25130 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

Amarillo, TX, Amarillo Intl, VOR RWY 22,

Amdt 25

[FR Doc. 95–11672 Filed 5–10–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Parts 353 and 355

[Docket No. 950306068–5068–01]

RIN 0625–AA45

Antidumping and Countervailing

Duties

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Interim regulations; request for

comments.

SUMMARY: The International Trade

Administration (ITA) hereby amends its

regulations on antidumping and

countervailing duty proceedings on an

interim basis in order to implement

certain provisions of the Uruguay

Round Agreements Act (‘‘URAA’’).

The interim rules amend and

supplement the existing antidumping

and countervailing duty regulations in

accordance with certain amendments to

the antidumping and countervailing

duty laws made by the URAA.

DATES: Interim regulations effective May

11, 1995. See Supplementary

Information section for discussion on

comments.

ADDRESSES: Address written comments

to Susan G. Esserman, Assistant

Secretary for Import Administration,

Central Records Unit, Room B–099, U.S.

Department of Commerce, Pennsylvania

Avenue and 14th Street, NW.,

Washington, DC 20230. Comments

should be addressed: Attention: Interim

Regulations/Uruguay Round

Agreements Act.

FOR FURTHER INFORMATION CONTACT:

William D. Hunter, (202) 482–4412, or

Penelope Naas, (202) 482–3435.

SUPPLEMENTARY INFORMATION: On

December 8, 1994, the URAA was

enacted (Pub. L. 103–465). This

legislation, which implements the

results of the Uruguay Round

multilateral trade negotiations, makes

significant amendments to the

antidumping and countervailing duty

provisions of Title VII of the Tariff Act

of 1930 (19 U.S.C. 1671 et seq.) (‘‘the

Act’’) and other related statutes. The

interim rules described below amend

and supplement the ITA’s regulations

concerning antidumping and

countervailing duties in accordance

with certain provisions of the new

legislation.

These interim regulations are effective

on the date of publication, and apply to

investigations and reviews initiated

pursuant to petitions filed or requests

made after January 1, 1995, the date on

which the World Trade Organization

Agreement entered into force with

respect to the United States. See section

291 of the URAA. These rules will

remain in effect until the ITA adopts

final rules promulgated pursuant to the

notice-and-comment procedures of the

Administrative Procedure Act. In this

regard, the ITA has published an

Advance Notice of Proposed

Rulemaking seeking public comments

and suggestions regarding amendments

to the antidumping and countervailing

duty regulations.

Written comments on these interimfinal regulations may be submitted in

combined form with comments which

the Department expects to request

pursuant to a notice of proposed

rulemaking. Accordingly, the due date

for comments on these interim-final

regulations and comments on the

Department’s proposed rulemaking will

be stated in the forthcoming notice of

proposed rulemaking.

Parties should submit comments on

the interim regulations in the same

format as that requested for comments

pursuant to the Advance Notice of

Proposed Rulemaking (60 FR 80), which

is as follows: (1) Number each comment

in accordance with the number

designated for that issue as indicated in

the list of issues set forth in the

Advance Notice of Proposed

Rulemaking; (2) begin each comment on

a separate page; (3) concisely state the

issue identified and discussed in the

comment; and (4) provide a brief

summary of the comment (a maximum

of 3 sentences) and label this section

‘‘summary of the comment.’’

Each person submitting a comment

should include his or her name and

address, and give reasons for any

recommendation.

To simplify the processing and

distribution of these comments, parties

are encouraged to submit documents in

electronic form accompanied by an

original and two paper copies. All

documents filed in electronic form

should be on DOS formatted 3.5′′

diskettes, and should be prepared in

either WordPerfect format or a format

that the WordPerfect program can

convert and import into WordPerfect.

Each comment submitted should be on

a separate file on the diskette and

labeled by the number designated for

that issue based upon the list of issues

outlined in the Department’s Advance

Notice of Proposed Rulemaking (60 FR

80; January 3, 1995). Comments

received on diskette will be made

available to the public on Internet under

the following addresses:

FTP://FWUX.FEDWORLD.GOV/PUB/

IMPORT or

FTP://FTP.FEDWORLD.GOV/PUB/

IMPORT/IMPORT.HTM

In addition, ITA will make comments

available to the public on 3.5′′ diskettes,

with specific instructions for accessing

compressed data, at cost, and paper

copies available for reading and

photocopying in Room B–099 of the

Central Records Unit. Any questions

concerning file formatting, document

conversion, access on Internet, or other

file requirements should be addressed to

Andrew Lee Beller, Director of Central

Records, (202) 482–1248.

Explanation of the Interim Rules

General Background

These interim regulations are limited

to certain new or revised procedures

and obligations mandated by the URAA.

The interim rules amend or supplement

the existing regulations only to the

extent necessary to implement certain

new or revised procedures that will

have an immediate impact on the

orderly administration of the

antidumping and countervailing duty

laws. The ITA has concluded that the

administration of these laws will be

made more efficient by issuing these

interim procedural regulations now.

The ITA is in the midst of a

rulemaking procedure designed to

conform its existing regulations in their

entirety to the URAA. Following the

completion of that exercise, including

consideration of comments by the

public, the ITA will issue final revised

rules. Pending the issuance of final

rules, the existing regulations, as

supplemented by these interim rules,

will form the basis for the ITA’s

administration of the antidumping and

countervailing duty laws. In the event of

a conflict between the existing

regulations and the statute, the statute

will control.

Explanation of Particular Provisions

Part 353

Part 353 contains the ITA’s

antidumping regulations. The citation

for Part 353 is amended to include a

reference to the URAA.

Section 353.1

Section 353.1 (Scope) is revised to

consist of two paragraphs. Paragraph (a)

continues to provide that 19 CFR Part

353 sets forth rules and procedures
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25131

applicable to antidumping proceedings

under Title VII of the Tariff Act (‘‘the

Act’’). While the ITA will rely on these

rules and procedures in conducting

antidumping investigations and

reviews, paragraph (a) also clarifies that

in the event of a conflict between the

regulations and the Act, the Act

controls.

Paragraph (b) identifies those sections

of Part 353 that have been revised or

added to reflect certain amendments

made by the URAA. The ITA concludes

that these limited regulations are

necessary for orderly administration of

the law pending completion of the

rulemaking proceeding. In addition, in

accordance with section 291 of the

URAA, paragraph (b) provides that these

revisions and additions apply only to

antidumping investigations and reviews

that have been self-initiated by the

Secretary after, or initiated pursuant to

petitions or requests filed after, January

1, 1995.

Section 353.12(b)(2)

Section 353.12(b)(2), which deals

with the contents of antidumping

petitions, is revised to reflect the new

requirement of amended section 732(c)

of the Act that, prior to initiating an

investigation pursuant to a petition, the

Secretary must determine that the

petition has the requisite support of the

domestic industry. To facilitate the

Secretary’s analysis of industry support,

revised section 353.12(b)(2) requires a

petitioner to provide information

relevant to this issue.

Section 353.13(a)

Section 353.13(a), which deals with

determinations regarding the sufficiency

of antidumping petitions, is revised to

reflect the new requirement of amended

section 732(c) of the Act that, prior to

initiating an investigation pursuant to a

petition, the Secretary must determine

that the petition has the requisite

support of the domestic industry. In

addition, section 353.13(a) is revised to

reflect the fact that, in exceptional

circumstances, the Secretary may

extend the deadline for determining the

sufficiency of a petition where the

Secretary is required to poll or

otherwise determine support for the

petition by the domestic industry and

where additional time is necessary to

meet that requirement. The additional

time will not be extended automatically

to the forty days permissible, but only

to the time necessary.

Section 353.15(a)(1)

Section 353.15(a)(1), which deals with

the deadline for preliminary

determinations in antidumping

investigations, is revised to reflect the

deadlines in amended section 733(b) of

the Act.

Sections 353.15(b) and 353.15(c)

Sections 353.15(b) and 353.15(c),

which deal with extensions of the

deadline for preliminary determinations

in antidumping investigations, are

revised to reflect the deadlines in

amended section 733(c) of the Act.

Sections 353.22(c)(4) and 353.22(c)(7)

Sections 353.22(c)(4) and 353.22(c)(7),

with deal with the deadlines for

preliminary and final results,

respectively, of reviews under section

751(a)(1) of the Act, are revised to

reflect the deadlines in amended section

751(a)(3) of the Act.

Section 353.22(h)

Section 353.22(h) is added to

establish procedures for conducting socalled ‘‘new shipper reviews,’’ a new

procedure contained in amended

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

353.22(h) generally is based on existing

section 353.22(c), which sets forth

procedures for so-called ‘‘normal

administrative reviews.’’ However,

certain features of section 353.22(h)

merit discussion.

First, the deadlines in section

353.22(h) differ from those in section

353.22(c) in order to reflect the

expedited nature of new shipper

reviews.

Second, because the purpose of a new

shipper review is to provide a new

shipper the opportunity to obtain its

own dumping margin on an expedited

basis, section 353.22(h)(1)(iii) precludes

a new shipper review where the

exporter or producer requesting such a

review already has received its own

margin during a prior stage of the

antidumping proceeding in question.

Third, consistent with the Statement

of Administrative Action accompanying

H.R. 5110 (H.R. Doc. No. 316, Vol. 1,

103d Cong., 2d Sess. (1994)) (‘‘the

SAA’’), section 353.22(h)(2) requires an

exporter or producer requesting a new

shipper review to provide certain

information, along with appropriate

certifications, supporting its claim as a

new shipper.

Fourth, section 353.22(h)(3) sets forth

rules regarding the timing of new

shipper reviews and defines the term

‘‘semiannual anniversary month.’’ As an

example of how section 353.22(h)(3)

would operate, assume that an

antidumping order is issued on January

15. The semiannual anniversary months

for this order would be January and

July. If a request were received at any

time during the period February through

July, a new shipper review would be

commenced in August. If a request for

a new shipper review were received at

any time during the period August

through January, a new shipper review

would be commenced in February.

Fifth, section 353.22(h)(5) provides

that the Secretary will determine the

time period to be covered by a new

shipper review. Because new shipper

reviews are a new procedure, the ITA

did not consider it appropriate to

establish a standard review period

without first obtaining public comment.

Finally, section 353.22(h)(9) addresses

situations in which a new shipper may

be subject to more than one review or

more than one request for review,

particularly in the first few years of the

administration of the amended statute.

For example, a new shipper might

request a review notwithstanding that

the new shipper is already subject to a

review pursuant to section 353.22(a). In

order to minimize the potential for

confusion and to conserve

administrative resources, section

353.22(h)(9) permits the Secretary to

terminate, or decline to commence, a

review under section 353.22, including

a new shipper review.

Section 353.31(a)

Section 353.31(a), which deals with

general time limits for the submission of

information, is revised by the addition

of a new paragraph (a)(1)(iii) that

establishes deadlines for the submission

of information in new shipper reviews.

Because the deadline for completing

new shipper reviews is shorter than for

normal administrative reviews, the

deadline for submitting information is

shorter, as well.

Section 353.31(c)

Section 353.31(c), which deals with

the time limits for certain allegations, is

revised to include the deadline for

submitting allegations of sales below

cost of production in new shipper

reviews. Because the deadline for

completing new shipper reviews is

shorter than for normal administrative

reviews, the deadline for submitting

allegations of sales below cost is shorter,

as well. In addition, existing section

353.31(c)(2), which deals with the time

limits for allegations regarding lack of

industry support for a petition, has been

deleted as obsolete. As noted above,

under the amended Act, the Secretary

must make a determination regarding

industry support prior to the initiation

of an investigation.

Section 353.38(i)

Section 353.38(i) is added to reflect

the requirements of section 782(g) of the
25132 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

Act regarding pre-final release of

information and the opportunity to

comment thereon.

Part 355

Part 355 contains the ITA’s

countervailing duty regulations. The

authority citation for Part 355 is

amended to include a reference to the

URAA.

Section 355.1

Section 355.1 (Scope) is revised to

consist of two paragraphs. Paragraph (a)

continues to provide that 19 CFR Part

355 sets forth rules and procedures

applicable to countervailing duty

proceedings under Title VII of the Tariff

Act (‘‘the Act’’). While the ITA will rely

on these rules and procedures in

conducting countervailing duty

investigations and reviews, paragraph

(a) also clarifies that in the event of a

conflict between the regulations and the

Act, the Act controls.

Paragraph (b) identifies those sections

of Part 355 that have been revised or

added to reflect certain amendments

made by the URAA. The ITA concludes

that these limited regulations are

necessary for orderly administration of

the law pending completion of the

rulemaking proceeding. In addition, in

accordance with section 291 of the

URAA, paragraph (b) provides that these

revisions and additions apply only to

countervailing duty investigations and

reviews that have been self-initiated by

the Secretary after, or initiated pursuant

to petitions or requests filed after,

January 1, 1995.

Section 355.12(b)(2)

Section 355.12(b)(2), which deals

with the contents of countervailing duty

petitions, is revised to reflect the new

requirement of amended section 702(c)

of the Act that, prior to initiating an

investigation pursuant to a petition, the

Secretary must determine that the

petition has the requisite support of the

domestic industry. To facilitate the

Secretary’s analysis of industry support,

revised section 355.12(b)(2) requires a

petitioner to provide information

relevant to this issue.

Section 355.13(a)

Section 355.13(a), which deals with

determinations regarding the sufficiency

of countervailing duty petitions, is

revised to reflect the new requirement of

amended section 702(c) of the Act that,

prior to initiating an investigation

pursuant to a petition, the Secretary

must determine that the petition has the

requisite support of the domestic

industry. In addition, section 355.13(a)

is revised to reflect the fact that, in

exceptional circumstances, the

Secretary may extend the deadline for

determining the sufficiency of a petition

where the Secretary is required to poll

or otherwise determine support for the

petition by the domestic industry and

where additional time is necessary to

meet that requirement. The additional

time will not be extended automatically

to the forty days permissible, but only

to the time necessary.

Section 355.15(a)(1)

Section 355.15(a)(1), which deals with

the deadline for preliminary

determinations in countervailing duty

investigations, is revised to reflect the

deadlines in amended section 703(b) of

the Act.

Sections 355.15(a)(2)(ii) and 355.15(a)(4)

Sections 355.15(a)(2)(ii) and

355.15(a)(4), which deal with the

contents of preliminary countervailing

duty determinations, are revised to

reflect the fact that under the amended

Act there no longer is a preference for

calculating a single countrywide

subsidy rate in countervailing duty

proceedings.

Sections 355.15(b) and 355.15(c)

Sections 355.15(b) and 355.15(c),

which deal with extensions of the

deadline for preliminary determinations

in antidumping investigations, are

revised to reflect the deadlines in

amended section 703(c) of the Act.

Sections 355.20(a)(2)(ii) and 355.20(a)(4)

Sections 355.20(a)(2)(ii) and

355.20(a)(4), which deal with the

contents of final countervailing duty

determinations, are revised to reflect the

fact that under the amended Act there

no longer is a preference for calculating

a single country-wide subsidy rate in

countervailing duty proceedings.

Section 355.20(d)

Section 355.20(d), which deals with

the calculation of individual

countervailing duty rates, is revised to

reflect the fact that under the amended

Act there no longer is a preference for

calculating a single country-wide

subsidy rate in countervailing duty

proceedings. The text of section

355.20(d) is deleted. However, because

the Department anticipates that these

interim rules will be replaced by final

rules as soon as possible, we have

designated section 355.20(d) as

‘‘[Reserved]’’ rather than renumber all of

section 355.20.

Section 355.20(e)

Section 355.20(e), which deals with

the effect of a decision not to exclude

a firm from a countervailing duty order,

is revised to reflect the fact that under

the amended Act there no longer is a

preference for calculating a single

country-wide subsidy rate in

countervailing duty proceedings.

Section 355.22(a)

Section 355.22(a), which deals with

procedures for requesting administrative

reviews of countervailing duty orders

and suspended investigations, is revised

to reflect the fact that under the

amended Act there no longer is a

preference for calculating a single

country-wide subsidy rate in

countervailing duty proceedings. The

procedures of revised section 355.22(a)

are based on the company-specific

approach of section 353.22(a) of the

antidumping regulations.

Section 355.22(c)

Section 355.22(c), which deals with

procedures for administrative reviews of

countervailing duty orders and

suspended investigations, under section

751(a)(1) of the Act, is revised to (1)

reflect the deadlines in amended section

751(a)(3) of the Act; and (2) reflect the

fact that under the amended Act there

no longer is a preference for calculating

a single country-wide subsidy rate in

countervailing duty proceedings.

Section 355.22(d)

Section 355.22(d), which deals with

the calculation of individual

countervailing duty rates in reviews, is

revised to reflect the fact that under the

amended Act there no longer is a

preference for calculating a single

country-wide subsidy rate in

countervailing duty proceedings. The

text of section 355.22(d) is deleted, and,

in order to avoid renumbering all of

section 355.22, section 355.22(d) is

designated ‘‘[Reserved]’’.

Section 355.22(f)

Section 355.22(f), which deals with

reviews of an individual producer or

exporter, is revised in light of the

changes, described above, to section

355.22(a). The text of section 355.22(f)

is deleted, and, in order to avoid

renumbering all of section 355.22,

section 355.22(f) is designated

‘‘[Reserved]’’.

Section 355.22(i)

Section 355.22(i), which deals with

reviews at the direction of the President

under section 762 of the Act, is revised

to reflect the fact that under the

amended Act there no longer is a

preference for calculating a single

country-wide subsidy rate in

countervailing duty proceedings.
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25133

Section 355.22(j)

Section 355.22(j) is added to establish

procedures for conducting so-called

‘‘new shipper reviews,’’ a new

procedure contained in amended

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

section 355.22(j) is virtually identical to

section 353.22(h), for an explanation of

section 355.22(j) please refer to the

discussion of section 353.22(h), above.

Section 355.31(a)

Section 355.31(a), which deals with

general time limits for the submission of

information, is revised by the addition

of a new paragraph (a)(1)(iii) that

establishes deadlines for the submission

of information in new shipper reviews.

As in the case of antidumping new

shipper reviews, the deadlines are

shorter than those for normal

administrative reviews.

Section 355.31(c)

Section 355.31(c), which deals with

the time limits for certain allegations, is

revised to include the deadline for

submitting allegations of subsidies in

new shipper reviews. This deadline is

shorter than the deadline for making

similar allegations in normal

administrative reviews. In addition,

existing section 355.31(c)(2), which

deals with the time limits for allegations

regarding lack of industry support for a

petition, has been deleted as obsolete.

As noted above, under the amended

Act, the Secretary must make a

determination regarding industry

support prior to the initiative of an

investigation.

Section 355.38(i)

Section 355.38(i) is added to reflect

the requirements of section 782(g) of the

Act regarding pre-final release of

information and the opportunity to

comment thereon.

Section 355.40

A new section 355.40 is added to

establish procedures for reviews of

countervailing duty orders in

connection with investigations under

section 753 of the Act. In general,

section 753 deals with outstanding

countervailing duty orders on

merchandise from a member of the

World Trade Organization that were

issued without a finding of material

injury. Under section 753, upon receipt

of a proper request, the U.S.

International Trade Commission (‘‘ITC’’)

will conduct an investigation to

determine if a U.S. industry is likely to

be materially injured if a countervailing

duty order is revoked.

Under section 753(b)(2), the ITA must

provide the ITC with information

regarding the net countervailable

subsidy that is likely to prevail if the

order in question is revoked, as well as

information regarding the nature of the

countervailable subsidy. Section 355.40

sets forth procedures the ITA will

follow in performing this task. In

addition, section 355.40(a) reflects the

Administration’s commitment to notify

domestic interested parties as soon as

possible after their opportunity for

requesting a section 753 investigation

arises. See the SAA, pp. 942–943.

Classification

Administrative Procedure Act (APA)

ITA rules to implement new

legislation ordinarily are promulgated in

accordance with the requirements of the

APA, 5 U.S.C. 553 et seq. The ITA is

publishing this interim final rule

without prior notice, an opportunity for

public comment, and a 30-day delay in

effective date pursuant to authority to

waive such requirements for good cause

contained in 5 U.S.C. 553(b)(B) and

553(d)(3). The URAA became effective

less than 30-days after its enactment,

rendering portions of existing

antidumping and countervailing duty

regulations obsolete. It also makes

significant revisions and additions to

existing procedures. In view of the

timing and number and degree of URAA

procedural changes, some new

implementing regulations must be in

place immediately to allow ITA to

administer antidumping and

countervailing duty proceedings

effectively and efficiently. As such, ITA

has determined that the provision of

prior notice and an opportunity for

public comment for these rules, which

have the limited purpose of amending

existing regulations where they are

clearly at odds with the URAA and

where regulations are essential to

administration of the new law, would be

impracticable and contrary to the public

interest. Similarly, the need to

implement these measures in a timely

manner to address the new procedures

in the URAA, described above,

constitutes good cause under authority

contained in 5 U.S.C. 553(d)(3), to waive

the 30-day delay in effective date.

The ITA recognizes that interim final

rules, because they are issued without

public participation, should be narrowly

drawn to respond to no more than the

situation that justified waiving the APA.

The agency is undertaking a full

rulemaking proceeding to conform

existing antidumping duty,

countervailing duty, and NAFTA Article

1904 regulations to the URAA, as well

as other substantive and procedural

changes that might be warranted. To

that end, on January 3, 1995 (60 FR 80),

the ITA published an advance notice of

proposed rulemaking seeking public

comment on subjects that should be

considered in revising the antidumping

and countervailing duty regulations.

E.O. 12866

This interim final rule has been

determined to be significant under E.O.

12866.

Paperwork Reduction Act

This interim final rule does not

contain any new reporting or recording

requirements subject to the Paperwork

Reduction Act.

E.O. 12612

This interim final rule does not

contain federalism implications

warranting the preparation of a

Federalism Assessment.

List of Subjects in 19 CFR Parts 353 and

355

Business and industry, Foreign trade,

Imports, Trade practices.

Dated: May 3, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

For the reasons stated, 19 CFR parts

353 and 355 are amended as follows:

PART 353—ANTIDUMPING DUTIES

1. The authority citation for part 353

is revised to read as follows:

Authority: 5 U.S.C. 301 and 19 U.S.C. 1671

et seq.

2. Section 353.1 is revised to read as

follows:

§ 353.1 Scope.

(a) This part sets forth procedures and

rules applicable to proceedings under

Title VII of the Tariff Act of 1930, as

amended (19 U.S.C. 1673 et seq.) (‘‘the

Act’’), as amended by Title I of the

Trade Agreements Act of 1979, Pub. L.

96–39, 93 Stat. 150, section 221 and

Title VI of the Trade and Tariff Act of

1984, Pub. L. 98–573, 98 Stat. 294, Title

I, subtitle C, part II of the Omnibus

Trade and Competitiveness Act of 1988,

Pub. L. 100–418, 102 Stat. 1184, and

Title II of the Uruguay Round

Agreements Act, Pub. L. 103–465; 108

Stat. 4809 (Dec. 8, 1994), relating to the

imposition of antidumping duties. In

the event of a conflict between the

provisions of this part and the

provisions of the Act, the Act shall be

controlling.

(b) The following sections reflect

amendments to the Act made by the

Uruguay Round Agreements Act:

§§ 353.1, 353.12(b)(2), 353.13(a),
25134 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

353.15(a)(1), 353.15(b), 353.15(c),

353.22(c)(4), 353.22(c)(7), 353.22(h),

353.31(a)(1), 353.31(c), and 353.38(i).

These sections shall be applicable only

to proceedings that have been selfinitiated by the Secretary after, or

initiated pursuant to petitions or

requests filed after, January 1, 1995.

3. Section 353.12(b)(2) is revised to

read as follows:

§ 353.12 Petition requirements.

* * * * *

(b) * * *

(2) The identity of the industry on

behalf of which the petitioner is filing,

including the names and addresses of

other persons in the industry, and

information relating to the degree of

industry support for the petition;

* * * * *

4. Section 353.13(a) is revised to read

as follows:

§ 353.13 Determination of sufficiency of

petition.

(a) Determination of sufficiency.—(1)

In general. Except as provided in

paragraph (a)(2) of this section, not later

than 20 days after a petition is filed

under § 353.12, the Secretary will

determine whether the petition properly

alleges the basis on which an

antidumping duty may be imposed

under section 731 of the Act, contains

information reasonably available to the

petitioner supporting the allegations, is

filed by an interested party as defined

in paragraph (k)(3), (k)(4), (k)(5), or

(k)(6) of § 353.2, and is filed by or on

behalf of the domestic industry.

(2) Extension where polling required.

Where the Secretary is required to poll

or otherwise determine support for the

petition by the domestic industry under

section 732(c)(4)(D) of the Act, the

Secretary may, in exceptional

circumstances, apply paragraph (a)(1) of

this section by substituting ‘‘a maximum

of 40 days’’ for ‘‘20 days’’.

* * * * *

5. Section 353.15 is amended by

revising paragraphs (a)(1), (b), and (c) to

read as follows:

§ 353.15 Preliminary determination.

(a) In general. (1) Not later than 140

days after the date on which the

Secretary initiates an investigation

under § 353.11 or § 353.13, the Secretary

will make a determination based on the

available information at the time

whether there is a reasonable basis to

believe or suspect that the merchandise

is being sold at less than fair value. The

Secretary will not make the

determination unless the Commission

has made an affirmative preliminary

determination.

* * * * *

(b) Postponement in extraordinarily

complicated investigation. If the

Secretary decides the investigation is

extraordinarily complicated, the

Secretary may postpone the preliminary

determination to not later than 190 days

after the date on which the Secretary

initiated the investigation. The

Secretary will base the decision on

express findings that:

(1) The respondent parties to the

proceeding are cooperating in the

investigation;

(2) The investigation is

extraordinarily complicated by reason

of:

(i) The large number of complex

nature of the transactions or

adjustments under subpart D of this

part;

(ii) Novel issues raised; or

(iii) The large number of producers

and resellers; and

(3) Additional time is needed to make

the preliminary determination.

(c) Postponement at the request of the

petitioner. If the petitioner, not later

than 25 days before the scheduled date

for the Secretary’s preliminary

determination, requests a postponement

and states the reasons for the request,

the Secretary will postpone the

preliminary determination to not later

than 190 days after the date on which

the Secretary initiated the investigation,

unless the Secretary finds compelling

reasons to deny the request.

* * * * *

6. Section 353.22 is amended by

revising paragraphs (c)(4) and (c)(7), and

by adding paragraph (h) to read as

follows:

§ 353.22 Administrative review of orders

and suspension agreements.

* * * * *

(c) * * *

(4) Unless the Secretary extends the

time limit pursuant to section

751(a)(3)(A) of the Act, within 245 days

after the last day of the anniversary

month, issue preliminary results of

review, based on the available

information, that include:

(i) The factual and legal conclusions

on which the preliminary results are

based;

(ii) The weighted-average dumping

margin, if any, during the period of

review for each person reviewed; and

(iii) For an agreement, the Secretary’s

preliminary conclusions with respect to

the status of, and compliance with, the

agreement;

* * * * *

(7) Unless the Secretary extends the

time limit pursuant to section

751(a)(3)(A) of the Act, within 120 days

after the date on which the preliminary

results are published, issue final results

of review that include:

(i) The factual and legal conclusions

on which the final results are based;

(ii) The weighted-average dumping

margin, if any, during the period of

review for each person reviewed; and

(iii) For an agreement, the Secretary’s

conclusions with respect to the status

of, and compliance with, the agreement;

* * * * *

(h) Determination of antidumping

duties for new shippers.—(1) In general.

If the Secretary receives a request,

accompanied by the information

described in paragraph (h)(2) of this

section, from an exporter or producer of

the merchandise establishing that:

(i) Such exporter or producer did not

export the merchandise that was the

subject of an antidumping duty order to

the United States (or, in the case of an

order described in section 736(d) of the

Act, did not export the merchandise for

sale in the region concerned) during the

period of investigation;

(ii) Such exporter or producer is not

affiliated with (within the meaning of

section 771(33) of the Act) any exporter

or producer who exported the

merchandise to the United States (or in

the case of an order described in section

736(d) of the Act, who exported the

merchandise for sale in the region

concerned) during that period; and

(iii) The Secretary has not previously

established a weighted-average dumping

margin for such exporter or producer,

the Secretary will conduct a review to

establish a weighted-average dumping

margin for such exporter or producer.

(2) Certification of new shipper status.

A request described in paragraph (h)(1)

of this section shall include, with

appropriate certifications:

(i) The date on which subject

merchandise of the exporter or producer

making the request was first entered, or

withdrawn from warehouse, for

consumption, or, if the exporter or

producer cannot certify as to the date of

first entry, the date on which the

exporter or producer first shipped the

subject merchandise for export to the

United States;

(ii) A list of the firms with which the

exporter or producer making the request

is affiliated; and

(iii) A statement from the exporter or

producer making the request and from

each firm with which the exporter or

producer is affiliated that it did not,

under its current or a former name,

export the merchandise during the

period of investigation.
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25135

(3) Time for new shipper review.

(i) In general. The Secretary will

commence a review under paragraph

(h)(1) of this section in the calendar

month beginning after the semiannual

anniversary month if the request for the

review is made during the 6-month

period ending with the end of the

semiannual anniversary month.

(ii) Semiannual anniversary month.

The semiannual anniversary month is:

(A) The calendar month in which the

anniversary of the date of publication of

the order occurs; or

(B) The calendar month which is 6

months after the calendar month in

which the anniversary of the date of

publication of the order occurs.

(4) Posting bond or security. The

Secretary will, at the time a review

under paragraph (h)(1) of this section is

initiated, direct the Customs Service to

allow, at the option of the importer, the

posting, until the completion of the

review, of a bond or security in lieu of

a cash deposit for each entry of the

merchandise.

(5) Period under review. A review

under paragraph (h)(1) of this section

will cover, as appropriate, entries,

exports, or sales during a period to be

determined by the Secretary.

(6) Procedures. After receipt of a

request satisfying the requirements of

paragraphs (h)(1), (h)(2) and (h)(3) of

this section, the Secretary will:

(i) Not later than 20 days after the

semiannual anniversary month, issue a

notice of ‘‘Initiation of New Shipper

Antidumping Duty Review;’’

(ii) Normally not later than 30 days

after the date of issuance of the notice

of initiation, send to appropriate

interested parties or a sample of

interested parties questionnaires

requesting factual information for the

review;

(iii) Conduct, if appropriate, a

verification under § 353.36;

(iv) Issue preliminary results of

review, based on the available

information, that include:

(A) The factual and legal conclusions

on which the preliminary results are

based; and

(B) The weighted-average dumping

margin, if any, for each person

reviewed;

(v) Publish in the Federal Register

notice of ‘‘Preliminary Results of New

Shipper Antidumping Duty

Administrative Review,’’ including the

weighted-average dumping margins, if

any, and an invitation for argument

consistent with § 353.38, and notify all

parties to the proceeding;

(vi) Promptly after issuing the

preliminary results, provide to parties to

the proceeding which request disclosure

a further explanation of the calculation

methodology used in reaching the

preliminary results;

(vii) Issue final results of review that

include:

(A) The factual and legal conclusions

on which the final results are based;

(B) The weighted-average dumping

margins, if any, for each person

reviewed;

(viii) Publish in the Federal Register

notice of ‘‘Final Results of New Shipper

Antidumping Duty Administrative

Review,’’ including the weightedaverage dumping margins, if any, and

notify all parties to the proceeding;

(ix) Promptly after issuing the final

results, provide to parties to the

proceeding which request disclosure a

further explanation of the calculation

methodology used in reaching the final

results; and

(x) Promptly after publication of the

notice of final results, instruct the

Customs Service to assess antidumping

duties on the merchandise described in

paragraph (h)(4) of this section, and to

collect a cash deposit of estimated

antidumpting duties on future entries.

(7) Time limits.

(i) In general. The Secretary will issue

preliminary results in a review

conducted under paragraph (h)(1) of this

section within 180 days after the date on

which the review is initiated, and final

results within 90 days after the date the

preliminary results are issued.

(ii) Exception. If the Secretary

concludes that the case is

extraordinarily complicated, the

Secretary may extend the 180-day

period to 300 days, and may extend the

90-day period to 150 days.

(8) Results of reviews. The results of

a review under paragraph (h)(1) of this

section shall be the basis for the

assessment of antidumping duties on

entries of merchandise covered by the

determination and for deposits of

estimated duties.

(9) Multiple reviews. Notwithstanding

any other provision of this section, if a

review (or a request for a review) under

paragraph (a), (f), or (g) of this section

covers merchandise of an exporter or

producer subject to a review (or to a

request for a review) under paragraph

(h)(1) of this section, the Secretary may:

(i) Terminate, in whole or in part, a

review in progress under this section; or

(ii) Decline to commence, in whole or

in part, a review under this section.

7. Section 353.31 is amended by

revising paragraph (a)(1) and (c) to read

as follows:

§ 353.31 Submission of factual

information.

(a) Time limits in general. (1) Except

as provided in § 353.32(b) and

paragraphs (a)(2) and (b) of this section,

submissions of factual information for

the Secretary’s consideration shall be

submitted not later than:

(i) For the Secretary’s final

determination, seven days before the

scheduled date on which the

verification is to commence;

(ii) For the Secretary’s final results of

an administrative review under § 353.22

(c) or (f), the earlier of the date of

publication of notice of preliminary

results of review or 180 days after the

date of publication of notice of initiation

of the review;

(iii) For the Secretary’s final results of

an administrative review under

§ 353.22(h), the earlier of the date of

publication of notice of preliminary

results of review or 120 days after the

date of publication of notice of initiation

of the review; or

(iv) For the Secretary’s final results of

an expedited review under § 353.22(g),

a date specified by the Secretary.

* * * * *

(c) Time limits for allegations of sales

below cost of production. (1) The

Secretary will not consider any

allegation of sales below the cost of

production that is submitted by the

petitioner or other interested party, as

defined in paragraph (k)(3), (k)(4), (k)(5),

or (k)(6) of § 353.2, later than:

(i) In an investigation 45 days before

the scheduled date for the Secretary’s

preliminary determination, unless a

relevant response is, in the Secretary’s

view, untimely or incomplete, in which

case the Secretary will determine the

time limit;

(ii) In an administrative review under

§ 353.22 (c) or (f), 120 days after the date

of publication of the notice of initiation

of the review, unless a relevant response

is, in the Secretary’s view, untimely or

incomplete, in which case the Secretary

will determine the time limit;

(iii) In an administrative review under

§ 353.22(h), 60 days after the date of

publication of the notice of initiation of

the review, unless a relevant response

is, in the Secretary’s view, untimely or

incomplete, in which case the Secretary

will determine the time limit; or

(iv) In an expedited review under

§ 353.22(g), 10 days after the date of

publication of the notice of initiation of

the review.

(2) Any interested party may request

in writing not later than the time limits

specified in paragraph (c)(1) of this

section an extension of those time

limits. If the Assistant Secretary for

Import Administration concludes that

an extension would facilitate the proper

administration of the law, the Assistant

Secretary may grant an extension of not
25136 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

longer than 10 days in an investigation

or 30 days in an administrative review.

* * * * *

8. Section 353.38 is amended by

adding paragraph (i), to read as follows:

§ 353.38 Written argument and hearing.

* * * * *

(i) Public comment on information. In

any investigation or review under this

part, the Secretary will specify a date on

which the Secretary will cease

collecting information and on which the

Secretary will release to parties that

have participated in the investigation or

review all information 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 § 353.34. Parties shall have

an opportunity to file written comments

on any information released to them,

and the date on which such comments

must be filed will be specified by the

Secretary. The Secretary will disregard

comments containing new factual

information.

PART 355—COUNTERVAILING DUTIES

9. The authority citation for part 355

is revised to read as follows:

Authority: 5 U.S.C. 301 and 19 U.S.C. 1671

et seq.

10. Section 355.1 is revised to read as

follows:

§ 355.1 Scope.

(a) This part sets forth procedures and

rules applicable to proceedings under

Title VII of the Tariff Act of 1930, as

amended (19 U.S.C. 1671 et seq.) (‘‘the

Act’’), relating to the imposition of

countervailing duties, as amended by

Title I of the Trade Agreements Act of

1979, Pub. L. 96–39, 93 Stat. 150,

section 221 and Title VI of the Trade

and Tariff Act of 1984, Pub. L. 98–573,

98 Stat. 294, Title I, subtitle C, part II

of the Omnibus Trade and

Competitiveness Act of 1988, Pub. L.

100–418, 102 Stat. 1184, and Title II of

the Uruguay Round Agreements Act,

Pub. L. 103–465; 108 Stat, 4809 (Dec. 8,

1994) and under section 702 of the

Trade Agreements Act of 1979 (19

U.S.C. 1202 note) (‘‘Trade Agreements

Act’’), relating to subsidies on quota

cheese. In the event of a conflict

between the provisions of this part and

the provisions of the Act, the Act shall

be controlling.

(b) The following sections reflect

amendments to the Act made by the

Uruguay Round Agreements Act:

§§ 355.1, 355.12(b)(2), 355.13(a),

355.15(a)(1), 355.15(a)(2)(ii),

355.15(a)(4), 355.15(b), 355.15(c),

355.20(a)(2)(ii), 355.20(a)(4), 355.20(d),

355.20(e), 355.22(a), 355.22(c),

355.22(d), 355.22(f), 355.22(i)(5)(ii),

355.22(j), 355.31(a)(1), 355.31(c),

355.38(i), 355.40. These sections shall

be applicable only to proceedings that

have been self-initiated by the Secretary

after, or initiated pursuant to petitions

or requests filed after, January 1, 1995.

11. Sections 355.12(b)(2) is revised to

read as follows:

§ 355.12 Petition requirements.

* * * * *

(b) * * *

(2) The identity of the industry on

behalf of which the petitioner is filing,

including the names and addresses of

other persons in the industry, and

information relating to the degree of

industry support for the petition.

* * * * *

12. Section 355.13(a) is revised to

read as follows:

§ 355.13 Determination of sufficiency of

petition.

(a) Determination of sufficiency.—(1)

In general. Except as provided in

paragraph (a)(2) of this section, not later

than 20 days after a petition is filed

under § 355.12, the Secretary will

determine whether the petition properly

alleges the basis on which a

countervailing duty may be imposed

under section 701(a) of the Act, contains

information reasonably available to the

petitioner supporting the allegations, is

filed by an interested party as defined

in paragraph (i)(3), (i)(4), (i)(5), or (i)(6)

of § 355.2, and is filed by or on behalf

of the domestic industry.

(2) Extension where polling required.

Where the Secretary is required to poll

or otherwise determine support for the

petition by the domestic industry under

section 702(c)(4)(D) of the Act, the

Secretary may, in exceptional

circumstances, apply paragraph (a)(1) of

this section by substituting ‘‘a maximum

of 40 days’’ for ‘‘20 days’’.

* * * * *

13. Section 355.15 is amended by

revising paragraphs (a)(1), (a)(2)(ii),

(a)(4), (b) and (c) to read as follows:

§ 355.15 Preliminary determination.

(a) In general. (1) Not later than 65

days after the date on which the

Secretary initiates an investigation

under § 355.11 or § 355.13, the Secretary

will make a determination based on the

available information at the time

whether there is a reasonable basis to

believe or suspect that a subsidy is

being provided with respect to the

merchandise. If the merchandise is from

a country entitled to an injury test for

the merchandise, the Secretary will not

make the determination unless the

Commission has made an affirmative

preliminary determination.

(2) * * *

(ii) The individual countervailing

duty rate for each person investigated

and an all-others rate, if any, or, if

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

a single estimated country-wide subsidy

rate; and

* * * * *

(4) The Secretary will publish in the

Federal Register notice of ‘‘Affirmative

(Negative) Preliminary Countervailing

Duty Determination,’’ including the

estimated individual countervailing

duty rates, all-others rate, or countrywide subsidy rate, if any, and an

invitation for argument consistent with

§ 355.38.

* * * * *

(b) Postponement in extraordinarily

complicated investigation. If the

Secretary decides the investigation is

extraordinarily complicated, the

Secretary may postpone the preliminary

determination to not later than 130 days

after the date on which the Secretary

initiated the investigation. The

Secretary will base the decision on

express findings that:

(1) The respondent parties to the

proceeding are cooperating in the

investigation;

(2) The investigation is

extraordinarily complicated by reason

of:

(i) The large number or complex

nature of the alleged subsidies;

(ii) Novel issues raised;

(iii) The need to determine the extent

to which particular subsidies are used

by individual producers or exporters; or

(iv) Large number of producers and

exporters; and

(3) Additional time is needed to make

the preliminary determination.

(c) Postponement at the request of the

petitioner. If the petitioner, not later

than 25 days before the scheduled date

for the Secretary’s preliminary

determination, requests a postponement

and states the reasons for the request,

the Secretary will postpone the

preliminary determination to not later

than 130 days after the date on which

the Secretary initiated the investigation,

unless the Secretary finds compelling

reasons to deny the request.

* * * * *

14. Section 355.20 is amended by

revising paragraphs (a)(2)(ii), (a)(4), and

(e), and by removing and reserving

paragraph (d), to read as follows:

§ 355.20 Final determination.

(a) * * *
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25137

(2) * * *

(ii) The estimated individual

countervailing duty rate for each person

investigated and an estimated all-others

rate, if any, or, if section 777A(e)(2)(B)

of the Act applies, a single estimated

country-wide subsidy rate; and

* * * * *

(4) The Secretary will publish in the

Federal Register notice of ‘‘Affirmative

(Negative) Final Countervailing Duty

Determination,’’ including the estimated

individual countervailing duty rates, allothers rate, or country-wide subsidy

rate, if any.

* * * * *

(e) Effect of decision not to exclude

from order. If the Secretary finds that a

person requesting exclusion under

§ 355.14 received, during the period for

which the Department measured

benefits in the investigation, any net

subsidy from any program that the

Secretary determines countervailable in

the affirmative final determination, the

Secretary will state in the affirmative

final determination an individual rate

for that person, and that rate will be the

basis for the cash deposit or bond, as

appropriate, of estimated countervailing

duties for that person. The individual

rate will be either the individual rate

calculated for that person, the all-others

rate, or, if section 777A(e)(2)(B) of the

Act applies, the country-wide subsidy

rate.

* * * * *

15. Section 355.22 is amended by

revising paragraphs (a), (c), (i)(5)(ii),

(i)(6), (i)(9)(ii), and (i)(10), by removing

and reserving paragraphs (d) and (f), and

by adding paragraph (j), to read as

follows:

§ 355.22 Administrative review of orders

and suspension agreements.

(a) Request for administrative review;

withdrawal of request for review. (1)

Each year during the anniversary month

of the publication of an order (the

calendar month in which the

anniversary of the date of publication of

the order occurs), an interested party, as

defined in paragraph (i)(2), (i)(3), (i)(4),

(i)(5), or (i)(6) of § 355.2, may request in

writing that the Secretary conduct an

administrative review of specified

individual producers or exporters

covered by an order, if the requesting

person states why the person desires the

Secretary to review those particular

producers or exporters.

(2) During the same month, a

producer or exporter covered by an

order may request in writing that the

Secretary conduct an administrative

review of only that person.

(3) During the same month, an

importer of the merchandise may

request in writing that the Secretary

conduct an administrative review of

only a producer or exporter of the

merchandise imported by that importer.

(4) Each year during the anniversary

month of the publication of a

suspension of investigation (the

calendar month in which the

anniversary of the date of publication of

the suspension of investigation occurs),

an interested party, as defined in

§ 355.2(i), may request in writing that

the Secretary conduct an administrative

review of all producers or exporters

covered by an agreement on which

suspension of investigation was based.

(5) The Secretary may permit a party

that requests a review under paragraph

(a) of this section to withdraw the

request not later than 90 days after the

date of publication of notice of initiation

of the requested review. The Secretary

may extend this time limit if the

Secretary decides that it is reasonable to

do so. When a request for review is

withdrawn, the Secretary will publish

in the Federal Register notice of

‘‘Termination of Countervailing Duty

Administrative Review’’ or, if

appropriate, ‘‘Partial Termination of

Countervailing Duty Administrative

Review.’’

* * * * *

(c) Procedures. After receipt of a

timely request under paragraph (a) of

this section, or on the Secretary’s own

initiative when appropriate, the

Secretary will:

(1) Not later than 15 days after the

anniversary month, publish in the

Federal Register notice of ‘‘Initiation of

Countervailing Duty Administrative

Review;’’

(2) Normally not later than 30 days

after the date of publication of the

notice of initiation, send to appropriate

interested parties or a sample of

interested parties questionnaires

requesting factual information for the

review;

(3) Conduct, if appropriate, a

verification under § 355.36;

(4) Unless the Secretary extends the

time limit pursuant to section

751(a)(3)(A) of the Act, within 245 days

after the last day of the anniversary

month, issue preliminary results of

review, based on the available

information, that include:

(i) The factual and legal conclusions

on which the preliminary results are

based;

(ii) The countervailing duty rate for

each person reviewed or, if section

777A(e)(2)(B) of the Act applies, a single

country-wide subsidy rate during the

period of review;

(iii) A description of official changes

in the subsidy programs made by the

government of the affected country that

affect the cash deposit of estimated

countervailing duties; and

(iv) For an agreement, the Secretary’s

preliminary conclusions with respect to

the status of, and compliance with, the

agreement;

(5) Publish in the Federal Register

notice of ‘‘Preliminary Results of

Countervailing Duty Administrative

Review,’’ including the countervailing

duty rates or country-wide subsidy rate,

if any, the estimated net subsidy for

cash deposit purposes, and an invitation

for argument consistent with § 355.38,

and notify all parties to the proceeding;

(6) Promptly after issuing the

preliminary results, provide to parties to

the proceeding which request disclosure

a further explanation of the calculation

methodology used in reaching the

preliminary results;

(7) Unless the Secretary extends the

time limit pursuant to section

751(a)(3)(A) of the Act, within 120 days

after the date on which the preliminary

results are published, issue final results

of review that include:

(i) The factual and legal conclusions

on which the final results are based;

(ii) The countervailing duty rate for

each person reviewed or, if section

777A(e)(2)(B) of the Act applies, a single

country-wide subsidy rate during the

period of review;

(iii) A description of official changes

in the subsidy programs, made by the

government of the affected country not

later than the date of publication of the

notice of preliminary results, that affect

the cash deposit of estimated

countervailing duties; and

(iv) For an agreement, the Secretary’s

conclusions with respect to the status

of, and compliance with, the agreement;

(8) Publish in the Federal Register

notice of ‘‘Final Results of

Countervailing Duty Administrative

Review,’’ including the countervailing

duty rates or country-wide subsidy rate,

if any, and the estimated net subsidy for

cash deposit purposes, and notify all

parties to the proceeding;

(9) Promptly after issuing the final

results, provide to parties to the

proceeding which request disclosure a

further explanation of the calculation

methodology used in reaching the final

results; and

(10) Promptly after publication of the

notice of final results, instruct the

Customs Service to assess

countervailing duties on the

merchandise described in paragraph (b)

of this section and to collect a cash

deposit of estimated countervailing

duties on future entries. Both the

assessment and the cash deposit will be
25138 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

at the rates found in the final results of

review.

* * * * *

(i) * * *

(5) * * *

(ii) The countervailing duty rates, or,

if section 777A(e)(2)(B) of the Act

applies, the country-wide subsidy rate,

if any, during the period of review; and

* * * * *

(6) Publish in the Federal Register

notice of ‘‘Preliminary Results of

Countervailing Duty Administrative

Review at the Direction of the

President,’’ including the countervailing

duty rates or country-wide subsidy rate,

if any, the estimated net subsidy for

cash deposit purposes, and an invitation

for argument consistent with § 355.38;

* * * * *

(9) * * *

(ii) The countervailing duty rates, or,

if section 777A(e)(2)(B) of the Act

applies, the country-wide subsidy rate,

if any, during the period of review; and

* * * * *

(10) Publish in the Federal Register

notice of ‘‘Final Results of

Countervailing Duty Administrative

Review at the Direction of the

President,’’ including the countervailing

duty rates or country-wide subsidy rate,

if any, and the estimated net subsidy for

cash deposit purposes; and

* * * * *

(j) Determination of countervailing

duties for new shippers.—(1) In general.

If the Secretary receives a request,

accompanied by the information

described in paragraph (j)(2) of this

section, from an exporter or producer of

the merchandise establishing that:

(i) Such exporter or producer did not

export the merchandise that was the

subject of a countervailing duty order to

the United States (or, in the case of an

order described in section 706(c) of the

Act, did not export the merchandise for

sale in the region concerned) during the

period of investigation;

(ii) Such exporter or producer is not

affiliated with (within the meaning of

section 771(33) of the Act) any exporter

or producer who exported the

merchandise to the United States (or in

the case of an order described in section

706(c) of the Act, who exported the

merchandise for sale in the region

concerned) during that period; and

(iii) The Secretary has not previously

established a countervailing duty rate

for such exporter or producer, the

Secretary will conduct a review to

establish a countervailing duty rate for

such exporter or producer.

(2) Certification of new shipper

status.—A request described in

paragraph (j)(1) of this section shall

include, with appropriate certifications:

(i) The date on which subject

merchandise of the exporter or producer

making the request was first entered, or

withdrawn from warehouse, for

consumption, or, if the exporter or

producer cannot certify as to the date of

first entry, the date on which the

exporter or producer first shipped the

subject merchandise for export to the

United States;

(ii) A list of the firms with which the

exporter or producer making the request

is affiliated; and

(iii) A statement from the exporter or

producer making the request and from

each firm with which the exporter or

producer is affiliated that it did not,

under its current or a former name,

export the merchandise during the

period of investigation.

(3) Time for new shipper review.—(i)

In general. The Secretary will

commence a review under paragraph

(j)(1) of this section in the calendar

month beginning after the semiannual

anniversary month if the request for the

review is made during the 6-month

period ending with the end of the

semiannual anniversary month.

(ii) Semiannual anniversary month.

The semiannual anniversary month is:

(A) the calendar month in which the

anniversary of the date of publication of

the order occurs; or

(B) the calendar month which is 6

months after the calendar month in

which the anniversary of the date of

publication of the order occurs.

(4) Posting bond or security. The

Secretary will, at the time a review

under paragraph (j)(1) of this section is

initiated, direct the Customs Service to

allow, at the option of the importer, the

posting, until the completion of the

review, of a bond or security in lieu of

a cash deposit for each entry of the

merchandise.

(5) Period under review. A review

under paragraph (h)(1) of this section

will cover, as appropriate, entries,

exports, or sales during a period to be

determined by the Secretary.

(6) Procedures. After receipt of a

request satisfying the requirements of

paragraphs (j)(1), (j)(2), and (j)(3) of this

section, the Secretary will:

(i) Not later than 20 days after the

semiannual anniversary month, issue a

notice of ‘‘Initiation of New Shipper

Countervailing Duty Review;’’

(ii) Normally not later than 30 days

after the date of issuance of the notice

of initiation, send to appropriate

interested parties or a sample of

interested parties questionnaires

requesting factual information for the

review;

(iii) Conduct, if appropriate, a

certification under § 355.36;

(iv) Issue preliminary results of

review, based on the available

information, that include:

(A) The factual and legal conclusions

on which the preliminary results are

based; and

(B) The countervailing duty rate, if

any, for each person reviewed, or, if

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

a single estimated country-wide subsidy

rate;

(v) Publish in the Federal Register

notice of ‘‘Preliminary Results of New

Shipper Countervailing Duty

Administrative Review,’’ including the

countervailing duty rates or countrywide subsidy rate, if any, and an

invitation for argument consistent with

§ 355.38, and notify all parties to the

proceeding;

(vi) Promptly after issuing the

preliminary results, provide to parties to

the proceeding which request disclosure

a further explanation of the calculation

methodology used in reaching the

preliminary results;

(vii) Issue final results of review that

include:

(A) The factual and legal conclusions

on which the final results are based;

(B) The countervailing duty rate, if

any, for each person reviewed or, if

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

a single estimated country-wide subsidy

rate;

(viii) Publish in the Federal Register

notice of ‘‘Final Results of New Shipper

Countervailing Duty Administrative

Review,’’ including the countervailing

duty rates or country-wide subsidy rate,

if any, and notify all parties to the

proceeding;

(ix) Promptly after issuing the final

results, provide to parties to the

proceeding which request disclosure of

a further explanation of the calculation

methodology used in reaching the final

results; and

(x) Promptly after publication of the

notice of final results, instruct the

Customs Service to assess

countervailing duties on the

merchandise described in paragraph

(j)(4) of this section, and to collect a

cash deposit of estimated countervailing

duties on future entries.

(7) Time limits.—(i) In general. The

Secretary will issue preliminary results

in a review conducted under paragraph

(j)(1) of this section within 180 days

after the date on which the review is

initiated, and final results within 90

days after the date the preliminary

results are issued.

(ii) Exception. If the Secretary

concludes that the case is

extraordinarily complicated, the
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25139

Secretary may extend the 180-day

period to 300 days, and may extend the

90-day period to 150 days.

(8) Results of reviews. The results of

a review under paragraph (j)(1) of this

section shall be the basis for the

assessment of countervailing duties on

entries of merchandise covered by the

determination and for deposits of

estimated duties.

(9) Multiple reviews. Notwithstanding

any other provision of this section, if a

review (or a request for a review) under

paragraph (a), (f), or (g) of this section

covers merchandise of an exporter or

producer subject to a review (or to a

request for a review) under paragraph

(j)(1) of this section, the Secretary may:

(i) Terminate, in whole or in part, a

review in progress under this section; or

(ii) Decline to commence, in whole or

in part, a review under this section.

16. Section 355.31 is amended by

revising paragraphs (a)(1) and (c) to read

as follows:

§ 355.31 Submission of factual

information.

(a) Time limits in general. (1) Except

as provided in paragraphs (a)(2) and (b)

of this section, submissions of factual

information for the Secretary’s

consideration shall be submitted not

later than:

(i) For the Secretary’s final

determination, the day before the

scheduled date on which the

verification is to commence;

(ii) For the Secretary’s final results of

an administrative review other than a

review under § 355.22(j), the earlier of

the date of publication of notice of

preliminary results of review or 180

days after the date of publication of

notice of initiation of the review; or

(iii) For the Secretary’s final results of

an administrative review under

§ 355.22(j), the earlier of the date of

publication of notice of preliminary

results of review or 120 days after the

date of publication of notice of initiation

of the review.

* * * * *

(c) Time limits for allegations of

subsidies. (1) Except for an allegation of

upstream subsidies submitted in an

investigation (see §§ 355.15(d) and

355.20(b)), the Secretary will not

consider any subsidy allegation

submitted by the petitioner or other

interested party, as defined in paragraph

(i)(3), (i)(4), (i)(5), or (i)(6) of § 355.2,

later than:

(i) In an investigation, 40 days before

the scheduled date for the Secretary’s

preliminary determination;

(ii) In an administrative review other

than a review under § 355.22(j), 120

days after the date of publication of the

notice of initiation of the review; or

(iii) In an administrative review under

§ 355.22(j), 60 days after the date of

publication of the notice of initiation of

the review.

(2) Any interested party may request

in writing not later than the time limits

specified in paragraph (c)(1) of this

section an extension of those time

limits. If the Assistant Secretary for

Import Administration concludes that

an extension would facilitate the proper

administration of the law, the Assistant

Secretary may grant an extension of not

longer than 10 days in an investigation

or 30 days in an administrative review.

* * * * *

17. Section 355.38 is amended by

adding paragraph (i), to read as follows:

§ 355.38 Written argument and hearings.

* * * * *

(i) Public comment on information. In

any investigation or review under this

part, the Secretary will specify a date on

which the Secretary will cease

collecting information and on which the

Secretary will release to parties that

have participated in the investigation or

review all information 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 § 355.34. Parties shall have

an opportunity to file written comments

on any information released to them,

and the date on which such comments

must be filed will be specified by the

Secretary. The Secretary will disregard

comments containing new factual

information.

18. A new section 355.40 is added to

subpart C, to read as follows:

§ 355.40 Likelihood of continued

subsidization; revocation under section 753

of the Act.

(a) Notification of domestic interested

parties. (1) As soon as possible after the

opportunity arises for requesting an

investigation under section 753 of the

Act, the Secretary will:

(i) Notify domestic interested parties

on the Department’s service list by first

class mail or personal service of the

opportunity to request an injury

investigation by the Commission; and

(ii) Publish in the Federal Register a

notice informing domestic interested

parties of the opportunity to request an

injury investigation by the Commission.

(2) The notification provided for in

paragraph (a)(1) of this section will

inform domestic interested parties of the

opportunity to request that reviews of

outstanding antidumping orders or

findings and countervailing duty orders

under section 751(c) of the Act

involving the same or comparable

merchandise be expedited.

(3) For purposes of paragraph (a) of

this section, ‘‘domestic interested

parties’’ means interested parties

described in paragraphs (i)(3), (i)(4),

(i)(5), or (i)(6) of § 355.2, or in section

771(9)(G) of the Act.

(b) Suspension of liquidation. (1) The

Secretary will instruct the Customs

Service to suspend liquidation with

respect to entries of subject merchandise

made on or after:

(i) In the case of an order described in

section 753(a)(1(B)(i) of the Act, the date

on which the country described in

section 753(a)(1)(A) of the Act becomes

a Subsidies Agreement country within

the meaning of section 701(b) of the Act;

or

(ii) In the case of an order described

in section 753(a)(1)(B)(ii) of the Act, the

date on which such order is issued.

(2) Liquidation shall be suspended

under paragraph (b)(1) of this section at

the cash deposit rate in effect on the

date described in paragraph (b)(1)(i) or

(b)(1)(ii) of this section, whichever is

applicable.

(c) Net countervailable subsidy;

nature of subsidy. The Secretary will

provide to the Commission the net

countervailable subsidy that is likely to

prevail if the order is revoked. The

Secretary will normally choose a net

countervailable subsidy that was

determined under section 705 or

subsection (a) or (b)(1) of section 751 of

the Act. At the same time, the Secretary

also will inform the Commission of the

nature of the countervailable subsidy

and whether the countervailable

subsidy is a subsidy described in Article

3 or Article 6.1 of the Subsidies

Agreement, as defined in section

771(8)(A) of the Act.

(d) Initiation and conduct of review.—

(1) In general. Where the Secretary

deems it necessary in order to provide

to the Commission the information

described in paragraph (c) of this

section, the Secretary will initiate a

review of the countervailing duty order

in question.

(2) Notice of initiation of review.

Where the Secretary initiates a review

under paragraph (d)(1) of this section,

the Secretary will publish in the Federal

Register a notice of ‘‘Initiation of

Countervailing Duty Section 753

Review.’’

(3) Conduct of review. Following the

initiation of a review under paragraph

(d)(1) of this section, the Secretary will:

(i) If the Secretary considers it

appropriate, send to interested parties

and other persons, or a sample of
25140 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

interested parties and other persons,

questionnaires requesting factual

information for the review;

(ii) If the Secretary considers it

appropriate, conduct a verification

under § 355.36;

(iii) Issue, based on available

information, preliminary results of

review that include the factual and legal

conclusions on which the preliminary

results are based;

(iv) Publish in the Federal Register

notice of ‘‘Preliminary Results of

Countervailing Duty Section 753

Review,’’ including an invitation for

argument consistent with § 355.38;

(v) Promptly notify all parties to the

proceeding of the preliminary results,

and provide to such parties which

request disclosure a future explanation

of the calculation methodology used in

reaching the preliminary results;

(vi) Issue final results of review that

include the factual and legal

conclusions on which the final results

are based;

(vii) Publish in the Federal Register

notice of ‘‘Final Results of

Countervailing Duty Section 753

Review;’’ and

(viii) Promptly notify all parties to the

proceeding and the Commission of the

final results, and provide such parties

which request disclosure a further

explanation of the calculation

methodology used in reaching the final

results.

(e) Effect of affirmative Commission

determination. Upon being notified by

the Commission that it has made an

affirmative determination under section

753(a)(1) of the Act:

(1) The Secretary will order the

termination of the suspension of

liquidation required pursuant to

paragraph (b) of this section; and

(2) The countervailing duty order

shall remain in effect until revoked, in

whole or in part.

(f) Effect of negative Commission

determination. Upon being notified by

the Commission that it has made a

negative determination under section

753(a)(1) of the Act, the Secretary will

revoke the countervailing duty order

and refund, with interest, any estimated

countervailing duty collected during the

period liquidation was suspended

pursuant to paragraph (b) of this section.

[FR Doc. 95–11582 Filed 5–10–95; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[T.D. 8581]

RIN 1545–AQ87

Certain Cash or Deferred

Arrangements and Employee and

Matching Contributions Under

Employee Plans; Correction

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains

corrections to final regulations (T.D.

8581), which were published in the

Federal Register for Friday, December

23, 1994, (59 FR 66165) relating to

certain cash or deferred arrangements

and employee and matching

contributions under employee plans.

EFFECTIVE DATE: December 23, 1994.

FOR FURTHER INFORMATION CONTACT:

Catherine Livingston Fernandez (202)

622–4606 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of this correction are under

sections 401(a)(30), 401(k), 401(m),

402(a)(8), 402(g), 411(d)(6), 415(c), 416,

and 4979 of the Internal Revenue Code.

Need for Correction

As published, T.D. 8581 contains an

error which may prove to be misleading

and is in need of clarification.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

Accordingly, 26 CFR part 1 is

corrected by making the following

correcting amendment:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.401(k)–1 (h)(4)(ii) is

revised to read as follows:

§ 1.401(k)–1 Certain cash or deferred

arrangements.

* * * * *

(h) * * *

(4) * * *

(ii) * * *

(A) The plan does not fail to satisfy

the requirements of section 401(a)

merely because of the nonqualified cash

or deferred arrangement.

(B) Employer contributions under the

nonqualified cash or deferred

arrangement are considered to satisfy

the requirements of section 401(a)(4).

(C) Except as provided in paragraphs

(a)(7) and (f) of this section, elective

contributions under the arrangement are

treated as employer contributions under

the Internal Revenue Code of 1986, as if

the arrangement were a qualified cash or

deferred arrangement. See § 1.401(k)–

1(a)(4)(ii). See § 1.402(a)–1(d) for rules

governing when elective contributions

under the arrangement are includible in

an employee’s gross income.

* * * * *

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–11583 Filed 5–10–95; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–232; Combined Program Amendments

Numbers 25R and 56R]

Ohio Regulatory Program Amendment

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is announcing the

approval of a proposed amendment to

the Ohio regulatory program (hereinafter

referred to as the Ohio program) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment is intended to

revise Ohio’s ‘‘Guidelines for Evaluating

Revegetation Success’’ to be consistent

with the corresponding Federal

regulations. These guidelines describe

the sampling methods which Ohio

proposes to use to evaluate revegetation

success prior to bond release on areas

with different postmining land uses.

EFFECTIVE DATE: May 11, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert H. Mooney, Acting Director,

Columbus Field Office, Office of Surface

Mining Reclamation and Enforcement,

4480 Refugee Road, Suite 201,

Columbus, Ohio 43232; Telephone:

(614) 866–0578.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program.

II. Discussion of the Proposed Amendment.

III. Director’s Findings.

IV. Summary and Disposition of Comments.