WORLD TRADE
ORGANIZATIONG/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
26 March 1999
(99-1236)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
UNITED STATES
Supplement
The following communication, dated 16 March 1999, has been received from the Permanent
Mission of the United States.
_______________
TABLE OF CONTENTS
Page
SUPPLEMENTARY IN FORMATION............................................................................................3
Background..................................................................................................................... .........3
Request for comment ............................................................................................................ ...4
Classification ................................................................................................................. ..........5
EXPLANATION OF PARTI CULAR PROVIS IONS .....................................................................5
Subpart A – Scope and Definition ........................................................................................5
Section 351.102 ................................................................................................................ .......5
Section 351.104 ................................................................................................................ .......6
Subpart B – Anti-dumping and Countervailing Duty Procedures....................................6
Section 351.218 ................................................................................................................ .......6
Section 351.221 ................................................................................................................ .......10
Section 351.222 ................................................................................................................ .......10
Subpart C – Information and Argument.............................................................................10
Section 351.308 ................................................................................................................ .......11
Section 351.309 ................................................................................................................ .......11
Section 351.310 ................................................................................................................ .......11
Section 351.312 ................................................................................................................ .......11G/ADP/N/1/USA/1/Suppl.5
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Page
PART 351 [A MENDE D] ............................................................................................................. .......12
Subpart A – Scope and Definitions.......................................................................................12
§351.102 – Definitions ......................................................................................................... ...12
Subpart B – Anti-dumping and Countervailing Duty Procedures....................................13
§351.218 – Sunset reviews under se ction 751(c) of the Act....................................................13
§351.221 – Review procedures................................................................................................19
§351.222 – Revocation of orders;  terminat ion of suspended investigations ..........................20
Subpart C – Information and Argument.............................................................................21
§351.308 – Determinations on the basi s of the facts available................................................21
§351.309 – Written argument ..................................................................................................21
§351.312 – Industrial users and co nsumer organizations ........................................................22
ANNEX VIII – A –Schedule for 90-day sunset reviews ......................................................................23
ANNEX VIII – B – Schedule for e xpedited sunset reviews.................................................................23
ANNEX VIII – C – Schedule for full sunset reviews...........................................................................24G/ADP/N/1/USA/1/Suppl.5
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BILLING CODE 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351[Docket No. 980313063-8063-01]RIN 0625-AA51
Procedures for Conducting Five-year (“Sunset”) Reviews of Anti-dumping and Countervailing
Duty Orders
AGENCY:   Import Administration, International Trad e Administration, Department of Commerce
ACTION:   Interim final rules; request for comments.
SUMMARY:   The Department of Commerce (“the Department”) hereby amends its regulations on
anti-dumping and countervailing duty proceedings on an interim basis in order to implement certain
provisions of the Uruguay Round Agreements Act (“URAA”).
The regulations provide, in particular, for procedures for conducting five-year (“sunset”)
reviews of anti-dumping and countervailing duty orders and suspended investigations pursuant to the
provisions of sections 751(c) and 752 of th e Tariff Act of 1930, as amended (“the Act”).
DATES:   Interim final regulations effective [insert date of publication in Federal Register ].  To be
assured of consideration, written comments must be received not later than 20 April 1998.  Rebuttal
comments must be received not later than 11 May 1998.
ADDRESS:   A signed original and six copies of each set of comments, including reasons for any
recommendation, along with a cover letter identifyin g the commenter’s name and address, should be
submitted to Robert S. LaRussa, Assistant Secretary for Import Administration, Central Records Unit,
Room 1870, US Department of Commerce, Penn sylvania Avenue and 14th Street, NW,
Washington, DC 20230; Attention:  Sunset Procedural Regulations.
FOR FURTHER INFORMATION CONTACT:   Melissa G. Skinner, Office of Policy, Import
Administration, International Trade Administration, US Department of Comme rce, at (202) 482-1560,
or Stacy J. Ettinger, Office of the Chief Couns el for Import Administration, US Department of
Commerce, at (202) 482-4618.
SUPPLEMENTARY INFORMATION
Background
The Uruguay Round Agreements Act (“URAA”) fundamentally revised the Act by requiring
that anti-dumping (“A-D”) and countervailing duty (“CVD”) orders be revoked, and suspendedinvestigations be terminated, after five years unless revocation would be likely to lead to a
continuation or recurrence of (1) dumping or a countervailable subsidy, and (2) material injury to the
domestic industry.  The URAA assigns to the Depart ment the responsibility of determining whether
revocation of an anti-dumping or countervailing duty order, or termination of a suspendedG/ADP/N/1/USA/1/Suppl.5
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investigation, would be likely to lead to a continua tion or recurrence of dumping or a countervailable
subsidy, and of providing to the International Trade Commission the magnitude of the margin of
dumping or the net countervailable subsidy that is likely to prevail if the order is revoked or the
suspended investigation is terminated.  The URAA requires that the Department begin initiatingsunset reviews in July 1998, that all sunset reviews of “transition orders” -- those anti-dumping and
countervailing duty orders and suspended investigations in effect on 1 January 1995, the effective date
of the URAA -- be initiated by 31 December 1999, and that all reviews of transition orders be
completed by 30 June 2001.  The URAA further requires that the Department initiate a sunset review
of each order or suspended investigation that is not a “transition order” not later than 30 days before
the fifth anniversary of publication of the order or suspension agreement in the Federal Register .
Pursuant to section 751(c)(1) of the Act, initiation of sunset reviews is automatic.  The Departmentintends to notify, in advance, all persons on the service list for each proceeding subject to a sunset
review, of the approximate date of publication in the Federal Register  of the automatic initiation of
the sunset review.
The interim regulations described below address the procedures for participation in, and
conduct of, sunset reviews consistent with the statute and with the legislative history’s commitment to
provide further guidance on procedures.  These regulations are effective on their date of publication in
the Federal Register  and apply to sunset reviews initiated on or after 1 July 1998.  These rules will
remain in effect until the Department adopts final regulations after considering comments in response
to this notice of interim final rules.
Request for Comment
The Department solicits comments pertaining to these interim final regulations concerning
conduct of sunset reviews.  Initial comments should be received by the Assistant Secretary not laterthan 20 April 1998.  Any rebuttals to the initial comments should be received by the Assistant
Secretary not later than 11 May 1998.  Commenters should file a signed original and six copies of
each set of initial and rebuttal comments.  All comm ents will be available for public inspection and
photocopying in the Import Administration’s Central Records Unit, Room B-099, between the hours
of 8.30 am and 5.00 pm on business days.
Each person submitting a comment should include the commenter’s name and address, and
give reasons for any recommendations.  To facilitate their consideration by the Department, initial and
rebuttal comments should be submitted in the following format:  (1) number each comment in
accordance with the number of the regulation being addressed; (2) begin each comment on a separate
page; (3) provide a brief summary of the comment (a maximum of three sentences) and label this
section “Summary of the Comment;” and (4) concisel y state the issue identified and discussed in the
comment and provide reasons for any recommendation.
To help simplify the processing and distribution of comments, the Department requests the
submission of initial and rebuttal comments in electronic form to accompany the required paper
copies.  Comments filed in electronic form should be on a DOS formatted 3.5" diskette in eitherWordPerfect format or a format that the WordPerfect programme can convert and import into
WordPerfect.  Please make each comment a separate file on the diskette and name each separate file
using the number of the regulation being addressed in the comment.
Comments received on diskette will be made available to the public on the Internet at the
following address:  “http://www.ita.doc.gov/import_admin/records/”.  In addition, upon request, the
Department will make comments filed in electronic form available to the public on 3.5" diskettes (at
cost), with specific instructions for accessing compressed data (if necessary).  Any questions
concerning file formatting, document conversion, access on the Internet, or other electronic filing
issues should be addressed to Andrew Lee Beller, IA Webmaster, (202) 482-0866.G/ADP/N/1/USA/1/Suppl.5
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Classification
Administrative Procedure Act
Pursuant to authority at 5 U.S.C. 553(b)(A), the Assistant Secretary for Import Administration
waives the requirement to provide prior notice and an opportunity for public comment because this
action is a rule of agency procedure.  Section 75 1(c) and section 752 of the Tariff Act of 1930, as
amended (19 U.S.C. 1675(c) and 1675a), and the Statement of Administrative Action (“SAA”)
accompanying the Uruguay Round Agreements Act (H.R. Doc. No. 103-316, vol. 1 (1994)) address
the substantive methodological and analytical framewor k for sunset reviews, as well as procedures for
conducting sunset reviews.  This action only addresses the procedures for participation in, and
conduct of, sunset reviews consistent with the st atute and with the SAA’s commitment to provide
further guidance on procedures.  This interim final rule is not subject to a 30-day delay in its
effectiveness under 5 U.S.C. 553(d) as it is not a substantive rule.  The analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 note) are inapplicable to this rulemaking because it is notone for which a Notice of Proposed Rulemaking is required under 5 U.S.C. 553 or any other statute.
Paperwork Reduction Act
This interim final rule contains no new collection of information subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
Executive Order 12866
This interim final rule has been determined to  be not significant for purposes of Executive
Order 12866.
Executive Order 12612
This interim final rule does not contain federalism implications described in Executive
Order 12612 warranting the preparation of a Federalism Assessment.
EXPLANATION OF PARTICULAR PROVISIONS
Subpart A - Scope and Definitions
Subpart A sets forth the scope of part 351, definitions, and other general matters applicable to
A-D/CVD proceedings.
Section 351.102
Section 351.102 sets forth definitions of terms that  are used throughout part 351.  Most of the
terms used in the new sunset regulations have been defined previously in the statute or regulations,
and parties should refer to the relevant provisions for guidance.  However, we added two new
definitions.
Expedited sunset review  is used in these regulations as a shorthand expression for the 120-day
expedited sunset review conducted by the Department under section 751(c)(3)(B) of the Act.  The
Department will conduct an expedited sunset review when respondent interested parties provide
inadequate responses to a Notice of Initiation under new §  351.218(e)(1)(ii).G/ADP/N/1/USA/1/Suppl.5
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Full sunset review  is used in these regulations as a shorthand expression for the 240-day (or
330-day if fully extended) full sunset review conducted by the Department under section 751(c)(5) of
the Act.  The Department will conduct a full sunset review when both domestic interested parties and
respondent interested parties provide adequate responses to a Notice of Initiation undersection 751(c)(3)(B) of the Act and new §§  351.218(e)(1)(i) and 351.218(e)(1)(ii).
Section 351.104
Section 351.104 defines what constitutes the official and public records of an A-D/CVD
proceeding.
Administrative record of proceedings.   Although no changes have been made to § 351.104 by
these regulations, in order to avoid any confusion that might arise from reporting and recordkeeping
differences between the International Trade Commi ssion and the Department with respect to grouped
transition orders, we are clarifying that a sunset proceeding before the Department is subject
merchandise- and country-specific (i.e. order-specifi c).  Therefore, consistent with § 351.104(a)(1),
the Department will maintain in the Central Records Unit an official record of each sunset review of
an order or suspended investigation, and a party must file separate submissions, consistent with the
filing requirements of § 351.303, in each sunset review in which it participates.
Subpart B - Anti-dumping and Countervailing Duty Procedures
Subpart B deals with A-D/CVD procedures.
Section 351.218
Section 351.218 deals with sunset reviews under section 751(c) of the Act.  We removed
paragraphs (d) and (e) and added new paragraphs (d), (e), and (f).  These revisions are intended to
streamline sunset reviews by providing guidance on participation in, and conduct of, sunset reviews.
In addition, the Department believes that such guidance will allow both the Department and interested
parties to begin preparing in advance, in par ticular, for the approximately 325 sunset reviews of
transition orders scheduled to be initiated over an 18-month period beginning in July 1998.
Participation in sunset review.   Paragraph (d) is new and sets forth the procedural
requirements for participation in, or waiver of participation in, a sunset review.
Domestic interested party notification of intent to participate.   Paragraph (d)(1) sets forth the
procedure for domestic interested party participation in a sunset review.  Paragraph (d)(1)(i) provides
that a domestic interested party that intends to participate in a sunset review must file a Notice of
Intent to Participate in a Sunset Review within 15 days of initiation of a sunset review.  The
requirement that domestic interested parties notify the Department of their intention to participate
prior to the deadline for submission of substantive responses to both the Department and the
International Trade Commission is intended to alleviate the burden on parties of having to preparesubstantive responses in cases where there is no domestic party interest.  This is because, where there
is no domestic party interest in a particular case, the Department, pursuant to section 751(c)(3)(A) of
the Act, automatically will revoke the order or te rminate the suspended investigation, as applicable.
The Notice of Intent procedure is intended to eliminate needless reviews and promote administrative
efficiency, consistent with the explanation in the House Report (H.R. Re p. No. 103-826, pt. 1 (1994))
at 56.  As set forth in paragraph (d)(1)(iii), therefore, where no domestic interested party files a Notice
of Intent to Participate in the sunset review, the Department will issue a final determination revoking
the order or terminating the suspended investigation within 90 days of initiation of the sunset review.G/ADP/N/1/USA/1/Suppl.5
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Paragraph (d)(1)(ii) sets forth the information required to be provided in a Notice of Intent to
Participate in a Sunset Review.  It is the Department’s intention to make the Notice of Intent
procedure as simple as possible and, as a result, the information required to be provided is minimal.
Waiver of response by a respondent interested party to a Notice of Initiation.
Paragraph (d)(2) deals with the procedure for waiving participation in a sunset review before the
Department, consistent with section 751(c)(4) of the Act.  As the SAA at 881, and the House Report
at 57, explain, allowing respondent interested parties, including foreign governments, to waive
participation in a sunset review before the Department is intended to reduce the burden on all parties
involved in a sunset review.
Paragraph (d)(2)(i) provides that a Statement of Waiver must be filed within 30 days of
initiation of the sunset review, and, consistent with section 751(c)(4)(A) of the Act, clarifies that
waiving participation in a sunset review before the Department does not affect a party’s opportunity to
participate in the sunset review conducted by the International Trade Commission.
Paragraph (d)(2)(iii) clarifies that failure to file a complete substantive response to a Notice of
Initiation under paragraph (d)(3) also will be treated as a waiver of participation.  It is the
Department’s intention to make the waiver process as simple as possible and, as reflected in
paragraph (d)(2)(ii), the information required to be  provided in a Statement of Waiver is minimal.
Paragraph (d)(2)(iv) indicates the effect of waiver by the foreign government in a CVD sunset
review.  Specifically, paragraph (d)(2)(iv) provides that where the foreign government waives
participation in a CVD sunset review, either by filing a Statement of Waiver or by failing to file a
complete substantive response to a Notice of Initiation, the Department will conduct an expedited
sunset review under section 751(c)(3)(B) of the Act and, consistent with the SAA at 881, and theHouse Report at 57, normally will conclude that revocation of the order or termination of the
suspended investigation would be likely to lead to continuation or recurrence of a countervailable
subsidy for all respondent interested parties.
Substantive response to a Notice of Initiation.   Section 751(c)(2) of the Act requires the
Department to initiate sunset reviews automatically every five years.  As part of the initiation,
section 751(c)(2) of the Act authorizes the Department to request that interested parties submit certaininformation needed to conduct the review.  Paragra ph (d)(3) indicates the information that interested
parties are required to submit in response to the Notice of Initiation of a sunset review, as well as
optional information that may be submitted in response to the Notice of Initiation.
Paragraph (d)(3)(i) provides that a complete substantive response to a Notice of Initiation
must be submitted to the Department within 30 days of initiation of the sunset review.
Paragraph (d)(3)(ii), consistent with section 751 (c)(2) of the Act, indicates the information
required to be filed by all interested parties in a sunset review, including a statement expressing the
interested party’s willingness to participate in th e review by providing information requested by the
Department, a statement regarding the likely effects of revocation of the order or termination of the
suspended investigation, and, if applicable, a summary of the Department’s findings regarding duty
absorption.
Paragraph (d)(3)(iii) indicates the additional information required to be filed by respondent
interested parties in a sunset review, including historical margin or rate information and export
volume and value data.  In particular, respondent interested parties are required to report their
percentage of the total exports of subject merchandise to the United States; this information will be
central to the Department’s determination as to whether respondent interested parties provided
adequate response to a notice of initiation under section 751(c)(3)(B) of the Act.G/ADP/N/1/USA/1/Suppl.5
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Paragraph (d)(3)(iv) indicates that parties also may submit information to show good cause
for the Department to consider other factors under sections 752(b)(2) (CVD) or 752(c)(2) (A-D) of the
Act.  Paragraph (d)(3)(iv) clarifies, however, that, if an interested party wants the Department toconsider these other factors during the course of the sunset review, the party must submit evidence of
good cause in its substantive response.
Substantive response from a foreign government in a CVD sunset review.   Paragraph (d)(3)(v)
indicates the information required to be filed by  the foreign government in a CVD sunset review.
This information is a subset of the information required to be filed by other respondent interested
parties.  However, where the sunset review involves a CVD order where the investigation wasconducted on an aggregate basis, paragraph (d)(3)(v)(B) provides for additional information required
to be filed by the foreign government.  This additional information essentially is identical to the
additional required information that normally w ould be filed by respondent companies.  This is
because, in an aggregate CVD proceeding, the foreign government normally is the only respondent.
Substantive responses from industrial users and consumers.   Paragraph (d)(3)(vi) indicates
the information required to be filed by industrial users and representative consumer organizations that
intend to participate in a sunset review.
Rebuttal to substantive response to a Notice of Initiation.   Paragraph (d)(4) allows parties that
filed a substantive response to a Notice of Initiation to file rebuttals to other parties’ substantive
responses within five days.  Paragraph (d)(4) also explicitly provides that the Department normally
will not accept or consider any additional information from a party after the time for filing rebuttals
has expired unless the Secretary requests additional information from parties after determining to
proceed to a full sunset review.
Conduct of sunset review.   Paragraph (e) is new and deals with the conduct of sunset reviews,
including the determination of whether interested party responses are adequate.
Adequacy of response to a Notice of Initiation.   The SAA at 880, provides that the
determination of adequacy is committed to the Department ’s (and, separately, the International Trade
Commission’s) discretion.  Paragraph (e)(1), therefore, sets forth the guidelines by which theDepartment will determine whether interested parties’ substantive responses to a Notice of Initiation
are adequate.  Responses will be evaluated for adequacy on an individual basis, i.e., whether a party
has timely submitted a complete substantive response to a Notice of Initiation.  A complete
substantive response is one which contains all of the information required under paragraph (d)(3).
The Department may consider a substantive response that does not contain all of the informationrequired under paragraph (d)(3) to be complete where a party is unable to report certain required
information and provides a reasonable explanation as to why it is unable to provide such information.
In addition, responses will be evaluated for adequacy on an aggregate basis.  In assessing the
adequacy of responses in the aggregate, the Department will consider only those responses that
individually are considered adequate.  The Department will determine separately the adequacy ofresponses of domestic interested parties and respondent interested parties.  Consistent with the Senate
Report at 46, the Department will make its determination of adequacy on a case-by-case basis.
Adequacy of response from domestic interested parties.   Paragraph (e)(1)(i)(A) provides that
the Department normally will conclude that domestic interested parties have provided adequate
response where at least one domestic interested party files a complete substantive response.
Paragraph (e)(1)(i)(B) provides that the Department may consider whether a domestic interested party
is related to a foreign producer or exporter, or is an importer or related to an importer of the subject
merchandise, in determining adequacy of response from domestic interested parties.G/ADP/N/1/USA/1/Suppl.5
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Paragraph (e)(1)(i)(C) clarifies that, where the Department disregards a response from a
domestic interested party, either because the response is not complete or because of the domestic
interested party’s relationship with a foreign producer, foreign exporter, or importer, and where no
other domestic interested party has responded to the Notice of Initiation, the Department will find nodomestic interested party response under section 751(c)(3)(A) of the Act and issue final results
revoking the order or terminating the suspended investigation within 90 days after initiation of the
sunset review.
Adequacy of response from respondent interested parties.   Paragraph (e)(1)(ii)(A) provides
that the Department normally will conclude that respondent interested parties have provided adequate
response where respondent interested party responses account for more than 50 per cent, by volume,of the total exports of subject merchandise to the United States.  Paragraph (e)(1)(ii)(C) provides that
where respondent interested parties provide inadequate response, the Department will conduct an
expedited sunset review under section 751(c)(3)(B) of the Act and issue final results of review based
on the facts available.  In addition, the Department  will notify the International Trade Commission of
its adequacy determination within 50 days of initiation of the sunset review.
Adequacy of response from a foreign government in a CVD sunset review.   Consistent with
the SAA at 880, and the Senate Report at 46, paragraph (e)(1)(ii)(B) provides that if the foreign
government does not file a complete substantive response to a Notice of Initiation in a CVD sunset
review, the Department will find inadequate response from all respondent interested parties under
section 751(c)(3)(B) of the Act and will conduct an expedited sunset review.
Full sunset review upon adequate response from domestic and respondent interested parties.
Paragraph (e)(2)(i) provides that where the Department receives adequate responses from both
domestic and respondent interested parties, it normally will conduct a full sunset review.  Consistentwith the SAA at 891, and the House Report at 64, paragraph (e)(2)(i) also provides that only under the
most extraordinary circumstances will the Department rely on a countervailing duty rate or dumping
margin other than those it calculated and published in its prior determinations.  As a result,
paragraph (e)(2)(i) provides that the Department will not calculate a net countervailable subsidy or
dumping margin for a new shipper in the context of a sunset review.  Paragraph (e)(2)(ii) clarifies that
the Department will consider other factors, if at all, normally only in the context of a full sunset
review.
Time limits.   Paragraph (f) is new and deals with time limits for verification, issuance of
preliminary and final results of full sunset review, and issuance of the Department’s determination to
continue, revoke, or terminate an order or suspended investigation, as applicable, after the publication
of the International Trade Commission’s final determination concluding a sunset review.
Paragraph (f)(1) provides that the Department normally will issue its preliminary results of
full sunset review not later than 110 days  after initiation of the sunset review.
Paragraph (f)(2)(i) clarifies that the Department normally will conduct verification, if at all,
only in a full sunset review.  In addition, paragraph (f)(2)(i) provides that the Department will conduct
verification normally only if, in its preliminary results, the Department determines that revocation of
the order or termination of the suspended investigation is not 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 the Department’s determination is not based on countervailing duty rates or dumping margins
from the original investigation or subsequent reviews.  There may be other situations in which the
Department would not need to conduct verification.  Paragraph (f)(2)(ii) indicates that the Department
normally will conduct verification, if at all, approximately 120 days after initiation of the sunset
review, i.e., normally after the Department issues its preliminary results of review.  Because the
Department cannot anticipate the extent of its workload during the conduct of sunset reviews,G/ADP/N/1/USA/1/Suppl.5
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particularly during the 18-month period in which the Department must begin conducting sunset
reviews of approximately 325 transition orders, the Department may need to schedule verification
either before or after the 120-day time frame.  Paragraph (f)(2)(ii) allows for this type of flexibility in
scheduling.
Paragraph (f)(3) provides that the Department normally will issue its final results of full
sunset review not later than 240 days after initia tion of the sunset review and may extend the period
for issuing final results in an extraordinarily complicated sunset review by up to 90 days.
Paragraph (f)(4) provides that the Department normally will issue its determination to
continue, revoke, or terminate an order or suspended investigation, as applicable, within seven daysafter the date of publication of the International Trade Commission’s final determination concluding
the sunset review, and subsequently publish notice of the Department’s determination in the Federal
Register .
Section 351.221
Section 351.221 deals with review procedures.  We amended paragraph (c)(5)(i) to take into
account changes in these regulations.  Paragraph (c)(5)(i) provides, therefore, that the notice of
initiation of a sunset review will contain a request for the information described in § 351.218(d).
Section 351.222
Section 351.222 deals with the revocation of orders and the termination of suspended
investigations.  We removed paragraph (i) and added new paragraph (i).  These revisions are intended
to clarify the circumstances under which the Department will revoke an order or terminate asuspended investigation and the effective date of revocation.
Circumstances under which the Secretary will revoke an order or terminate a suspended
investigation.   Paragraph (i)(1) is new and clarifies the circumstances under which the Department
will revoke an order or terminate a suspended investigation.  Paragraph (i)(1)(i) provides for
revocation or termination within 90 days after initiation of the sunset review where no domestic
interested party files a Notice of Intent to Participate in the sunset review or where the Departmentdetermines that domestic interested parties provided inadequate response to the Notice of Initiation.
Paragraph (i)(1)(ii) provides for revocation or termination within 240 days (or 330 days where a full
sunset review is fully extended) after initiation of  the sunset review where the Department determines
that revocation or termination is not likely to lead to continuation or recurrence of a countervailable
subsidy or dumping, as applicable.  Finally, paragraph (i)(1)(iii) provides for revocation ortermination within seven days after the date of publication of a final determination by the
International Trade Commission that revocation or te rmination is not likely to lead to continuation or
recurrence of material injury.
Effective date of revocation.   Paragraph (i)(2) is new and clarifies the effective date of
revocation.  With respect to non-transition orders, paragraph (i)(2)(i) provides that revocation or
termination will be effective on the fifth anniversary of the date of publication of the order or
suspended investigation, as applicable.  With respect to transition orders, paragraph (i)(2)(ii) provides
that revocation or termination will be effective on January 1, 2000.
Subpart C - Information and Argument
Subpart C deals with collection of information and presentation of arguments to the
Department.G/ADP/N/1/USA/1/Suppl.5
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Section 351.308
Section 351.308 deals with determinations on the basis of the facts available.  We added new
paragraph (f) to take into account changes in these regulations.
Use of facts available in a sunset review.   Paragraph (f) is new and, consistent with the SAA
at 879, provides that, where the Department determines to issue final results of review on the basis of
the facts available, it normally will rely on calculated rates or margins, as applicable, from prior
Department determinations and information contained in parties’ substantive responses to the Notice
of Initiation.
Section 351.309
Section 351.309 deals with written argument.  We made minor changes to paragraphs (c)(1)(i)
and (c)(1)(iii), and added new paragraph (e) to take into account changes in these regulations.
Case and rebuttal briefs.   Paragraph (c)(1)(i) provides that case briefs for the final results of
full sunset reviews may be filed 50 days after the date of publication of the preliminary results.  Only
an interested party (or industrial user or consumer organization) that filed a complete substantive
response to the Notice of Initiation may submit a case brief.  Paragraph (d)(1) (which is unchanged)
provides that rebuttal briefs may be filed five days after the time limit for filing the case brief.
Comments on adequacy of response and appropriateness of expedited sunset review.
Paragraph (e) is new and provides for filing of comments on adequacy of response and the
appropriateness of conducting an expedited sunset review.  Paragraph (e)(i) provides that, where the
Secretary determines that respondent interested pa rties provided inadequate response to a Notice of
Initiation and has notified the International Trade Commission as such, interested parties (and
industrial users and consumer organizations) that submitted complete substantive responses to the
Notice of Initiation may file comments on whether an expedited sunset review is appropriate based on
the adequacy of response.  Paragraph (e)(i) clarifies that the comments may not include any new
factual information or evidence and are limited to five pages.  Paragraph (e)(ii) provides that
comments on adequacy and appropriateness of expedited sunset review may be filed within 70 days
after initiation of the sunset review.
Section 351.310
Section 351.310 deals with matters related to hearings.
Hearings.   Although no changes have been made to § 351.310 by these regulations, we are
clarifying that the provisions of §  351.310 are applicable in a full sunset review.
Section 351.312
Section 351.312 clarifies the regulatory provisions under which industrial users and
consumers are entitled to provide information and comments.
Opportunity for industrial users and consumer organizations to submit relevant information
and argument.   We have made minor changes to paragraph (b) to take into account changes in these
regulations.  Specifically, paragraph (b) has been amended to allow industrial users and consumers to
file substantive responses to a Notice of Initiation and comments concerning adequacy of response
and appropriateness of expedited review.  All such submissions must be filed in accordance with
§ 351.303.G/ADP/N/1/USA/1/Suppl.5
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Page 12
ANNEX VIII - A, - B, AND - C
Schedule for sunset review.   We have added new Annex VIII-A, -B, and -C, which provides
the schedules for 90-day, expedited, and full sunset reviews, respectively.
List of Subjects in 19 CFR Part 351
Administrative practice and procedure, Anti-d umping duties, Business and industry, Cheese,
Confidential business information, Countervailing du ties, Investigations, Reporting and recordkeeping
requirements.
Date: _____________
Signature: ____________________________
Robert S. LaRussa
Assistant Secretary for Import Administration
For the reasons stated, 19 CFR part 351 is amended as follows:
PART 351 – ANTI-DUMPING AND COUNTERVAILING DUTIES
Subpart A - Scope and Definitions
1.  The authority citation for part 351 continues to read as follows:
Authority:   5 U.S.C. 301, 19 U.S.C. 1202 note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et seq.;
and 19 U.S.C. 3538.
2.  Section 351.102 is amended by adding new definitions to read as follows:
§ 351.102 - Definitions.
*****
(b) Definitions.   * * *
Expedited sunset review.   “Expedited sunset review” means an expedited sunset review
conducted by the Department where respondent interested parties provide inadequate responses to a
notice of initiation under section 751(c)(3)(B) of the Act and §  351.218(e)(1)(ii).
*****
Full sunset review.   “Full sunset review” means a full sunset review conducted by the
Department under section 751(c)(5) of the Act where both domestic interested parties and respondent
interested parties provide adequate response to a notice of initiation under section 751(c)(3)(B) of the
Act and §§  351.218(e)(1)(i) and 351.218(e)(1)(ii).
*****G/ADP/N/1/USA/1/Suppl.5
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Subpart B - Anti-dumping and Countervailing Duty Procedures
3.  Section 351.218 is amended by removing paragraphs (d) and (e) and adding new
paragraphs (d), (e), and (f) to read as follows:
§ 351.218  Sunset reviews under section 751(c) of the Act.
*****
(d) Participation in sunset review.   (1)  Domestic interested party notification of intent to
participate.
(i) Filing of Notice of Intent to Participate.   Where a domestic interested party intends to
participate in a sunset review, the interested party must, not later than 15 days after the date of
publication in the Federal Register  of the Notice of Initiation, file a Notice of Intent to Participate in
a Sunset Review with the Secretary.
(ii) Contents of Notice of Intent to Participate.   Every Notice of Intent to Participate in a
Sunset Review must include a statement expressing the domestic interested party’s intent to
participate in the sunset review and the following information:
(A) The name, address, and phone number of the domestic interested party (and its
members, if applicable) that intends to participate in the sunset review and the statutory basis (under
section 771(9) of the Act) for interested party status;
(B) A statement indicating whether the domestic producer: (1) Is related to a foreign producer or to a foreign exporter under section 771(4)(B) of the
Act; or
(2) Is an importer of the subject merchandise or is related to such an importer under
section 771(4)(B) of the Act;
(C) The name, address, and phone number of legal counsel or other representative, if any;
(D) The subject merchandise and country subject to the sunset review; and(E) The citation and date of publication in the Federal Register  of the Notice of
Initiation.
(iii) Failure of domestic interested party to file Notice of Intent to Participate in the sunset
review.
(A) A domestic interested party that does not file a Notice of Intent to Participate in the
sunset review will be considered not willing to participate in the review and the Secretary will not
accept or consider any unsolicited submissions from that party during the course of the review.
(B)  If no domestic interested party files a Notice of Intent to Participate in the sunset
review, the Secretary will:
(1) Conclude that no domestic interested party has responded to the Notice of Initiation
under section 751(c)(3)(A) of the Act;G/ADP/N/1/USA/1/Suppl.5
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Page 14
(2) Notify the International Trade Commission in  writing as such normally not later than
20 days after the date of publication in the Federal Register  of the Notice of Initiation; and
(3) Not later than 90 days after the date of publication in the Federal Register  of the
Notice of Initiation, issue a final determination revoking the order or terminating the suspended
investigation ( see §§  351.221(c)(5)(ii) and 351.222(i)).
(2)  Waiver of response by a respondent interested party to a Notice of Initiation.
(i) Filing of Statement of Waiver.   A respondent interested party may waive participation
in a sunset review before the Department under section 751(c)(4) of the Act by filing a Statement of
Waiver with the Department, not later than 30 days after the date of publication in the Federal
Register  of the Notice of Initiation.  If a respondent interested party waives participation in a sunset
review before the Department, the Secretary will not accept or consider any unsolicited submissions
from that party during the course of the review.  Wa iving participation in a sunset review before the
Department will not affect a party’s opportunity to participate in the sunset review conducted by theInternational Trade Commission.
 (ii) Contents of Statement of Waiver.   Every Statement of Waiver must include a
statement indicating that the respondent interested party waives participation in the sunset review
before the Department and the following information:
(A) The name, address, and phone number of the respondent interested party waiving
participation in the sunset review before the Department;
(B) The name, address, and phone number of legal counsel or other representative, if any;(C) The subject merchandise and country subject to the sunset review; and(D) The citation and date of publication in the Federal Register  of the Notice of
Initiation.
(iii) No response from a respondent interested party.   The Secretary will consider the
failure by a respondent interested party to file a complete substantive response to a Notice of Initiation
under paragraph (d)(3) of this section as a waiver of participation in a sunset review before the
Department.
(iv) Waiver of participation by a foreign government in a CVD sunset review.   Where a
foreign government waives participation in a CVD sunset review under paragraph (d)(2)(i) or
(d)(2)(iii) of this section, the Secretary will:
(A) Conclude that respondent interested partie s have provided inadequate response to the
Notice of Initiation under section 751(c)(3)(B) of the Act;
(B) Notify the International Trade Commission and conduct an expedited sunset review
and issue final results of review in accordance w ith paragraph (e)(1)(ii)(C) of this section; and
(C) Base the final results of review on the facts available in accordance with § 351.308(f),
which normally will include a determination that revocation of the order or termination of the
suspended investigation, as applicable, would be likely to lead to continuation or recurrence of a
countervailable subsidy for all respondent interested parties.G/ADP/N/1/USA/1/Suppl.5
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(3) Substantive response to a Notice of Initiation
(i) Time limit for substantive response to a Notice of Initiation.   A complete substantive
response to a Notice of Initiation, filed under this section, must be submitted to the Department not
later than 30 days after the date of publication in the Federal Register  of the Notice of Initiation.
(ii) Required information to be filed by all interested parties in substantive response to a
Notice of Initiation.   Except as provided in paragraph (d)(3)(v)(A) of this section, each interested
party that intends to participate in a sunset review must file a submission with the Department
containing the following:
(A) The name, address, and phone number of the interested party (and its members, if
applicable) that intends to participate in the sunset review and the statutory basis (under
section 771(9) of the Act) for interested party status;
(B) The name, address, and phone number of legal counsel or other representative, if any;(C) The subject merchandise and country subject to the sunset review;(D) The citation and date of publication in the Federal Register  of the Notice of
Initiation;
(E) A statement expressing the interested part y’s willingness to participate in the review
by providing information requested by the Departme nt, which must include a summary of that party’s
historical participation in any segment of the pro ceeding before the Department related to the subject
merchandise;
(F) A statement regarding the likely effects of revocation of the order or termination of
the suspended investigation under review, which must include and factual information, argument, and
reason to support such statement;
(G) Factual information, argument, and reason concerning the dumping margin or
countervailing duty rate, as applicable, that is likely to prevail if the Secretary revokes the order orterminates the suspended investigation, that the Department should select for a particular interested
party(s);
(H) A summary of the Department’s findings regarding duty absorption, if any, including
a citation to the Federal Register  notice in which the Department’s findings are set forth; and
(I) A description of any relevant scope clarification or ruling, including a circumvention
determination, or changed circumstances determination issued by the Department during the
proceeding with respect to the subject merchandise.
(iii)  Additional required information to be fil ed by respondent interested parties in
substantive response to a Notice of Initiation.   Except as provided in paragraph (d)(3)(v)(A) of this
section, the submission from each respondent interested party that intends to participate in a sunset
review must also contain the following:
(A) That party’s individual weighted average dumping margin or countervailing duty rate,
as applicable, from the investigation and each subsequent completed administrative review, including
the final margin or rate, as applicable, where such margin or rate was changed as a result of a final
and conclusive court order;G/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
Page 16
(B) For each of the five calendar years (or fiscal years, if more appropriate) preceding the
year of publication of the Notice of Initiation, that party’s volume and value (normally on a f.o.b.
basis) of exports of subject merchandise to the United States;
(C) As applicable, for the calendar year (or fiscal year, if more appropriate) preceding the
year of initiation of the dumping investigation, that party’s volume and value (normally on a f.o.b.
basis) of exports of subject merchandise to the United States;
(D) For each of the five calendar years (or fiscal years, if more appropriate) preceding the
year of publication of the Notice of Initiation, on a volume basis (or value basis, if more appropriate),
that party’s percentage of the total exports of subject merchandise (defined in section 771(25) of theAct) to the United States; and
(E) For each of the three most recent years, including the year of publication of the
Notice of Initiation, that party’s volume and value (normally on a f.o.b. basis) of exports of subject
merchandise to the United States during the two fiscal quarters as of the month preceding the monthin which the Notice of Initiation was published.
(iv) Optional information to be filed by interested parties in substantive response to a
Notice of Initiation.   (A) Showing good cause.   An interested party may submit information or
evidence to show good cause for the Secretary to consider other factors under section 752(b)(2)
(CVD) or section 752(c)(2) (A-D) of the Act a nd paragraph (e)(2)(ii) of this section.  Such
information or evidence must be submitted in the party’s substantive response to the Notice of
Initiation under paragraph (d)(3) of this section.
(B) Other information.   A substantive response from an interested party under
paragraph (d)(3) of this section also may contain any other relevant information or argument that the
party would like the Secretary to consider.
(v) Required information to be filed by a fo reign government in substantive response to
the Notice of Initiation in a CVD sunset review.
(A) In general.   The foreign government of a country subject to a CVD sunset review ( see
section 771(9)(B) of the Act) that intends to participate in a CVD sunset review must file a
submission with the Department under paragraph (d)( 3)(i) of this section containing the information
required under paragraphs (d)(3)(ii)(A) through (E) of this section.
(B) Additional required information to be file d by a foreign government in a CVD sunset
review involving an order where the investigation was conducted on an aggregate basis.   T h e
submission from the foreign government of a country subject to a CVD sunset review, involving an
order where the investigation was conducted on an aggregate basis, must also contain:
(1) The information required under paragraphs (d)(3)(ii)(F), (d)(3)(ii)(G), and (d)(3)(ii)(I)
of this section;
(2) The countervailing duty rate from the investigation and each subsequent completed
administrative review, including the final rate where such rate was changed as a result of a final and
conclusive court order; and
(3) For each of the five calendar years (or fiscal years, if more appropriate) preceding the
year of publication of the Notice of Initiation, the volume and value (normally on a f.o.b. basis) of
exports of subject merchandise to the United States.G/ADP/N/1/USA/1/Suppl.5
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Page 17
(vi) Substantive responses from industrial users and consumers.   An industrial user of the
subject merchandise or a representative consumer organization, as described in section 777(h) of the
Act, that intends to participate in a sunset review must file a submission with the Department under
paragraph (d)(3)(i) of this section containing the information required under paragraphs (d)(3)(ii)(A)through (D) of this section and may submit other relevant information under paragraphs (d)(3)(ii) and
(d)(3)(iv) of this section.
(4) Rebuttal to substantive response to a Notice of Initiation.   Any interested party that
files a substantive response to a Notice of Initiation under paragraph (d)(3) of this section may file a
rebuttal to any other party’s substantive response to a Notice of Initiation not later than five days after
the date the substantive response is filed with the Department.  Except as provided in §  351.309(e),the Secretary normally will not accept or consider any additional information from a party after the
time for filing rebuttals has expired, unless the Secretary requests additional information from parties
after determining to proceed to a full sunset review under paragraph (e)(2) of this section.
(e) Conduct of sunset review.
(1) Adequacy of response to a Notice of Initiation.
(i) Adequacy of response from domestic interested parties.
(A) In general.   The Secretary will make its determination of adequacy of response on a
case-by-case basis; however, the Secretary normally will conclude that domestic interested parties
have provided adequate response to a Notice of Initiation where it receives a complete substantive
response under paragraph (d)(3) of this section from at least one domestic interested party.
(B) Disregarding response from a domestic interested party.   In making its determination
concerning the adequacy of response from domestic interested parties under paragraph (e)(1)(i)(A) of
this section, the Secretary may disregard a response from a domestic producer:
(1) Related to a foreign producer or to a foreign exporter under section 771(4)(B) of the
Act; or
(2) That is an importer of the subject merchandise or is related to such an importer under
section 771(4)(B) of the Act ( see paragraph (d)(1)(ii)(B) of this section).
(C) Inadequate response from domestic interested parties.   Where the Secretary
determines to disregard a response from a domestic interested party(s) under paragraph (e)(1)(i)(A) or
(e)(1)(i)(B) of this section and no other domestic interested party has filed a complete substantive
response to the Notice of Initiation under paragraph (d)(3) of this section, the Secretary will:
(1)  Conclude that no domestic interested party has responded to the Notice of Initiation
under section 751(c)(3)(A) of the Act;
(2) Notify the International Trade Commission in  writing as such normally not later than
40 days after the date of publication in the Federal Register  of the Notice of Initiation; and
(3)  Not later than 90 days after the date of publication in the Federal Register  of the
Notice of Initiation, issue a final determination revoking the order or terminating the suspended
investigation ( see §§  351.221(c)(5)(ii) and 351.222(i)).G/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
Page 18
(ii) Adequacy of response from respondent interested parties.
(A) In general.   The Secretary will makes its determination of adequacy of response on a
case-by-case basis; however, the Secretary normally will conclude that respondent interested parties
have provided adequate response to a Notice of Initiation where it receives complete substantive
responses under paragraph (d)(3) of this section from respondent interested parties accounting on
average for more than 50 per cent, on a volume ba sis (or value basis, if appropriate), of the total
exports of subject merchandise to the United States over the five calendar years preceding the year of
publication of the Notice of Initiation.
(B) Failure of a foreign government to file a substantive response to a Notice of Initiation
in a CVD sunset review.   If a foreign government fails to file a complete substantive response to a
Notice of Initiation in a CVD sunset review under paragraph (d)(3)(v) of this section or waives
participation in a CVD sunset review under paragraph (d)(2)(i) or (d)(2)(iii) of this section, the
Secretary will:
(a) Conclude that respondent interested partie s have provided inadequate response to the
Notice of Initiation under section 751(c)(3)(B) of the Act;
(b) Notify the International Trade Commission and conduct an expedited sunset review
and issue final results of review in accor dance with paragraph (e)(1)(ii)(C) of this
section; and
(c) Base the final results of review on the facts available in accordance with § 351.308(f),
which normally will include a determination that revocation of the order or
termination of the suspended investigation, as applicable, would be likely to lead tocontinuation or recurrence of a countervailable subsidy for all respondent interested
parties.
(C) Inadequate response from respondent interested parties.   If the Secretary determines
that respondent interested parties provided inadequate response to a Notice of Initiation under
paragraph (d)(2)(iv), (e)(1)(ii)(A), or (e)(1)(ii)(B) of this section, the Secretary:
(1) Will notify the International Trade Commission in writing as such normally not later
than 50 days after the date of publication in the Federal Register  of the Notice of Initiation; and
(2) Normally will conduct an expedited sunset review and, not later than 120 days after
the date of publication in the  Federal Register  of the Notice of Initiation, issue, without further
investigation, final results of review based on the facts available in accordance with §  351.308(f) ( see
section 751(c)(3)(B) of the Act and §  351.221(c)(5)(ii)).
(2) Full sunset review upon adequate response from domestic and respondent interested
parties.
(i) In general.   Normally, only where the Department receives adequate response to the
Notice of Initiation from domestic interested parties under paragraph (e)(1)(i)(A) of this section and
from respondent interested parties under paragraph (e)(1)(ii)(A) of this section, will the Department
conduct a full sunset review.  Even where the Department conducts a full sunset review, only underthe most extraordinary circumstances will the Secretary rely on a countervailing duty rate or a
dumping margin other than those it calculated and published in its prior determinations, and in no case
will the Secretary calculate a net countervailable subsidy or a dumping margin for a new shipper in
the context of a sunset review.G/ADP/N/1/USA/1/Suppl.5
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Page 19
(ii) Consideration of other factors under section 752(b)(2) (CVD) or section 752(c)(2)
(A-D) of the Act.   The Secretary will consider other factors under section 752(b)(2) (CVD) or
section 752(c)(2) (A-D) of the Act if the Secretary determines that good cause to consider such other
factors exists.  The Secretary normally will consider such other factors only where it conducts a fullsunset review under paragraph (e)(2)(i) of this section.
(f) Time limits.
(1) Preliminary results of full sunset review.   The Department normally will issue its
preliminary results in a full sunset review not later than 110 days after the date of publication in the
Federal Register  of the Notice of Initiation.
(2) Verification.
(i) In general.   The Department will verify factual information relied upon in making its
final determination normally only in a full sunset review ( see section 782(i)(2) of the Act and
§ 351.307(b)(1)(iii)) and only where needed.  The Department will conduct verification normally only
if, in its preliminary results, the Department determines that revocation of the order or termination of
the suspended investigation, as applicable, is not likely to lead to continuation or recurrence of a
countervailable subsidy or dumping ( see section 752(b) and section 752(c) of the Act), as applicable,
and the Department ’s preliminary results are not based on countervailing duty rates or dumping
margins, as applicable, determined in the investigation or subsequent reviews.
(ii) Timing of verification.   The Department normally will conduct verification, under
paragraph (f)(2)(i) of this section and §  351.307, approximately 120 days after the date of publication
in the Federal Register  of the Notice of Initiation.
(3)  Final results of full sunset review and notification to the International Trade
Commission.
(i) Timing of final results of review and notification to the International Trade
Commission.   The Department normally will issue its final results in a full sunset review and notify
the International Trade Commission of its results of review not later than 240 days after the date of
publication in the Federal Register  of the Notice of Initiation ( see section 751(c)(5)(A) of the Act).
(ii) Extension of time limit.   If the Secretary determines that a full sunset review is
extraordinarily complicated under section 751(c)(5)(C) of the Act, the Secretary may extend the
period for issuing final results by not more than 90 days ( see section 751(c)(5)(B) of the Act).
(4) Notice of continuation of an order or suspended investigation; notice of revocation of
an order or termination of a suspended investigation.   Except as provided in
paragraph (d)(1)(iii)(B) (3) of this section and § 351.222(i)(1)(i), the Department normally will issue
its determination to continue an order or suspended investigation, or to revoke an order or terminate a
suspended investigation, as applicable, not later than seven days after the date of publication in the
Federal Register  of the International Trade Commission’s determination concluding the sunset
review.  The Department immediately thereafter will publish notice of its determination in the
Federal Register .
4.  Section 351.221(c)(5)(i) is amended to read as follows:
§ 351.221  Review procedures.
*****G/ADP/N/1/USA/1/Suppl.5
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Page 20
(c) Special rules.  * * *
(5) Sunset review.  * * *
(i) The notice of initiation of a sunset review will contain a request for the information
described in § 351.218(d); and
*****
5.  Section 351.222 is amended by removing paragraph (i) and adding new paragraph (i) to read
as follows:
§ 351.222  Revocation of orders; termination of suspended investigations.
*****
(i) Revocation or termination based on sunset review.
(1) Circumstances under which the Secretary will revoke an order or terminate a
suspended investigation.   In the case of a sunset review under § 351.218, the Secretary will revoke an
order or terminate a suspended investigation:
(i) Under section 751(c)(3)(A) of the Act, where no domestic interested party files a
Notice of Intent to Participate in the sunset review under § 351.218(d)(1), or where the Secretary
determines under § 351.218(e)(1)(i)(C) that domestic interested parties have provided inadequateresponse to the Notice of Initiation, not later than 90 days after the date of publication in the Federal
Register  of the Notice of Initiation;
(ii) Under section 751(d)(2) of the Act, where the Secretary determines that revocation or
termination is not likely to lead to continuation or recurrence of a countervailable subsidy or dumping
(see section 752(b) and section 752(c) of the Act), as applicable, not later than 240 days (or 330 days
where a full sunset review is fully extended) after the date of publication in the Federal Register  of
the Notice of Initiation; or
(iii) Under section 751(d)(2) of the Act, where the International Trade Commission makes
a determination, under section 752(a) of the Act, that revocation or termination is not likely to lead to
continuation or recurrence of material injury, not later than seven days after the date of publication inthe Federal Register  of the International Trade Commission’s determination concluding the sunset
review.
(2) Effective date of revocation.
(i) In general.   Except as provided in paragraph (i)(2)(ii) of this section, where the
Secretary revokes an order or terminates a suspe nded investigation, pursuant to section 751(c)(3)(A)
or section 751(d)(2) of the Act ( see paragraph (i)(1) of this section), the revocation or termination will
be effective on the fifth anniversary of the date of publication in the Federal Register  of the order or
suspended investigation, as applicable.  This paragraph also applies to subsequent sunset reviews oftransition orders ( see paragraph (i)(2)(ii) of this section and section 751(c)(6)(A)(iii) of the Act).
(ii) Transition orders.   Where the Secretary revokes a transition order (defined in
section 751(c)(6)(C) of the Act) pursuant to section 751(c)(3)(A) or section 751(d)(2) of the Act ( see
paragraph (i)(1) of this section), the revocation or termination will be effective on 1 January 2000.G/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
Page 21
This paragraph does not apply to subsequent sunset reviews of transition orders ( see
section 751(c)(6)(A)(iii) of the Act).
Subpart C - Information and Argument
6.  Section 351.308 is amended by adding new paragraph (f) to read as follows:
§ 351.308  Determinations on the basis of the facts available.
*****
(f) Use of facts available in a sunset review.   Where the Secretary determines to issue
final results of sunset review on the basis of facts available, the Secretary normally will rely on:
(1) Calculated countervailing duty rates or dumping margins, as applicable, from prior
Department determinations; and
(2) Information contained in parties’ substantive responses to the Notice of Initiation
filed under §  351.218(d)(3), consistent with secti on 752(b) or 752(c) of the Act, as applicable.
7.  Section 351.309 is amended by revising paragraph (c)(1)(i), by revising paragraph (c)(1)(iii),
and by adding new paragraph (e), to read as follows:
§ 351.309  Written argument.
*****
(c) Case brief.   (1)  * * *
(i) For a final determination in a countervailing duty investigation or anti-dumping
investigation, or for the final results of a full sunset review, 50 days after the date of publication of the
preliminary determination or results of review, as applicable, unless the Secretary alters the time limit;
*****
(iii) For the final results of an expedited anti-dumping review, Article 8 violation review,
Article 4/Article 7 review, or section 753 review, a date specified by the Secretary.
*****
(e) Comments on adequacy of response and appropriateness of expedited sunset review.
(i) In general.   Where the Secretary determines that respondent interested parties
provided inadequate response to a Notice of Initiation ( see §  351.218(e)(1)(ii)) and has notified the
International Trade Commission as such under §  351.218(e)(1)(ii)(C), interested parties (and
industrial users and consumer organizations) that submitted a complete substantive response to the
Notice of Initiation under § 351.218(d)(3) may file comments on whether an expedited sunset reviewunder section 751(c)(3)(B) of the Act and §  351.218(e)(1)(ii)(B) or 351.218(e)(1)(ii)(C) is
appropriate based on the adequacy of response to the Notice of Initiation.  These comments may not
include any new factual information or evidence (such as supplementation of a substantive response
to the Notice of Initiation) and are limited to five pages.G/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
Page 22
(ii) Time limit for filing comments.   Comments on adequacy of response and
appropriateness of expedited sunset review must be filed not later than 70 days after the date of
publication in the Federal Register  of the Notice of Initiation.
8. Section 351.312 is amended by revising paragraph (b) to read as follows:
§ 351.312  Industrial users and consumer organizations.
*****
(b) Opportunity to submit relevant information and argument.   In an anti-dumping 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 (d)(3)(ii), (d)(3)(vi), and (d)(4) of §  351.218,  paragraphs (b), (c)(1), and (c)(3) of
§ 351.301, and paragraphs (c), (d), and (e) of §  351.309 concerning dumping or a countervailablesubsidy.  All such submissions must be filed in accordance with §  351.303.
*****
9. New Annex VIII-A, -B, and -C is added after Annexes I-VII to read as follows:G/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
Page 23
ANNEX VIII-A - SCHE DULE FOR 90-DAY SUNSET REVIEWS
Day1Event Regulation
0 Initiation § 351.218(c)
15 Filing of Notice of Intent to Participate by
domestic interested parties§ 351.218(d)(1)(i) (not later than 15 days after
the date of publication of the Notice of
Initiation)
20 Notification to the ITC that no domestic
interested party has responded to the Notice of
Initiation§ 351.218(d)(1)(iii)(B) (2) (normally not later
than 20 days after the date of publication of
the Notice of Initiation)
30 Filing of substantive response to the Notice of
Initiation by all interested parties and industrial
users and consumers§§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not
later than 30 days after the date of publication
of the Notice of Initiation)
35 Filing of rebuttal to substantive response to the
Notice of Initiation§ 351.218(d)(4) (not later than 5 days after the
substantive response is filed with the
Department)
40 Notification to the ITC that no domestic
interested party has responded to the Notice of
Initiation (based on inadequate response from
domestic interested parties)§ 351.218(e)(1)(i)(C) (2) (normally not later
than 40 days after the date of publication of
the Notice of Initiation)
90 Final determination revoking an order or
terminating a suspended investigation where no
domestic interested party responds to the Notice
of Initiation§§ 351.218(d)(1)(iii)(B) (3) and
351.222(i)(1)(i) (not later than 90 days after
the date of publication of the Notice of
Initiation)
ANNEX VIII-B - SCHEDULE FOR EXPEDITED SUNSET REVIEWS
Day2Event Regulation
0 Initiation § 351.218(c)
15 Filing of Notice of Intent to Participate by
domestic interested parties§ 351.218(d)(1)(i) (not later than 15 days after
the date of publication of the Notice of
Initiation)
30 Filing of Statement of Waiver by respondent
interested parties§ 351.218(d)(2)(i) (not later than 30 days after
the date of publication of the Notice of
Initiation)
30 Filing of substantive response to the Notice of
Initiation by all interested parties and industrial
users and consumers§§  351.218(d)(3)(i) and 351.218(d)(3)(vi)
(not later than 30 days after the date of
publication of the Notice of Initiation)
35 Filing of rebuttal to substantive response to the
Notice of Initiation§ 351.218(d)(4) (not later than 5 days after the
substantive response is filed with the
Department)
50 Notification to the ITC that respondent interested
parties provided inadequate response to the
Notice of Initiation§ 351.218(e)(1)(ii)(C) (1) (normally not later
than 50 days after the date of publication of
the Notice of Initiation)
                                                     
1 Indicates the number of days from the date of publication in the Federal Register  of the Notice of
Initiation.
2 Indicates the number of days from the date of publication in the Federal Register  of the Notice of
Initiation.G/ADP/N/1/USA/1/Suppl.5
G/SCM/N/1/USA/1/Suppl.5
Page 24
Day2Event Regulation
70 Comments on adequacy of response and
appropriateness of expedited sunset review§ 351.309(e)(ii) (not later than 70 days after
the date of publication of the Notice ofInitiation)
120 Final results of expedited sunset review where
respondent interested parties provide inadequate
response to the Notice of Initiation§§ 351.218(e)(1)(ii)(B) and
351.218(e)(1)(ii)(C) (2) (not later than 120
days after the date of publication of the Notice
of Initiation)
ANNEX VIII-C - SC HEDULE FOR FULL SUNSET REVIEWS
Day3Event Regulation
0 Initiation § 351.218(c)
15 Filing of Notice of Intent to Participate by
domestic interested parties§ 351.218(d)(1)(i) (not later than 15 days after
the date of publication of the Notice of
Initiation)
30 Filing of Statement of Waiver by respondent
interested parties§ 351.218(d)(2)(i) (not later than 30 days after
the date of publication of the Notice ofInitiation)
30 Filing of substantive response to the Notice of
Initiation by all interested parties and industrial
users and consumers§§  351.218(d)(3)(i) and 351.218(d)(3)(vi)
(not later than 30 days after the date of
publication of the Notice of Initiation)
35 Filing of rebuttal to substantive response to the
Notice of Initiation§ 351.218(d)(4) (not later than 5 days after the
substantive response is filed with the
Department)
110 Preliminary results of full sunset review § 351.218(f)(1) (normally not later than 110
days after the date of publication of the Notice
of Initiation)
120 Verification in a full sunset review, where needed § 351.218(f)(2)(ii) (approximately 120 days
after the date of publication of the Notice of
Initiation)
160 Filing of case brief in full sunset review § 351.309(c)(1)(i) (50 days after the date of
publication of the preliminary results of full
sunset review)
165 Filing of rebuttal brief in full sunset review § 351.309(d)(1) (5 days after the time limit for
filing a case brief)
167 Hearing in full sunset review if requested § 351.310(d)(i) (2 days after the time limit for
filing a rebuttal brief)
240 Final results of full sunset review § 351.218(f)(3)(i) (not later than 240 days
after the date of publication of the Notice ofInitiation)
330 Final results of full sunset review if fully
extended§ 351.218(f)(3)(ii) (if full sunset review is
extraordinarily complicated, period for issuing
final results may be extended by not more
than 90 days)
__________
                                                     
3 Indicates the number of days from the date of publication in the Federal Register  of the Notice of
Initiation.