(a) The Secretary will determine, no later than the day specified in paragraph (b) of this section—
(1) Whether short supply exists with respect to the product; and
(2) If short supply is determined to exist, the quantity of the short supply allowance.
(b) The Secretary will make a short supply determination not later than—
(1) The 15th day after the day on which an adequate petition is received if—
(i) A twelve week moving average of raw steel making capacity utilization in the United States, as published by the American Iron and Steel Institute, equals or exceeds 90 percent, or
(ii) The Secretary has granted short supply allowances for the product during each of the two immediately preceding years. This requirement will be satisfied by a full or partial grant of a short supply allowance for the product for a one-year period during each of the two immediately preceding years, or for a six-month period during each of the two immediately preceding years, provided that there was not within the two immediately preceding years a formal negative determination by the Secretary as to the existence of short supply for the product; or
(iii) The Secretary, on the basis of available information (and whether or not in the context of a determination under section 102 of this part ), finds that the product is not produced in the United States.
In making a determination with respect to which section 106(b)(1) of this part applies, the Secretary will apply a rebuttable presumption that the product is in short supply. The burden of proof will lie on a domestic steel producer to prove that it can and will produce and supply the product within the requested period of time provided it represents a normal order to delivery period. Unless such proof is provided, the Secretary will issue a short supply allowance within 15 days of receipt of an adequate petition.
(2) In all other circumstances, the Secretary will make a determination within 30 days after the day on which an adequate petition is received.
Title 19 published on 2012-04-01
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