Secretary has found countervailable 
in any proceeding involving the affected country or from other 
countervailable programs.
    (3) The Secretary may revoke a countervailing duty order in part if 
the Secretary concludes that:
    (i) One or more exporters or producers covered by the order have 
not applied for or received any net countervailable subsidy on the 
subject merchandise for a period of at least five consecutive years;
    (ii) It is not likely that those persons will in the future apply 
for or receive any net countervailable subsidy on the subject 
merchandise from those programs the Secretary has found countervailable 
in any proceeding involving the affected country or from other 
countervailable programs; and
    (iii) Except for exporters or producers that the Secretary 
previously has determined have not received any net countervailable 
subsidy on the subject merchandise, the exporters or producers agree in 
writing to their immediate reinstatement in the order, as long as any 
exporter or producer is subject to the order, if the Secretary 
concludes that the exporter or producer, subsequent to the revocation, 
has received any net countervailable subsidy on the subject 
merchandise.
    (4) Revocation of nonproducing exporter. In the case of an exporter 
that is not the producer of subject merchandise, the Secretary normally 
will revoke an order in part under paragraph (c)(3) of this section 
only with respect to subject merchandise produced or supplied by those 
companies that supplied the exporter during the time period that formed 
the basis for the revocation.
    (d) Treatment of unreviewed intervening years. (1) In general. The 
Secretary will not revoke an order or terminate a suspended 
investigation under paragraphs (b) or (c) of this section unless the 
Secretary has

[[Page 27400]]

conducted a review under this subpart of the first and third (or fifth) 
years of the three-and five-year consecutive time periods referred to 
in those paragraphs. The Secretary need not have conducted a review of 
an intervening year (see paragraph (d)(2) of this section). However, 
except in the case of a revocation or termination under paragraph 
(c)(1) of this section (government abolition of countervailable subsidy 
programs), before revoking an order or terminating a suspended 
investigation, the Secretary must be satisfied that, during each of the 
three (or five) years, there were exports to the United States in 
commercial quantities of the subject merchandise to which a revocation 
or termination will apply.
    (2) Intervening year. ``Intervening year'' means any year between 
the first and final year of the consecutive period on which revocation 
or termination is conditioned.
    (e) Request for revocation or termination. (1) Antidumping 
proceeding. During the third and subsequent annual anniversary months 
of the publication of an antidumping order or suspension of an 
antidumping investigation, an exporter or producer may request in 
writing that the Secretary revoke an order or terminate a suspended 
investigation under paragraph (b) of this section with regard to that 
person if the person submits with the request:
    (i) The person's certification that the person sold the subject 
merchandise at not less than normal value during the period of review 
described in Sec. 351.213(e)(1), and that in the future the person will 
not sell the merchandise at less than normal value;
    (ii) the person's certification that, during each of the 
consecutive years referred to in paragraph (b) of this section, the 
person sold the subject merchandise to the United States in commercial 
quantities; and
    (iii) If applicable, the agreement regarding reinstatement in the 
order or suspended investigation described in paragraph (b)(2)(iii) of 
this section.
    (2) Countervailing duty proceeding. (i) During the third and 
subsequent annual anniversary months of the publication of a 
countervailing duty order or suspension of a countervailing duty 
investigation, the government of the affected country may request in 
writing that the Secretary revoke an order or terminate a suspended 
investigation under paragraph (c)(1) of this section if the government 
submits with the request its certification that it has satisfied, 
during the period of review described in Sec. 351.213(e)(2), the 
requirements of paragraph (c)(1)(i) of this section regarding the 
abolition of countervailable subsidy programs, and that it will not 
reinstate for the subject merchandise those programs or substitute 
other countervailable subsidy programs;
    (ii) During the fifth and subsequent annual anniversary months of 
the publication of a countervailing duty order or suspended 
countervailing duty investigation, the government of the affected 
country may request in writing that the Secretary revoke an order or 
terminate a suspended investigation under paragraph (c)(2) of this 
section if the government submits with the request:
    (A) Certifications for all exporters and producers covered by the 
order or suspension agreement that they have not applied for or 
received any net countervailable subsidy on the subject merchandise for 
a period of at least five consecutive years (see paragraph (c)(2)(i) of 
this section);
    (B) Those exporters' and producers' certifications that they will 
not apply for or receive any net countervailable subsidy on the subject 
merchandise from any program the Secretary has found countervailable in 
any proceeding involving the affected country or from other 
countervailable programs (see paragraph (c)(2)(ii) of this section); 
and
    (C) A certification from each exporter or producer that, during 
each of the consecutive years referred to in paragraph (c)(2) of this 
section, that person sold the subject merchandise to the United States 
in commercial quantities; or
    (iii) During the fifth and subsequent annual anniversary months of 
the publication of a countervailing duty order, an exporter or producer 
may request in writing that the Secretary revoke the order with regard 
to that person if the person submits with the request:
    (A) A certification that the person has not applied for or received 
any net countervailable subsidy on the subject merchandise for a period 
of at least five consecutive years (see paragraph (c)(3)(i) of this 
section), including calculations demonstrating the basis for the 
conclusion that the person received zero or de minimis net 
countervailable subsidies during the review period of the 
administrative review in connection with which the person has submitted 
the request for revocation;
    (B) A certification that the person will not apply for or receive 
any net countervailable subsidy on the subject merchandise from any 
program the Secretary has found countervailable in any proceeding 
involving the affected country or from other countervailable programs 
(see paragraph (c)(3)(ii) of this section);
    (C) The person's certification that, during each of the consecutive 
years referred to in paragraph (c)(3) of this section, the person sold 
the subject merchandise to the United States in commercial quantities; 
and
    (D) The agreement described in paragraph (c)(3)(iii) of this 
section (reinstatement in order).
    (f) Procedures. (1) Upon receipt of a timely request for revocation 
or termination under paragraph (e) of this section, the Secretary will 
consider the request as including a request for an administrative 
review and will initiate and conduct a review under Sec. 351.213.
    (2) In addition to the requirements of Sec. 351.221 regarding the 
conduct of an administrative review, the Secretary will:
    (i) Publish with the notice of initiation under Sec. 351.221(b)(1), 
notice of ``Request for Revocation of Order (in part)'' or ``Request 
for Termination of Suspended Investigation'' (whichever is applicable);
    (ii) Conduct a verification under Sec. 351.307;
    (iii) Include in the preliminary results of review under 
Sec. 351.221(b)(4) the Secretary's decision whether there is a 
reasonable basis to believe that the requirements for revocation or 
termination are met;
    (iv) If the Secretary decides that there is a reasonable basis to 
believe that the requirements for revocation or termination are met, 
publish with the notice of preliminary results of review under 
Sec. 351.221(b)(4) notice of ``Intent to Revoke Order (in Part)'' or 
``Intent to Terminate Suspended Investigation'' (whichever is 
applicable);
    (v) Include in the final results of review under Sec. 351.221(b)(5) 
the Secretary's final decision whether the requirements for revocation 
or termination are met; and
    (vi) If the Secretary determines that the requirements for 
revocation or termination are met, publish with the notice of final 
results of review under Sec. 351.221(b)(5) notice of ``Revocation of 
Order (in Part)'' or ``Termination of Suspended Investigation'' 
(whichever is applicable).
    (3) If the Secretary revokes an order in whole or in part, the 
Secretary will order the suspension of liquidation terminated for the 
merchandise covered by the revocation on the first day after the period 
under review, and will instruct the Customs Service to release any cash 
deposit or bond.
    (g) Revocation or termination based on changed circumstances. (1) 
The

[[Page 27401]]

Secretary may revoke an order, in whole or in part, or terminate a 
suspended investigation if the Secretary concludes that:
    (i) Producers accounting for substantially all of the production of 
the domestic like product to which the order (or the part of the order 
to be revoked) or suspended investigation pertains have expressed a 
lack of interest in the order, in whole or in part, or suspended 
investigation (see section 782(h) of the Act); or
    (ii) Other changed circumstances sufficient to warrant revocation 
or termination exist.
    (2) If at any time the Secretary concludes from the available 
information that changed circumstances sufficient to warrant revocation 
or termination may exist, the Secretary will conduct a changed 
circumstances review under Sec. 351.216.
    (3) In addition to the requirements of Sec. 351.221, the Secretary 
will:
    (i) Publish with the notice of initiation (see Sec. 353.221(b)(1), 
notice of ``Consideration of Revocation of Order (in Part)'' or 
``Consideration of Termination of Suspended Investigation'' (whichever 
is applicable);
    (ii) If the Secretary's conclusion regarding the possible existence 
of changed circumstances (see paragraph (g)(2) of this section), is not 
based on a request, the Secretary, not later than the date of 
publication of the notice of ``Consideration of Revocation of Order (in 
Part)'' or ``Consideration of Termination of Suspended Investigation'' 
(whichever is applicable) (see paragraph (g)(3)(i) of this section), 
will serve written notice of the consideration of revocation or 
termination on each interested party listed on the Department's service 
list and on any other person that the Secretary has reason to believe 
is a domestic interested party;
    (iii) Conduct a verification, if appropriate, under Sec. 351.307;
    (iv) Include in the preliminary results of review, under 
Sec. 351.221(b)(4), the Secretary's decision whether there is a 
reasonable basis to believe that changed circumstances warrant 
revocation or termination;
    (v) If the Secretary's preliminary decision is that changed 
circumstances warrant revocation or termination, publish with the 
notice of preliminary results of review, under Sec. 351.221(b)(4), 
notice of ``Intent to Revoke Order (in Part)'' or ``Intent to Terminate 
Suspended Investigation'' (whichever is applicable);
    (vi) Include in the final results of review, under 
Sec. 351.221(b)(5), the Secretary's final decision whether changed 
circumstances warrant revocation or termination; and
    (vii) If the Secretary's determines that changed circumstances 
warrant revocation or termination, publish with the notice of final 
results of review, under Sec. 351.221(b)(5), notice of ``Revocation of 
Order (in Part)'' or ``Termination of Suspended Investigation'' 
(whichever is applicable).
    (4) If the Secretary revokes an order, in whole or in part, under 
paragraph (g) of this section, the Secretary will order the suspension 
of liquidation ended for the merchandise covered by the revocation on 
the effective date of the notice of revocation, and will instruct the 
Customs Service to release any cash deposit or bond.
    (h) Revocation or termination based on injury reconsideration. If 
the Commission determines in a changed circumstances review under 
section 751(b)(2) of the Act that the revocation of an order or 
termination of a suspended investigation is not likely to lead to 
continuation or recurrence of material injury, the Secretary will 
revoke, in whole or in part, the order or terminate the suspended 
investigation, and will publish in the Federal Register notice of 
``Revocation of Order (in Part)'' or ``Termination of Suspended 
Investigation'' (whichever is applicable).
    (i) Revocation or termination based on sunset review. (1) In 
general. In the case of a sunset review under Sec. 351.218, the 
Secretary will revoke an order or terminate a suspended investigation, 
unless:
    (i) The Secretary makes a determination that revocation or 
termination would be likely to lead to continuation or recurrence of a 
countervailable subsidy or dumping (see section 752(b) and section 
752(c) of the Act); and
    (ii) The Commission makes a determination that revocation or 
termination would be likely to lead to continuation or recurrence of 
material injury (see section 752(a) of the Act).
    (2) Exception for transition orders. Before January 1, 2000, the 
Secretary will not revoke a transition order (see section 751(c)(6) of 
the Act) as the result of a sunset review under Sec. 351.218.
    (j) Revocation of countervailing duty order based on Commission 
negative determination under section 753 of the Act. The Secretary will 
revoke a countervailing duty order, and will order the refund, with 
interest, of any estimated countervailing duties collected during the 
period liquidation was suspended under section 753(a)(4) of the Act 
upon being notified by the Commission that:
    (1) The Commission has determined that an industry in the United 
States is not likely to be materially injured if the countervailing 
duty order in question is revoked (see section 753(a)(1) of the Act); 
or
    (2) A domestic interested party did not make a timely request for 
an investigation under section 753(a) of the Act (see section 753(a)(3) 
of the Act).
    (k) Revocation based on Article 4/Article 7 review.
    (1) In general. The Secretary may revoke a countervailing duty 
order, in whole or in part, following an Article 4/Article 7 review 
under Sec. 351.217(c), due to the imposition of countermeasures by the 
United States or the withdrawal of a countervailable subsidy by a WTO 
member country (see section 751(g)(2) of the Act).
    (2) Additional Requirements. In addition to the requirements of 
Sec. 351.221, if the Secretary determines to revoke an order as the 
result of an Article 4/Article 7 review, the Secretary will:
    (i) Conduct a verification, if appropriate, under Sec. 351.307;
    (ii) Include in the final results of review, under 
Sec. 351.221(b)(5), the Secretary's final decision whether the order 
should be revoked;
    (iii) If the Secretary's final decision is that the order should be 
revoked:
    (A) Determine the effective date of the revocation;
    (B) Publish with the notice of final results of review, under 
Sec. 351.221(b)(5), a notice of ``Revocation of Order (in Part),'' that 
will include the effective date of the revocation; and
    (C) Order any suspension of liquidation ended for merchandise 
covered by the revocation that was entered on or after the effective 
date of the revocation, and instruct the Customs Service to release any 
cash deposit or bond.
    (l) Revocation under section 129. The Secretary may revoke an order 
under section 129 of the URAA (implementation of WTO dispute 
settlement).
    (m) Transition rule. In the case of time periods that, under 
section 291(a)(2) of the URAA, are subject to review under the 
provisions of the Act prior to its amendment by the URAA, and for 
purposes of determining whether the three-or five-year requirements of 
paragraphs (b) and (c) of this section are satisfied, the following 
rules will apply:
    (1) Antidumping proceedings. The Secretary will consider sales at 
not less than foreign market value to be equivalent to sales at not 
less than normal value.

[[Page 27402]]

    (2) Countervailing duty proceedings. The Secretary will consider 
the absence of a subsidy, as defined in section 771(5) of the Act prior 
to its amendment by the URAA, to be equivalent to the absence of a 
countervailable subsidy, as defined in section 771(5) of the Act, as 
amended by the URAA.
    (n) Cross-reference. For the treatment in a subsequent 
investigation of business proprietary information submitted to the 
Secretary in connection with a changed circumstances review under 
Sec. 351.216 or a sunset review under Sec. 351.218 that results in the 
revocation of an order (or termination of a suspended investigation), 
see section 777(b)(3) of the Act.


Sec. 351.223  Procedures for initiation of downstream product 
monitoring.

    (a) Introduction. Section 780 of the Act establishes a mechanism 
for monitoring imports of ``downstream products.'' In general, section 
780 is aimed at situations where, following the issuance of an 
antidumping or countervailing duty order on a product that is used as a 
component in another product, exports to the United States of that 
other (or ``downstream'') product increase. Although the Department is 
responsible for determining whether trade in the downstream product 
should be monitored, the Commission is responsible for conducting the 
actual monitoring. The Commission must report the results of its 
monitoring to the Department, and the Department must consider the 
reports in determining whether to self-initiate an antidumping or 
countervailing duty investigation on the downstream product. This 
section contains rules regarding applications for the initiation of 
downstream product monitoring and decisions regarding such 
applications.
    (b) Contents of application. An application to designate a 
downstream product for monitoring under section 780 of the Act must 
contain the following information, to the extent reasonably available 
to the applicant:
    (1) The name and address of the person requesting the monitoring 
and a description of the article it produces which is the basis for 
filing its application;
    (2) A detailed description of the downstream product in question;
    (3) A detailed description of the component product that is 
incorporated into the downstream product, including the value of the 
component part in relation to the value of the downstream product, and 
the extent to which the component part has been substantially 
transformed as a result of its incorporation into the downstream 
product;
    (4) The name of the country of production of both the downstream 
and component products and the name of any intermediate country from 
which the merchandise is imported;
    (5) The name and address of all known producers of component parts 
and downstream products in the relevant countries and a detailed 
description of any relationship between such producers;
    (6) Whether the component part is already subject to monitoring to 
aid in the enforcement of a bilateral arrangement within the meaning of 
section 804 of the Trade and Tariff Act of 1984;
    (7) A list of all antidumping or countervailing duty investigations 
that have been suspended, or antidumping or countervailing duty orders 
that have been issued, on merchandise that is related to the component 
part and that is manufactured in the same foreign country in which the 
component part is manufactured;
    (8) A list of all antidumping or countervailing duty investigations 
that have been suspended, or antidumping or countervailing duty orders 
that have been issued, on merchandise that is manufactured or exported 
by the manufacturer or exporter of the component part and that is 
similar in description and use to the component part; and
    (9) The reasons for suspecting that the imposition of antidumping 
or countervailing duties has resulted in a diversion of exports of the 
component part into increased production and exportation to the United 
States of the downstream product.
    (c) Determination of sufficiency of application. Within 14 days 
after an application is filed under paragraph (b) of this section, the 
Secretary will rule on the sufficiency of the application by making the 
determinations described in section 780(a)(2) of the Act.
    (d) Notice of Determination. The Secretary will publish in the 
Federal Register notice of each affirmative or negative ``monitoring'' 
determination made under section 780(a)(2) of the Act, and if the 
determination under section 780(a)(2)(A) of the Act and a determination 
made under any clause of section 780(a)(2)(B) of the Act are 
affirmative, will transmit to the Commission a copy of the 
determination and the application. The Secretary will make available to 
the Commission, and to its employees directly involved in the 
monitoring, the information upon which the Secretary based the 
initiation.


Sec. 351.224  Disclosure of calculations and procedures for the 
correction of ministerial errors.

    (a) Introduction. In the interests of transparency, the Department 
has long had a practice of providing parties with the details of its 
antidumping and countervailing duty calculations. This practice has 
come to be referred to as a ``disclosure.'' This section contains rules 
relating to requests for disclosure and procedures for correcting 
ministerial errors.
    (b) Disclosure. The Secretary will disclose to a party to the 
proceeding calculations performed, if any, in connection with a 
preliminary determination under section 703(b) or section 733(b) of the 
Act, a final determination under section 705(a) or section 735(a) of 
the Act, and a final results of a review under section 736(c), section 
751, or section 753 of the Act, normally within five days after the 
date of any public announcement or, if there is no public announcement 
of, within five days after the date of publication of, the preliminary 
determination, final determination, or final results of review 
(whichever is applicable). The Secretary will disclose to a party to 
the proceeding calculations performed, if any, in connection with a 
preliminary results of review under section 751 or section 753 of the 
Act, normally not later than ten days after the date of the public 
announcement of, or, if there is no public announcement, within five 
days after the date of publication of, the preliminary results of 
review.
    (c) Comments regarding ministerial errors. (1) In general. A party 
to the proceeding to whom the Secretary has disclosed calculations 
performed in connection with a preliminary determination may submit 
comments concerning a significant ministerial error in such 
calculations. A party to the proceeding to whom the Secretary has 
disclosed calculations performed in connection with a final 
determination or the final results of a review may submit comments 
concerning any ministerial error in such calculations. Comments 
concerning ministerial errors made in the preliminary results of a 
review should be included in a party's case brief.
    (2) Time limits for submitting comments. A party to the proceeding 
must file comments concerning ministerial errors within five days after 
the earlier of:
    (i) The date on which the Secretary released disclosure documents 
to that party; or
    (ii) The date on which the Secretary held a disclosure meeting with 
that party.

[[Page 27403]]

    (3) Replies to comments. Replies to comments submitted under 
paragraph (c)(1) of this section must be filed within five days after 
the date on which the comments were filed with the Secretary. The 
Secretary will not consider replies to comments submitted in connection 
with a preliminary determination.
    (4) Extensions. A party to the proceeding may request an extension 
of the time limit for filing comments concerning a ministerial error in 
a final determination or final results of review under Sec. 351.302(c) 
within three days after the date of any public announcement, or, if 
there is no public announcement, within five days after the date of 
publication of the final determination or final results of review, as 
applicable. The Secretary will not extend the time limit for filing 
comments concerning a significant ministerial error in a preliminary 
determination.
    (d) Contents of comments and replies. Comments filed under 
paragraph (c)(1) of this section must explain the alleged ministerial 
error by reference to applicable evidence in the official record, and 
must present what, in the party's view, is the appropriate correction. 
In addition, comments concerning a preliminary determination must 
demonstrate how the alleged ministerial error is significant (see 
paragraph (g) of this section) by illustrating the effect on individual 
weighted-average dumping margin or countervailable subsidy rate, the 
all-others rate, or the country-wide subsidy rate (whichever is 
applicable). Replies to any comments must be limited to issues raised 
in such comments.
    (e) Corrections. The Secretary will analyze any comments received 
and, if appropriate, correct any significant ministerial error by 
amending the preliminary determination, or correct any ministerial 
error by amending the final determination or the final results of 
review (whichever is applicable). Where practicable, the Secretary will 
announce publicly the issuance of a correction notice, and normally 
will do so within 30 days after the date of public announcement, or, if 
there is no public announcement, within 30 days after the date of 
publication, of the preliminary determination, final determination, or 
final results of review (whichever is applicable). In addition, the 
Secretary will publish notice of such corrections in the Federal 
Register. A correction notice will not alter the anniversary month of 
an order or suspended investigation for purposes of requesting an 
administrative review (see Sec. 351.213) or a new shipper review (see 
Sec. 351.214) or initiating a sunset review (see Sec. 351.218).
    (f) Definition of ``ministerial error.'' Under this section, 
ministerial error means an error in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.
    (g) Definition of ``significant ministerial error.'' Under this 
section, significant ministerial error means a ministerial error (see 
paragraph (f) of this section), the correction of which, either singly 
or in combination with other errors:
    (1) Would result in a change of at least five absolute percentage 
points in, but not less than 25 percent of, the weighted-average 
dumping margin or the countervailable subsidy rate (whichever is 
applicable) calculated in the original (erroneous) preliminary 
determination; or
    (2) Would result in a difference between a weighted-average dumping 
margin or countervailable subsidy rate (whichever is applicable) of 
zero (or de minimis) and a weighted-average dumping margin or 
countervailable subsidy rate of greater than de minimis, or vice versa.


Sec. 351.225  Scope rulings.

    (a) Introduction. Issues arise as to whether a particular product 
is included within the scope of an antidumping or countervailing duty 
order or a suspended investigation. Such issues can arise because the 
descriptions of subject merchandise contained in the Department's 
determinations must be written in general terms. At other times, a 
domestic interested party may allege that changes to an imported 
product or the place where the imported product is assembled 
constitutes circumvention under section 781 of the Act. When such 
issues arise, the Department issues ``scope rulings'' that clarify the 
scope of an order or suspended investigation with respect to particular 
products. This section contains rules regarding scope rulings, requests 
for scope rulings, procedures for scope inquiries, and standards used 
in determining whether a product is within the scope of an order or 
suspended investigation.
    (b) Self-initiation. If the Secretary determines from available 
information that an inquiry is warranted to determine whether a product 
is included within the scope of an antidumping or countervailing duty 
order or a suspended investigation, the Secretary will initiate an 
inquiry, and will notify all parties on the Department's scope service 
list of its initiation of a scope inquiry.
    (c) By application. (1) Contents and service of application. Any 
interested party may apply for a ruling as to whether a particular 
product is within the scope of an order or a suspended investigation. 
The application must be served upon all parties on the scope service 
list described in paragraph (n) of this section, and must contain the 
following, to the extent reasonably available to the interested party:
    (i) A detailed description of the product, including its technical 
characteristics and uses, and its current U.S. Tariff Classification 
number;
    (ii) A statement of the interested party's position as to whether 
the product is within the scope of an order or a suspended 
investigation, including:
    (A) A summary of the reasons for this conclusion,
    (B) Citations to any applicable statutory authority, and
    (C) Any factual information supporting this position, including 
excerpts from portions of the Secretary's or the Commission's 
investigation, and relevant prior scope rulings.
    (2) Deadline for action on application. Within 45 days of the date 
of receipt of an application for a scope ruling, the Secretary will 
issue a final ruling under paragraph (d) of this section or will 
initiate a scope inquiry under paragraph (e) of this section.
    (d) Ruling based upon the application. If the Secretary can 
determine, based solely upon the application and the descriptions of 
the merchandise referred to in paragraph (k)(1) of this section, 
whether a product is included within the scope of an order or a 
suspended investigation, the Secretary will issue a final ruling as to 
whether the product is included within the order or suspended 
investigation. The Secretary will notify all persons on the 
Department's scope service list (see paragraph (n) of this section) of 
the final ruling.
    (e) Ruling where further inquiry is warranted. If the Secretary 
finds that the issue of whether a product is included within the scope 
of an order or a suspended investigation cannot be determined based 
solely upon the application and the descriptions of the merchandise 
referred to in paragraph (k)(1) of this section, the Secretary will 
notify by mail all parties on the Department's scope service list of 
the initiation of a scope inquiry.
    (f) Notice and procedure. (1) Notice of the initiation of a scope 
inquiry issued under paragraph (b) or (e) of this section will include:

[[Page 27404]]

    (i) A description of the product that is the subject of the scope 
inquiry; and
    (ii) An explanation of the reasons for the Secretary's decision to 
initiate a scope inquiry;
    (iii) A schedule for submission of comments that normally will 
allow interested parties 20 days in which to provide comments on, and 
supporting factual information relating to, the inquiry, and 10 days in 
which to provide any rebuttal to such comments.
    (2) The Secretary may issue questionnaires and verify submissions 
received, where appropriate.
    (3) Whenever the Secretary finds that a scope inquiry presents an 
issue of significant difficulty, the Secretary will issue a preliminary 
scope ruling, based upon the available information at the time, as to 
whether there is a reasonable basis to believe or suspect that the 
product subject to a scope inquiry is included within the order or 
suspended investigation. The Secretary will notify all parties on the 
Department's scope service list (see paragraph (n) of this section) of 
the preliminary scope ruling, and will invite comment. Unless otherwise 
specified, interested parties will have within twenty days from the 
date of receipt of the notification in which to submit comments, and 
ten days thereafter in which to submit rebuttal comments.
    (4) The Secretary will issue a final ruling as to whether the 
product which is the subject of the scope inquiry is included within 
the order or suspended investigation, including an explanation of the 
factual and legal conclusions on which the final ruling is based. The 
Secretary will notify all parties on the Department's scope service 
list (see paragraph (n) of this section) of the final scope ruling.
    (5) The Secretary will issue a final ruling under paragraph (k) of 
this section (other scope rulings) normally within 120 days of the 
initiation of the inquiry under this section. The Secretary will issue 
a final ruling under paragraph (g), (h), (i), or (j) of this section 
(circumvention rulings under section 781 of the Act) normally within 
300 days from the date of the initiation of the scope inquiry.
    (6) When an administrative review under Sec. 351.213, a new shipper 
review under Sec. 351.214, or an expedited antidumping review under 
Sec. 351.215 is in progress at the time the Secretary provides notice 
of the initiation of a scope inquiry (see paragraph (e)(1) of this 
section), the Secretary may conduct the scope inquiry in conjunction 
with that review.
    (7)(i) The Secretary will notify the Commission in writing of the 
proposed inclusion of products in an order prior to issuing a final 
ruling under paragraph (f)(4) of this section based on a determination 
under:
    (A) Section 781(a) of the Act with respect to merchandise completed 
or assembled in the United States (other than minor completion or 
assembly);
    (B) Section 781(b) of the Act with respect to merchandise completed 
or assembled in other foreign countries; or
    (C) Section 781(d) of the Act with respect to later-developed 
products which incorporate a significant technological advance or 
significant alteration of an earlier product.
    (ii) If the Secretary notifies the Commission under paragraph 
(f)(7)(i) of this section, upon the written request of the Commission, 
the Secretary will consult with the Commission regarding the proposed 
inclusion, and any such consultation will be completed within 15 days 
after the date of such request. If, after consultation, the Commission 
believes that a significant injury issue is presented by the proposed 
inclusion of a product within an order, the Commission may provide 
written advice to the Secretary as to whether the inclusion would be 
inconsistent with the affirmative injury determination of the 
Commission on which the order is based.
    (g) Products completed or assembled in the United States. Under 
section 781(a) of the Act, the Secretary may include within the scope 
of an antidumping or countervailing duty order imported parts or 
components referred to in section 781(a)(1)(B) of the Act that are used 
in the completion or assembly of the merchandise in the United States 
at any time such order is in effect. In making this determination, the 
Secretary will not consider any single factor of section 781(a)(2) of 
the Act to be controlling. In determining the value of parts or 
components purchased from an affiliated person under section 
781(a)(1)(D) of the Act, or of processing performed by an affiliated 
person under section 781(a)(2)(E) of the Act, the Secretary may 
determine the value of the part or component on the basis of the cost 
of producing the part or component under section 773(f)(3) of the Act.
    (h) Products completed or assembled in other foreign countries. 
Under section 781(b) of the Act, the Secretary may include within the 
scope of an antidumping or countervailing duty order, at any time such 
order is in effect, imported merchandise completed or assembled in a 
foreign country other than the country to which the order applies. In 
making this determination, the Secretary will not consider any single 
factor of section 781(b)(2) of the Act to be controlling. In 
determining the value of parts or components purchased from an 
affiliated person under section 781(b)(1)(D) of the Act, or of 
processing performed by an affiliated person under section 781(b)(2)(E) 
of the Act, the Secretary may determine the value of the part or 
component on the basis of the cost of producing the part or component 
under section 773(f)(3) of the Act.
    (i) Minor alterations of merchandise. Under section 781(c) of the 
Act, the Secretary may include within the scope of an antidumping or 
countervailing duty order articles altered in form or appearance in 
minor respects.
    (j) Later-developed merchandise. In determining whether later-
developed merchandise is within the scope of an antidumping or 
countervailing duty order, the Secretary will apply section 781(d) of 
the Act.
    (k) Other scope determinations. With respect to those scope 
determinations that are not covered under paragraphs (g) through (j) of 
this section, in considering whether a particular product is included 
within the scope of an order or a suspended investigation, the 
Secretary will take into account the following:
    (1) The descriptions of the merchandise contained in the petition, 
the initial investigation, and the determinations of the Secretary 
(including prior scope determinations) and the Commission.
    (2) When the above criteria are not dispositive, the Secretary will 
further consider:
    (i) The physical characteristics of the product;
    (ii) The expectations of the ultimate purchasers;
    (iii) The ultimate use of the product;
    (iv) The channels of trade in which the product is sold; and
    (v) The manner in which the product is advertised and displayed.
    (l) Suspension of liquidation. (1) When the Secretary conducts a 
scope inquiry under paragraph (b) or (e) of this section, and the 
product in question is already subject to suspension of liquidation, 
that suspension of liquidation will be continued, pending a preliminary 
or a final scope ruling, at the cash deposit rate that would apply if 
the product were ruled to be included within the scope of the order.
    (2) If the Secretary issues a preliminary scope ruling under 
paragraph (f)(3) of this section to the effect that the product in 
question is included within the scope of the order, any suspension of 
liquidation described in paragraph (l)(1) of this section will

[[Page 27405]]

continue. If liquidation has not been suspended, the Secretary will 
instruct the Customs Service to suspend liquidation and to require a 
cash deposit of estimated duties, at the applicable rate, for each 
unliquidated entry of the product entered, or withdrawn from warehouse, 
for consumption on or after the date of initiation of the scope 
inquiry. If the Secretary issues a preliminary scope ruling to the 
effect that the product in question is not included within the scope of 
the order, the Secretary will order any suspension of liquidation on 
the product ended, and will instruct the Customs Service to refund any 
cash deposits or release any bonds relating to that product.
    (3) If the Secretary issues a final scope ruling, under either 
paragraph (d) or (f)(4) of this section, to the effect that the product 
in question is included within the scope of the order, any suspension 
of liquidation under paragraph (l)(1) or (l)(2) of this section will 
continue. Where there has been no suspension of liquidation, the 
Secretary will instruct the Customs Service to suspend liquidation and 
to require a cash deposit of estimated duties, at the applicable rate, 
for each unliquidated entry of the product entered, or withdrawn from 
warehouse, for consumption on or after the date of initiation of the 
scope inquiry. If the Secretary's final scope ruling is to the effect 
that the product in question is not included within the scope of the 
order, the Secretary will order any suspension of liquidation on the 
subject product ended and will instruct the Customs Service to refund 
any cash deposits or release any bonds relating to this product.
    (4) If, within 90 days of the initiation of a review of an order or 
a suspended investigation under this subpart, the Secretary issues a 
final ruling that a product is included within the scope of the order 
or suspended investigation that is the subject of the review, the 
Secretary, where practicable, will include sales of that product for 
purposes of the review and will seek information regarding such sales. 
If the Secretary issues a final ruling after 90 days of the initiation 
of the review, the Secretary may consider sales of the product for 
purposes of the review on the basis of non-adverse facts available. 
However, notwithstanding the pendency of a scope inquiry, if the 
Secretary considers it appropriate, the Secretary may request 
information concerning the product that is the subject of the scope 
inquiry for purposes of a review under this subpart.
    (m) Orders covering identical products. Except for a scope inquiry 
and a scope ruling that involves section 781(a) or section 781(b) of 
the Act (assembly of parts or components in the United States or in a 
third country), if more than one order or suspended investigation cover 
the same subject merchandise, and if the Secretary considers it 
appropriate, the Secretary may conduct a single inquiry and issue a 
single scope ruling that applies to all such orders or suspended 
investigations.
    (n) Service of applications; scope service list. The requirements 
of Sec. 351.303(f) apply to this section, except that an application 
for a scope ruling must be served on all persons on the Department's 
scope service list. For purposes of this section, the ``scope service 
list'' will include all persons that have participated in any segment 
of the proceeding. If an application for a scope ruling in one 
proceeding results in a single inquiry that will apply to another 
proceeding (see paragraph (m) of this section), the Secretary will 
notify persons on the scope service list of the other proceeding of the 
application for a scope ruling.
    (o) Publication of list of scope rulings. On a quarterly basis, the 
Secretary will publish in the Federal Register a list of scope rulings 
issued within the last three months. This list will include the case 
name, reference number, and a brief description of the ruling.

Subpart C--Information and Argument


Sec. 351.301  Time limits for submission of factual information.

    (a) Introduction. The Department obtains most of its factual 
information in antidumping and countervailing duty proceedings from 
submissions made by interested parties during the course of the 
proceeding. This section sets forth the time limits for submitting such 
factual information, including information in questionnaire responses, 
publicly available information to value factors in nonmarket economy 
cases, allegations concerning market viability, allegations of sales at 
prices below the cost of production, countervailable subsidy 
allegations, and upstream subsidy allegations. Section 351.302 sets 
forth the procedures for requesting an extension of such time limits. 
Section 351.303 contains the procedural rules regarding filing, format, 
translation, service, and certification of documents.
    (b) Time limits in general. Except as provided in paragraphs (c) 
and (d) of this section and Sec. 351.302, a submission of factual 
information is due no later than:
    (1) For a final determination in a countervailing duty 
investigation or an antidumping investigation, seven days before the 
date on which the verification of any person is scheduled to commence, 
except that factual information requested by the verifying officials 
from a person normally will be due no later than seven days after the 
date on which the verification of that person is completed;
    (2) For the final results of an administrative review, 140 days 
after the last day of the anniversary month, except that factual 
information requested by the verifying officials from a person normally 
will be due no later than seven days after the date on which the 
verification of that person is completed;
    (3) For the final results of a changed circumstances review, sunset 
review, or section 762 review, 140 days after the date of publication 
of notice of initiation of the review, except that factual information 
requested by the verifying officials from a person normally will be due 
no later than seven days after the date on which the verification of 
that person is completed;
    (4) For the final results of a new shipper review, 100 days after 
the date of publication of notice of initiation of the review, except 
that factual information requested by the verifying officials from a 
person normally will be due no later than seven days after the date on 
which the verification of that person is completed; and
    (5) For the final results of an expedited antidumping review, 
Article 8 violation review, Article 4/Article 7 review, or section 753 
review, a date specified by the Secretary.
    (c) Time limits for certain submissions. (1) Rebuttal, 
clarification, or correction of factual information. Any interested 
party may submit factual information to rebut, clarify, or correct 
factual information submitted by any other interested party at any time 
prior to the deadline provided in this section for submission of such 
factual information. If factual information is submitted less than 10 
days before, on, or after (normally only with the Department's 
permission) the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than 10 
days after the date such factual information is served on the 
interested party or, if appropriate, made available under APO to the 
authorized applicant.
    (2) Questionnaire responses and other submissions on request. (i) 
Notwithstanding paragraph (b) of this section, the Secretary may 
request any person to submit factual information at any time during a 
proceeding.

[[Page 27406]]

    (ii) In the Secretary's written request to an interested party for 
a response to a questionnaire or for other factual information, the 
Secretary will specify the following: the time limit for the response; 
the information to be provided; the form and manner in which the 
interested party must submit the information; and that failure to 
submit requested information in the requested form and manner by the 
date specified may result in use of the facts available under section 
776 of the Act and Sec. 351.308.
    (iii) Interested parties will have at least 30 days from the date 
of receipt to respond to the full initial questionnaire. The time limit 
for response to individual sections of the questionnaire, if the 
Secretary requests a separate response to such sections, may be less 
than the 30 days allotted for response to the full questionnaire. The 
date of receipt will be seven days from the date on which the initial 
questionnaire was transmitted.
    (iv) A notification by an interested party, under section 782(c)(1) 
of the Act, of difficulties in submitting information in response to a 
questionnaire issued by the Secretary is to be submitted in writing 
within 14 days after the date of receipt of the initial questionnaire.
    (v) A respondent interested party may request in writing that the 
Secretary conduct a questionnaire presentation. The Secretary may 
conduct a questionnaire presentation if the Secretary notifies the 
government of the affected country and that government does not object.
    (3) Submission of publicly available information to value factors 
under Sec. 351.408(c). Notwithstanding paragraph (b) of this section, 
interested parties may submit publicly available information to value 
factors under Sec. 351.408(c) within:
    (i) For a final determination in an antidumping investigation, 40 
days after the date of publication of the preliminary determination;
    (ii) For the final results of an administrative review, new shipper 
review, or changed circumstances review, 20 days after the date of 
publication of the preliminary results of review; and
    (iii) For the final results of an expedited antidumping review, a 
date specified by the Secretary.
    (d) Time limits for certain allegations. (1) Market viability and 
the basis for determining a price-based normal value. In an antidumping 
investigation or administrative review, allegations regarding market 
viability, including the exceptions in Sec. 351.404(c)(2), are due, 
with all supporting factual information, within 40 days after the date 
on which the initial questionnaire was transmitted, unless the 
Secretary alters this time limit.
    (2) Sales at prices below the cost of production. An allegation of 
sales at prices below the cost of production made by the petitioner or 
other domestic interested party is due within:
    (i) In an antidumping investigation,
    (A) On a country-wide basis, 20 days after the date on which the 
initial questionnaire was transmitted to any person, unless the 
Secretary alters this time limit; or
    (B) On a company-specific basis, 20 days after a respondent 
interested party files the response to the relevant section of the 
questionnaire, unless the relevant questionnaire response is, in the 
Secretary's view, incomplete, in which case the Secretary will 
determine the time limit;
    (ii) In an administrative review, new shipper review, or changed 
circumstances review, on a company-specific basis, 20 days after a 
respondent interested party files the response to the relevant section 
of the questionnaire, unless the relevant questionnaire response is, in 
the Secretary's view, incomplete, in which case the Secretary will 
determine the time limit; or
    (iii) In an expedited antidumping review, on a company-specific 
basis, 10 days after the date of publication of the notice of 
initiation of the review.
    (3) Purchases of major inputs from an affiliated party at prices 
below the affiliated party's cost of production. An allegation of 
purchases of major inputs from an affiliated party at prices below the 
affiliated party's cost of production made by the petitioner or other 
domestic interested party is due within 20 days after a respondent 
interested party files the response to the relevant section of the 
questionnaire, unless the relevant questionnaire response is, in the 
Secretary's view, incomplete, in which case the Secretary will 
determine the time limits.
    (4) Countervailable subsidy; upstream subsidy. (i) In general. A 
countervailable subsidy allegation made by the petitioner or other 
domestic interested party is due no later than:
    (A) In a countervailing duty investigation, 40 days before the 
scheduled date of the preliminary determination; or
    (B) In an administrative review, new shipper review, or changed 
circumstances review, 20 days after all responses to the initial 
questionnaire are filed with the Department, unless the Secretary 
alters this time limit.
    (ii) Exception for upstream subsidy allegation in an investigation. 
In a countervailing duty investigation, an allegation of upstream 
subsidies made by the petitioner or other domestic interested party is 
due no later than:
    (A) 10 days before the scheduled date of the preliminary 
determination; or
    (B) 15 days before the scheduled date of the final determination.
    (5) Targeted dumping. In an antidumping investigation, an 
allegation of targeted dumping made by the petitioner or other domestic 
interested party under Sec. 351.414(f)(3) is due no later than 30 days 
before the scheduled date of the preliminary determination.


Sec. 351.302  Extension of time limits; return of untimely filed or 
unsolicited material.

    (a) Introduction. This section sets forth the procedures for 
requesting an extension of a time limit. In addition, this section 
explains that certain untimely filed or unsolicited material will be 
returned to the submitter together with an explanation of the reasons 
for the return of such material.
    (b) Extension of time limits. Unless expressly precluded by 
statute, the Secretary may, for good cause, extend any time limit 
established by this part.
    (c) Requests for extension of specific time limit. Before the 
applicable time limit specified under Sec. 351.301 expires, a party may 
request an extension pursuant to paragraph (b) of this section. The 
request must be in writing and state the reasons for the request. An 
extension granted to a party must be approved in writing.
    (d) Return of untimely filed or unsolicited material. (1) Unless 
the Secretary extends a time limit under paragraph (b) of this section, 
the Secretary will not consider or retain in the official record of the 
proceeding:
    (i) Untimely filed factual information, written argument, or other 
material that the Secretary returns to the submitter, except as 
provided under Sec. 351.104(a)(2); or
    (ii) Unsolicited questionnaire responses, except as provided under 
Sec. 351.204(d)(2).
    (2) The Secretary will return such information, argument, or other 
material, or unsolicited questionnaire response with, to the extent 
practicable, written notice stating the reasons for return.


Sec. 351.303  Filing, format, translation, service, and certification 
of documents.

    (a) Introduction. This section contains the procedural rules 
regarding filing, format, service, translation, and certification of 
documents and applies to all persons submitting documents to the 
Department for consideration in an antidumping or countervailing duty 
proceeding.

[[Page 27407]]

    (b) Where to file; time of filing. Persons must address and submit 
all documents to the Secretary of Commerce, Attention: Import 
Administration, Central Records Unit, Room 1870, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230, between the hours of 8:30 a.m. and 5:00 p.m. on business days 
(see Sec. 351.103(b)). If the applicable time limit expires on a non-
business day, the Secretary will accept documents that are filed on the 
next business day.
    (c) Number of copies; filing of business proprietary and public 
versions under the one-day lag rule; information in double brackets. 
(1) In general. Except as provided in paragraphs (c)(2) and (c)(3) of 
this section, a person must file six copies of each submission with the 
Department.
    (2) Application of the one-day lag rule. (i) Filing the business 
proprietary version. A person must file one copy of the business 
proprietary version of any document with the Department within the 
applicable time limit. Business proprietary version means the version 
of a document containing information for which a person claims business 
proprietary treatment under Sec. 351.304.
    (ii) Filing the final business proprietary version; bracketing 
corrections. By the close of business one business day after the date 
the business proprietary version is filed under paragraph (c)(2)(i) of 
this section, a person must file six copies of the final business 
proprietary version of the document with the Department. The final 
business proprietary version must be identical to the business 
proprietary version filed on the previous day except for any bracketing 
corrections. Although a person must file six copies of the complete 
final business proprietary version with the Department, the person may 
serve other persons with only those pages containing bracketing 
corrections.
    (iii) Filing the public version. Simultaneously with the filing of 
the final business proprietary version under paragraph (c)(2)(ii) of 
this section, a person also must file three copies of the public 
version of such document (see Sec. 351.304(c)) with the Department.
    (iv) Information in double brackets. If a person serves authorized 
applicants with a business proprietary version of a document that 
excludes information in double brackets pursuant to Sec. 351.304(b)(2), 
the person simultaneously must file with the Department one copy of 
those pages in which information in double brackets has been excluded.
    (3) Computer media and printouts. The Secretary may require 
submission of factual information on computer media unless the 
Secretary modifies such requirements under section 782(c) of the Act 
(see Sec. 351.301(c)(2)(iv)). The computer medium must be accompanied 
by the number of copies of any computer printout specified by the 
Secretary. All information on computer media must be releasable under 
APO (see Sec. 351.305).
    (d) Format of copies. (1) In general. Unless the Secretary alters 
the requirements of this section, documents filed with the Department 
must conform to the specification and marking requirements under 
paragraph (d)(2) of this section or the Secretary may refuse to accept 
such documents for the official record of the proceeding.
    (2) Specifications and markings. A person must submit documents on 
letter-size paper, single-sided and double-spaced, and must securely 
bind each copy as a single document with any letter of transmittal as 
the first page of the document. A submitter must mark the first page of 
each document in the upper right-hand corner with the following 
information in the following format:
    (i) On the first line, except for a petition, indicate the 
Department case number;
    (ii) On the second line, indicate the total number of pages in the 
document including cover pages, appendices, and any unnumbered pages;
    (iii) On the third line, indicate whether the document is for an 
investigation, scope inquiry, circumvention inquiry, downstream product 
monitoring application, or review and, if the latter, indicate the 
inclusive dates of the review, the type of review, and the section 
number of the Act corresponding to the type of review;
    (iv) On the fourth line, indicate the Department office conducting 
the proceeding;
    (v) On the fifth and subsequent lines, indicate whether any portion 
of the document contains business proprietary information and, if so, 
list the applicable page numbers and state either ``Document May be 
Released Under APO'' or ``Document May Not be Released Under APO.'' 
Indicate ``Business Proprietary Treatment Requested'' on the top of 
each page containing business proprietary information. In addition, 
include the warning ``Bracketing of Business Proprietary Information is 
Not Final for One Business Day After Date of Filing'' on the top of 
each page containing business proprietary information in the copy of 
the business proprietary version filed under Sec. 351.303(c)(2)(i) 
(one-day lag rule). Do not include this warning in the copies of the 
final business proprietary version filed on the next business day under 
Sec. 351.303(c)(2)(ii) (see Sec. 351.303(c)(2) and Sec. 351.304(c)); 
and
    (vi) For public versions of business proprietary documents required 
under Sec. 351.304(c), complete the marking as required in paragraphs 
(d)(2)(i)-(v) of this section for the business proprietary document, 
but conspicuously mark the first page ``Public Version.''
    (e) Translation to English. A document submitted in a foreign 
language must be accompanied by an English translation of the entire 
document or of only pertinent portions, where appropriate, unless the 
Secretary waives this requirement for an individual document. A party 
must obtain the Department's approval for submission of an English 
translation of only portions of a document prior to submission to the 
Department.
    (f) Service of copies on other persons. (1)(i) In general. Except 
as provided in Sec. 351.202(c) (filing of petition), Sec. 351.207(f)(1) 
(submission of proposed suspension agreement), and paragraph (f)(3) of 
this section, a person filing a document with the Department 
simultaneously must serve a copy of the document on all other persons 
on the service list by personal service or first class mail.
    (ii) Service of public versions or a party's own business 
proprietary information. Notwithstanding paragraphs (f)(1)(i) and 
(f)(3) of this section, service of the public version of a document or 
of the business proprietary version of a document containing only the 
server's own business proprietary information, on persons on the 
service list, may be made by facsimile transmission or other electronic 
transmission process, with the consent of the person to be served.
    (2) Certificate of service. Each document filed with the Department 
must include a certificate of service listing each person served 
(including agents), the type of document served, and the date and 
method of service on each person. The Secretary may refuse to accept 
any document that is not accompanied by a certificate of service.
    (3) Service requirements for certain documents. (i) Briefs. In 
addition to the certificate of service requirements contained in 
paragraph (f)(2) of this section, a person filing a case or rebuttal 
brief with the Department simultaneously must serve a copy of that 
brief on all persons on the service list and on any U.S. Government 
agency that has submitted a case or rebuttal brief in the segment of 
the proceeding. If, under Sec. 351.103(c), a person has

[[Page 27408]]

designated an agent to receive service that is located in the United 
States, service on that person must be either by personal service on 
the same day the brief is filed or by overnight mail or courier on the 
next day. If the person has designated an agent to receive service that 
is located outside the United States, service on that person must be by 
first class airmail.
    (ii) Request for review. In addition to the certificate of service 
requirements under paragraph (f)(2) of this section, an interested 
party that files with the Department a request for an expedited 
antidumping review, an administrative review, a new shipper review, or 
a changed circumstances review must serve a copy of the request by 
personal service or first class mail on each exporter or producer 
specified in the request and on the petitioner by the end of the 
anniversary month or within ten days of filing the request for review, 
whichever is later. If the interested party that files the request is 
unable to locate a particular exporter or producer, or the petitioner, 
the Secretary may accept the request for review if the Secretary is 
satisfied that the party made a reasonable attempt to serve a copy of 
the request on such person.
    (g) Certifications. A person must file with each submission 
containing factual information the certification in paragraph (g)(1) of 
this section and, in addition, if the person has legal counsel or 
another representative, the certification in paragraph (g)(2) of this 
section:
    (1) For the person's officially responsible for presentation of the 
factual information:

    I, (name and title), currently employed by (person), certify 
that (1) I have read the attached submission, and (2) the 
information contained in this submission is, to the best of my 
knowledge, complete and accurate.

    (2) For the person's legal counsel or other representative:

    I, (name), of (law or other firm), counsel or representative to 
(person), certify that (1) I have read the attached submission, and 
(2) based on the information made available to me by (person), I 
have no reason to believe that this submission contains any material 
misrepresentation or omission of fact.


Sec. 351.304  Establishing business proprietary treatment of 
information [Reserved].


Sec. 351.305  Access to business proprietary information [Reserved].


Sec. 351.306  Use of business proprietary information [Reserved].


Sec. 351.307  Verification of information.

    (a) Introduction. Prior to making a final determination in an 
investigation or issuing final results of review, the Secretary may 
verify relevant factual information. This section clarifies when 
verification will occur, the contents of a verification report, and the 
procedures for verification.
    (b) In general. (1) Subject to paragraph (b)(4) of this section, 
the Secretary will verify factual information upon which the Secretary 
relies in:
    (i) A final determination in a continuation of a previously 
suspended countervailing duty investigation (section 704(g) of the 
Act), countervailing duty investigation, continuation of a previously 
suspended antidumping investigation (section 705(a) of the Act), or 
antidumping investigation;
    (ii) The final results of an expedited antidumping review;
    (iii) A revocation under section 751(d) of the Act;
    (iv) The final results of an administrative review, new shipper 
review, or changed circumstances review, if the Secretary decides that 
good cause for verification exists; and
    (v) The final results of an administrative review if:
    (A) A domestic interested party, not later than 100 days after the 
date of publication of the notice of initiation of review, submits a 
written request for verification; and
    (B) The Secretary conducted no verification under this paragraph 
during either of the two immediately preceding administrative reviews.
    (2) The Secretary may verify factual information upon which the 
Secretary relies in a proceeding or a segment of a proceeding not 
specifically provided for in paragraph (b)(1) of this section.
    (3) If the Secretary decides that, because of the large number of 
exporters or producers included in an investigation or administrative 
review, it is impractical to verify relevant factual information for 
each person, the Secretary may select and verify a sample.
    (4) The Secretary may conduct verification of a person if that 
person agrees to verification and the Secretary notifies the government 
of the affected country and that government does not object. If the 
person or the government objects to verification, the Secretary will 
not conduct verification and may disregard any or all information 
submitted by the person in favor of use of the facts available under 
section 776 of the Act and Sec. 351.308.
    (c) Verification report. The Secretary will report the methods, 
procedures, and results of a verification under this section prior to 
making a final determination in an investigation or issuing final 
results in a review.
    (d) Procedures for verification. The Secretary will notify the 
government of the affected country that employees of the Department 
will visit with the persons listed below in order to verify the 
accuracy and completeness of submitted factual information. The 
notification will, where practicable, identify any member of the 
verification team who is not an officer of the U.S. Government. As part 
of the verification, employees of the Department will request access to 
all files, records, and personnel which the Secretary considers 
relevant to factual information submitted of:
    (1) Producers, exporters, or importers;
    (2) Persons affiliated with the persons listed in paragraph (d)(1) 
of this section, where applicable;
    (3) Unaffiliated purchasers, or
    (4) The government of the affected country as part of verification 
in a countervailing duty proceeding.


Sec. 351.308  Determinations on the basis of the facts available.

    (a) Introduction. The Secretary may make determinations on the 
basis of the facts available whenever necessary information is not 
available on the record, an interested party or any other person 
withholds or fails to provide information requested in a timely manner 
and in the form required or significantly impedes a proceeding, or the 
Secretary is unable to verify submitted information. If the Secretary 
finds that an interested party ``has failed to cooperate by not acting 
to the best of its ability to comply with a request for information,'' 
the Secretary may use an inference that is adverse to the interests of 
that party in selecting from among the facts otherwise available. This 
section lists some of the sources of information upon which the 
Secretary may base an adverse inference and explains the actions the 
Secretary will take with respect to corroboration of information.
    (b) In general. The Secretary may make a determination under the 
Act and this part based on the facts otherwise available in accordance 
with section 776(a) of the Act.
    (c) Adverse Inferences. For purposes of section 776(b) of the Act, 
an adverse inference may include reliance on:
    (1) Secondary information, such as information derived from:
    (i) The petition;
    (ii) A final determination in a countervailing duty investigation 
or an antidumping investigation;
    (iii) Any previous administrative review, new shipper review, 
expedited antidumping review, section 753 review, or section 762 
review; or

[[Page 27409]]

    (2) Any other information placed on the record.
    (d) Corroboration of secondary information. Under section 776(c) of 
the Act, when the Secretary relies on secondary information, the 
Secretary will, to the extent practicable, corroborate that information 
from independent sources that are reasonably at the Secretary's 
disposal. Independent sources may include, but are not limited to, 
published price lists, official import statistics and customs data, and 
information obtained from interested parties during the instant 
investigation or review. Corroborate means that the Secretary will 
examine whether the secondary information to be used has probative 
value. The fact that corroboration may not be practicable in a given 
circumstance will not prevent the Secretary from applying an adverse 
inference as appropriate and using the secondary information in 
question.
    (e) Use of certain information. In reaching a determination under 
the Act and this part, the Secretary will not decline to consider 
information that is submitted by an interested party and is necessary 
to the determination but does not meet all the applicable requirements 
established by the Secretary if the conditions listed under section 
782(e) of the Act are met.


Sec. 351.309  Written argument.

    (a) Introduction. Written argument may be submitted during the 
course of an antidumping or countervailing duty proceeding. This 
section sets forth the time limits for submission of case and rebuttal 
briefs and provides guidance on what should be contained in these 
documents.
    (b) Written argument. (1) In general. In making the final 
determination in a countervailing duty investigation or antidumping 
investigation or the final results of an administrative review, new 
shipper review, expedited antidumping review, section 753 review, or 
section 762 review, the Secretary will consider written arguments in 
case or rebuttal briefs filed within the time limits in this section.
    (2) Written argument on request. Notwithstanding paragraph (b)(1) 
of this section, the Secretary may request written argument on any 
issue from any person or U.S. Government agency at any time during a 
proceeding.
    (c) Case brief. (1) Any interested party or U.S. Government agency 
may submit a ``case brief'' within:
    (i) For a final determination in a countervailing duty 
investigation or antidumping investigation, 50 days after the date of 
publication of the preliminary determination, unless the Secretary 
alters this time limit;
    (ii) For the final results of an administrative review, new shipper 
review, changed circumstances review, or section 762 review, 30 days 
after the date of publication of the preliminary results of review, 
unless the Secretary alters the time limit; or
    (iii) For the final results of an expedited antidumping review, 
sunset review, Article 8 violation review, Article 4/Article 7 review, 
or section 753 review, a date specified by the Secretary.
    (2) The case brief must present all arguments that continue in the 
submitter's view to be relevant to the Secretary's final determination 
or final results, including any arguments presented before the date of 
publication of the preliminary determination or preliminary results. As 
part of the case brief, parties are encouraged to provide a summary of 
the arguments not to exceed five pages and a table of statutes, 
regulations, and cases cited.
    (d) Rebuttal brief. (1) Any interested party or U.S. Government 
agency may submit a ``rebuttal brief'' within five days after the time 
limit for filing the case brief, unless the Secretary alters this time 
limit.
    (2) The rebuttal brief may respond only to arguments raised in case 
briefs and should identify the arguments to which it is responding. As 
part of the rebuttal brief, parties are encouraged to provide a summary 
of the arguments not to exceed five pages and a table of statutes, 
regulations, and cases cited.


Sec. 351.310  Hearings.

    (a) Introduction. This section sets forth the procedures for 
requesting a hearing, indicates that the Secretary may consolidate 
hearings, and explains when the Secretary may hold closed hearing 
sessions.
    (b) Pre-hearing conference. The Secretary may conduct a telephone 
pre-hearing conference with representatives of interested parties to 
facilitate the conduct of the hearing.
    (c) Request for hearing. Any interested party may request that the 
Secretary hold a public hearing on arguments to be raised in case or 
rebuttal briefs within 30 days after the date of publication of the 
preliminary determination or preliminary results of review, unless the 
Secretary alters this time limit, or in a proceeding where the 
Secretary will not issue a preliminary determination, not later than a 
date specified by the Secretary. To the extent practicable, a party 
requesting a hearing must identify arguments to be raised at the 
hearing. At the hearing, an interested party may make an affirmative 
presentation only on arguments included in that party's case brief and 
may make a rebuttal presentation only on arguments included in that 
party's rebuttal brief.
    (d) Hearings in general. (1) If an interested party submits a 
request under paragraph (c) of this section, the Secretary will hold a 
public hearing on the date stated in the notice of the Secretary's 
preliminary determination or preliminary results of administrative 
review (or otherwise specified by the Secretary in an expedited 
antidumping review), unless the Secretary alters the date. Ordinarily, 
the hearing will be held two days after the scheduled date for 
submission of rebuttal briefs.
    (2) The hearing is not subject to 5 U.S.C. Secs. 551-559, and 
Sec. 702 (Administrative Procedure Act). Witness testimony, if any, 
will not be under oath or subject to cross-examination by another 
interested party or witness. During the hearing, the chair may question 
any person or witness and may request persons to present additional 
written argument.
    (e) Consolidated hearings. At the Secretary's discretion, the 
Secretary may consolidate hearings in two or more cases.
    (f) Closed hearing sessions. An interested party may request a 
closed session of the hearing no later than the date the case briefs 
are due in order to address limited issues during the course of the 
hearing. The requesting party must identify the subjects to be 
discussed, specify the amount of time requested, and justify the need 
for a closed session with respect to each subject. If the Secretary 
approves the request for a closed session, only authorized applicants 
and other persons authorized by the regulations may be present for the 
closed session (see Sec. 351.305).
    (g) Transcript of hearing. The Secretary will place a verbatim 
transcript of the hearing in the public and official records of the 
proceeding and will announce at the hearing how interested parties may 
obtain copies of the transcript.


Sec. 351.311  Countervailable subsidy practice discovered during 
investigation or review.

    (a) Introduction. During the course of a countervailing duty 
investigation or review, Department officials may discover or receive 
notice of a practice that appears to provide a countervailable subsidy. 
This section explains when the Secretary will examine such a practice.
    (b) Inclusion in proceeding. If during a countervailing duty 
investigation or a

[[Page 27410]]

countervailing duty administrative review the Secretary discovers a 
practice that appears to provide a countervailable subsidy with respect 
to the subject merchandise and the practice was not alleged or examined 
in the proceeding, or if, pursuant to section 775 of the Act, the 
Secretary receives notice from the United States Trade Representative 
that a subsidy or subsidy program is in violation of Article 8 of the 
Subsidies Agreement, the Secretary will examine the practice, subsidy, 
or subsidy program if the Secretary concludes that sufficient time 
remains before the scheduled date for the final determination or final 
results of review.
    (c) Deferral of examination. If the Secretary concludes that 
insufficient time remains before the scheduled date for the final 
determination or final results of review to examine the practice, 
subsidy, or subsidy program described in paragraph (b) of this section, 
the Secretary will:
    (1) During an investigation, allow the petitioner to withdraw the 
petition without prejudice and resubmit it with an allegation with 
regard to the newly discovered practice, subsidy, or subsidy program; 
or
    (2) During an investigation or review, defer consideration of the 
newly discovered practice, subsidy, or subsidy program until a 
subsequent administrative review, if any.
    (d) Notice. The Secretary will notify the parties to the proceeding 
of any practice the Secretary discovers, or any subsidy or subsidy 
program with respect to which the Secretary receives notice from the 
United States Trade Representative, and whether or not it will be 
included in the then ongoing proceeding.


Sec. 351.312  Industrial users and consumer organizations.

    (a) Introduction. The URAA provides for opportunity for comment by 
consumer organizations and industrial users on matters relevant to a 
particular determination of dumping, subsidization, or injury. This 
section indicates under what circumstances such persons may submit 
relevant information and argument.
    (b) Opportunity to submit relevant information and argument. In an 
antidumping or countervailing duty proceeding under title VII of the 
Act and this part, an industrial user of the subject merchandise or a 
representative consumer organization, as described in section 777(h) of 
the Act, may submit relevant factual information and written argument 
to the Department under paragraphs (b), (c)(1), and (c)(3) of 
Sec. 351.301 and paragraphs (c) and (d) of Sec. 351.309 concerning 
dumping or a countervailable subsidy. All such submissions must be 
filed in accordance with Sec. 351.303.
    (c) Business proprietary information. Persons described in 
paragraph (b) of this section may request business proprietary 
treatment of information under Sec. 351.304, but will not be granted 
access under Sec. 351.305 to business proprietary information submitted 
by other persons.

Subpart D--Calculation of Export Price, Constructed Export Price, 
Fair Value, and Normal Value


Sec. 351.401  In general.

    (a) Introduction. In general terms, an antidumping analysis 
involves a comparison of export price or constructed export price in 
the United States with normal value in the foreign market. This section 
establishes certain general rules that apply to the calculation of 
export price, constructed export price and normal value. (See section 
772, section 773, and section 773A of the Act.)
    (b) Adjustments in general. In making adjustments to export price, 
constructed export price, or normal value, the Secretary will adhere to 
the following principles:
    (1) The interested party that is in possession of the relevant 
information has the burden of establishing to the satisfaction of the 
Secretary the amount and nature of a particular adjustment; and
    (2) The Secretary will not double-count adjustments.
    (c) Use of price net of price adjustments. In calculating export 
price, constructed export price, and normal value (where normal value 
is based on price), the Secretary will use a price that is net of any 
price adjustment, as defined in Sec. 351.102(b), that is reasonably 
attributable to the subject merchandise or the foreign like product 
(whichever is applicable).
    (d) Delayed payment or pre-payment of expenses. Where cost is the 
basis for determining the amount of an adjustment to export price, 
constructed export price, or normal value, the Secretary will not 
factor in any delayed payment or pre-payment of expenses by the 
exporter or producer.
    (e) Adjustments for movement expenses. (1) Original place of 
shipment. In making adjustments for movement expenses to establish 
export price or constructed export price under section 772(c)(2)(A) of 
the Act, or normal value under section 773(a)(6)(B)(ii) of the Act, the 
Secretary normally will consider the production facility as being the 
``original place of shipment. However, where the Secretary bases export 
price, constructed export price, or normal value on a sale by an 
unaffiliated reseller, the Secretary may treat the original place from 
which the reseller shipped the merchandise as the ``original place of 
shipment.''
    (2) Warehousing. The Secretary will consider warehousing expenses 
that are incurred after the subject merchandise or foreign like product 
leaves the original place of shipment as movement expenses.
    (f) Treatment of affiliated producers in antidumping proceedings. 
(1) In general. In an antidumping proceeding under this part, the 
Secretary will treat two or more affiliated producers as a single 
entity where those producers have production facilities for similar or 
identical products that would not require substantial retooling of 
either facility in order to restructure manufacturing priorities and 
the Secretary concludes that there is a significant potential for the 
manipulation of price or production.
    (2) Significant potential for manipulation. In identifying a 
significant potential for the manipulation of price or production, the 
factors the Secretary may consider include:
    (i) The level of common ownership;
    (ii) The extent to which managerial employees or board members of 
one firm sit on the board of directors of an affiliated firm; and
    (iii) Whether operations are intertwined, such as through the 
sharing of sales information, involvement in production and pricing 
decisions, the sharing of facilities or employees, or significant 
transactions between the affiliated producers.
    (g) Allocation of expenses and price adjustments. (1) In general. 
The Secretary may consider allocated expenses and price adjustments 
when transaction-specific reporting is not feasible, provided the 
Secretary is satisfied that the allocation method used does not cause 
inaccuracies or distortions.
    (2) Reporting allocated expenses and price adjustments. Any party 
seeking to report an expense or a price adjustment on an allocated 
basis must demonstrate to the Secretary's satisfaction that the 
allocation is calculated on as specific a basis as is feasible, and 
must explain why the allocation methodology used does not cause 
inaccuracies or distortions.
    (3) Feasibility. In determining the feasibility of transaction-
specific reporting or whether an allocation is calculated on as 
specific a basis as is

[[Page 27411]]

feasible, the Secretary will take into account the records maintained 
by the party in question in the ordinary course of its business, as 
well as such factors as the normal accounting practices in the country 
and industry in question and the number of sales made by the party 
during the period of investigation or review.
    (4) Expenses and price adjustments relating to merchandise not 
subject to the proceeding. The Secretary will not reject an allocation 
method solely because the method includes expenses incurred, or price 
adjustments made, with respect to sales of merchandise that does not 
constitute subject merchandise or a foreign like product (whichever is 
applicable).
    (h) Treatment of subcontractors (``tolling'' operations). The 
Secretary will not consider a toller or subcontractor to be a 
manufacturer or producer where the toller or subcontractor does not 
acquire ownership, and does not control the relevant sale, of the 
subject merchandise or foreign like product.
    (i) Date of sale. In identifying the date of sale of the subject 
merchandise or foreign like product, the Secretary normally will use 
the date of invoice, as recorded in the exporter or producer's records 
kept in the ordinary course of business. However, the Secretary may use 
a date other than the date of invoice if the Secretary is satisfied 
that a different date better reflects the date on which the exporter or 
producer establishes the material terms of sale.


Sec. 351.402  Calculation of export price and constructed export price; 
reimbursement of antidumping and countervailing duties.

    (a) Introduction. In order to establish export price, constructed 
export price, and normal value, the Secretary must make certain 
adjustments to the price to the unaffiliated purchaser (often called 
the ``starting price'') in both the United States and foreign markets. 
This regulation clarifies how the Secretary will make certain of the 
adjustments to the starting price in the United States that are 
required by section 772 of the Act.
    (b) Additional adjustments to constructed export price. In 
establishing constructed export price under section 772(d) of the Act, 
the Secretary will make adjustments for expenses associated with 
commercial activities in the United States that relate to the sale to 
an unaffiliated purchaser, no matter where or when paid. The Secretary 
will not make an adjustment for any expense that is related solely to 
the sale to an affiliated importer in the United States, although the 
Secretary may make an adjustment to normal value for such expenses 
under section 773(a)(6)(C)(iii) of the Act.
    (c) Special rule for merchandise with value added after 
importation. (1) Merchandise imported by affiliated persons. In 
applying section 772(e) of the Act, merchandise imported by and value 
added by a person affiliated with the exporter or producer includes 
merchandise imported and value added for the account of such an 
affiliated person.
    (2) Estimation of value added. The Secretary normally will 
determine that the value added in the United States by the affiliated 
person is likely to exceed substantially the value of the subject 
merchandise if the Secretary estimates the value added to be at least 
65 percent of the price charged to the first unaffiliated purchaser for 
the merchandise as sold in the United States. The Secretary normally 
will estimate the value added based on the difference between the price 
charged to the first unaffiliated purchaser for the merchandise as sold 
in the United States and the price paid for the subject merchandise by 
the affiliated person. The Secretary normally will base this 
determination on averages of the prices and the value added to the 
subject merchandise.
    (3) Determining dumping margins. For purposes of determining 
dumping margins under paragraphs (1) and (2) of section 772(e) of the 
Act, the Secretary may use the weighted-average dumping margins 
calculated on sales of identical or other subject merchandise sold to 
unaffiliated persons.
    (d) Special rule for determining profit. This paragraph sets forth 
rules for calculating profit in establishing constructed export price 
under section 772(f) of the Act.
    (1) Basis for total expenses and total actual profit. In 
calculating total expenses and total actual profit, the Secretary 
normally will use the aggregate of expenses and profit for all subject 
merchandise sold in the United States and all foreign like products 
sold in the exporting country, including sales that have been 
disregarded as being below the cost of production. (See section 773(b) 
of the Act (sales at less than cost of production).)
    (2) Use of financial reports. For purposes of determining profit 
under section 772(d)(3) of the Act, the Secretary may rely on any 
appropriate financial reports, including public, audited financial 
statements, or equivalent financial reports, and internal financial 
reports prepared in the ordinary course of business.
    (3) Voluntary reporting of costs of production. The Secretary will 
not require the reporting of costs of production solely for purposes of 
determining the amount of profit to be deducted from the constructed 
export price. The Secretary will base the calculation of profit on 
costs of production if such costs are reported voluntarily by the date 
established by the Secretary, and provided that it is practicable to do 
so and the costs of production are verifiable.
    (e) Treatment of payments between affiliated persons. Where a 
person affiliated with the exporter or producer incurs any of the 
expenses deducted from constructed export price under section 772(d) of 
the Act and is reimbursed for such expenses by the exporter, producer 
or other affiliate, the Secretary normally will make an adjustment 
based on the actual cost to the affiliated person. If the Secretary is 
satisfied that information regarding the actual cost to the affiliated 
person is unavailable to the exporter or producer, the Secretary may 
determine the amount of the adjustment on any other reasonable basis, 
including the amount of the reimbursement to the affiliated person if 
the Secretary is satisfied that such amount reflects the amount usually 
paid in the market under consideration.
    (f) Reimbursement of antidumping duties and countervailing duties. 
(1) In general. (i) In calculating the export price (or the constructed 
export price), the Secretary will deduct the amount of any antidumping 
duty or countervailing duty which the exporter or producer:
    (A) Paid directly on behalf of the importer; or
    (B) Reimbursed to the importer.
    (ii) The Secretary will not deduct the amount of any antidumping 
duty or countervailing duty paid or reimbursed if the exporter or 
producer granted to the importer before initiation of the antidumping 
investigation in question a warranty of nonapplicability of antidumping 
duties or countervailing duties with respect to subject merchandise 
which was:
    (A) Sold before the date of publication of the Secretary's order 
applicable to the merchandise in question; and
    (B) Exported before the date of publication of the Secretary's 
final antidumping determination.
    (iii) Ordinarily, under paragraph (f)(1)(i) of this section, the 
Secretary will deduct the amount reimbursed only once in the 
calculation of the export price (or constructed export price).
    (2) Certificate. The importer must file prior to liquidation a 
certificate in the

[[Page 27412]]

following form with the appropriate District Director of Customs:

    I hereby certify that I (have) (have not) entered into any 
agreement or understanding for the payment or for the refunding to 
me, by the manufacturer, producer, seller, or exporter, of all or 
any part of the antidumping duties or countervailing duties assessed 
upon the following importations of (commodity) from (country): (List 
entry numbers) which have been purchased on or after (date of 
publication of antidumping notice suspending liquidation in the 
Federal Register) or purchased before (same date) but exported on or 
after (date of final determination of sales at less than fair 
value).

    (3) Presumption. The Secretary may presume from an importer's 
failure to file the certificate required in paragraph (f)(2) of this 
section that the exporter or producer paid or reimbursed the 
antidumping duties or countervailing duties.


Sec. 351.403  Sales used in calculating normal value; transactions 
between affiliated parties.

    (a) Introduction. This section clarifies when the Secretary may use 
offers for sale in determining normal value. Additionally, this section 
clarifies the authority of the Secretary to use sales to or through an 
affiliated party as a basis for normal value. (See section 773(a)(5) of 
the Act (indirect sales or offers for sale).)
    (b) Sales and offers for sale. In calculating normal value, the 
Secretary normally will consider offers for sale only in the absence of 
sales and only if the Secretary concludes that acceptance of the offer 
can be reasonably expected.
    (c) Sales to an affiliated party. If an exporter or producer sold 
the foreign like product to an affiliated party, the Secretary may 
calculate normal value based on that sale only if satisfied that the 
price is comparable to the price at which the exporter or producer sold 
the foreign like product to a person who is not affiliated with the 
seller.
    (d) Sales through an affiliated party. If an exporter or producer 
sold the foreign like product through an affiliated party, the 
Secretary may calculate normal value based on the sale by such 
affiliated party. However, the Secretary normally will not calculate 
normal value based on the sale by an affiliated party if sales of the 
foreign like product by an exporter or producer to affiliated parties 
account for less than five percent of the total value (or quantity) of 
the exporter's or producer's sales of the foreign like product in the 
market in question or if sales to the affiliated party are comparable, 
as defined in paragraph (c) of this section.


Sec. 351.404  Selection of the market to be used as the basis for 
normal value.

    (a) Introduction. Although in most circumstances sales of the 
foreign like product in the home market are the most appropriate basis 
for determining normal value, section 773 of the Act also permits use 
of sales to a third country or constructed value as the basis for 
normal value. This section clarifies the rules for determining the 
basis for normal value.
    (b) Determination of viable market. (1) In general. The Secretary 
will consider the exporting country or a third country as constituting 
a viable market if the Secretary is satisfied that sales of the foreign 
like product in that country are of sufficient quantity to form the 
basis of normal value.
    (2) Sufficient quantity. ``Sufficient quantity'' normally means 
that the aggregate quantity (or, if quantity is not appropriate, value) 
of the foreign like product sold by an exporter or producer in a 
country is 5 percent or more of the aggregate quantity (or value) of 
its sales of the subject merchandise to the United States.
    (c) Calculation of price-based normal value in viable market. (1) 
In general. Subject to paragraph (c)(2) of this section:
    (i) If the exporting country constitutes a viable market, the 
Secretary will calculate normal value on the basis of price in the 
exporting country (see section 773(a)(1)(B)(i) of the Act (price used 
for determining normal value)); or
    (ii) If the exporting country does not constitute a viable market, 
but a third country does constitute a viable market, the Secretary may 
calculate normal value on the basis of price to a third country (see 
section 773(a)(1)(B)(ii) of the Act (use of third country prices in 
determining normal value)).
    (2) Exception. The Secretary may decline to calculate normal value 
in a particular market under paragraph (c)(1) of this section if it is 
established to the satisfaction of the Secretary that:
    (i) In the case of the exporting country or a third country, a 
particular market situation exists that does not permit a proper 
comparison with the export price or constructed export price (see 
section 773(a)(1)(B)(ii)(III) or section 773(a)(1)(C)(iii) of the Act); 
or
    (ii) In the case of a third country, the price is not 
representative (see section 773(a)(1)(B)(ii)(I) of the Act).
    (d) Allegations concerning market viability and the basis for 
determining a price-based normal value. In an antidumping investigation 
or review, allegations regarding market viability or the exceptions in 
paragraph (c)(2) of this section, must be filed, with all supporting 
factual information, in accordance with Sec. 351.301(d)(1).
    (e) Selection of third country. For purposes of calculating normal 
value based on prices in a third country, where prices in more than one 
third country satisfy the criteria of section 773(a)(1)(B)(ii) of the 
Act and this section, the Secretary generally will select the third 
country based on the following criteria:
    (1) The foreign like product exported to a particular third country 
is more similar to the subject merchandise exported to the United 
States than is the foreign like product exported to other third 
countries;
    (2) The volume of sales to a particular third country is larger 
than the volume of sales to other third countries;
    (3) Such other factors as the Secretary considers appropriate.
    (f) Third country sales and constructed value. The Secretary 
normally will calculate normal value based on sales to a third country 
rather than on constructed value if adequate information is available 
and verifiable (see section 773(a)(4) of the Act (use of constructed 
value)).


Sec. 351.405  Calculation of normal value based on constructed value.

    (a) Introduction. In certain circumstances, the Secretary may 
determine normal value by constructing a value based on the cost of 
manufacture, selling general and administrative expenses, and profit. 
The Secretary may use constructed value as the basis for normal value 
where: neither the home market nor a third country market is viable; 
sales below the cost of production are disregarded; sales outside the 
ordinary course of trade, or sales the prices of which are otherwise 
unrepresentative, are disregarded; sales used to establish a fictitious 
market are disregarded; no contemporaneous sales of comparable 
merchandise are available; or in other circumstances where the 
Secretary determines that home market or third country prices are 
inappropriate. (See section 773(e) and section 773(f) of the Act.) This 
section clarifies the meaning of certain terms relating to constructed 
value.
    (b) Profit and selling, general, and administrative expenses. In 
determining the amount to be added to constructed value for profit and 
for selling, general, and administrative expenses, the following rules 
will apply:
    (1) Under section 773(e)(2)(A) of the Act, ``foreign country'' 
means the country in which the merchandise is produced or a third 
country selected by the Secretary under Sec. 351.404(e), as 
appropriate.

[[Page 27413]]

    (2) Under section 773(e)(2)(B) of the Act, ``foreign country'' 
means the country in which the merchandise is produced.


Sec. 351.406  Calculation of normal value if sales are made at less 
than cost of production.

    (a) Introduction. In determining normal value, the Secretary may 
disregard sales of the foreign like product made at prices that are 
less than the cost of production of that product. However, such sales 
will be disregarded only if they are made within an extended period of 
time, in substantial quantities, and are not at prices which permit 
recovery of costs within a reasonable period of time. (See section 
773(b) of the Act.) This section clarifies the meaning of the term 
``extended period of time'' as used in the Act.
    (b) Extended period of time. The ``extended period of time'' under 
section 773(b)(1)(A) of the Act normally will coincide with the period 
in which the sales under consideration for the determination of normal 
value were made.


Sec. 351.407  Calculation of constructed value and cost of production.

    (a) Introduction. This section sets forth certain rules that are 
common to the calculation of constructed value and the cost of 
production. (See section 773(f) of the Act.)
    (b) Determination of value under the major input rule. For purposes 
of section 773(f)(3) of the Act, the Secretary normally will determine 
the value of a major input purchased from an affiliated person based on 
the higher of:
    (1) The price paid by the exporter or producer to the affiliated 
person for the major input;
    (2) The amount usually reflected in sales of the major input in the 
market under consideration; or
    (3) The cost to the affiliated person of producing the major input.
    (c) Allocation of costs. In determining the appropriate method for 
allocating costs among products, the Secretary may take into account 
production quantities, relative sales values, and other quantitative 
and qualitative factors associated with the manufacture and sale of the 
subject merchandise and the foreign like product.
    (d) Startup costs. (1) In identifying startup operations under 
section 773(f)(1)(C)(ii) of the Act:
    (i) ``New production facilities'' includes the substantially 
complete retooling of an existing plant. Substantially complete 
retooling involves the replacement of nearly all production machinery 
or the equivalent rebuilding of existing machinery.
    (ii) A ``new product'' is one requiring substantial additional 
investment, including products which, though sold under an existing 
nameplate, involve the complete revamping or redesign of the product. 
Routine model year changes will not be considered a new product.
    (iii) Mere improvements to existing products or ongoing 
improvements to existing facilities will not be considered startup 
operations.
    (iv) An expansion of the capacity of an existing production line 
will not qualify as a startup operation unless the expansion 
constitutes such a major undertaking that it requires the construction 
of a new facility and results in a depression of production levels due 
to technical factors associated with the initial phase of commercial 
production of the expanded facilities.
    (2) In identifying the end of the startup period under clauses (ii) 
and (iii) of section 773(f)(1)(C) of the Act:
    (i) The attainment of peak production levels will not be the 
standard for identifying the end of the startup period, because the 
startup period may end well before a company achieves optimum capacity 
utilization.
    (ii) The startup period will not be extended to cover improvements 
and cost reductions that may occur over the entire life cycle of a 
product.
    (3) In determining when a producer reaches commercial production 
levels under section 773(f)(1)(C)(ii) of the Act:
    (i) The Secretary will consider the actual production experience of 
the merchandise in question, measuring production on the basis of units 
processed.
    (ii) To the extent necessary, the Secretary will examine factors in 
addition to those specified in section 773(f)(1)(C)(ii) of the Act, 
including historical data reflecting the same producer's or other 
producers' experiences in producing the same or similar products. A 
producer's projections of future volume or cost will be accorded little 
weight.
    (4) In making an adjustment for startup operations under section 
773(f)(1)(C)(iii) of the Act:
    (i) The Secretary will determine the duration of the startup period 
on a case-by-case basis.
    (ii) The difference between actual costs and the costs of 
production calculated for startup costs will be amortized over a 
reasonable period of time subsequent to the startup period over the 
life of the product or machinery, as appropriate.
    (iii) The Secretary will consider unit production costs to be items 
such as depreciation of equipment and plant, labor costs, insurance, 
rent and lease expenses, material costs, and factory overhead. The 
Secretary will not consider sales expenses, such as advertising costs, 
or other general and administrative or non-production costs (such as 
general research and development costs), as startup costs.


Sec. 351.408  Calculation of normal value of merchandise from nonmarket 
economy countries.

    (a) Introduction. In identifying dumping from a nonmarket economy 
country, the Secretary normally will calculate normal value by valuing 
the nonmarket economy producers' factors of production in a market 
economy country. (See section 773(c) of the Act.) This section 
clarifies when and how this special methodology for nonmarket economies 
will be applied.
    (b) Economic Comparability. In determining whether a country is at 
a level of economic development comparable to the nonmarket economy 
under section 773(c)(2)(B) or section 773(c)(4)(A) of the Act, the 
Secretary will place primary emphasis on per capita GDP as the measure 
of economic comparability.
    (c) Valuation of Factors of Production. For purposes of valuing the 
factors of production, general expenses, profit, and the cost of 
containers, coverings, and other expenses (referred to collectively as 
``factors'') under section 773(c)(1) of the Act the following rules 
will apply:
    (1) Information used to value factors. The Secretary normally will 
use publicly available information to value factors. However, where a 
factor is purchased from a market economy supplier and paid for in a 
market economy currency, the Secretary normally will use the price paid 
to the market economy supplier. In those instances where a portion of 
the factor is purchased from a market economy supplier and the 
remainder from a nonmarket economy supplier, the Secretary normally 
will value the factor using the price paid to the market economy 
supplier.
    (2) Valuation in a single country. Except for labor, as provided in 
paragraph (d)(3) of this section, the Secretary normally will value all 
factors in a single surrogate country.
    (3) Labor. For labor, the Secretary will use regression-based wage 
rates reflective of the observed relationship between wages and 
national income in market economy countries. The Secretary will 
calculate the wage rate to

[[Page 27414]]

be applied in nonmarket economy proceedings each year. The calculation 
will be based on current data, and will be made available to the 
public.
    (4) Manufacturing overhead, general expenses, and profit. For 
manufacturing overhead, general expenses, and profit, the Secretary 
normally will use non-proprietary information gathered from producers 
of identical or comparable merchandise in the surrogate country.


Sec. 351.409  Differences in quantities.

    (a) Introduction. Because the quantity of merchandise sold may 
affect the price, in comparing export price or constructed export price 
with normal value, the Secretary will make a reasonable allowance for 
any difference in quantities to the extent the Secretary is satisfied 
that the amount of any price differential (or lack thereof) is wholly 
or partly due to that difference in quantities. (See section 
773(a)(6)(C)(i) of the Act.)
    (b) Sales with quantity discounts in calculating normal value. The 
Secretary normally will calculate normal value based on sales with 
quantity discounts only if:
    (1) During the period examined, or during a more representative 
period, the exporter or producer granted quantity discounts of at least 
the same magnitude on 20 percent or more of sales of the foreign like 
product for the relevant country; or
    (2) The exporter or producer demonstrates to the Secretary's 
satisfaction that the discounts reflect savings specifically 
attributable to the production of the different quantities.
    (c) Sales with quantity discounts in calculating weighted-average 
normal value. If the exporter or producer does not satisfy the 
conditions of paragraph (b) of this section, the Secretary will 
calculate normal value based on weighted-average prices that include 
sales at a discount.
    (d) Price lists. In determining whether a discount has been 
granted, the existence or lack of a published price list reflecting 
such a discount will not be controlling. Ordinarily, the Secretary will 
give weight to a price list only if, in the line of trade and market 
under consideration, the exporter or producer demonstrates that it has 
adhered to its price list.
    (e) Relationship to level of trade adjustment. If adjustments are 
claimed for both differences in quantities and differences in level of 
trade, the Secretary will not make an adjustment for differences in 
quantities unless the Secretary is satisfied that the effect on price 
comparability of differences in quantities has been identified and 
established separately from the effect on price comparability of 
differences in the levels of trade.


Sec. 351.410  Differences in circumstances of sale

    (a) Introduction. In calculating normal value the Secretary may 
make adjustments to account for certain differences in the 
circumstances of sales in the United States and foreign markets. (See 
section 773(a)(6)(C)(iii) of the Act.) This section clarifies certain 
terms used in the statute regarding circumstances of sale adjustments 
and describes the adjustment when commissions are paid only in one 
market.
    (b) In general. With the exception of the allowance described in 
paragraph (e) of this section concerning commissions paid in only one 
market, the Secretary will make circumstances of sale adjustments under 
section 773(a)(6)(C)(iii) of the Act only for direct selling expenses 
and assumed expenses.
    (c) Direct selling expenses. ``Direct selling expenses'' are 
expenses, such as commissions, credit expenses, guarantees, and 
warranties, that result from, and bear a direct relationship to, the 
particular sale in question.
    (d) Assumed expenses. Assumed expenses are selling expenses that 
are assumed by the seller on behalf of the buyer, such as advertising 
expenses.
    (e) Commissions paid in one market. The Secretary normally will 
make a reasonable allowance for other selling expenses if the Secretary 
makes a reasonable allowance for commissions in one of the markets 
under considerations, and no commission is paid in the other market 
under consideration. The Secretary will limit the amount of such 
allowance to the amount of the other selling expenses incurred in the 
one market or the commissions allowed in the other market, whichever is 
less.
    (f) Reasonable allowance. In deciding what is a reasonable 
allowance for any difference in circumstances of sale, the Secretary 
normally will consider the cost of such difference to the exporter or 
producer but, if appropriate, may also consider the effect of such 
difference on the market value of the merchandise.


Sec. 351.411  Differences in physical characteristics.

    (a) Introduction. In comparing United States sales with foreign 
market sales, the Secretary may determine that the merchandise sold in 
the United States does not have the same physical characteristics as 
the merchandise sold in the foreign market, and that the difference has 
an effect on prices. In calculating normal value, the Secretary will 
make a reasonable allowance for such differences. (See section 
773(a)(6)(C)(ii) of the Act.)
    (b) Reasonable allowance. In deciding what is a reasonable 
allowance for differences in physical characteristics, the Secretary 
will consider only differences in variable costs associated with the 
physical differences. Where appropriate, the Secretary may also 
consider differences in the market value. The Secretary will not 
consider differences in cost of production when compared merchandise 
has identical physical characteristics.


Sec. 351.412  Levels of trade; adjustment for difference in level of 
trade; constructed export price offset.

    (a) Introduction. In comparing United States sales with foreign 
market sales, the Secretary may determine that sales in the two markets 
were not made at the same level of trade, and that the difference has 
an effect on the comparability of the prices. The Secretary is 
authorized to adjust normal value to account for such a difference. 
(See section 773(a)(7) of the Act.)
    (b) Adjustment for difference in level of trade. The Secretary will 
adjust normal value for a difference in level of trade if:
    (1) The Secretary calculates normal value at a different level of 
trade from the level of trade of the export price or the constructed 
export price (whichever is applicable); and
    (2) The Secretary determines that the difference in level of trade 
has an effect on price comparability.
    (c) Identifying levels of trade and differences in levels of trade. 
(1) Basis for identifying levels of trade. The Secretary will identify 
the level of trade based on:
    (i) In the case of export price, the starting price;
    (ii) In the case of constructed export price, the starting price, 
as adjusted under section 772(d) of the Act; and
    (iii) In the case of normal value, the starting price or 
constructed value.
    (2) Differences in levels of trade. The Secretary will determine 
that sales are made at different levels of trade if they are made at 
different marketing stages (or their equivalent). Substantial 
differences in selling activities are a necessary, but not sufficient, 
condition for determining that there is a difference in the stage of 
marketing. Some overlap in selling activities will not preclude a 
determination that two sales are at different stages of marketing.
    (d) Effect on price comparability. (1) In general. The Secretary 
will determine that a difference in level of trade has an

[[Page 27415]]

effect on price comparability only if it is established to the 
satisfaction of the Secretary that there is a pattern of consistent 
price differences between sales in the market in which normal value is 
determined:
    (i) At the level of trade of the export price or constructed export 
price (whichever is appropriate); and
    (ii) At the level of trade at which normal value is determined.
    (2) Relevant sales. Where possible, the Secretary will make the 
determination under paragraph (d)(1) of this section on the basis of 
sales of the foreign like product by the producer or exporter. Where 
this is not possible, the Secretary may use sales of different or 
broader product lines, sales by other companies, or any other 
reasonable basis.
    (e) Amount of adjustment. The Secretary normally will calculate the 
amount of a level of trade adjustment by:
    (1) Calculating the weighted-averages of the prices of sales at the 
two levels of trade identified in paragraph (d), after making any other 
adjustments to those prices appropriate under section 773(a)(6) of the 
Act and this subpart;
    (2) Calculating the average of the percentage differences between 
those weighted-average prices; and
    (3) Applying the percentage difference to normal value, where it is 
at a different level of trade from the export price or constructed 
export price (whichever is applicable), after making any other 
adjustments to normal value appropriate under section 773(a)(6) of the 
Act and this subpart.
    (f) Constructed export price offset. (1) In general. The Secretary 
will grant a constructed export price offset only where:
    (i) Normal value is compared to constructed export price;
    (ii) Normal value is determined at a more advanced level of trade 
than the level of trade of the constructed export price; and
    (iii) Despite the fact that a person has cooperated to the best of 
its ability, the data available do not provide an appropriate basis to 
determine under paragraph (d) of this section whether the difference in 
level of trade affects price comparability.
    (2) Amount of the offset. The amount of the constructed export 
price offset will be the amount of indirect selling expenses included 
in normal value, up to the amount of indirect selling expenses deducted 
in determining constructed export price. In making the constructed 
export price offset, ``indirect selling expenses'' means selling 
expenses, other than direct selling expenses or assumed selling 
expenses (see Sec. 351.410), that the seller would incur regardless of 
whether particular sales were made, but that reasonably may be 
attributed, in whole or in part, to such sales.
    (3) Where data permit determination of affect on price 
comparability. Where available data permit the Secretary to determine 
under paragraph (d) of this section whether the difference in level of 
trade affects price comparability, the Secretary will not grant a 
constructed export price offset. In such cases, if the Secretary 
determines that price comparability has been affected, the Secretary 
will make a level of trade adjustment. If the Secretary determines that 
price comparability has not been affected, the Secretary will not grant 
either a level of trade adjustment or a constructed export price 
offset.


Sec. 351.413  Disregarding insignificant adjustments.

    Ordinarily, under section 777A(a)(2) of the Act, an ``insignificant 
adjustment'' is any individual adjustment having an ad valorem effect 
of less than 0.33 percent, or any group of adjustments having an ad 
valorem effect of less than 1.0 percent, of the export price, 
constructed export price, or normal value, as the case may be. Groups 
of adjustments are adjustments for differences in circumstances of sale 
under Sec. 351.410, adjustments for differences in the physical 
characteristics of the merchandise under Sec. 351.411, and adjustments 
for differences in the levels of trade under Sec. 351.412.


Sec. 351.414  Comparison of normal value with export price (constructed 
export price).

    (a) Introduction. The Secretary normally will average prices used 
as the basis for normal value and, in an investigation, prices used as 
the basis for export price or constructed export price as well. This 
section explains when and how the Secretary will average prices in 
making comparisons of export price or constructed export price with 
normal value. (See section 777A(d) of the Act.)
    (b) Description of methods of comparison. (1) Average-to-average 
method. The ``average-to-average'' method involves a comparison of the 
weighted average of the normal values with the weighted average of the 
export prices (and constructed export prices) for comparable 
merchandise.
    (2) Transaction-to-transaction method. The ``transaction-to-
transaction'' method involves a comparison of the normal values of 
individual transactions with the export prices (or constructed export 
prices) of individual transactions for comparable merchandise.
    (3) Average-to-transaction method. The ``average-to-transaction'' 
method involves a comparison of the weighted average of the normal 
values to the export prices (or constructed export prices) of 
individual transactions for comparable merchandise.
    (c) Preferences. (1) In an investigation, the Secretary normally 
will use the average-to-average method. The Secretary will use the 
transaction-to-transaction method only in unusual situations, such as 
when there are very few sales of subject merchandise and the 
merchandise sold in each market is identical or very similar or is 
custom-made.
    (2) In a review, the Secretary normally will use the average-to-
transaction method.
    (d) Application of the average-to-average method. (1) In general. 
In applying the average-to-average method, the Secretary will identify 
those sales of the subject merchandise to the United States that are 
comparable, and will include such sales in an ``averaging group.'' The 
Secretary will calculate a weighted average of the export prices and 
the constructed export prices of the sales included in the averaging 
group, and will compare this weighted average to the weighted average 
of the normal values of such sales.
    (2) Identification of the averaging group. An averaging group will 
consist of subject merchandise that is identical or virtually identical 
in all physical characteristics and that is sold to the United States 
at the same level of trade. In identifying sales to be included in an 
averaging group, the Secretary also will take into account, where 
appropriate, the region of the United States in which the merchandise 
is sold, and such other factors as the Secretary considers relevant.
    (3) Time period over which weighted average is calculated. When 
applying the average-to-average method, the Secretary normally will 
calculate weighted averages for the entire period of investigation or 
review, as the case may be. However, when normal values, export prices, 
or constructed export prices differ significantly over the course of 
the period of investigation or review, the Secretary may calculate 
weighted averages for such shorter period as the Secretary deems 
appropriate.
    (e) Application of the average-to-transaction method. (1) In 
general. In applying the average-to-transaction method in a review, 
when normal value is based on the weighted average of sales of the 
foreign like product, the

[[Page 27416]]

Secretary will limit the averaging of such prices to sales incurred 
during the contemporaneous month.
    (2) Contemporaneous month. Normally, the Secretary will select as 
the contemporaneous month the first of the following which applies:
    (i) The month during which the particular U.S. sale under 
consideration was made;
    (ii) If there are no sales of the foreign like product during this 
month, the most recent of the three months prior to the month of the 
U.S. sale in which there was a sale of the foreign like product.
    (iii) If there are no sales of the foreign like product during any 
of these months, the earlier of the two months following the month of 
the U.S. sale in which there was a sale of the foreign like product.
    (f) Targeted dumping. (1) In general. Notwithstanding paragraph 
(c)(1) of this section, the Secretary may apply the average-to-
transaction method, as described in paragraph (e) of this section, in 
an antidumping investigation if:
    (i) As determined through the use of, among other things, standard 
and appropriate statistical techniques, there is targeted dumping in 
the form of a pattern of export prices (or constructed export prices) 
for comparable merchandise that differ significantly among purchasers, 
regions, or periods of time; and
    (ii) The Secretary determines that such differences cannot be taken 
into account using the average-to-average method or the transaction-to-
transaction method and explains the basis for that determination.
    (2) Limitation of average-to-transaction method to targeted 
dumping. Where the criteria for identifying targeted dumping under 
paragraph (f)(1) of this section are satisfied, the Secretary normally 
will limit the application of the average-to-transaction method to 
those sales that constitute targeted dumping under paragraph (f)(1)(i) 
of this section.
    (3) Allegations concerning targeted dumping. The Secretary normally 
will examine only targeted dumping described in an allegation, filed 
within the time indicated in Sec. 351.301(d)(5). Allegations must 
include all supporting factual information, and an explanation as to 
why the average-to-average or transaction-to-transaction method could 
not take into account any alleged price differences.
    (g) Requests for information. In an investigation, the Secretary 
will request information relevant to the identification of averaging 
groups under paragraph (d)(2) of this section and to the analysis of 
possible targeted dumping under paragraph (f) of this section. If a 
response to a request for such information is such as to warrant the 
application of the facts otherwise available, within the meaning of 
section 776 of the Act and Sec. 351.308, the Secretary may apply the 
average-to-transaction method to all the sales of the producer or 
exporter concerned.


Sec. 351.415  Conversion of currency.

    (a) In general. In an antidumping proceeding, the Secretary will 
convert foreign currencies into United States dollars using the rate of 
exchange on the date of sale of the subject merchandise.
    (b) Exception. If the Secretary establishes that a currency 
transaction on forward markets is directly linked to an export sale 
under consideration, the Secretary will use the exchange rate specified 
with respect to such foreign currency in the forward sale agreement to 
convert the foreign currency.
    (c) Exchange rate fluctuations. The Secretary will ignore 
fluctuations in exchange rates.
    (d) Sustained movement in foreign currency value. In an antidumping 
investigation, if there is a sustained movement increasing the value of 
the foreign currency relative to the United States dollar, the 
Secretary will allow exporters 60 days to adjust their prices to 
reflect such sustained movement.

Subpart E--[Reserved]

Subpart F--Subsidy Determinations Regarding Cheese Subject to an 
In-Quota Rate of Duty


Sec. 351.601  Annual list and quarterly update of subsidies.

    The Secretary will make the determinations called for by section 
702(a) of the Trade Agreements Act of 1979, as amended (19 U.S.C. 1202 
note) based on the available information, and will publish the annual 
list and quarterly updates described in such section in the Federal 
Register.


Sec. 351.602  Determination upon request.

    (a) Request for determination. (1) Any person, including the 
Secretary of Agriculture, who has reason to believe there have been 
changes in or additions to the latest annual list published under 
Sec. 351.601 may request in writing that the Secretary determine under 
section 702(a)(3) of the Trade Agreements Act of 1979 whether there are 
any changes or additions. The person must file the request with the 
Central Records Unit (see Sec. 351.103). The request must allege either 
a change in the type or amount of any subsidy included in the latest 
annual list or quarterly update or an additional subsidy not included 
in that list or update provided by a foreign government, and must 
contain the following, to the extent reasonably available to the 
requesting person:
    (i) The name and address of the person;
    (ii) The article of cheese subject to an in-quota rate of duty 
allegedly benefitting from the changed or additional subsidy;
    (iii) The country of origin of the article of cheese subject to an 
in-quota rate of duty; and
    (iv) The alleged subsidy or changed subsidy and relevant factual 
information (particularly documentary evidence) regarding the alleged 
changed or additional subsidy including the authority under which it is 
provided, the manner in which it is paid, and the value of the subsidy 
to producers or exporters of the article.
    (2) The requirements of Sec. 351.303 (c) and (d) apply to this 
section.
    (b) Determination. Not later than 30 days after receiving an 
acceptable request, the Secretary will:
    (1) In consultation with the Secretary of Agriculture, determine 
based on the available information whether there has been any change in 
the type or amount of any subsidy included in the latest annual list or 
quarterly update or an additional subsidy not included in that list or 
update is being provided by a foreign government;
    (2) Notify the Secretary of Agriculture and the person making the 
request of the determination; and
    (3) Promptly publish in the Federal Register notice of any changes 
or additions.


Sec. 351.603  Complaint of price-undercutting by subsidized imports.

    Upon receipt of a complaint filed with the Secretary of Agriculture 
under section 702(b) of the Trade Agreements Act concerning price-
undercutting by subsidized imports, the Secretary will promptly 
determine, under section 702(a)(3) of the Trade Agreements Act of 1979, 
whether or not the alleged subsidies are included in or should be added 
to the latest annual list or quarterly update.


Sec. 351.604  Access to information.

    Subpart C of this part applies to factual information submitted in 
connection with this subpart.

Subpart G--Applicability Dates


Sec. 351.701  Applicability dates.

    The regulations contained in this part 351 apply to all 
administrative reviews initiated on the basis of requests made

[[Page 27417]]

on or after the first day of July, 1997, to all investigations and 
other segments of proceedings initiated on the basis of petitions filed 
or requests made after June 18, 1997 and to segments of proceedings 
self-initiated by the Department after June 18, 1997. Segments of 
proceedings to which part 351 do not apply will continue to be governed 
by the regulations in effect on the date the petitions were filed or 
requests were made for those segments, to the extent that those 
regulations were not invalidated by the URAA or replaced by the interim 
final regulations published on May 11, 1995 (60 FR 25130 (1995)). For 
segments of proceedings initiated on the basis of petitions filed or 
requests made after January 1, 1995, but before part 351 applies, part 
351 will serve as a restatement of the Department's interpretation of 
the requirements of the Act as amended by the URAA.

    Annex I.--Deadlines for Parties in Countervailing Investigations    
------------------------------------------------------------------------
           Day \1\                    Event              Regulation     
------------------------------------------------------------------------
0 days......................  Initiation..........  ....................
31 days \2\.................  Notification of       351.301(c)(2)(iv)   
                               difficulty in         (14 days after date
                               responding to         of receipt of      
                               questionnaire.        initial            
                                                     questionnaire).    
37 days.....................  Application for an    351.305(b)(3).      
                               administrative                           
                               protective order.                        
40 days.....................  Request for           351.205(e) (25 days 
                               postponement by       or more before     
                               petitioner.           preliminary        
                                                     determination).    
45 days.....................  Allegation of         351.206(c)(2)(i) (20
                               critical              days before        
                               circumstances.        preliminary        
                                                     determination).    
47 days.....................  Questionnaire         351.301(c)(2)(iii)  
                               response.             (30 days from date 
                                                     of receipt of      
                                                     initial            
                                                     questionnaire).    
55 days.....................  Allegation of         351.301(d)(4)(ii)(A)
                               upstream subsidies.   (10 days before    
                                                     preliminary        
                                                     determination).    
65 days (Can be extended)...  Preliminary           351.205(b)(1).      
                               determination.                           
72 days.....................  Submission of         351.208(f)(1)(B) (7 
                               proposed suspension   days after         
                               agreement.            preliminary        
                                                     determination).    
75 days \3\.................  Submission of         351.301(b)(1) (7    
                               factual information.  days before date on
                                                     which verification 
                                                     is to commence).   
75 days.....................  Submission of         351.224(c)(2) (5    
                               ministerial error     days after release 
                               comments.             of disclosure      
                                                     documents).        
77 days \4\.................  Request to align a    351.210(i) (5 days  
                               CVD case with a       after date of      
                               concurrent AD case.   publication of     
                                                     preliminary        
                                                     determination).    
102 days....................  Request for a         351.310(c) (30 days 
                               hearing.              after date of      
                                                     publication of     
                                                     preliminary        
                                                     determination).    
119 days....................  Critical              351.206(e) (21 days 
                               circumstances         or more before     
                               allegation.           final              
                                                     determination).    
122 days....................  Requests for closed   351.310(f) (No later
                               hearing sessions.     than the date the  
                                                     case briefs are    
                                                     due).              
122 days....................  Submission of briefs  351.309(c)(1)(i) (50
                                                     days after date of 
                                                     publication of     
                                                     preliminary        
                                                     determination).    
125 days....................  Allegation of         351.301(d)(4)(ii)(B)
                               upstream subsidies.   (15 days before    
                                                     final              
                                                     determination).    
127 days....................  Submission of         351.309(d) (5 days  
                               rebuttal briefs.      after dead-line for
                                                     filing case brief).
129 days....................  Hearing.............  351.310(d)(1) (2    
                                                     days after         
                                                     submission of      
                                                     rebuttal briefs).  
140 days (Can be extended)..  Final determination.  351.210(b)(1) (75   
                                                     days after         
                                                     preliminary        
                                                     determination).    
150 days....................  Submission of         351.224(c)(2) (5    
                               ministerial error     days after release 
                               comments.             of disclosure      
                                                     documents).        
155 days....................  Submission of         351.224(c)(3) (5    
                               replies to            days after filing  
                               ministerial error     of comments).      
                               comments.                                
192 days....................  Order issued........  351.211(b).         
------------------------------------------------------------------------
\1\ Indicates the number of days from the date of initiation. Most of   
  the deadlines shown here are approximate. The actual deadline in any  
  particular segment of a proceeding may depend on the date of an       
  earlier event or be established by the Secretary.                     
\2\ Assumes that the Department sends out the questionnaire within 10   
  days of the initiation and allows 7 days for receipt of the           
  questionnaire from the date on which it was transmitted.              
\3\ Assumes about 17 days between the preliminary determination and     
  verification.                                                         
\4\ Assumes that the preliminary determination is published 7 days after
  issuance (i.e., signature).                                           


    Annex II.--Deadlines for Parties in Countervailing Administrative   
                                 Reviews                                
------------------------------------------------------------------------
           Day \1\                    Event              Regulation     
------------------------------------------------------------------------
0 days......................  Request for review..  351.213(b) (Last day
                                                     of the anniversary 
                                                     month).            
30 days.....................  Publication of        351.221(c)(1)(i)    
                               initiation notice.    (End of month      
                                                     following the      
                                                     anniversary month).
66 days \2\.................  Notification of       351.301(c)(2)(iv)   
                               difficulty in         (14 days after date
                               responding to         of receipt of      
                               questionnaire.        initial            
                                                     questionnaire).    
75 days.....................  Application for an    351.305(b)(3).      
                               administrative                           
                               protective order.                        

[[Page 27418]]

                                                                        
90 days \3\.................  Questionnaire         351.301(c)(2)(iii)  
                               response.             (At least 30 days  
                                                     after date of      
                                                     receipt of initial 
                                                     questionnaire).    
120 days....................  Withdrawal of         351.213(d)(1) (90   
                               request for review.   days after date of 
                                                     publication of     
                                                     initiation).       
130 days....................  Request for           351.307(b)(1)(v)    
                               verification.         (100 days after    
                                                     date of publication
                                                     of initiation).    
140 days....................  Submission of         351.301(b)(2).      
                               factual information.                     
245 days (Can be extended)..  Preliminary results   351.213(h)(1).      
                               of review.                               
282 days \4\................  Request for a         351.310(c);         
                               hearing and/or        351.310(f) (30 days
                               closed hearing        after date of      
                               session.              publication of     
                                                     preliminary        
                                                     results).          
282 days....................  Submission of briefs  351.309(c)(1)(ii)   
                                                     (30 days after date
                                                     of publication of  
                                                     preliminary        
                                                     results).          
287 days....................  Submission of         351.309(d)(1) (5    
                               rebuttal briefs.      days after deadline
                                                     for filing case    
                                                     briefs).           
289 days....................  Hearing.............  351.310(d)(1) (2    
                                                     days after         
                                                     submission of      
                                                     rebuttal briefs).  
372 days (Can be extended)..  Final results of      351.213(h)(1) (120  
                               review.               days after date of 
                                                     publication of     
                                                     preliminary        
                                                     results).          
382 days....................  Submission of         351.224(c)(2) (5    
                               ministerial error     days after release 
                               comments.             of disclosure      
                                                     documents).        
387 days....................  Replies to            351.224(c)(3) (5    
                               ministerial error     days after filing  
                               comments.             of comments).      
------------------------------------------------------------------------
\1\ Indicates the number of days from the end of the anniversary month. 
  Most of the deadlines shown here are approximate. The actual deadline 
  in any particular segment of a proceeding may depend on the date of an
  earlier event or be established by the Secretary.                     
\2\ Assumes that the Department sends out the questionnaire 45 days     
  after the last day of the anniversary month and allows 7 days for     
  receipt of the questionnaire from the date on which it was            
  transmitted.                                                          
\3\ Assumes that the Department sends out the questionnaire on day 45   
  and the response is due 45 days later.                                
\4\ Assumes that the preliminary results are published 7 days after     
  issuance (i.e., signature).                                           


     Annex III.--Deadlines for Parties in Antidumping Investigations    
------------------------------------------------------------------------
           Day \1\                    Event              Regulation     
------------------------------------------------------------------------
0 days......................  Initiation..........  ....................
37 days.....................  Application for an    351.305(b)(3).      
                               administrative                           
                               protective order.                        
50 days.....................  Country-wide cost     351.301(d)(2)(i)(A) 
                               allegation.           (20 days after date
                                                     on which initial   
                                                     questionnaire was  
                                                     transmitted).      
51 days \2\.................  Notification of       351.301(c)(2)(iv)   
                               difficulty in         (Within 14 days    
                               responding to         after date of      
                               questionnaire.        receipt of initial 
                                                     questionnaire).    
51 days.....................  Section A response..  None.               
67 days.....................  Sections B, C, D, E   351.301(c)(2)(iii)  
                               responses.            (At least 30 days  
                                                     after date of      
                                                     receipt of initial 
                                                     questionnaire).    
70 days.....................  Viability arguments.  351.301(d)(1) (40   
                                                     days after date on 
                                                     which initial      
                                                     questionnaire was  
                                                     transmitted).      
87 days.....................  Company-specific      351.301(d)(2)(i)(B).
                               cost allegations.                        
87 days.....................  Major input cost      351.301(d)(3).      
                               allegations.                             
115 days....................  Request for           351.205(e) (25 days 
                               postponement by       or more before     
                               petitioner.           preliminary        
                                                     determination).    
120 days....................  Allegation of         351.206(c)(2)(i) (20
                               critical              days before        
                               circumstances.        preliminary        
                                                     determination).    
140 days (Can be extended)..  Preliminary           351.205(b)(1).      
                               determination.                           
150 days....................  Submission of         351.224(c)(2) (5    
                               ministerial error     days after release 
                               comments.             of disclosure      
                                                     documents).        
155 days....................  Submission of         351.208(f)(1)(A) (15
                               proposed suspension   days after         
                               agreement.            preliminary        
                                                     determination).    
161 days \3\................  Submission of         351.301(b)(1) (7    
                               factual information.  days before date on
                                                     which verification 
                                                     is to commence).   
177 days \4\................  Request for a         351.310(c) (30 days 
                               hearing.              after date of      
                                                     publication of     
                                                     preliminary        
                                                     determination).    
187 days....................  Submission of         351.301(c)(3)(i) (40
                               publicly available    days after date of 
                               information to        publication of     
                               value factors         preliminary        
                               (NME's).              determination).    
194 days....................  Critical              351.206(e) (21 days 
                               circumstance          before final       
                               allegation.           determination).    
197 days (Can be changed)...  Request for closed    351.310(f) (No later
                               hearing sessions.     than the date the  
                                                     case briefs are    
                                                     due).              
197 days (Can be changed)...  Submission of briefs  351.309(c)(1)(i) (50
                                                     days after date of 
                                                     publication of     
                                                     preliminary        
                                                     determination).    
202 days....................  Submission of         351.309(d) (5 days  
                               rebuttal briefs.      after dealine for  
                                                     filing case        
                                                     briefs).           
204 days....................  Hearing.............  351.310(d)(1) (2    
                                                     days after         
                                                     submission of      
                                                     rebuttal briefs).  

[[Page 27419]]

                                                                        
215 days....................  Request for           351.210(e).         
                               postponement of the                      
                               final determination.                     
215 days (Can be extended)..  Final determination.  351.210(b)(1) (75   
                                                     days after         
                                                     preliminary        
                                                     determination).    
225 days....................  Submission            351.224(c)(2) (5    
                               ministerial error     days after release 
                               comments.             of disclosure      
                                                     documents).        
230 days....................  Replies to            351.224(c)(3) (5    
                               ministerial error     days after filing  
                               comments.             of comments).      
267 days....................  Order issued........  351.211(b).         
------------------------------------------------------------------------
\1\ Indicates the number of days from the date of initiation. Most of   
  the deadlines shown here are approximate. The actual deadline in any  
  particular segment of a proceeding may depend on the date of an       
  earlier event or be established by the Secretary.                     
\2\ Assumes that the Department sends out the questionnaire 5 days after
  the ITC vote and allows 7 days for receipt of the questionnaire from  
  the date on which it was transmitted.                                 
\3\ Assumes about 28 days between the preliminary determination and     
  verification.                                                         
\4\ Assumes that the preliminary determination is published 7 days after
  issuance (i.e., signature).                                           


  Annex IV.--Deadlines for Parties in Antidumping Administrative Reviews
------------------------------------------------------------------------
           Day\1\                     Event              Regulation     
------------------------------------------------------------------------
0 days......................  Request for review..  351.213(b) (Last day
                                                     of the anniversary 
                                                     month).            
30 days.....................  Publication of        351.221 (c)(1)(i)   
                               initiation.           (End of month      
                                                     following the      
                                                     anniversary month).
37 days.....................  Application for an    351.305(b)(3).      
                               administrative                           
                               protective order.                        
60 days.....................  Request to examine    351.213(j) (30 days 
                               absorption of         after date of      
                               duties (AD).          publication of     
                                                     initiation).       
66 days \2\.................  Notification of       351.301(c)(2)(iv)   
                               difficulty in         (14 days after date
                               responding to         of receipt of      
                               questionnaire.        initial            
                                                     questionnaire).    
66 days.....................  Section A response..  None.               
85 days.....................  Viability arguments.  351.301(d)(1) (40   
                                                     days after date of 
                                                     transmittal of     
                                                     initial            
                                                     questionnaire).    
90 days\3\..................  Sections B, C, D, E   351.301(c)(2)(iii)  
                               response.             (At least 30 days  
                                                     after date of      
                                                     receipt of initial 
                                                     questionnaire).    
110 days....................  Company-specific      351.301(d)(2)(i)(B) 
                               cost allegations.     (20 days after     
                                                     relevant section is
                                                     filed).            
110 days....................  Major input cost      351.301(d)(3) (20   
                               allegations.          days after relevant
                                                     section is filed). 
120 days....................  Withdrawal of         351.213(d)(1) (90   
                               request for review.   days after date of 
                                                     publication of     
                                                     initiation)        
130 days....................  Request for           351.307(b)(1)(v)    
                               verification.         (100 days after    
                                                     date of publication
                                                     of initiation).    
140 days....................  Submission of         351.301(b)(2).      
                               factual information.                     
245 days (Can be extended)..  Preliminary results   351.213(h)(1).      
                               of review.                               
272 days\4\.................  Submission of         351.301(c)(3)(ii)   
                               publicly available    (20 days after date
                               information to        of publication of  
                               value factors         preliminary        
                               (NME's).              results).          
282 days....................  Request for a         351.310(c);         
                               hearing and/or        351.310(f) (30 days
                               closed hearing        after date of      
                               session.              publication of     
                                                     preliminary        
                                                     results).          
282 days....................  Submission of briefs  351.309(c)(1)(ii)   
                                                     (30 days after date
                                                     of publication of  
                                                     preliminary        
                                                     results).          
287 days....................  Submission of         351.309(d)(1) (5    
                               rebuttal briefs.      days after deadline
                                                     for filing case    
                                                     briefs).           
289 days....................  Hearing; closed       351.310(d)(1) (2    
                               hearing session.      days after         
                                                     submission of      
                                                     rebuttal briefs).  
372 days (Can be extended)..  Final results of      351.213(h)(1) (120  
                               review.               days after date of 
                                                     publication of     
                                                     preliminary        
                                                     results).          
382 days....................  Ministerial error     351.224(c)(2) (5    
                               comments.             days after release 
                                                     of disclosure      
                                                     documents).        
387 days....................  Replies to            351.224(c)(3) (5    
                               ministerial error     days after filing  
                               comments.             of comments).      
------------------------------------------------------------------------
\1\ Indicates the number of days from the end of the anniversary month. 
  Most of the deadlines shown here are approximate. The actual deadline 
  in any particular segment of a proceeding may depend on the date of an
  earlier event or be established by the Secretary.                     
\2\ Assumes that the Department sends out the questionnaire 45 days     
  after the last day of the anniversary month and allows 7 days for     
  receipt of the questionnaire from the date on which it was            
  transmitted.                                                          
\3\ Assumes that the Department sends out the questionnaire on day 45   
  and the response is due 45 days later.                                
\4\ Assumes that the preliminary results are published 7 days after     
  issuance (i.e., signature).                                           


[[Page 27420]]


                                Annex V.--Comparison of Prior and New Regulations                               
----------------------------------------------------------------------------------------------------------------
                  Prior                                       New                            Description        
----------------------------------------------------------------------------------------------------------------
                                          PART 353--ANTIDUMPING DUTIES                                          
----------------------------------------------------------------------------------------------------------------
                                        Subpart A--Scope and Definitions                                        
----------------------------------------------------------------------------------------------------------------
353.1....................................  351.101.................................  Scope of regulations.      
353.2....................................  351.102.................................  Definitions.               
353.3....................................  351.104.................................  Record of proceedings.     
353.4....................................  351.105.................................  Public, proprietary,       
                                                                                      privileged & classified.  
353.5....................................  Removed.................................  Trade and Tariff Act of    
                                                                                      1984 amendments.          
353.6....................................  351.106.................................  De minimis weighted-average
                                                                                      dumping margin.           
----------------------------------------------------------------------------------------------------------------
                                     Subpart B--Antidumping Duty Procedures                                     
----------------------------------------------------------------------------------------------------------------
353.11...................................  351.201.................................  Self-initiation.           
353.12...................................  351.202.................................  Petition requirements.     
353.13...................................  351.203.................................  Determination of           
                                                                                      sufficiency of petition.  
353.14...................................  351.204(e)..............................  Exclusion from antidumping 
                                                                                      duty order.               
353.15...................................  351.205.................................  Preliminary determination. 
353.16...................................  351.206.................................  Critical circumstances.    
353.17...................................  351.207.................................  Termination of             
                                                                                      investigation.            
353.18...................................  351.208.................................  Suspension of              
                                                                                      investigation.            
353.19...................................  351.209.................................  Violation of suspension    
                                                                                      agreement.                
353.20...................................  351.210.................................  Final determination.       
353.21...................................  351.211.................................  Antidumping duty order.    
353.21(c)................................  351.204(e)..............................  Exclusion from antidumping 
                                                                                      duty order.               
1353.22 (a)-(d)..........................  351.213,................................  Administrative reviews     
                                           351.221.................................   under 751(a) of the Act.  
353.22(e)................................  351.212(c)..............................  Automatic assessment of    
                                                                                      duties.                   
353.22(f)................................  351.216,................................  Changed circumstances      
                                           351.221(c)(3)...........................   reviews.                  
353.22(g)................................  351.215,................................  Expedited antidumping      
                                           351.221(c)(2)...........................   review.                   
353.23...................................  351.212(d)..............................  Provisional measures       
                                                                                      deposit cap.              
353.24...................................  351.212(e)..............................  Interest on overpayments   
                                                                                      and under-payments.       
353.25...................................  351.222.................................  Revocation of orders;      
                                                                                      termination of suspended  
                                                                                      investigations.           
353.26...................................  351.402(f)..............................  Reimbursement of duties.   
353.27...................................  351.223.................................  Downstream product         
                                                                                      monitoring.               
353.28...................................  351.224.................................  Correction of ministerial  
                                                                                      errors.                   
353.29...................................  351.225.................................  Scope rulings.             
----------------------------------------------------------------------------------------------------------------
                                       Subpart C--Information and Argument                                      
----------------------------------------------------------------------------------------------------------------
353.31 (a)-(c)...........................  351.301.................................  Time Limits for submission 
                                                                                      of factual information.   
353.31(a)(3).............................  351.301(d),.............................  Return of untimely         
                                           351.104(a)(2)...........................   material.                 
353.31(b)(3).............................  351.302(c)..............................  Request for extension of   
                                                                                      time.                     
353.31 (d)-(i)...........................  351.303.................................  Filing, format,            
                                                                                      translation, service and  
                                                                                      certification.            
353.32...................................  351.304.................................  Request for proprietary    
                                                                                      treatment of information. 
353.33...................................  351.104, 351.304(a)(2)..................  Information exempt from    
                                                                                      disclosure.               
353.34...................................  351.305, 351.306........................  Disclosure of information  
                                                                                      under protective order.   
353.35...................................  Removed.................................  Ex parte meeting.          
353.36...................................  351.307.................................  Verification.              
353.37...................................  351.308.................................  Determination on the basis 
                                                                                      of the facts available.   
353.38 (a)-(e)...........................  351.309.................................  Written argument.          
353.38(f)................................  351.310.................................  Hearings.                  
----------------------------------------------------------------------------------------------------------------
          Subpart D--Calculation of Export Price, Constructed Export Price, Fair Value and Normal Value         
----------------------------------------------------------------------------------------------------------------
353.41...................................  351.402.................................  Calculation of export      
                                                                                      price.                    
353.42(a)................................  351.102.................................  Fair value (definition).   
353.42(b)................................  351.104(c)..............................  Transaction and persons    
                                                                                      examined.                 
353.43...................................  351.403(b)..............................  Sales used in calculating  
                                                                                      normal value.             
353.44...................................  Removed.................................  Sales at varying prices.   
353.45...................................  351.403.................................  Transactions between       
                                                                                      affiliated parties.       
353.46...................................  351.404.................................  Selection of home market as
                                                                                      the basis for normal      
                                                                                      value.                    
353.47...................................  Removed.................................  Intermediate countries.    
353.48...................................  351.404.................................  Basis for normal value if  
                                                                                      home market sales are     
                                                                                      inadequate.               
353.49...................................  351.404.................................  Sales to a third country.  
353.50...................................  351.405, 351.407........................  Calculation of normal value
                                                                                      based on constructed      
                                                                                      value.                    
353.51...................................  351.406, 351.407........................  Sales at less than the cost
                                                                                      of production.            
353.52...................................  351.408.................................  Nonmarket economy          
                                                                                      countries.                
353.53...................................  Removed.................................  Multinational corporations.

[[Page 27421]]

                                                                                                                
353.54...................................  351.401(b)..............................  Claims for adjustments.    
353.55...................................  351.409.................................  Differences in quantities. 
353.56...................................  351.410.................................  Differences in             
                                                                                      circumstances of sale.    
353.57...................................  351.411.................................  Differences in physical    
                                                                                      characteristics.          
353.58...................................  351.412.................................  Levels of trade.           
353.59(a)................................  351.413.................................  Insignificant adjustments. 
353.59(b)................................  351.414.................................  Use of averaging.          
353.60...................................  351.415.................................  Conversion of currency.    
----------------------------------------------------------------------------------------------------------------
                                         PART 355--COUNTERVAILING DUTIES                                        
----------------------------------------------------------------------------------------------------------------
                                        Subpart A--Scope and Definitions                                        
----------------------------------------------------------------------------------------------------------------
355.1....................................  351.001.................................  Scope of regulations.      
355.2....................................  351.002.................................  Definitions.               
355.3....................................  351.004.................................  Record of proceeding.      
355.4....................................  351.005.................................  Public, proprietary,       
                                                                                      privileged & classified.  
355.5....................................  351.003(a)..............................  Subsidy library.           
355.6....................................  Removed.................................  Trade and Tariff Act of    
                                                                                      1984 amendments.          
355.7....................................  351.006.................................  De minimis net subsidies.  
----------------------------------------------------------------------------------------------------------------
                                    Subpart B--Countervailing Duty Procedures                                   
----------------------------------------------------------------------------------------------------------------
355.11...................................  351.101.................................  Delf-initiation.           
355.12...................................  351.102.................................  Petition requirements.     
355.13...................................  351.103.................................  Determination of           
                                                                                      sufficiency of petition.  
355.14...................................  351.104(e)..............................  Exclusion from             
                                                                                      countervailing duty order.
355.15...................................  351.105.................................  Preliminary determination. 
355.16...................................  351.106.................................  Critical circumstances.    
355.17...................................  351.107.................................  Termination of             
                                                                                      investigation.            
355.18...................................  351.108.................................  Suspension of              
                                                                                      investigation.            
355.19...................................  351.109.................................  Violation of agreement.    
355.20...................................  351.110.................................  Final determination.       
355.21...................................  351.111.................................  Countervailing duty order. 
355.21(c)................................  351.104(e)..............................  Exclusion from             
                                                                                      countervailing duty order.
355.22 (a)-(c)...........................  351.113, 351.121........................  Administrative reviews     
                                                                                      under 751(a) of the Act.  
355.22(d)................................  Removed.................................  Calculation of individual  
                                                                                      rates.                    
355.22(e)................................  351.113(h)..............................  Possible cancellation or   
                                                                                      revision of suspension    
                                                                                      agreements.               
355.22(f)................................  Removed.................................  Review of individual       
                                                                                      producer or exporter.     
355.22(g)................................  351.112(c)..............................  Automatic assessment of    
                                                                                      duties                    
355.22(h)................................  351.116,................................  Changed circumstances      
                                           351.121(c)(3)...........................   review                    
355.22(i)................................  351.120,................................  Review at the direction of 
                                           351.221(c)(7)...........................   the President.            
355.23...................................  351.112(d)..............................  Provisional measures       
                                                                                      deposit cap               
355.24...................................  351.112(e)..............................  Interest on overpayments   
                                                                                      and underpayments.        
355.25...................................  351.112.................................  Revocation of orders;      
                                                                                      termination of suspended  
                                                                                      investigations.           
355.27...................................  351.123.................................  Downstream product         
                                                                                      monitoring.               
355.28...................................  351.124.................................  Correction of ministerial  
                                                                                      errors.                   
355.29...................................  351.125.................................  Scope determinations.      
----------------------------------------------------------------------------------------------------------------
                                       Subpart C--Information and Argument                                      
----------------------------------------------------------------------------------------------------------------
355.31 (a)-(c)...........................  351.301.................................  Time limits for submission 
                                                                                      of factual information.   
355.31(a)(3).............................  351.302(d),.............................  Return of untimely         
                                           351.104(a)(2)...........................   material.                 
355.31(b)(3).............................  351.302(c)..............................  Request for extension of   
                                                                                      time.                     
355.31 (d)-(i)...........................  351.303.................................  Filing, format,            
                                                                                      translation, service and  
                                                                                      certification.            
355.32...................................  351.304.................................  Request for proprietary    
                                                                                      treatment of information. 
355.33...................................  351.104,................................  Information exempt from    
                                           351.304(a)(2)...........................   disclosure.               
355.34...................................  351.305,................................  Disclosure of information  
                                           351.306.................................   under protective order.   
355.35...................................  Removed.................................  Ex parte meeting.          
355.36...................................  351.307.................................  Verification.              
355.37...................................  351.308.................................  Determinations on the basis
                                                                                      of the facts available.   
355.38 (a)-(e)...........................  351.309.................................  Written argument.          
355.38(f)................................  351.310.................................  Hearings.                  
355.39...................................  351.311.................................  Subsidy practice discovered
                                                                                      during investigation or   
                                                                                      review.                   
----------------------------------------------------------------------------------------------------------------
                                 Subpart D--Quota Cheese Subsidy Determinations                                 
----------------------------------------------------------------------------------------------------------------
355.41...................................  Removed.................................  Definition of subsidy.     

[[Page 27422]]

                                                                                                                
355.42...................................  351.601.................................  Annual list and quarterly  
                                                                                      update.                   
355.43...................................  351.602.................................  Determination upon request.
355.44...................................  351.603.................................  Complaint of price-        
                                                                                      undercutting.             
355.45...................................  351.604.................................  Access to information.     
----------------------------------------------------------------------------------------------------------------


BILLING CODE 3510-DS-P

[[Page 27423]]

Annex VI--Countervailing Investigations Timeline
[GRAPHIC] [TIFF OMITTED] TR19MY97.000


[[Page 27424]]



Annex VII--Antidumping Investigations Timeline
[GRAPHIC] [TIFF OMITTED] TR19MY97.001

[FR Doc. 97-12201 Filed 5-16-97; 8:45 am]
BILLING CODE 3510-DS-C