680 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 

access panels or doors. Stands, ladders, or 

platforms may be required to gain proximity 

to the area being checked.’’

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(f) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(g) Refer to MCAI National Agency of Civil 

Aviation (ANAC) AD No.: 2006–10–01, dated 

October 25, 2006, EMBRAER Service Bulletin 

S.B. No.: 110–00–0007, dated May 10, 2006, 

and EMBRAER Alert Service Bulletin S.B. 

No.: 110–00–A007, dated March 6, 2006 for 

related information. 

Issued in Kansas City, Missouri, on 

December 28, 2006. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–51 Filed 1–5–07; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 270 

[File No. S7–03–04] 

RIN 3235–AJ62 

Investment Company Governance 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of comment deadline. 

On December 21, 2006, the 

Commission published a document in 

the Federal Register reopening the 

comment period on its June 2006 

request for comment regarding 

amendments to investment company 

governance provisions (‘‘Request for 

Additional Comment’’) (Investment 

Company Release No. 27600 (Dec. 15, 

2006) [71 FR 76618 (Dec. 21, 2006) (FR 

Doc. No. E6–21903)]). The purpose of 

the additional comment period is to 

permit public comment on two papers 

prepared by the Office of Economic 

Analysis on this topic. The Request for 

Additional Comment stated that 

comments must be received on or before 

60 days after publication of the second 

of the two staff economic papers in the 

public comment file. The second of 

these papers was published in the 

public comment file on December 29, 

2006, and both papers are available on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/proposed/ 

s70304/oeamemo122906- 

powerstudy.pdf; http://www.sec.gov/ 

rules/proposed/s70304/ 

oeamemo122906-litreview.pdf). 

Comments must be received on or 

before March 2, 2007. 

Dated: December 29, 2006. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E7–13 Filed 1–5–07; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 061121303–6301–01] 

RIN 0625–AA73 

Antidumping and Countervailing Duty 

Proceedings: Documents Submission 

Procedures; APO Procedures; 

Proposed Rule 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Proposed Rule; request for 

Comments. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) proposes to amend 

its regulations in antidumping (‘‘AD’’) 

and countervailing duty (‘‘CVD’’) 

proceedings governing information 

submitted to the Department and 

administrative protective orders in order 

to improve the Department’s procedures 

and provide clarification to some 

aspects of the Department’s regulations. 

Specifically, the Department proposes to 

amend its regulations as follows: To 

reflect a transfer in the function of 

receiving submissions filed in AD/CVD 

proceedings from the Central Records 

Unit to the Administrative Protective 

Order (‘‘APO’’) Unit, and to change the 

name of the APO Unit to APO/Dockets 

Unit; to reflect a transfer in the function 

of maintaining public service lists from 

the Central Records Unit to the APO/ 

Dockets Unit; to update the definition of 

‘‘Customs Service’’ to reflect the 

reorganization of the Executive Branch; 

to clarify that documents filed with the 

Department will only be time stamped 

when appropriate, for example, when an 

interested party submits a request for 

treatment as a voluntary respondent; to 

clarify when an APO will be placed on 

the record with respect to new shipper 

reviews, applications for scope rulings 

and changed circumstances reviews; to 

clarify when a party must serve business 

proprietary information already on the 

administrative record to new authorized 

applicants to the APO; to require a 

formal letter of appearance to request 

placement on the service list of any 

segment of an AD/CVD proceeding; and 

to clarify when a party is to be 

considered an ‘‘interested party’’ for the 

purposes of the APO. Finally, the 

Department proposes amending its short 

form application for an APO (Form 

ITA–367). 

DATES: To be assured of consideration, 

written comments must be received no 

later than February 28, 2007. 

ADDRESSES: Submit comments to David 

M. Spooner, Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Central Records Unit, 

Room 1870, Pennsylvania Avenue and 

14th Street, NW., Washington, DC 

20230; Attention: APO Regulations. 

FOR FURTHER INFORMATION CONTACT: Ann 

Sebastian at (202) 482–3354 or William 

Kovatch at (202) 482–5052. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to section 777(c)(1)(A) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’) (19 U.S.C. 1677f(c)(1)(A)), the 

Department must make available to 

interested parties, under an APO, all 

business proprietary information 

submitted to it during the course of an 

antidumping or countervailing duty 

proceeding. Section 777(c)(1)(B) of the 

Act authorizes the Department to issue 

regulations governing the APO process. 

The Department’s current regulations 

are codified at 19 CFR Part 351. 

The Department last amended its APO 

regulations in 1998 (see 63 FR 24391). 

The Department is always interested in 

reviewing its APO procedures and 

improving them through its regulations. 

Since the adoption of regulations in 


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1998, the Department has gained insight 

into how its APO procedures work in 

practice. The Department believes that it 

is appropriate to propose improvements 

to those procedures and provide 

clarification to them where necessary. 

Such clarifications include not only 

amendments to the regulations, but also 

amendments to the short form 

application for APO access (Form ITA–

367). 

In addition, since the publication of 

the 1998 APO regulations, the 

Department has transferred the function 

of receiving submissions from parties in 

antidumping and countervailing duty 

proceedings from Import 

Administration’s Central Records Unit 

to the APO Unit. The Department 

therefore is amending the regulations to 

reflect this change. 

Explanation of Particular Provisions 

Section 351.102(b). Definitions. 

Definition of ‘‘Customs Service’’ and 

‘‘Interested party.’’

Section 351.102(b) defines terms that 

appear in the Act but are not defined in 

the Act, defines terms that appear in the 

Department’s regulations but do not 

appear in the Act, and elaborates on the 

meaning of certain terms that are 

defined in the Act. Currently, this 

section of the regulations contains a list 

of terms in alphabetical order. The 

terms themselves are not sequentially 

numbered. For administrative purposes, 

the Department proposes setting forth 

the terms defined in section 351.102(b) 

in sequentially numbered paragraphs. 

Specifically, as discussed below, 

numbering the terms will allow the 

Department to administer the APO 

function in a more precise manner. 

Sequentially numbering the terms 

defined in section 351.102(b) creates no 

additional requirements on parties 

appearing before the Department. 

Section 351.102(b) currently defines 

‘‘Customs Service’’ as ‘‘the United States 

Customs Service of the United States 

Department of the Treasury.’’ Since the 

publication of the regulations, the 

Customs Service has been transferred to 

the U.S. Department of Homeland 

Security and renamed U.S. Customs and 

Border Protection. The Department 

therefore proposes amending this 

definition of ‘‘Customs Service’’ to 

reflect this change. 

Section 351.102(b) currently does not 

contain a definition for the term 

‘‘interested party.’’ This has created 

some confusion and difficulty in 

processing APO applications. Form 

ITA–367, the APO application, requires 

the applicant to disclose the interested 

party status of the party the applicant 

represents. The current version of the 

form allows the applicant to check 

‘‘petitioner,’’ ‘‘respondent,’’ or ‘‘other.’’

If the applicant checks ‘‘other,’’ the form 

requires the applicant to identify the 

section of the Department’s regulations 

that defines the party’s interested party 

status. 

The Department’s experience with 

this version of Form ITA–367 is that the 

provision of the broad category ‘‘other’’

has led to some confusion. First, as 

stated above, the term ‘‘interested party’’

is not currently defined by the 

regulations. In addition, the 

Department, and other parties to the 

proceeding, have had difficulty in 

determining whether a party identifying 

itself as ‘‘other’’ qualifies as an importer 

of subject merchandise or one of the 

other categories of interested parties as 

defined by statute. This has led to 

difficulties in confirming the status of a 

party as an interested party as defined 

by the Act. 

The Department proposes amending 

section 351.102(b), by including the 

definition of ‘‘interested party.’’ This 

definition does not differ from the 

definition of ‘‘interested party’’ as stated 

in section 771(9) of the Act, except that 

an importer of subject merchandise is 

defined in a different subparagraph from 

a manufacturer, producer and exporter 

of the subject merchandise. Defining 

‘‘importer’’ in its own subparagraph is 

necessary to permit Department officials 

to readily identify when an applicant for 

APO access is an importer. Should this 

amendment be adopted, applicants 

would be required to indicate on Form 

ITA–367 the precise subparagraph of 

section 351.102(b) that applies to the 

party the applicant represents. 

Sections 351.103(a), 351.103(b), 

351.103(c), 351.103(d), and 351.303(b). 

Location and Functions of the Central 

Records Unit and the APO Unit, Filing 

Documents, and Service Lists 

Sections 351.103(a), 351.103(b), 

351.103(c), and 351.103(d) discuss the 

functions of Import Administration’s 

Central Records Unit and APO Unit. 

Since the publication of the regulations, 

the Department has transferred the 

function of receiving submissions in 

antidumping and countervailing duty 

proceedings (i.e., the docket function) 

from the Central Record Unit to the APO 

Unit. The Department proposes 

amending these sections to reflect this 

change, and to change the name of the 

APO Unit to the APO/Dockets Unit. 

Currently, section 351.103(b) provides 

that a document is not considered to be 

officially received by the Department 

unless it is stamped with the date and 

time of receipt. Upon review, the 

Department no longer believes that it is 

necessary to time-stamp every 

document submitted. In most instances, 

to be considered filed in a timely 

manner, a document need only be 

submitted by the close of business on 

the due date. Date stamping a document 

in such instance would be sufficient to 

establish that the document was 

submitted in a timely fashion. There are, 

however, a few instances where it is 

necessary to time-stamp a document to 

establish timeliness. In some instances, 

the Department may establish a time 

other than the close of business as the 

deadline for the submission. In other 

instances, such as when the Department 

exercises its discretion to accept 

voluntary respondents, it is necessary to 

establish the order in which the 

Department receives requests to be 

treated as a voluntary respondent. The 

Department proposes amending the 

regulations to remove the general 

requirement that all documents be timestamped, and clarify that a document 

will only be time-stamped where 

necessary. Department officials and the 

APO/Dockets Unit will continue to 

coordinate with each other to determine 

whether it is necessary for a document 

to be time-stamped, and to 

communicate such necessity with 

interested parties. This proposed 

changed will not affect the filing 

requirements on outside parties, and 

only addresses internal Department 

procedure. 

The Department also proposes 

amending the regulations to require an 

interested party to file a letter of 

appearance to request placement on the 

service lists of any segment of a 

proceeding. The letter of appearance 

should be a filing, separate from other 

filings, identifying the name of the 

interested party, how that party 

qualifies as an interested party, and the 

name of the firm representing that 

interested party if appropriate. If the 

interested party is a coalition or 

association as defined in sections 

771(9)(A), (E), (F) or (G) of the Act, the 

letter of appearance must identify all 

members of the coalition or association. 

Because the letter of appearance 

includes factual information (i.e., the 

name of the interested party, how the 

party qualifies as an interested party), 

the certification requirements of section 

351.303(g) would apply. Requiring the 

letter of appearance to be a separate 

document will help ensure that 

Department officials update the public 

service list when a party begins 

participating in an administrative 

proceeding. Currently, many parties 

already file a letter of appearance when 


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682 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 

they are participating in an 

administrative proceeding before the 

Department. Therefore, the burden on 

the public would be minimal. 

Section 351.303(b) of the 

Department’s regulations provide 

instructions on how to address and 

submit documents to the Secretary for 

consideration in an antidumping or 

countervailing duty proceeding. 

Currently, the regulations require that 

submissions be addressed to the Central 

Records Unit and provides the room 

number. As stated above, the function of 

receiving submissions has been 

transferred to the APO/Dockets Unit. 

Accordingly, the Department proposes 

amending section 351.303(b) to reflect 

the transfer in function to the APO/ 

Dockets Unit. 

Section 351.204(d). Requests for 

Treatment as a Voluntary Respondent 

As provided in section 351.204(d) of 

the Department’s regulations, if the 

Department limits the number of 

exporters or producers individually 

examined under section 777A(c)(2) or 

section 777A(e)(2)(A) of the Act, the 

Department will examine voluntary 

respondents in accordance with section 

782(a) of the Act. In order to be able to 

clearly identify voluntary respondents, 

and discern the order in which requests 

for voluntary respondent treatment have 

been submitted, the Department 

proposes to require an interested party 

seeking voluntary respondent treatment 

to indicate its request clearly on the first 

page of the first submission. This will 

alert the APO/Dockets Unit to the fact 

that the submission should be time 

stamped. 

This requirement of placing the words 

‘‘Request for Voluntary Respondent 

Treatment’’ in the title of the first page 

of the first submission will not create 

any undue burden on interested parties. 

Section 351.305(a). Placing APOs on the 

Record in New Shipper Reviews, 

Applications for Scope Rulings, and 

Changed Circumstances Reviews 

Under section 351.305(a) of the 

current regulations, the Department 

places an APO on the record of a 

segment of a proceeding within two 

days of the filing of a new petition or 

an initiation of an investigation on the 

Department’s own initiative and within 

five days after the initiation of any 

segment other than an investigation. 

The Department proposes clarifying that 

the reference to ‘‘days’’ in this section 

of the regulations refers to business 

days. 

With respect to new shipper reviews, 

an exporter or producer must first 

submit a request with certain 

certifications and documentation 

detailed in section 351.214(b)(2) of the 

Department’s regulations. The 

Department decides whether to initiate 

a new shipper review by evaluating the 

certifications and other documentation 

submitted along with the request. At 

times, this evaluation includes the 

analysis of business proprietary 

information. Interested parties may wish 

to comment on this information before 

the Department decides whether to 

initiate the new shipper review. 

However, interested parties may only 

gain access to the business proprietary 

information under an APO. Under the 

current regulations, the Department 

does not issue an APO until after the 

new shipper review has been initiated. 

Therefore, to allow interested parties to 

have access to business proprietary 

information relevant to the potential 

initiation of a new shipper review, the 

Department proposes to amend its 

regulations by indicating that an APO 

will be placed on the record within five 

business days of the filing of a request 

for a new shipper review. 

Similarly, section 351.225(c) of the 

Department’s regulations permits an 

interested party to request a ruling as to 

whether a particular product is within 

the scope of an order or a suspended 

investigation. If the Secretary can make 

this determination based solely on the 

information contained in the 

application and the description of the 

merchandise contained in the original 

petition, the initial investigation, and 

the prior determinations of the Secretary 

and the International Trade 

Commission, then the Secretary will 

issue a final ruling without requesting 

further information. During this 

evaluation, the Secretary may be 

required to analyze business proprietary 

information submitted by the applicant, 

and interested parties may wish to 

comment on this information. However, 

like new shipper reviews, under the 

current regulations the Department 

issues the APO after the initiation of a 

scope inquiry. Under section 351.225(e), 

the Secretary will only initiate a scope 

inquiry if more information is required 

than that submitted with the 

application. To permit parties to have 

access to business proprietary 

information and comment on that 

information before the initiation of a 

scope inquiry, the Department proposes 

to amend its regulations by indicating 

that an APO will be placed on the 

record within five business days of the 

filing of an application for a scope 

ruling. 

Finally, section 351.216(b) states that 

the Department will determine whether 

to initiate a changed circumstances 

review within forty-five days after the 

date on which a request is filed. The 

Department may also self-initiate a 

changed circumstances review. The 

request for the initiation of a changed 

circumstances review may contain 

business proprietary information. Under 

the current regulations, the Department 

issues an APO only after initiating a 

changed circumstances review. Because 

interested parties may wish to have 

access to the business proprietary 

information and to comment on this 

information before the initiation of a 

changed circumstances review, we 

propose amending section 351.305(a) to 

place an APO on the record within five 

business days of the filing of a changed 

circumstances request or the selfinitiation of a changed circumstances 

review by the Department. 

Section 351.305(b). Service Requirement 

of Documents Already on the 

Administrative Record to New 

Authorized Applicants 

Prior to the adoption of the current 

regulations in 1998, when a party had 

already submitted business proprietary 

information to the Department and a 

new party applied for access to business 

proprietary information subject to APO, 

the Department required the first party 

to serve that information on the new 

party within two days of the Secretary’s 

granting of access. The Department 

inadvertently deleted this requirement 

from the regulations adopted in 1998. 

We propose amending section 

351.305(b) to restore the requirement 

that business proprietary information 

already on the administrative record be 

served on a party filing a timely 

application for access to business 

proprietary information under the APO 

within two business days of the 

approval of that application. The 

Department does not anticipate that this 

proposed requirement will increase any 

burden or cause undue hardship. In 

practice, parties have been serving 

information on a new party within two 

business days of that party’s approval as 

an authorized applicant despite the 

absence of any regulatory requirement. 

In addition, the current regulations 

state that in order to minimize any 

disruption caused by late applications, 

a party should file its APO application 

before the first response to a 

questionnaire has been submitted. 

Section 351.305(b)(3) of the current 

regulations indicates that all parties 

who have already submitted business 

proprietary information to the 

administrative record must serve that 

information on the new authorized 

applicant within five days of the 

approval of the application. This fiveVerDate Aug<31>2005 16:21 Jan 05, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\08JAP1.SGM 08JAP1

sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 683 

day time period was meant to apply 

when the application was filed after the 

submission of the first questionnaire 

response, as opposed to the two-day 

time period proposed above, which is 

meant to apply to parties who apply for 

APO access before the submission of the 

first questionnaire response. The 

Department proposes amending this 

regulation to clarify that the five-day 

time period only applies when the 

authorized applicant has filed its 

application for APO access after the 

submission of the first response to a 

questionnaire. 

As stated, many parties already 

adhere to this practice. The regulations 

already contain a service requirement. 

This proposal merely addresses the 

timing of that service. 

Section 351.305(d). Additional 

Documentation Required for Importers 

As discussed above, the Department 

and other interested parties have had 

difficulty in identifying whether a party 

who identifies itself as ‘‘other’’ on Form 

ITA–367 is an importer of the subject 

merchandise. Given the sensitive nature 

of the business proprietary information 

submitted to the Department, it is 

imperative that the Department be able 

to confirm that a party applying for APO 

access is indeed an ‘‘interested party’’ as 

defined by the Act. The Department 

proposes to require parties claiming to 

be importers of the subject merchandise 

to submit documentary evidence 

confirming their status as importers. 

The Department’s preferred evidence is 

a copy of the Customs Form 7501 

demonstrating that the party imported 

subject merchandise during the relevant 

period of investigation or period of 

review. 

The Department recognizes that some 

segments do not necessarily involve a 

specific time period, such as a changed 

circumstances review or a scope 

inquiry. In such circumstances, where a 

representative of an importer of subject 

merchandise desires to apply for APO 

access, the importer need only show 

that it imported subject merchandise at 

some time since the beginning of the 

original period of investigation. Thus, 

the Department intends that in changed 

circumstances reviews and scope 

inquiries, it will only require that the 

importer submit documentary evidence, 

such as a Customs Form 7501, 

demonstrating that the party imported 

subject merchandise at any time since 

the beginning of the original period of 

investigation. 

In other instances, such as where a 

party requests a scope ruling on a 

particular product it intends to import, 

a Customs Form 7501 may not be 

available. In such circumstances, the 

interested party may satisfy the 

proposed requirement by submitting 

any other credible documentary 

evidence demonstrating its intention to 

import the product subject to the scope 

inquiry. 

Form ITA–367, Short Form Application 

for APO 

Form ITA–367 requires the applicant 

to identify the specific segment of the 

proceeding covered by the APO. 

Applicants in a new shipper review 

currently check the box next to ‘‘other,’’

identifying the segment and citing the 

Federal Register notice wherein the 

Department initiated the proceeding. 

The Department can initiate separate 

new shipper reviews on the same day, 

however, covering the same 

merchandise and the same period of 

review but a different exporter or 

producer. For this reason, typically, new 

shipper reviews are identified based on 

the name of the exporter or producer 

being reviewed. In order to provide 

further clarity, the Department proposes 

amending Form ITA–367 to provide for 

an option to check ‘‘new shipper 

review’’ and specifically identify the 

name of the exporter/producer that is 

covered by the new shipper review. 

With respect to scope inquiries, there 

may be several scope inquiries during 

the existence of an order. Therefore, in 

order to provide further clarity, the 

Department proposes amending Form 

ITA–367 to specifically identify the 

product that is covered by the scope 

review. 

In the case of changed circumstances 

reviews, such a review may not 

necessarily be tied to a specific period 

of review. Thus, in order to provide 

further clarity, the Department proposes 

amending Form ITA–367 to provide for 

an option to check ‘‘changed 

circumstances review’’ and require the 

applicant to identify the date on which 

the request for a changed circumstances 

review was filed. 

To allow the Department to identify 

when an interested party applying for 

APO access is an importer, the 

Department proposes amending Form 

ITA–367 to require the applicant to 

identify the specific subsection of the 

Department’s regulations that define its 

status as an interested party. This 

proposed amendment to Form ITA–367 

correlates to the proposed changes to 

the regulations as set forth in this 

notice. 

Section 351.305(c) states that the 

Secretary will provide, by the most 

expeditious means available, the APO 

service list to parties to the proceeding 

on the day the service list is issued or 

amended. The application is also being 

expanded to identify the ‘‘Lead 

Applicant,’’ and to request an e-mail 

address for the receipt of service lists in 

order to ensure timely notice of the 

issuance or amendment of the service 

list. 

The Department would like to take 

this opportunity to remind those who 

practice before it, that the entire Form 

ITA–367 must be submitted to the 

Department in order to gain access to 

business proprietary information under 

the APO. If any portion of the form is 

not applicable, the applicant should so 

indicate on the form itself, and submit 

the entire application form to the 

Department. Form ITA–367 is available 

on the Department’s Web site at http:// 

ia.ita.doc.gov/apo/index.html and may 

be reproduced using the applicant’s 

word processor. The format of the 

application under items 8 and 9 must be 

exactly as provided in the printed form, 

with no deviation. The exact format 

under items 8 and 9 may be repeated to 

include additional applicants, as 

required (e.g., (2), (3), (4), etc.). Each 

applicant must sign and date the 

application in their own hand. 

The Department would also like to 

remind authorized applicants that an 

acknowledgment for support staff is a 

requirement under item 2 of the APO. 

Failure by a firm to maintain an 

acknowledgment for support staff for 

each segment of each proceeding when 

APO access has been granted would be 

a violation of the APOs. Support staff do 

not apply separately for APO access, but 

they are required to sign the 

acknowledgment maintained by the 

firm. 

Comments—Deadline, Format, Number 

of Copies 

The deadline for the submission of 

comments is February 28, 2007. The 

Department will consider all comments 

received before the close of the 

comment period. Comments received 

after the end of the comment period will 

be considered, if possible, but their 

consideration cannot be assured. 

Parties wishing to comment should 

submit a signed original and two copies 

of each set of comments, including 

reasons for any recommendations. To 

help simplify the processing and 

distribution of comments, the 

Department requests that a submission 

in electronic form accompany the 

required paper copies. Comments filed 

in electronic form should be on CD–

ROM in either WordPerfect format or a 

format that the WordPerfect program 

can convert into WordPerfect. 

The Department will not accept 

comments accompanied by a request 


sroberts on PROD1PC70 with PROPOSALS
684 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 

that a part or all of the material be 

treated confidentially because of its 

business proprietary nature or for any 

other reason. The Department will 

return such comments and materials to 

the persons submitting the comments 

and will not consider them in 

connection with this request for 

comment. 

Comments received on CD–ROM will 

be made available to the public on the 

Web at the following address: http:// 

ia.ita.doc.gov/. In addition, upon 

request, the Department will make 

comments filed in electronic form 

available to the public on CD–ROMs (at 

cost) with specific instructions for 

accessing compressed data (if 

necessary). Any questions concerning 

file formatting, document conversion, 

access on the Web, or other electronic 

filing issues should be addressed to 

Andrew Lee Beller, IA Webmaster, at 

(202) 482–0866 or via e-mail at 

webmaster-support@ita.doc.gov. 

Classification 

E.O. 12866 

It has been determined that this notice 

is not significant for purposes of E.O. 

12866. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation at 

the Department certified to the Chief 

Counsel for Advocacy, Small Business 

Administration that this rule, if 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities. 

The Department proposes to amend 

its regulations in antidumping (‘‘AD’’) 

and countervailing duty (‘‘CVD’’) 

proceedings governing information 

submitted to the Department and 

administrative protective orders in order 

to improve the Department’s procedures 

and provide clarification to some 

aspects of the Department’s regulations. 

Specifically, the Department proposes to 

amend its regulations as follows: (1) To 

reflect a transfer in the function of 

receiving submissions filed in AD/CVD 

proceedings from the Central Records 

Unit to the Administrative Protective 

Order (‘‘APO’’) Unit, and to change the 

name of the APO Unit to APO/Dockets 

Unit; (2) to reflect a transfer in the 

function of maintaining public service 

lists from the Central Records Unit to 

the APO/Dockets Unit; (3) to update the 

definition of ‘‘Customs Service’’ to 

reflect the reorganization of the 

Executive Branch; (4) to clarify that 

documents filed with the Department 

will only be time stamped when 

appropriate, for example, when an 

interested party submits a request for 

treatment as a voluntary respondent; (5) 

to clarify when an APO will be placed 

on the record with respect to new 

shipper reviews, applications for scope 

rulings and changed circumstances 

reviews; (6) to clarify when a party must 

serve business proprietary information 

already on the administrative record to 

new authorized applicants to the APO; 

(7) to require a formal letter of 

appearance to request being placed on 

the service list of any segment of an AD/ 

CVD proceeding; and (8) to clarify when 

a party is to be considered an 

‘‘interested party’’ for the purposes of 

the APO. Finally, the Department 

proposes amending its short form 

application for an APO (Form ITA–367). 

The Department is unable to estimate 

the number of small entities that will be 

affected by this rule, as the Department 

does not collect this information. 

However, there is the possibility that 

this rule would impact some number of 

small entities. Although the number of 

small entities that may be impacted is 

unknown, this rule would not impose a 

significant economic impact. 

If implemented, this rule is not 

expected to impose a significant 

economic impact on the affected 

entities. Most of the amendments are 

procedural in nature and would not 

impose any new requirements or result 

in a significant compliance cost. The 

proposed requirement to submit a 

formal letter of appearance to request 

being placed on the service list of any 

segment of an AD/CVD proceeding; the 

proposed amendment to require an 

importer to submit documentary 

evidence of its status as an importer; 

and the proposed amendment to its 

short form application for an APO 

(Form ITA–367) may result in a slight 

increase in recordkeeping and reporting 

burden hours. ITA anticipates that these 

requirements would result in $80 or 4 

additional burden hours per respondent. 

Although this proposed rule may impact 

a substantive number of small entities, 

the cost to these entities would be 

minimal. For this reason, the Chief 

Counsel for Regulation at the 

Department of Commerce certified that 

this rule would not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act 

This rule does not contain a collection 

of information for purposes of the 

Paperwork Reduction Act of 1980, as 

amended (44 U.S.C. 3501 et seq.). 

E.O. 12612 

This proposed rule does not contain 

federalism implications warranting the 

preparation of a Federalism Assessment. 

List of Subjects in 19 CFR Part 351 

Administrative practice and 

procedure, Antidumping, Business and 

industry, Cheese, Confidential business 

information, Countervailing duties, 

Freedom of information, Investigations, 

Reporting and recordkeeping 

requirements. 

Dated: December 27, 2006. 

Stephen J. Claeys, 

Deputy Assistant Secretary, for Import 

Administration. 

For the reasons stated, it is proposed 

that 19 CFR Ch. III be amended as 

follows: 

PART 351—ANTIDUMPING AND 

COUNTERVAILING DUTIES 

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 revised as 

follows: 

§ 351.102 Definitions. 

(a) Introduction. The Act contains 

many technical terms applicable to 

antidumping and countervailing duty 

proceedings. In the case of terms that 

are not defined in this section or other 

sections of this part, readers should 

refer to the relevant provisions of the 

Act. This section: 

(1) Defines terms that appear in the 

Act but are not defined in the Act; 

(2) Defines terms that appear in this 

Part but do not appear in the Act; and 

(3) Elaborates on the meaning of 

certain terms that are defined in the Act. 

(b) Definitions. 

(1) Act. ‘‘Act’’ means the Tariff Act of 

1930, as amended. 

(2) Administrative review. 

‘‘Administrative review’’ means a 

review under section 751(a)(1) of the 

Act. 

(3) Affiliated persons; affiliated 

parties. ‘‘Affiliated persons’’ and 

‘‘affiliated parties’’ have the same 

meaning as in section 771(33) of the 

Act. In determining whether control 

over another person exists, within the 

meaning of section 771(33) of the Act, 

the Secretary will consider the 

following factors, among others: 

corporate or family groupings; franchise 

or joint venture agreements; debt 

financing; and close supplier 

relationships. The Secretary will not 

find that control exists on the basis of 

these factors unless the relationship has 

the potential to impact decisions 

concerning the production, pricing, or 

cost of the subject merchandise or 

foreign like product. The Secretary will 


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consider the temporal aspect of a 

relationship in determining whether 

control exists; normally, temporary 

circumstances will not suffice as 

evidence of control. 

(4) Aggregate basis. ‘‘Aggregate basis’’

means the calculation of a country-wide 

subsidy rate based principally on 

information provided by the foreign 

government. 

(5) Anniversary month. ‘‘Anniversary 

month’’ means the calendar month in 

which the anniversary of the date of 

publication of an order or suspension of 

investigation occurs. 

(6) APO. ‘‘APO’’ means an 

administrative protective order 

described in section 777(c)(1) of the Act. 

(7) Applicant. ‘‘Applicant’’ means a 

representative of an interested party that 

has applied for access to business 

proprietary information under an 

administrative protective order. 

(8) Article 4/Article 7 review. ‘‘Article 

4/Article 7 review’’ means a review 

under section 751(g)(2) of the Act. 

(9) Article 8 violation review. ‘‘Article 

8 violation review’’ means a review 

under section 751(g)(1) of the Act. 

(10) Authorized applicant. 

‘‘Authorized applicant’’ means an 

applicant that the Secretary has 

authorized to receive business 

proprietary information under an APO 

under section 777(c)(1) of the Act. 

(11) Changed circumstances review. 

‘‘Changed circumstances review’’ means 

a review under section 751(b) of the Act. 

(12) Consumed in the production 

process. Inputs ‘‘consumed in the 

production process’’ are inputs 

physically incorporated, energy, fuels 

and oil used in the production process 

and catalysts which are consumed in 

the course of their use to obtain the 

product. 

(13) Cumulative indirect tax. 

‘‘Cumulative indirect tax’’ means a 

multi-staged tax levied where there is 

no mechanism for subsequent crediting 

of the tax if the goods or services subject 

to tax at one stage of production are 

used in a succeeding stage of 

production. 

(14) Customs Service. ‘‘Customs 

Service’’ means the United States 

Customs and Border Protection of the 

United States Department of Homeland 

Security. 

(15) Department. ‘‘Department’’

means the United States Department of 

Commerce. 

(16) Direct tax. ‘‘Direct tax’’ means a 

tax on wages, profits, interests, rents, 

royalties, and all other forms of income, 

a tax on the ownership of real property, 

or a social welfare charge. 

(17) Domestic interested party. 

‘‘Domestic interested party’’ means an 

interested party described in 

subparagraph (C), (D), (E), (F), or (G) of 

section 771(9) of the Act. 

(18) Expedited antidumping review. 

‘‘Expedited antidumping review’’ means 

a review under section 736(c) of the Act. 

(19) 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). 

(20) Export insurance. ‘‘Export 

insurance’’ includes, but is not limited 

to, insurance against increases in the 

cost of exported products, nonpayment 

by the customer, inflation, or exchange 

rate risks. 

(21) Factual information. ‘‘Factual 

information’’ means: 

(i) Initial and supplemental 

questionnaire responses; 

(ii) Data or statements of fact in 

support of allegations; 

(iii) Other data or statements of facts; 

and 

(iv) Documentary evidence. 

(22) Fair value. ‘‘Fair value’’ is a term 

used during an antidumping 

investigation, and is an estimate of 

normal value. 

(23) Firm. For purposes of subpart E 

(Identification and Measurement of 

Countervailable Subsidies), ‘‘firm’’ is 

used to refer to the recipient of an 

alleged countervailable subsidy, 

including any individual, company, 

partnership, corporation, joint venture, 

association, organization, or other 

entity. 

(24) 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). 

(25) Government-provided. 

‘‘Government-provided’’ is a shorthand 

expression for an act or practice that is 

alleged to be a countervailable subsidy. 

The use of the term ‘‘governmentprovided’’ is not intended to preclude 

the possibility that a government may 

provide a countervailable subsidy 

indirectly in a manner described in 

section 771(5)(B)(iii) of the Act (indirect 

financial contribution). 

(26) Import charge. ‘‘Import charge’’

means a tariff, duty, or other fiscal 

charge that is levied on imports, other 

than an indirect tax. 

(27) Importer. ‘‘Importer’’ means the 

person by whom, or for whose account, 

subject merchandise is imported. 

(28) Indirect tax. ‘‘Indirect tax’’ means 

a sales, excise, turnover, value added, 

franchise, stamp, transfer, inventory, or 

equipment tax, a border tax, or any 

other tax other than a direct tax or an 

import charge. 

(29) Interested party. For the purpose 

of submitting an application for APO 

access (Form ITA–367), ‘‘Interested 

Party’’ means: 

(i) A foreign manufacturer, producer, 

or exporter of subject merchandise, 

(ii) the United States importer of 

subject merchandise, 

(iii) a trade or business association a 

majority of the members of which are 

producers, exporters, or importers of 

subject merchandise, 

(iv) the government of a country in 

which subject merchandise is produced 

or manufactured or from which such 

merchandise is exported, 

(v) a manufacturer, producer, or 

wholesaler in the United States of a 

domestic like product, 

(vi) a certified union or recognized 

union or group of workers which is 

representative of an industry engaged in 

the manufacture, production, or 

wholesale in the United States of a 

domestic like product, 

(vii) a trade or business association a 

majority of whose members 

manufacture, produce, or wholesale a 

domestic like product in the United 

States, 

(viii) an association, a majority of 

whose members is composed of 

interested parties described in 

subparagraph (C), (D), or (E) of section 

771(9) of the Act with respect to a 

domestic like product, and 

(ix) a coalition or trade association as 

described in section 771(9)(G) of the 

Act. 

(30) Investigation. Under the Act and 

this Part, there is a distinction between 

an antidumping or countervailing duty 

investigation and a proceeding. An 

‘‘investigation’’ is that segment of a 

proceeding that begins on the date of 

publication of notice of initiation of 

investigation and ends on the date of 

publication of the earliest of: 

(i) Notice of termination of 

investigation, 

(ii) Notice of rescission of 

investigation, 

(iii) Notice of a negative 

determination that has the effect of 

terminating the proceeding, or 

(iv) An order. 

(31) Loan. ‘‘Loan’’ means a loan or 

other form of debt financing, such as a 

bond. 

(32) Long-term loan. ‘‘Long-term 

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repayment for which are greater than 

one year. 

(33) New shipper review. ‘‘New 

shipper review’’ means a review under 

section 751(a)(2) of the Act. 

(34) Order. An ‘‘order’’ is an order 

issued by the Secretary under section 

303, section 706, or section 736 of the 

Act or a finding under the Antidumping 

Act, 1921. 

(35) Ordinary course of trade. 

‘‘Ordinary course of trade’’ has the same 

meaning as in section 771(15) of the 

Act. The Secretary may consider sales or 

transactions to be outside the ordinary 

course of trade if the Secretary 

determines, based on an evaluation of 

all of the circumstances particular to the 

sales in question, that such sales or 

transactions have characteristics that are 

extraordinary for the market in question. 

Examples of sales that the Secretary 

might consider as being outside the 

ordinary course of trade are sales or 

transactions involving off-quality 

merchandise or merchandise produced 

according to unusual product 

specifications, merchandise sold at 

aberrational prices or with abnormally 

high profits, merchandise sold pursuant 

to unusual terms of sale, or merchandise 

sold to an affiliated party at a non-arm’s 

length price. 

(36) Party to the proceeding. ‘‘Party to 

the proceeding’’ means any interested 

party that actively participates, through 

written submissions of factual 

information or written argument, in a 

segment of a proceeding. Participation 

in a prior segment of a proceeding will 

not confer on any interested party 

‘‘party to the proceeding’’ status in a 

subsequent segment. 

(37) Person. ‘‘Person’’ includes any 

interested party as well as any other 

individual, enterprise, or entity, as 

appropriate. 

(38) Price adjustment. ‘‘Price 

adjustment’’ means any change in the 

price charged for subject merchandise or 

the foreign like product, such as 

discounts, rebates and post-sale price 

adjustments, that are reflected in the 

purchaser’s net outlay. 

(39) Prior-stage indirect tax. ‘‘Priorstage indirect tax’’ means an indirect tax 

levied on goods or services used directly 

or indirectly in making a product. 

(40) Proceeding. A ‘‘proceeding’’

begins on the date of the filing of a 

petition under section 702(b) or section 

732(b) of the Act or the publication of 

a notice of initiation in a self-initiated 

investigation under section 702(a) or 

section 732(a) of the Act, and ends on 

the date of publication of the earliest 

notice of: 

(i) Dismissal of petition, 

(ii) Rescission of initiation, 

(iii) Termination of investigation, 

(iv) A negative determination that has 

the effect of terminating the proceeding, 

(v) Revocation of an order, or 

(vi) Termination of a suspended 

investigation. 

(41) Rates. ‘‘Rates’’ means the 

individual weighted-average dumping 

margins, the individual countervailable 

subsidy rates, the country-wide subsidy 

rate, or the all-others rate, as applicable. 

(42) Respondent interested party. 

‘‘Respondent interested party’’ means an 

interested party described in 

subparagraph (A) or (B) of section 771(9) 

of the Act. 

(43) Sale. A ‘‘sale’’ includes a contract 

to sell and a lease that is equivalent to 

a sale. 

(44) Secretary. ‘‘Secretary’’ means the 

Secretary of Commerce or a designee. 

The Secretary has delegated to the 

Assistant Secretary for Import 

Administration the authority to make 

determinations under title VII of the Act 

and this Part. 

(45) Section 753 review. ‘‘Section 753 

review’’ means a review under section 

753 of the Act. 

(46) Section 762 review. ‘‘Section 762 

review’’ means a review under section 

762 of the Act. 

(47) Segment of proceeding. 

(i) In general. An antidumping or 

countervailing duty proceeding consists 

of one or more segments. ‘‘Segment of 

a proceeding’’ or ‘‘segment of the 

proceeding’’ refers to a portion of the 

proceeding that is reviewable under 

section 516A of the Act. 

(ii) Examples. An antidumping or 

countervailing duty investigation or a 

review of an order or suspended 

investigation, or a scope inquiry under 

§ 351.225, each would constitute a 

segment of a proceeding. 

(48) Short-term loan. ‘‘Short-term 

loan’’ means a loan, the terms of 

repayment for which are one year or 

less. 

(49) Sunset review. ‘‘Sunset review’’

means a review under section 751(c) of 

the Act. 

(50) Suspension of liquidation. 

‘‘Suspension of liquidation’’ refers to a 

suspension of liquidation ordered by the 

Secretary under the authority of title VII 

of the Act, the provisions of this Part, or 

section 516a(g)(5)(C) of the Act, or by a 

court of the United States in a lawsuit 

involving action taken, or not taken, by 

the Secretary under title VII of the Act 

or the provisions of this Part. 

(51) Third country. For purposes of 

subpart D, ‘‘third country’’ means a 

country other than the exporting 

country and the United States. Under 

section 773(a) of the Act and subpart D, 

in certain circumstances the Secretary 

may determine normal value on the 

basis of sales to a third country. 

(52) URAA. ‘‘URAA’’ means the 

Uruguay Round Agreements Act. 

3. Section 351.103 is revised as 

follows: 

§ 351.103 Central Records Unit and 

Administrative Protective Order and 

Dockets Unit. 

(a) Import Administration’s Central 

Records Unit maintains a Public File 

Room in Room B–099, U.S. Department 

of Commerce, Pennsylvania Avenue and 

14th Street, NW., Washington, DC 

20230. The office hours of the Public 

File Room are between 8:30 a.m. and 

5 p.m. on business days. Among other 

things, the Central Records Unit is 

responsible for maintaining an official 

and public record for each antidumping 

and countervailing duty proceeding (see 

§ 351.104), and the Subsidies Library 

(see section 775(2) and section 777(a)(1) 

of the Act). 

(b) Import Administration’s 

Administrative Protective Order and 

Dockets Unit (APO/Dockets Unit) is 

located in Room 1870, U.S. Department 

of Commerce, Pennsylvania Avenue and 

14th Street, NW., Washington, DC 

20230. The office hours of the 

APO/Dockets Unit are between 8:30 

a.m. and 5 p.m. on business days. 

Among other things, the APO/Dockets 

Unit is responsible for receiving 

submissions from interested parties, 

issuing administrative protective orders 

(APOs), maintaining the APO service 

list and the public service list as 

provided for in paragraph (d) of this 

section, releasing business proprietary 

information under APO, and conducting 

APO violation investigations. The APO/ 

Dockets Unit also is the contact point 

for questions and concerns regarding 

claims for business proprietary 

treatment of information and proper 

public versions of submissions under 

§ 351.105 and § 351.304. 

(c) Filing of documents with the 

Department. While persons are free to 

provide Department officials with 

courtesy copies of documents, no 

document will be considered as having 

been received by the Secretary unless it 

is submitted to the Import 

Administration’s APO/Dockets Unit in 

Room 1870 and is stamped with the 

date, and where necessary the time, of 

receipt. 

(d) Service list. The APO/Dockets Unit 

will maintain and make available a 

public service list for each segment of a 

proceeding. The service list for an 

application for a scope ruling is 

described in § 351.225(n). 

(1) To be included on the public 

service list for a particular segment, 


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each interested party must file a letter 

of appearance. The letter of appearance 

must identify the name of the interested 

party, how that party qualifies as an 

interested party, and the name of the 

firm, if any, representing the interested 

party in this segment of the proceeding. 

The letter of appearance must be filed 

separately from any other document 

filed with the Department. If the 

interested party is a coalition or 

association as defined in subparagraph 

(A), (E), (F) or (G) of section 771(9) of 

the Act, the letter of appearance must 

identify all of the members of the 

coalition or association. 

(2) Each interested party that asks to 

be included on the public service list for 

a segment of a proceeding must 

designate a person to receive service of 

documents filed in that segment. 

4. Amend § 351.204 by adding 

paragraph (d)(4) to read as follows: 

§ 351.204 Time periods and persons 

examined; voluntary respondents; 

exclusions. 

* * * * * 

(d) * * * 

(4) Requests for voluntary respondent 

treatment. An interested party seeking 

treatment as a voluntary respondent 

must so indicate by including as a title 

on the first page of the first submission, 

‘‘Request for Voluntary Respondent 

Treatment.’’

* * * * * 

5. Revise paragraph (b) of section 

351.303 as follows: 

§ 351.303 Filing, format, translation, 

service, and certification of documents. 

* * * * * 

(b) Where to file; time of filing. 

Persons must address and submit all 

documents to the Secretary of 

Commerce, Attention: Import 

Administration, APO/Dockets 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 

p.m. on business days (see § 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. 

* * * * * 

6. Section 351.305 is amended by 

revising paragraphs (a) introductory text 

and (b)(3) and by adding paragraphs 

(b)(4) and (d) to read as follows: 

§ 351.305 Access to business proprietary 

information. 

(a) The administrative protective 

order. The Secretary will place an 

administrative protective order on the 

record within two business days after 

the day on which a petition is filed or 

an investigation is self-initiated, within 

five business days after the day on 

which a request for a new shipper 

review is properly filed in accordance 

with § 351.214 and § 351.303 or an 

application for a scope ruling is 

properly filed in accordance with 

§ 351.225 and § 351.303, within five 

business days after the day on which a 

request for a changed circumstances 

review is properly filed in accordance 

with § 351.216 and § 351.303 or a 

changed circumstances review is selfinitiated, or five business days after 

initiating any other segment of a 

proceeding. The administrative 

protective order will require the 

authorized applicant to: 

* * * * * 

(b) * * * 

(3) With respect to proprietary 

information submitted to the Secretary 

on or before the date on which the 

Secretary grants access to a qualified 

applicant, except as provided in 

paragraph (b)(4) of this section, within 

two business days the submitting party 

shall serve the party which has been 

granted access, in accordance with 

paragraph (c) of this section. 

(4) To minimize the disruption caused 

by late applications, an application 

should be filed before the first 

questionnaire response has been 

submitted. Where justified, however, 

applications may be filed up to the date 

on which the case briefs are due, but 

any applicant filing after the first 

questionnaire response is submitted will 

be liable for costs associated with the 

additional production and service of 

business proprietary information 

already on the record. Parties have five 

business days to serve their business 

proprietary information already on the 

record to a party who has filed an 

application after the submission of the 

first questionnaire response and is 

authorized to receive such information 

after such information has been placed 

on the record. 

* * * * * 

(d) Additional filing requirements for 

importers. If an applicant represents a 

party claiming to be an interested party 

by virtue of being an importer, then the 

applicant shall submit, along with the 

Form ITA–367, documentary evidence 

demonstrating that the party imports 

merchandise either subject to the 

antidumping or countervailing duty 

order, or subject to a scope inquiry. 

Note: The following form will not appear 

in the Code of Federal Regulations. 

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[FR Doc. 06–9969 Filed 1–5–07; 8:45 am] 

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