18 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

provisions in paragraphs (d) and (e) of

§ 206.17 relating to Commission

responses to a breach of an

administrative protective order and

breach procedure shall apply with

respect to orders issued under this

paragraph.

(f) Time for reporting. The

Commission will make its report to the

President at the earliest practical time,

but not later than 60 days before the

action under section 203 of the Trade

Act is to terminate, unless the President

specifies a different date.

(g) Public report. Upon making a

report to the President of the results of

an investigation to which this § 206.54

relates, the Commission will make such

report public (with the exception of

information which the Commission

determines to be confidential) and cause

a summary thereof to be published in

the Federal Register.

§ 206.55 Investigations to evaluate the

effectiveness of relief.

(a) Investigation. After any action

taken under section 203 has terminated,

the Commission will conduct an

investigation for the purpose of

evaluating the effectiveness of the relief

action in facilitating positive adjustment

by the domestic industry to import

competition, consistent with the reasons

set out by the President in the report

submitted to the Congress under section

203(b) of the Trade Act.

(b) Hearing. In the course of such

investigation, the Commission will hold

a hearing at which interested persons

will be given an opportunity to be

present, to produce evidence, and to be

heard.

(c) Time for reporting. The

Commission will submit its report to the

President and to the Congress by no

later than the 180th day after the day on

which the action terminated.

By order of the Commission.

Issued: December 23, 1994.

Donna R. Koehnke,

Secretary.

[FR Doc. 94–32126 Filed 12–30–94; 8:45 am]

BILLING CODE 7020–02–P

19 CFR Part 207

Notice of Interim Amendment to Rules

of Practice and Procedure

AGENCY: United States International

Trade Commission.

ACTION: Interim rules with request for

comment.

SUMMARY: The Commission is amending

its Rules of Practice and Procedure on

an interim basis to conform with the

Uruguay Round Agreements Act,

(URAA). These rules govern

investigations of whether domestic

industries are injured by reason of

imports sold at less than fair value or

from subsidized imports to the United

States.

The amendments provide, in

particular, for new rules concerning

comments on information obtained in

investigations and for investigations

concerning certain countervailing duty

orders entered under section 303 of the

Tariff Act of 1930 (the Act).

Additionally, several rules are amended

to conform their language with the

provisions to the Act added or amended

by the URAA.

DATES: The interim amendments

become effective on January 1, 1995, the

date on which the World Trade

Organization (WTO) Agreement enters

into force with respect to the United

States, unless the United States Trade

Representative (USTR) announces prior

to that date that the WTO Agreement

will not enter into force on that date.

Should the effective date be other than

January 1, 1995, the Commission will

publish notice to such effect in the

Federal Register.

To be assured of consideration,

written comments must be received not

later than April 3, 1995.

ADDRESSES: A signed original and 14

copies of each set of comments, along

with a cover letter, should be submitted

to the Secretary, U.S. International

Trade Commission, 500 E Street SW,

Washington, D.C. 20436.

FOR FURTHER INFORMATION CONTACT:

Marc A. Bernstein, Office of General

Counsel, U.S. International Trade

Commission, telephone 202–205–3087.

Hearing-impaired individuals are

advised that information on this matter

can be obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

SUPPLEMENTARY INFORMATION: The

URAA was enacted on December 8,

1994. This legislation contains

provisions which, inter alia, amend

Title VII of the Act (19 U.S.C. 1671 et

seq.), concerning antidumping and

countervailing duty investigations and

review. The Commission’s rules

concerning Title VII practice and

procedure need to be amended to

conform to the new legislation.

Section 335 of the Act (19 U.S.C.

1335) authorizes the Commission to

adopt such reasonable procedures and

rules and regulations as it deems

necessary to carry out its functions and

duties. Additionally, section 103(a) of

the URAA specifies that appropriate

officers of the United States Government

may issue such regulations as may be

necessary to ensure that any provision

of that act, or amendment made by the

act, is appropriately implemented on

the effective date of that act, and section

103(b) of the URAA directs that any

interim regulations necessary or

appropriate to carry out any action

proposed in the Statement of

Administrative Action approved under

section 101(a) of the URAA to

implement an agreement described in

section 101(d)(7), (12), or (13) of the

URAA be issued not later than 1 year

after the date on which the agreement

enters into force with respect to the

United States.

Commission rules to implement new

legislation ordinarily are promulgated in

accordance with the rulemaking

provisions of section 553 of the

Administrative Procedure Act (APA) (5

U.S.C. 551 et seq.), which entails the

following steps: (1) publication of a

notice of proposed rulemaking; (2)

solicitation of public comments on the

proposed rules; (3) Commission review

of such comments prior to developing

final rules; and (4) publication of the

final rules thirty days prior to their

effective date. See 5 U.S.C. 553. That

procedure could not be utilized in this

instance because the new legislation

was enacted on December 8, 1994, and

will become effective when the WTO

enters into force with respect to the

United States, which will be January 1,

1995, unless USTR announces

otherwise prior to that date.

Consequently, it was not possible to

complete the section 553 rulemaking

procedure prior to the effective date of

the new legislation.

The Commission thus determined to

adopt interim rules that will go into

effect when the provisions of the URAA

amending Title VII become effective and

will remain in effect until the

Commission adopts final rules

promulgated in accordance with the

usual notice, comment, and advance

publication procedure.

The Commission’s authority to adopt

interim rules without following all steps

listed in section 553 of the APA is

derived from three sources: (1) section

335 of the Act (19 U.S.C. 1335), the

pertinent portion of which was

discussed above; (2) section 103 of the

URAA and the Statement of

Administrative Action approved by the

URAA, the pertinent portions of which

were also discussed above; and (3)

provisions of section 553 of the APA

which allow an agency to dispense with

various steps in the prescribed

rulemaking procedure under certain

circumstances.
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 19

1See American Federation of Government

Employees, AFL-CIO v. Block, 655 F.2d 1153, 1157–

1158 (D.C. Cir. 1981) (‘‘AFGE’’). See also United

States v. Garner, 767 F.2d 104, 120 (5th Cir. 1985)

(quoting AFGE).

The Commission determined that the

need for interim rules is clear in this

instance. The Commission noted that

the new legislation alters Title VII

practice and procedure and that the

existing Commission rules do not

encompass certain procedures required

by the new legislation. The Commission

found that rulemaking was essential for

the orderly administration of Title VII as

amended by the new legislation.

Furthermore, since the legislation is to

become effective very shortly after

enactment, the Commission concluded

that it would be imperative that

implementing rules be in place on the

effective date of the new statute.

The Commission noted that an agency

may dispense with publication of a

notice of proposed rulemaking when the

following circumstances exist: (1) the

proposed rules are interpretive rules,

general statements of policy, or rules of

agency organization, procedure or

practice; or (2) the agency for good

cause finds that notice and public

procedure thereon are impracticable,

unnecessary, or contrary to the public

interest, and that finding (and the

reasons therefor) are incorporated into

the rules adopted by the agency. 5

U.S.C. § 553(b). An agency may also

dispense with the publication of a

notice of final rules thirty days prior to

their effective date if (1) the rules are

interpretive rules or statements of policy

or (2) the agency finds that ‘‘good

cause’’ exists for not meeting the

advance publication requirement and

that finding is published along with the

rule. 5 U.S.C. 553(d)(3).

In this instance, the Commission

determined that the requisite

circumstances existed for dispensing

with the notice, comment, and advance

publication procedure that ordinarily

precedes the adoption of Commission

rules. For purposes of invoking the

section 553(b) exemption from

publishing a notice of proposed

rulemaking which solicits public

comment, the Commission found that

(1) the interim rules are ‘‘agency rules

of procedure or practice’’; and (2) since

the new legislation is projected to

become effective very shortly after

enactment, and the time or fact of

enactment could not be predicted in

advance, it clearly would be

‘‘impracticable’’ for the Commission to

comply with the usual notice, comment,

and advance publication procedure. For

the purpose of invoking the section

553(d)(3) exemption from publishing

advance notice of the interim rules

thirty days prior to their effective date,

the Commission found that the fact that

the new legislation is expected to

become effective very shortly after

enactment made such advance

publication impossible and constituted

‘‘good cause’’ for the Commission not to

comply with that requirement.

The Commission recognizes that

interim regulations should not respond

to anything more than the exigencies

created by the new legislation and

expects that the more comprehensive

final rules to follow will emerge as a

result of the Congressionally-mandated

policy of affording public participation

in the rulemaking process.1 Having been

promulgated in response to exigencies

created by the new legislation, each

interim rule accordingly comes under

one or more of the following categories:

(1) revision of a pre-existing rule that

conflicted with the new legislation;

(2) a technical amendment to make a

pre-existing rule conform to the

language of the new legislation;

(3) rewording of a pre-existing rule to

avoid confusion about how the rule is

to be applied in light of the new

legislation; or

(4) a new rule covering a matter

provided for in the new legislation but

not covered by a pre-existing rule. More

comprehensive final rules will be issued

at a later date in accordance with the

usual notice, public comment, and

advance publication procedure.

Because the interim regulations

merely respond to exigencies created by

the new legislation, the Commission has

further determined that they do not

meet the criteria described in section

3(f) of Executive Order 12866 (58 FR

51735, Oct. 4, 1993) (EO) and thus do

not constitute a significant regulatory

action for purposes of the EO. In

accordance with the Regulatory

Flexibility Act (5 U.S.C. § 601 note), the

Commission hereby certifies pursuant to

5 U.S.C. § 605(b) that the rules set forth

in this notice are not likely to have a

significant impact on a substantial

number of small business entities. In

any event, the Regulatory Flexibility Act

is inapplicable to this rulemaking

because it is not one in which a notice

of proposed rulemaking is required

under 5 U.S.C. § 553(b).

Explanation of the Interim

Amendments to 19 CFR Part 207

The amendments set forth below are

intended to reflect changes in the law

effected by the URAA.

Section 207.1 is amended to state that

the Part 207 regulations are not

applicable to investigations conducted

pursuant to section 783 of the Act,

which concerns antidumping petitions

filed by third countries. Section 783 was

added to the Act by section 232 of the

URAA. Section 783(c) states that

Commission determinations in

investigations arising from antidumping

petitions by third countries shall be

made according to procedural

requirements specified by the Office of

the United States Trade Representative

(USTR). Because the Commission is not

the agency that has been accorded

statutory authority to specify procedures

with respect to section 783

investigations, section 207.1 must be

amended to exclude section 783

investigations from its scope.

Additionally, the U.S. Code citations in

section 207.1 have been amended to

reflect the new U.S. Code provisions

added to Title VII of the Act by the

URAA.

Section 207.2(e) is amended to change

the reference to ‘‘a class or kind of

merchandise’’ to ‘‘subject merchandise.’’

This reflects a change in statutory

terminology pursuant to, inter alia,

section 233(5) of the URAA.

Section 207.8 is amended to conform

its terminology to changes made in the

Act pursuant to section 231 of the

URAA. The reference under clause (a) to

‘‘best information otherwise available’’

has been changed to ‘‘the facts

otherwise available,’’ consistent with

new section 776(a) of the Act. The

language under clause (c) referencing

adverse inferences has been amended to

conform to that used in new section

776(b) of the Act.

Sections 207.10(a), 207.10(c)(2), and

207.11 are amended, and former section

207.10(d) is repealed, to eliminate

references to petitions filed under

section 303. Section 261 of the URAA

repeals section 303 on its effective date,

so no new section 303 petitions will be

filed after the effective date of these

regulations. Other references to section

303 have been retained in the

regulations, inasmuch as section

261(b)(2) of the URAA states that the

repeal does not affect pending

proceedings under section 303, and the

Commission may have section 303

investigations pending as of the

effective date of these regulations.

A new section 207.29 is added

concerning comments on information.

This new section implements the

provisions of section 782(g) of the Act,

as amended by section 231(a) of the

URAA. These new provisions require

the Commission, before making a final

determination in countervailing or

antidumping duty investigations or

review proceedings, to cease collecting

information and provide parties to the

proceeding with a final opportunity to
20 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

comment upon all information on

which they previously had not had an

opportunity to comment.

For purposes of these interim

regulations, the Commission has

proposed to implement section 782(g)

by adopting relatively minor changes to

the procedures it currently follows in

final antidumping and countervailing

duty investigations. The Commission is

interested in receiving comments,

however, concerning whether more

extensive changes to its antidumping

and countervailing investigation

procedures are necessary or desirable to

implement section 782(g). More

extensive changes could entail one or

several of the following: instituting final

investigations at an earlier time;

releasing the final confidential staff

report prior to the parties’ final

opportunity to comment under section

782(g); implementing a multiple-stage

comment procedure to permit the

Commission and Commission staff to

submit final questions to the parties

and/or to allow the parties to submit

rebuttal comments. The Commission is

additionally interested in receiving

comment concerning the scheduling of

procedures it is adopting to implement

section 782(g), i.e., concerning how long

before the public vote the final

disclosure of information should take

place, and the amount of time after

disclosure parties should be provided to

file their comments. This could include

submission of suggested model work

schedules, particularly if the proposed

dates for issuing questionnaires or

scheduling a hearing need to be changed

(e.g., if questionnaires are issued before

Commerce’s preliminary determination)

as a result.

Section 207.29(a) concerns the

Commission’s first obligation under new

section 782(g): to disclose information

to parties to an investigation or review.

Consequently, section 207.29(a) requires

the Commission to specify in a final

antidumping or countervailing duty

investigation a date on which it will

disclose to the parties to the

investigation all information on which

they have not previously had an

opportunity to comment. This includes

business proprietary information, which

will be released pursuant to

administrative protective order. It is

anticipated that the disclosure date will

be specified as soon as practicable after

institution of the final investigation.

Additionally, to ensure that all

transcript corrections are received by

the Commission prior to the disclosure

date, section 207.23(c)(2) is amended to

state that all proposed revisions to the

hearing transcript be submitted to the

Secretary at least one day prior to the

information disclosure date.

Section 207.29(b) concerns the

Commission’s second obligation under

new section 782(g): to provide the

parties an opportunity to comment on

the information disclosed. This section

indicates that the Commission will

specify a date on which the parties will

have an opportunity to file comments

on information disclosed to them

pursuant to subsection (a). The

comments can only concern the

information disclosed pursuant to

subsection (a) and shall not exceed 10

pages of textual material, double spaced

and single-sided, on stationery

measuring 81⁄2 x 11 inches. To

implement the requirement of section

782(g) that the Commission disregard

comments containing any new factual

information, the regulation requires that

comments addressing the accuracy,

reliability, or probative value of

information disclosed by reference to

information elsewhere in the record

shall identify where in the record such

information is found. Section 207.29(b)

also states that the record shall close on

the date the comments are due, except

as provided in section 771(7)(G)(iii)

with respect to staggered investigations.

Pursuant to section 207.29(c), the

provisions of section 207.29 will be

applicable to final countervailing duty

and antidumping investigations under

sections 705 and 735 to which the

amendments made to Title VII of the

Act by the URAA are applicable.

Additionally, by virtue of section

207.45(d) and new section 207.46(d),

the provisions of section 207.29 are also

pertinent to changed circumstances

investigations under section 751(b) and

reviews of certain outstanding section

303 orders under new section 753.

In furtherance of new section 207.29,

the Commission may adopt a practice of

releasing staff reports on or before the

disclosure date established pursuant to

that section in the event that one or

more parties to an investigation or

review do not have access to business

proprietary information subject to

administrative protective order. Section

207.21(b) is therefore amended to delete

the clause stating that the public version

of the Commission’s final staff report

will be released ‘‘after the Commission’s

final determination.’’ The Commission

does not take the position, however, that

such a practice is required by section

207.29. Nor does the Commission

anticipate that it will necessarily release

public copies of staff reports on or

before the disclosure date as a general

matter.

There are two technical amendments

to section 207.40. First, section

207.40(a) is amended by addition of the

language ‘‘upon withdrawal of the

petition by the petitioner’’ so it will

conform more closely with sections

704(a)(3) and 734(a)(3), whose

requirements it implements. This

change is also needed because the

URAA has amended the Act to specify

that a Commission preliminary

determination of negligible imports

pursuant to new section 771(24) will

have the effect of terminating an

investigation. Second, section 207.40(b)

is amended to reflect that the

Department of Commerce may suspend

antidumping investigations pursuant to

section 734(l), as well as sections 734 (b)

and (c).

A new section 207.46 is added to

establish procedures for investigations

under section 753 of the Act. Section

753, which was added to the Act by

section 271 of the URAA, concerns

countervailing duty orders that were

issued under former section 303 of the

Act without an injury determination

being made by the Commission.

Section 207.46(a) contains definitions

for terms used in that section. The first

term, ‘‘requesting party,’’ merely

references the type of parties eligible

under section 753(a)(1) to request an

investigation pursuant to that section.

The second term, ‘‘order,’’ is taken

directly from section 753(a)(2). The

third term, ‘‘WTO agreement,’’ is taken

directly from section 2(9) of the URAA.

Section 207.46(b) establishes

requirements for requests for reviews

under section 753. Such requests must

be made by a ‘‘requesting party’’—that

is, a party eligible to file a request under

section 753(a)(1), and must be made

within the time period established

under section 753(a)(3). Paragraphs (1)

through (4) specify additional material

that should be included within the

request to enable the Commission to

facilitate and organize its investigation

under section 753 and to formulate

questionnaires. These encompass:

(1) A description of the relevant

domestic like product and domestic

industry on which the requesting party

believes the Commission should focus

in conducting its section 753

investigation, and identification of the

individual members of that domestic

industry.

(2) Information concerning the names

and addresses of all known enterprises

believed to be manufacturing,

producing, exporting, or importing the

subject merchandise.

(3) Information reasonably available

to the requesting party documenting

how that domestic industry is likely to

be materially injured by reason of

subject imports if the section 303 order
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 21

at issue is revoked. The provision

specifies certain types of information

concerning both the domestic industry

and entities that produce or export the

subject imports that should be included

within the request, to the extent

possible, to facilitate the Commission’s

determination.

(4) Information concerning any scope

and anticircumvention rulings issued by

the Department of Commerce with

respect to the section 303 order at issue.

When the Commission receives a

timely request for a section 753

investigation satisfying these

requirements, section 207.46(c)(1)

provides that it will publish a notice of

initiation of the investigation in the

Federal Register. Such notice is

required by section 753(d). Section

207.46(c)(2) implements the policy of

section 753(b)(1)(B) that the

Commission should issue

determinations in section 753

investigations within one year of

initiation to the extent possible. The

statute, however, provides an exception

to the one-year policy in section

753(b)(1)(C) for investigations initiated

within one year after the date on which

the WTO Agreement enters into force

with respect to the United States. This

exception is reflected at section

207.46(c)(3) of the new regulations,

which pursuant to the statute, states that

all investigations must be completed

within four years of the date the WTO

Agreement enters into force and that the

Commission shall confer with the

Department of Commerce in

determining whether to extend a

completion date. Section 207.46(c)(3)

also provides a description of grounds

that may justify the Commission

extending a completion date; the

grounds specified are not intended to be

exclusive.

Section 207.46(d) specifies that the

procedures set forth pertaining to final

antidumping and countervailing duty

investigations shall also be applicable to

section 753 investigations. This is

consistent with section 753(b)(1)(A) of

the Act.

Section 207.46(e) reflects the

requirements of section 753(b)(4) with

respect to section 303 orders for which

no request for review is filed. Similarly,

section 207.46(f) reflects the

requirements of section 753(c) for

section 303 investigations without an

injury test that are pending or have been

suspended when a country has become

a signatory to the WTO’s Agreement on

Subsidies and Countervailing Measures.

Section 207.46(g) concerns review

requests made under section 753(e).

That section permits a requesting party

to file, simultaneously with its request

for review under section 753, a request

for an expedited ‘‘sunset’’ review under

section 751(c) of countervailing or

antidumping duty orders involving the

same or comparable subject

merchandise. Sections 753(e)(1)(A) and

753(e)(3) indicate that if the Department

of Commerce, after consultation with

the Commission, should determine to

initiate a review pursuant to the request,

the Commission shall conduct a

consolidated review pursuant to the

procedures applicable to section 751(c)

reviews.

The Commission has determined not

to issue detailed regulations for section

751(c) investigations as part of these

interim rules. Instead, the Commission

anticipates that it will promulgate such

regulations pursuant to notice-andcomment rulemaking procedures

promptly after the URAA’s amendments

to the Act become effective.

Nevertheless, section 207.46(g) contains

a brief specification of how any section

751(c) reviews initiated by Department

of Commerce pursuant to requests made

under section 753(e) will be conducted.

Section 207.46(g)(1) authorizes requests

for expedited review, and states that the

request for review under section 751(c)

should set forth evidence to establish

why revocation of the order to be

reviewed under section 751(c) would be

likely to lead to continuation or

recurrence of material injury. Again, the

Commission intends to promulgate

more detailed regulations concerning

the content of requests for review under

section 751(c) as part of subsequent

notice-and-comment rulemaking.

Section 207.46(g)(2) states that if the

Department of Commerce should

determine to initiate a section 751(c)

review, the Commission shall conduct a

consolidated review under sections

751(c) and 753 under the procedures set

forth in Subparts A and C of Part 207.

This implements the requirements of

section 753(e)(3) pending the

promulgation of more detailed

procedural rules pertaining to section

751(c) investigations. Section

207.46(g)(3) states that if Commerce

should determine not to initiate a

section 751(c) review, the Commission

will proceed with the section 753

review request pursuant to the

procedures stated elsewhere in section

207.46.

List of Subjects in 19 CFR Part 207

Administrative practice and

procedure, Antidumping,

Countervailing duties, Investigations.

PART 207—[AMENDED]

Part 207 is amended as set forth

below:

1. The authority citation for Part 207

is revised to read as follows:

Authority: 19 U.S.C. 1303, 1336, 1671–

1677n, 2482; sec. 103, Pub. L. 103–465, 108

Stat. 4809.

1a. Section 207.1 is revised to read as

follows:

§ 207.1 Applicability of part.

Part 207 applies to proceedings of the

Commission under section 303, section

516A and title VII of the Tariff Act of

1930 (19 U.S.C. 1303, 1516A and 1671–

1677n) (the Act), other than

investigations under section 783 (19

U.S.C. 1677n), which will be conducted

pursuant to procedures specified by the

Office of the United States Trade

Representative.

2. Paragraph (e) of section 207.2 is

revised to read as follows:

§ 207.2 Definitions applicable to part 207.

* * * * *

(e) The term injury means: Material

injury or threat of material injury to an

industry in the United States, or

material retardation of the establishment

of an industry in the United States, by

reason of imports into the United States

of subject merchandise which is found

by the administering authority to be

subsidized, or sold, or likely to be sold,

at less than its fair value.

* * * * *

3. Section 207.8 is revised to read as

follows:

§ 207.8 Questionnaires to have the force of

subpoenas; subpoena enforcement.

Any questionnaire issued by the

Commission in connection with any

investigation under section 303 or title

VII of the Act, may be issued as a

subpoena and subscribed by a

Commissioner, after which it shall have

the force and effect of a subpoena

authorized by the Commission.

Whenever any party or any other person

fails to respond adequately to such a

subpoena or whenever a party or any

other person refuses or is unable to

produce information requested in a

timely manner and in the form required,

or otherwise significantly impedes an

investigation, the Commission may:

(a) Use the facts otherwise available in

making its determination;

(b) Seek judicial enforcement of the

subpoena pursuant to 19 U.S.C. 1333;

(c) Make inferences adverse to such

person’s position, if such person is an

interested party that has failed to

cooperate by not acting to the best of its

ability to comply with a request for

information; and
22 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

(d) Take such other actions as

necessary to obtain needed information.

4. Paragraphs (a) and (c)(2) of Section

207.10 are revised to read as follows:

§ 207.10 Filing of petition with the

Commission.

(a) Filing of the petition. Any

interested party who files a petition

with the administering authority

pursuant to section 702(b) or 732(b) of

the Act shall file copies of the petition,

pursuant to section 201.8 of this

chapter, with the Secretary on the same

day the petition is filed with the

administering authority. If the petition

complies with the provisions of section

207.11, it shall be deemed to be

properly filed on the date on which the

requisite number of copies of the

petition is received by the Secretary.

The Secretary shall notify the

administering authority of that date.

Notwithstanding section 201.11 of this

chapter, a petitioner need not file an

entry of appearance in the preliminary

investigation instituted upon the filing

of its petition, which shall be deemed

an entry of appearance, although the

petitioner must file an entry of

appearance in any final investigation

corresponding to that preliminary

investigation.

* * * * *

(c) * * *

(2) When not made in the petition,

any allegations of critical circumstances

under section 703 or 733 of the Act shall

be made in an amendment to the

petition and shall be filed as early as

possible. Critical circumstances

allegations, whether made in the

petition or in an amendment thereto,

shall contain information reasonably

available to petitioner concerning the

factors enumerated in sections

705(b)(4)(A) and 735(b)(4)(A) of the Act.

§ 207.10 [Amended]

5. Paragraph (d) of section 207.10 is

removed.

6. Section 207.11 is revised to read as

follows:

§ 207.11 Contents of petition.

The petition shall be signed by the

petitioner or his duly authorized officer,

attorney, or agent, and shall set forth the

name, address, and telephone number of

the petitioner and any such officer,

attorney, or agent, and the names of all

representatives of petitioner who will

appear in the investigation. The petition

shall allege the elements necessary for

the imposition of a duty under section

701(a) or 731(a) of the Act and contain

information reasonably available to the

petitioner supporting the allegations.

Petitioners are advised to refer to the

administering authority’s regulations

concerning the contents of petitions.

7. Paragraph (b) of section 207.21 is

revised to read as follows:

§ 207.21 Prehearing and final staff reports.

* * * * *

(b) Final staff report. After the

hearing, the Director shall revise the

prehearing staff report and submit to the

Commission, prior to the Commission’s

final determination, a final version of

the staff report. The final staff report is

intended to supplement and correct the

information contained in the prehearing

staff report. A public version of the final

staff report shall be made available to

the public and a business proprietary

version shall also be made available to

persons authorized to receive business

proprietary information under section

207.7.

8. Paragraph (c)(2) of section 207.23 is

revised to read as follows:

§ 207.23 Hearing.

* * * * *

(c) * * *

(2) Revision of transcripts. Within ten

(10) days of the completion of a hearing,

but in any event at least one (1) day

prior to the date for disclosure of

information set pursuant to section

207.29(a), any person who testified at

the hearing may submit proposed

revisions to the transcript of his

testimony to the Secretary. No

substantive revisions shall be permitted.

If in the judgment of the Secretary a

proposed revision does not alter the

substance of the testimony in question,

he shall incorporate the revision into a

revised transcript.

9. A new section 207.29 is added to

read as follows:

§ 207.29 Comment on information.

(a) In any final investigation under

section 705 or 735 of the Act, the

Commission shall specify a date on

which it will disclose to all parties to

the investigation all information it has

obtained on which the parties have not

previously had an opportunity to

comment. Any such information that is

business proprietary information will be

released to persons authorized to obtain

such information pursuant to section

207.7. The date on which disclosure is

made will occur after the filing of

posthearing briefs pursuant to section

207.24.

(b) The parties shall have an

opportunity to file comments on any

information disclosed to them after they

have filed their posthearing brief

pursuant to section 207.24. Comments

shall only concern such information,

and shall not exceed 10 pages of textual

material, double spaced and singlesided, on stationery measuring 8 1⁄2 x 11

inches. A comment may address the

accuracy, reliability, or probative value

of such information by reference to

information elsewhere in the record, in

which case the comment shall identify

where in the record such information is

found. Comments containing new

factual information or comments on

information disclosed prior to the filing

of the posthearing brief shall be

disregarded. The date on which such

comments must be filed will be

specified by the Commission when it

specifies the time information will be

disclosed pursuant to paragraph (a) of

this section. The record shall close on

the date such comments are due, except

with respect to investigations subject to

the provisions of section 771(7)(G)(iii) of

the Act.

(c) This section shall be applicable

only to proceedings that have been selfinitiated by the administering authority

after, or initiated pursuant to petitions

or requests filed after, the date on which

the Agreement Establishing the World

Trade Organization enters into force

with respect to the United States.

10. Paragraphs (a) and (b) of section

207.40 are revised to read as follows:

§ 207.40 Termination and suspension of

investigation.

(a) An investigation under title VII

may be terminated by the Commission

by giving notice in the Federal Register

to all parties to the investigation, upon

withdrawal of the petition by the

petitioner, or upon issuance of a final

negative determination or termination of

its investigation by the administering

authority under section 303, 705 or 735

of the Act. The Commission may not

terminate an investigation upon

withdrawal of the petition by the

petitioner, however, before a

determination is made by the

administering authority under section

702(c), 703(b), 732(c) or 733(b) of the

Act.

(b) Upon receipt of notice of

suspension of an investigation by the

administering authority under section

704 (b) or (c) or 734(b), (c), or (1), of the

Act, the Secretary shall issue a notice of

suspension of the Commission

investigation. Such suspension shall not

prevent the Director from conducting

such other investigative activities as he

deems appropriate with respect to the

subject matter of the suspended

investigation.

* * * * *

11. A new section 207.46 is added to

read as follows:
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 23

§ 207.46 Investigations concerning certain

countervailing duty orders.

(a) Definitions. For purposes of this

section:

(1) Requesting party means an

interested party described in section

771(9) (C), (D), (E), (F), or (G) of the Act.

(2) Order means a countervailing duty

order issued under section 303 of the

Act as to which the requirement of an

affirmative determination of material

injury under section 303(a)(2) of the Act

was not applicable at the time such

order was issued.

(3) WTO Agreement means the

Agreement Establishing the World

Trade Organization entered into on

April 15, 1994.

(b) Request for review. A requesting

party may file with the Commission a

request for an investigation under

section 753 of the Act within the time

period established by section 753(a)(3)

of the Act. The request should contain

the following information:

(1) A description and identification of

the relevant domestic like product, the

industry in the United States producing

that product that is likely to be

materially injured by reason of imports

of the subject merchandise if the Order

is revoked, and each individual member

of that industry.

(2) Information reasonably available

to the requesting party concerning the

names and addresses of all known

enterprises believed to be

manufacturing, producing, exporting, or

importing the subject merchandise;

(3) Information reasonably available

to the requesting party documenting

that the industry described in paragraph

(b)(1) of this section is likely to be

materially injured by reason of subject

imports if the Order is revoked,

including:

(i) Information concerning the

capacity, production, sales, market

share, inventories, employment, wages,

productivity, profits, ability to raise

capital, and development and

production efforts of the industry

described in paragraph (b)(1) of this

section.

(ii) Information concerning current

and projected production capacity in

the exporting country of the subject

merchandise, inventories of the subject

merchandise, and the existence of

barriers to the importation of such

merchandise into countries other than

the United States.

(4) Information concerning any scope

and anticircumvention rulings issued by

the administering authority with respect

to the Order.

(c) Initiation of Investigation. (1)

Upon the receipt of a timely filed

request for a section 753 investigation

satisfying the requirements of paragraph

(b) of this section, the Secretary shall

publish a notice of initiation of such

investigation in the Federal Register.

(2) Subject to paragraph (c)(3) of this

section, a section 753 investigation shall

be completed within one year of the

date of publication of the notice of

initiation of such investigation in the

Federal Register.

(3) The Commission may take more

than one year to complete section 753

investigations for which requests for

investigations are received within one

year after the date on which the WTO

Agreement enters into force with respect

to the United States. All such

investigations must be completed

within four years of that date, however.

In determining whether to extend the

completion date for a section 753

investigation, the Commission shall

consult with the administering

authority. Grounds for extending

completion include, but are not limited

to, the desire to conduct investigations

involving the same or similar domestic

industries and domestic like products

on a simultaneous basis, and the desire

to efficiently manage the Commission’s

caseload.

(d) Conduct of Investigations. The

procedures set forth in subparts A and

C of this part shall apply to all

investigations initiated under this

section.

(e) When No Request for Review Is

Filed. When there has been no properly

filed and sufficient request for a section

753 investigation of an Order, the

Commission shall notify the

administering authority that a negative

determination has been made under

section 753(a) of the Act with respect to

that Order.

(f) Pending and Suspended Section

303 Investigations. If, on the data on

which a country becomes a signatory to

the Agreement on Subsidies and

Countervailing Measures referred to in

section 101(d)(12) of the Uruguay

Round Agreements Act, there is a

section 303 countervailing duty

investigation in progress or suspended

with respect to that country’s

merchandise for which the requirement

of a material injury determination under

section 303(a)(2) of the Act was not

applicable at the time the investigation

was initiated, the Commission shall

commence an investigation pursuant to

the provisions of section 753(c) of the

Act with respect to pending

investigations and suspended

investigations to which section

704(i)(1)(B) of the Act applies.

(g) Request for Simultaneous

Expedited Section 751(c) Review. (1) A

requesting party who requests a section

753 review may at the same time request

from the Commission and the

administering authority an expedited

review under section 751(c) of the Act

of a countervailing or antidumping duty

order involving the same or comparable

subject merchandise. The request for

review under section 751(c) of the Act

should set forth evidence to establish

why revocation of the order to be

reviewed under section 751(c) of the Act

would be likely to lead to continuation

or recurrence of material injury and

should additionally contain any

information required by the regulations

of the administering authority.

(2) Should the administering

authority, after consulting with the

Commission, determine to initiate a

section 751(c) review, the Commission

shall conduct a consolidated review

under sections 751(c) and 753 of the Act

of the orders involving the same or

comparable subject merchandise. The

procedures set forth in subparts A and

C of this part shall apply to any such

consolidated review.

(3) Should the administering

authority, after consulting with the

Commission, determine not to initiate a

section 751(c) review, the Commission

will consider the request for a section

753 review pursuant to the procedures

established in this section.

By order of the Commission:

Issued: December 24, 1994.

Donna R. Koehnke,

Secretary.

[FR Doc. 94–32127 Filed 12–30–94; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8588]

RIN 1545–AS70

Subchapter K Anti-Abuse Rule

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulation.

SUMMARY: This document contains a

final regulation providing an anti-abuse

rule under subchapter K of the Internal

Revenue Code of 1986 (Code). The rule

authorizes the Commissioner of Internal

Revenue, in certain circumstances, to

recast a transaction involving the use of

a partnership. The final regulation

affects partnerships and the partners of

those partnerships and is necessary to

provide guidance needed to comply

with the applicable tax law.