19 CFR Part 351 - ANTIDUMPING AND COUNTERVAILING DUTIES

The Department of Commerce (the Department) is modifying its regulations, which define “factual information” and establish time limits for the submission of factual information in antidumping (AD) and countervailing duty (CVD) proceedings. The modifications to the definition of factual information more clearly describe the types of information that can be submitted by a person or placed on the record by the Department in a segment of the proceeding. The modifications to the time limits enable the Department to efficiently determine the type of information being submitted and whether it is timely filed; they also ensure that the Department has sufficient opportunity to review submissions of factual information.

The Department of Commerce (the Department) proposes to modify its regulation concerning the extension of time limits for submissions in antidumping (AD) and countervailing duty (CVD) proceedings. The modification, if adopted, will clarify that parties may request an extension of time limits before any time limit established under this part expires. This modification will also clarify under which circumstances the Department will grant untimely- filed requests for the extension of time limits.

On July 10, 2012, the Department of Commerce (the Department) published a proposed rule in the Federal Register requesting comments regarding a proposed modification to the definition of factual information and to the time limits for the submission of factual information in antidumping (AD) and countervailing duty (CVD) proceedings. The Department has decided to extend the comment period, making the new deadline for the submission of public comment September 24, 2012.

The Department of Commerce (the Department) proposes to modify its regulations which define “factual information” and establish time limits for the submission of factual information in antidumping (AD) and countervailing duty (CVD) proceedings. The modifications to the definition of factual information, if adopted, will more clearly describe the types of information that can be submitted by a person or placed on the record by the Department in a segment of a proceeding. The modifications to the time limits in which such information may be submitted or placed on the record, if adopted, will enable the Department to efficiently determine what type of information is being submitted and whether it is timely filed, and to provide sufficient opportunity for the Department to review submissions of factual information.

The Department of Commerce (“Department”) proposes to modify its regulation which states that the Department normally will use the price that a nonmarket economy (“NME”) producer pays to a market economy supplier when a factor of production is purchased from a market economy supplier and paid for in market economy currency, in the calculation of normal value (“NV”) in antidumping proceedings involving NME countries. The rule, if adopted, would establish (1) a requirement that the input at issue be produced in one or more market economy countries, and (2) a revised threshold requiring that “substantially all” of an input be purchased from one or more market economy suppliers before the Department would use the purchase price paid to value the entire factor of production. Through this proposed modification, the Department is announcing its proposed definition of “substantially all” to be 85 percent of the total purchased volume of the particular input. The Department invites public comment on this proposed change.

The Department of Commerce (the Department) proposes to amend its regulations to add a subsection that strengthens the accountability of attorneys and non-attorney representatives who appear in proceedings before the Import Administration (IA). If this proposed rule is implemented, the Department will continue its long-standing practice of permitting attorneys and non-attorney representatives to appear before IA. The proposed rule provides that both attorneys and non-attorney representatives will be subject to disciplinary action for misconduct based upon good cause. The proposed rule will assist the Department in maintaining the integrity of its proceedings by deterring misconduct by those who appear before it in antidumping duty (AD) and countervailing duty (CVD) proceedings. The Department is requesting comments on the proposed rule as discussed in more detail below.

The Department of Commerce (the Department) is amending its regulations concerning the revocation of antidumping and countervailing duty orders in whole or in part, and the termination of suspended antidumping and countervailing duty investigations. This rule eliminates the provision for revocation of an antidumping or countervailing duty order with respect to individual exporters or producers based on those individual exporters or producers having received antidumping rates of zero for three consecutive years, or countervailing duty rates of zero for five consecutive years.