78742 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

22. Commenters that are not able to 

file comments electronically must send 

an original of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

23. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VI. Document Availability 

24. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington DC 20426. 

25. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

26. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202)502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 46 

Electric utilities; Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Dated: December 18, 2014. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Part 46, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows: 

PART 46—PUBLIC UTILITY FILING 

REQUIREMENTS AND FILING 

REQUIREMENTS FOR PERSONS 

HOLDING INTERLOCKING POSITIONS 

■ 1. The authority citation for Part 46 

continues to read as follows: 

Authority: 16 U.S.C. 792–828c; 16 U.S.C. 

2601–2645; 42 U.S.C. 7101–7352; E.O. 12009, 

3 CFR 142. 

■ 2. Section 46.3 is amended by revising 

paragraph (a) to read as follows: 

§ 46.3 Purchaser list. 

(a)(1) Compilation and filing list. On 

or before January 31 of each year, except 

as provided below, each public utility 

shall compile a list of the purchasers 

described in paragraph (b) of this 

section and shall identify each 

purchaser by name and principal 

business address. The public utility 

must submit the list to the Secretary of 

the Commission in accordance with 

filing procedures posted on the 

Commission’s Web site at http://

www.ferc.gov and make the list publicly 

available through its principal business 

office. 

(2) Notwithstanding paragraph (a)(1) 

of this section, public utilities that are 

defined as Regional Transmission 

Operators, as defined in § 35.34(b)(1) of 

this chapter, and public utilities that are 

defined as Independent System 

Operators, as defined in § 35.46(d) of 

this chapter, are exempt from the 

requirement to file. 

(3) Notwithstanding paragraph (a)(1) 

of this section, public utilities that meet 

the criteria for exempt wholesale 

generators, as defined in § 366.1 of this 

chapter, and are certified as such 

pursuant to § 366.7 of this chapter, are 

exempt from the requirement to file. 

(4) Notwithstanding paragraph (a)(1) 

of this section, public utilities that have 

no reportable sales as defined in section 

(b) in any of the three preceding years 

are exempt from the requirement to file. 

(5) Notwithstanding paragraph (a)(1) 

of this section, individual residential 

customers on the list may be identified 

as ‘‘Residential Customer,’’ and with a 

zip code in lieu of an address. 

* * * * * 

[FR Doc. 2014–30366 Filed 12–30–14; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 140929814–4814–01] 

RIN 0625–AB02 

Modification of Regulations Regarding 

Price Adjustments in Antidumping 

Duty Proceedings 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Proposed rule and request for 

comments. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) proposes to modify 

two regulations pertaining to price 

adjustments in antidumping duty 

proceedings and is seeking comments 

from parties. These modifications, if 

adopted, are intended to clarify that the 

Department generally will not consider 

a price adjustment that reduces or 

eliminates a dumping margin unless the 

party claiming such price adjustment 

demonstrates, to the satisfaction of the 

Department, through documentation 

that the terms and conditions of the 

adjustment were established and known 

to the customer at the time of sale. 

DATES: To be assured of consideration, 

written comments must be received no 

later than January 30, 2015. 

ADDRESSES: All comments must be 

submitted through the Federal 

eRulemaking Portal at http:// 

www.regulations.gov, Docket No. ITA– 

2014–0001, unless the commenter does 

not have access to the internet. 

Commenters that do not have access to 

the internet may submit the original and 

one electronic copy of each set of 

comments by mail or hand delivery/ 

courier. All comments should be 

addressed to Paul Piquado, Assistant 

Secretary for Enforcement & 

Compliance, Room 1870, Department of 

Commerce, 14th Street and Constitution 

Ave. NW., Washington, DC 20230. 

Comments submitted to the Department 

will be uploaded to the eRulemaking 

Portal at www.Regulations.gov. 

The Department will consider all 

comments received before the close of 

the comment period. All comments 

responding to this notice will be a 

matter of public record and will be 

available on the Federal eRulemaking 

Portal at www.Regulations.gov. The 

Department will not accept comments 

accompanied by a request that part or 

all of the material be treated 

confidentially because of its business 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 78743 

proprietary nature or for any other 

reason. 

Any questions concerning file 

formatting, document conversion, 

access on the Internet, or other 

electronic filing issues should be 

addressed to Moustapha Sylla, 

Enforcement and Compliance 

Webmaster, at (202) 482–4685, email 

address: webmastersupport@ita.doc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Link at (202) 482–1411 or 

Melissa Skinner at (202) 482–0461. 

SUPPLEMENTARY INFORMATION: 

Background 

In general terms, section 731 of the 

Tariff Act of 1930, as amended (the Act) 

provides that when a company is selling 

foreign merchandise into the United 

States at less than fair value, and 

material injury or threat of material 

injury is found by the International 

Trade Commission, the Department 

shall impose an antidumping duty. An 

antidumping duty analysis involves a 

comparison of the company’s sales price 

in the United States (known as the 

export price or constructed export price) 

with the price or cost in the foreign 

market (known as the normal value). 

See 19 CFR 351.401(a); see also section 

772 of the Act (defining export price 

and constructed export price); section 

773 of the Act (defining normal value). 

The prices used to establish export 

price, constructed export price, and 

normal value involve certain 

adjustments. See, e.g., 19 CFR 

351.401(b). In its May 19, 1997 final 

rulemaking, the Department 

promulgated regulatory provisions 

governing the use of price adjustments 

in the calculation of export price, 

constructed export price, and normal 

value in antidumping duty proceedings. 

Antidumping Duties; Countervailing 

Duties; Final Rule, 62 FR 27296 (May 

19, 1997) (‘‘Final Rule’’). In particular, 

the Department promulgated the current 

regulation at 19 CFR 351.102(b)(38), 

which provides a definition of ‘‘price 

adjustment’’. In providing this 

definition, the Department stated that 

‘‘{t}his term is intended to describe a 

category of changes to a price, such as 

discounts, rebates and post-sale price 

adjustments, that affect the net outlay of 

funds by the purchaser.’’ Id., 62 FR at 

27300. 

The Department also enacted 19 CFR 

351.401(c), which explains how the 

Department will use a price net of price 

adjustments. In the Final Rule, the 

Department explained that 19 CFR 

351.401(c) was intended to ‘‘restate{} 

the Department’s practice with respect 

to price adjustments, such as discounts 

and rebates.’’ Final Rule, 62 FR at 

27344. 

The Department also addressed the 

following comment on the proposed 

rulemaking, regarding whether ‘‘after 

the fact’’ price adjustments, that were 

not contemplated at the time of sale, 

would be accepted under 19 CFR 

351.401(c): 

One commenter suggested that, at least for 

purposes of normal value, the regulations 

should clarify that the only rebates 

Commerce will consider are ones that were 

contemplated at the time of sale. This 

commenter argued that foreign producers 

should not be allowed to eliminate dumping 

margins by providing ‘‘rebates’’ only after the 

existence of margins becomes apparent. 

The Department has not adopted this 

suggestion at this time. We do not disagree 

with the proposition that exporters or 

producers will not be allowed to eliminate 

dumping margins by providing price 

adjustments ‘‘after the fact.’’ However, as 

discussed above, the Department’s treatment 

of price adjustments in general has been the 

subject of considerable confusion. In 

resolving this confusion, we intend to 

proceed cautiously and incrementally. The 

regulatory revisions contained in these final 

rules constitute a first step at clarifying our 

treatment of price adjustments. We will 

consider adding other regulatory refinements 

at a later date. 

Since enacting these regulations, the 

Department has consistently applied its 

practice of not granting price 

adjustments where the terms and 

conditions were not established and 

known to the customer at the time of 

sale (sometimes referred to as 

determining the ‘‘legitimacy’’ of a price 

adjustment) because of the potential for 

manipulation of the dumping margin 

through so-called ‘‘after-the-fact’’ 

adjustments. See, e.g., Certain Oil 

Country Tubular Goods From Taiwan: 

Final Determination of Sales at Less 

Than Fair Value, 79 FR 41979 (July 18, 

2014) and accompanying Issues and 

Decision Memorandum, Cmt. 3; 

Lightweight Thermal Paper From 

Germany: Notice of Final Results of the 

First Antidumping Duty Administrative 

Review, 76 FR 22078 (April 20, 2011) 

(Lightweight Thermal Paper from 

Germany) and accompanying Issues and 

Decision Memorandum, Cmt. 3; Canned 

Pineapple Fruit from Thailand: Final 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review, 71 FR 70948 (Dec. 7, 2006) and 

accompanying Issues and Decision 

Memorandum, Cmt. 1; Ball Bearings 

and Parts Thereof from France, 

Germany, Italy, Japan, and the United 

Kingdom: Final Results of Antidumping 

Duty Administrative Reviews, 71 FR 

40064 (July 14, 2006) and accompanying 

Issues and Decision Memorandum, Cmt. 

19. 

On March 25, 2014, the Court of 

International Trade issued Papierfabrik 

August Koehler AG v. United States, 971 

F. Supp. 2d 1246 (Ct. Int’l Trade 2014) 

(Koehler AG), remanding the 

Department’s decision in Lightweight 

Thermal Paper from Germany, noted 

above. The Court ordered the 

Department to reconsider Papierfabrik 

August Koehler AG’s rebate program. 

The Court disagreed with the 

Department’s determination that the 

regulations permitted it to disregard 

certain price adjustments, the terms and 

conditions of which were not 

established or known to the customer at 

the time of sale, stating that ‘‘the 

regulations set forth a broad definition 

of price adjustment encompassing ‘any 

change in the price charged for . . . the 

foreign like product’ that ‘are reflected 

in the purchaser’s net outlay.’ ’’ 971 F. 

Supp. 2d at 1251–52 (quoting 19 CFR 

351.102(b)(38)) (emphasis added by 

Court). In accordance with the Court’s 

order, on remand, under protest, the 

Department granted an adjustment for 

the rebates at issue. See Final Results of 

Redetermination Pursuant to Court 

Remand, Lightweight Thermal Paper 

from Germany, Papierfabrik August 

Koehler AG v. United States, Court No. 

11–00147, Slip Op. 14–31 (Ct. Int’l 

Trade March 25, 2014), dated June 20, 

2014. 

The Department continues to defend 

its regulatory interpretation of 

disallowing price adjustments the terms 

and conditions of which were not 

contemplated and known to the 

customer at the time of sale. However, 

the Department recognizes that the 

Court of International Trade in Koehler 

AG disagrees with its interpretation. 

Therefore, without prejudice to the 

United States Government’s right to 

appeal Koehler AG, or to argue that the 

Department’s current interpretation of 

its regulations is correct, the Department 

is issuing this proposed rule to modify 

the regulations at issue pursuant to 

Administrative Procedure Act (5 U.S.C. 

553) notice and comment procedures; 

we invite comments from all interested 

parties. 

Proposed Modification 

The Department proposes to modify 

19 CFR 351.102(b)(38) and 19 CFR 

351.401(c) as indicated below. These 

modifications, if adopted, are intended 

to clarify that the Department generally 

will not consider a price adjustment that 

reduces or eliminates a dumping margin 

unless the party claiming such price 

adjustment demonstrates, to the 

satisfaction of the Department, through 


tkelley on DSK3SPTVN1PROD with PROPOSALS
78744 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

documentation that the terms and 

conditions of the adjustment were 

established and known to the customer 

at the time of sale. This rulemaking 

would be effective for proceedings 

initiated on or after 30 days following 

the date of publication of the final rule. 

The Department invites parties to 

comment on this proposed rule and the 

proposed effective date. Further, any 

party may submit comments expressing 

its disagreement with the Department’s 

proposal and may propose an 

alternative approach. 

Classifications 

Executive Order 12866 

It has been determined that this 

proposed rule is not significant for 

purposes of Executive Order 12866. 

Paperwork Reduction Act 

This proposed rule contains no new 

collection of information subject to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

Executive Order 13132 

This proposed rule does not contain 

policies with federalism implications as 

that term is defined in section 1(a) of 

Executive Order 13132, dated August 4, 

1999 (64 FR 43255 (August 10, 1999)). 

Regulatory Flexibility Act 

The Chief Counsel for Regulation has 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration under the provisions of 

the Regulatory Flexibility Act, 5 U.S.C. 

605(b), that the proposed rule would not 

have a significant economic impact on 

a substantial number of small business 

entities. A summary of the need for, 

objectives of and legal basis for this rule 

is provided in the preamble, and is not 

repeated here. 

The entities upon which this 

rulemaking could have an impact 

include foreign exporters and 

producers, some of whom are affiliated 

with U.S. companies, and U.S. 

importers. Enforcement & Compliance 

currently does not have information on 

the number of entities that would be 

considered small under the Small 

Business Administration’s size 

standards for small businesses in the 

relevant industries. However, some of 

these entities may be considered small 

entities under the appropriate industry 

size standards. Although this proposed 

rule may indirectly impact small 

entities that are parties to individual 

antidumping duty proceedings, it will 

not have a significant economic impact 

on any entities. 

The proposed action is merely a 

continuation of the Department’s 

practice based on its interpretation of 

current Department regulations. If the 

proposed rule is implemented, no 

entities would be required to undertake 

additional compliance measures or 

expenditures. Rather, the regulations, 

both in their current form and in this 

proposed rulemaking, instruct the 

Department on what adjustments to 

make to export price or constructed 

export price and normal value under 

certain factual scenarios in the course of 

an antidumping duty proceeding. 

Because the proposed rule only impacts 

the way in which the Department makes 

certain calculations in antidumping 

duty proceedings, it does not directly 

impact any business entities. The 

proposed rule merely clarifies the 

regulations to better align with current 

Departmental practices. Therefore, the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small business 

entities. For this reason, an Initial 

Regulatory Flexibility Analysis is not 

required and one has not been prepared. 

List of Subjects in 19 CFR Part 351 

Administrative practice and 

procedure, Antidumping, Business and 

industry, Cheese, Confidential business 

information, Countervailing duties, 

Freedom of information, Investigations, 

Reporting and recordkeeping 

requirements. 

Dated: December 19, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

For the reasons stated, 19 CFR part 

351 is proposed to be amended as 

follows: 

PART 351—ANTIDUMPING AND 

COUNTERVAILING DUTIES 

■ 1. The authority citation for 19 CFR 

part 351 continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 1202 

note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et 

seq.; and 19 U.S.C. 3538. 

■ 2. In § 351.102, revise paragraph 

(b)(38) to read as follows: 

§ 351.102 Definitions. 

* * * * * 

(b) * * * 

(38) Price adjustment. ‘‘Price 

adjustment’’ means a change in the 

price charged for subject merchandise or 

the foreign like product, such as a 

discount or rebate, including, under 

certain circumstances, a change such as 

a discount or rebate that is made after 

the time of sale (see § 351.401(c)), that 

is reflected in the purchaser’s net 

outlay. 

* * * * * 

■ 3. In § 351.401, revise paragraph (c) to 

read as follows: 

§ 351.401 In general. 

* * * * * 

(c) Use of price net of price 

adjustments. In calculating export price, 

constructed export price, and normal 

value (where normal value is based on 

price), the Secretary normally will use 

a price that is net of price adjustments, 

as defined in § 351.102(b), that are 

reasonably attributable to the subject 

merchandise or the foreign like product 

(whichever is applicable). The Secretary 

generally will not consider a price 

adjustment that reduces or eliminates a 

dumping margin unless the party 

claiming such price adjustment 

demonstrates, to the satisfaction of the 

Secretary, through documentation that 

the terms and conditions of the 

adjustment were established and known 

to the customer at the time of sale. 

* * * * * 

[FR Doc. 2014–30664 Filed 12–30–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1271 

[Docket No. FDA–2014–N–1484] 

Revisions to Exceptions Applicable to 

Certain Human Cells, Tissues, and 

Cellular and Tissue-Based Products 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA or Agency) is 

issuing this proposed rule to amend 

certain regulations regarding donor 

eligibility, including the screening and 

testing of donors of particular human 

cells, tissues, and cellular and tissuebased products (HCT/Ps), and related 

labeling. FDA is proposing this action in 

response to our enhanced 

understanding in this area and in 

response to comments from 

stakeholders regarding the importance 

of embryos to individuals and couples 

seeking access to donated embryos. 

DATES: Submit either electronic or 

written comments on the proposed rule 

by March 31, 2015. 

ADDRESSES: You may submit comments 

by any of the following methods: 


tkelley on DSK3SPTVN1PROD with PROPOSALS