NOTIFICATION
OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
United
States
Supplement
The following communication, dated and received on 19 December 2024, is
being circulated at the request of the delegation of the United States.
_______________
Pursuant to Article 32.6 of the Agreement on Subsidies and
Countervailing Measures and Article 18.5 of the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994, the United
States hereby notifies:
Modernizing the Annexes of the Antidumping and Countervailing Duty Trade
Remedy Regulations, 89 Fed. Reg. 103,633 (Dec. 19,
2024).
Pursuant
to title VII of the Tariff Act of 1930, as amended, the U.S. Department of
Commerce is modernizing the annexes of the trade remedy regulations to enhance
the administration of the antidumping duty and countervailing duty laws.
The
regulations are effective December 19, 2024.
=============================================================
[Docket No. 241210-0321]
RIN 0625-AB26
Modernizing the Annexes of the Antidumping
and Countervailing Duty Trade Remedy Regulations
AGENCY: Enforcement and Compliance,
International Trade Administration, Department of Commerce.
ACTION: Final rule.
--------------------------------------------------------------------------------------------------------------
SUMMARY: Pursuant to title VII of the
Tariff Act of 1930, as amended (the Act), the U.S. Department of Commerce
(Commerce) is modernizing the annexes of the trade remedy regulations to
enhance the administration of the antidumping duty (AD) and countervailing duty
(CVD) laws.
DATES: Effective December 19, 2024.
FOR FURTHER INFORMATION CONTACT: Scott D.
McBride, Associate Deputy Chief Counsel for Trade Enforcement and Compliance,
at (202) 482-6292, or Jesus Saenz, Senior Attorney, at (202) 482‑1823.
SUPPLEMENTARY INFORMATION: Commerce
initially promulgated its AD and CVD regulations in 1997 and 1998,
respectively.\1\ Since the inception of these regulations, Commerce has
periodically modified certain sections or paragraphs or adopted new provisions.
For example, in 2021 Commerce modified existing regulations
covering scope inquiries at 19 CFR 351.225, and adopted new provisions to
codify its practice regarding circumvention inquiries and covered merchandise
referrals at 19 CFR 351.226 and 351.227.\2\ Commerce modified those regulations
as well as promulgating new ones on March 25, 2024, to further improve and strengthen
the administration and enforcement of the AD and CVD laws.\3\ Most recently, on
December 16, 2024, Commerce revised certain other existing regulations and
promulgated additional new regulations to further enhance the trade remedy
[[Page 103634]]
laws, with a particular emphasis on CVD
laws and procedures.\4\
--------------------------------------------------------------------------------------------------------------
\1\
See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296 (May 19,
1997); and Countervailing Duties; Final Rule, 63 FR 65348, 65357 (November 25,
1998).
\2\
See Regulations to Improve Administration and Enforcement of Antidumping and
Countervailing Duty Laws, 86 FR 52300 (Sept. 20, 2021).
\3\
See Regulations Improving and Strengthening the Enforcement of Trade Remedies
Through the Administration of the Antidumping and Countervailing Duty Laws, 89
FR 20766 (March 25, 2024).
\4\
See Regulations Enhancing the Administration of the Antidumping and
Countervailing Duty Trade Remedy Laws, 89 FR 101694 (December 16, 2024).
--------------------------------------------------------------------------------------------------------------
In
order to accurately reflect the modified language, dates and new provisions in
the AD and CVD regulations, Commerce is modernizing the annexes accompanying
the regulations. Specifically, Commerce is updating the number of days and the
regulation cross-reference for each of the listed events in annexes I through
IV, and annexes VIII-A through VIII-C. Commerce is also creating new annexes
IX, X, and XI to provide additional guidance to Scope Inquires, Circumvention
Inquiries, and Covered Merchandise Referrals.\5\ Annexes IX, X, and XI will similarly
contain a field with the number of days, event name, and regulation for each
specific event. Lastly, Commerce is also removing existing Annex V as the
provided cross-reference to regulations prior to 1997 is obsolete and reserving
it for potential future use of a new annex V.
--------------------------------------------------------------------------------------------------------------
\5\
See 19 CFR 351.225, 351.226, and 351.227.
--------------------------------------------------------------------------------------------------------------
Rulemaking Considerations
A. Administrative Procedure Act
The
changes in this rulemaking involve rules of agency procedure. See Bachow
Commc'ns Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (changes to procedural
rules are not subject to notice and comment review under the Administrative
Procedure Act (APA)); Inova Alexandria Hosp. v. Shalala, 244 F.3d 342, 349 (4th
Cir. 2001) (rules for handling appeals are procedural where they do not change
the substantive standard for reviewing claims); Nat'l Org. of Veterans'
Advocates v. Sec'y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (Substantive
rules ''effect a change in existing law or policy or which affect individual
rights and obligations,'' whereas interpretative rules ''clarify or explain
existing law or regulation and are exempt from notice and comment'' review
under the APA.).
Accordingly,
prior notice and opportunity for public comment for the changes in this
rulemaking are not required pursuant to 5 U.S.C. 553(b) or (c) or any other
law. See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37 (Fed. Cir. 2008)
(stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), do not
require notice and comment rulemaking for ''interpretative rules, general
statements of policy, or rules of agency organization, procedure, or practice''
(quoting 5 U.S.C. 553(b)(A))). Similarly, there is no need for a 30-day
delay in effective date pursuant to 5 U.S.C. 553(d)(2).
In
addition, Commerce finds good cause pursuant to the authority at 5 U.S.C.
553(b)(B) and 553(d)(3) to forego prior notice, opportunity for public
comment, and a 30-day delay in effective date because such procedures are
unnecessary. This rulemaking merely updates the annexes to reflect changes to
the AD and CVD regulations that have already undergone notice and comment. As
such, the contents of the revised annexes have already undergone notice and
comment rulemaking, and repeating that process is unnecessary.
B. Regulatory Flexibility Act
As
prior notice and an opportunity for public comment are not required pursuant to
5 U.S.C. 553 or any other law, neither a Regulatory Flexibility Act analysis
nor a certification under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) is required. See 5 U.S.C. 603.
C. Executive Order 12866 (Regulatory
Planning and Review)
This
rulemaking has been determined to be not significant for purposes of Executive
Order 12866 (September 30, 1993), as amended by Executive Order 14094 (April 6,
2023).
D. Executive Order 13132 (Federalism)
This
rulemaking pertains strictly to Federal agency procedures and does not contain
policies with federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (August 4, 1999).
E. Paperwork Reduction Act
This
final rule does not impact information collection requirements that are subject
to review by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 19 CFR Part 351
Administrative
practice and procedure, Antidumping, Business and industry, Confidential
business information, Countervailing duties, Freedom of information,
Investigations, Reporting and recordkeeping requirements.
Dated:
December 16, 2024.
Ryan Majerus, Deputy Assistant Secretary
for Policy and Negotiations, performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.
For
the reasons stated above, the U.S. Department of Commerce amends 19 CFR part
351 as follows:
PART 351 - ANTIDUMPING AND COUNTERVAILING
DUTIES
0
1. The authority citation for part 351
continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C.
1303 note; 19 U.S.C. 1671 et seq.
0
2. Revise annexes I through IV to read as
follows:
Annex I to Part 351--Deadlines
for Parties in Countervailing Investigations
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Initiation
|
|
|
31 days \2\
|
Notification of difficulty in responding
to questionnaire
|
351.301(c)(1)(iii) (14 days after date of
receipt of initial questionnaire).
|
|
35 days
|
Submission of factual information not
directly responsive to or relating to that described in 351.102(b)(21)(i)-(iv)
|
351.301(c)(5) (30 days before preliminary
determination) or 14 days before verification.
|
|
20 days*
|
Submission of factual information to
measure adequacy of remuneration
|
351.301(c)(3)(i)(B) (45 days before
preliminary determination).
|
|
30 days*
|
Rebuttal, clarification, or correction of
factual information to measure adequacy of remuneration
|
351.301(c)(3)(iv) (10 days after filing of
factual information to measure adequacy of remuneration).
|
|
47 days
|
Application for an administrative protective
order
|
351.305(b)(3) (before submission of the
first response to the initial questionnaire).
|
[[Page 103635]]
|
40 days *
|
Request for postponement by petitioner
|
351.205(e) (25 days or more before preliminary
determination).
|
|
45 days *
|
Allegation of critical circumstances
|
351.206(c)(2)(i) (20 days before preliminary
determination).
|
|
47 days
|
Initial Questionnaire response
|
351.301(c)(1)(i) (30 days from date of receipt
of initial questionnaire).
|
|
65 days (May be postponed to 130 days)
|
Preliminary determination
|
351.205(b)(1) (65 days after initiation
of the investigation, but may be extended to 130 days after initiation
of investigation).
|
|
72 days
|
Submission of proposed suspension
agreement
|
351.208(f)(1)(i)(B) (7 days after preliminary
determination).
|
|
75 days
|
Submission of ministerial error Comments
after preliminary determination
|
351.224(c)(2) (5 days after the earlier
of the release of disclosure documents or a disclosure meeting).
|
|
77 days \3\
|
Request to align a CVD case with a concurrent
AD case
|
351.210(i) (5 days after date of
publication of preliminary determination).
|
|
102 days
|
Request for a hearing
|
351.310(c) (30 days after date of publication
of preliminary determination).
|
|
119 days
|
Critical circumstances allegation
|
351.206(e) (21 days or more before final determination).
|
|
122 days
|
Requests for closed hearing Sessions
|
351.310(f) (No later than the date the case
briefs are due).
|
|
122 days
|
Submission of briefs
|
351.309(c)(1)(i) (50 days after date of publication
of preliminary determination).
|
|
125 days
|
Allegation of upstream subsidies
|
351.301(c)(2)(iv)(C)(60 days after the preliminary
determination).
|
|
127 days
|
Submission of rebuttal briefs
|
351.309(d)(1) (5 days after deadline for
filing case brief).
|
|
129 days
|
Hearing
|
351.310(d)(1) (2 days after submission of
rebuttal briefs).
|
|
140 days \4\ (May be postponed to 230 days)
|
Final determination
|
351.210(b)(1) (75 days after preliminary determination,
but may be postponed to 165 days after preliminary determination).
|
|
150 days
|
Submission of ministerial error comments
after final determination
|
351.224(c)(2) (5 days after the earlier
of the release of disclosure documents or a disclosure meeting).
|
|
155 days
|
Submission of replies to ministerial
error comments
|
351.224(c)(3) (5 days after filing of
ministerial error comments).
|
|
192 days
|
Order issued
|
351.211(b) (7 days after affirmative
final injury determination).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
date of initiation. Most of the deadlines shown here are approximate. The
actual deadline in any particular segment of a proceeding may depend on the
date of an earlier event or be established by the Secretary.
\2\ Assumes that the Department sends out
the questionnaire within 10 days of the initiation and allows 7 days for
receipt of the questionnaire from the date on which it was transmitted.
\3\ Assumes that the Preliminary
Determination is published 7 days after issuance (i.e., signature).
\4\ Assumes that the Preliminary
Determination is published 7 days after issuance (i.e., signature).
* Date may change if Preliminary
Determination is postponed.
Annex II to Part 351--Deadlines
for Parties in Countervailing Administrative Reviews
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Request for review
|
351.213(b)(1) (Last day of the anniversary
month).
|
|
30 days
|
Publication of initiation notice
|
351.221(c)(1)(i) (End of month following
the anniversary month).
|
|
66 days \2\
|
Notification of difficulty in responding
to questionnaire
|
351.301(c)(1)(iii) (14 days after date of
receipt of initial questionnaire).
|
|
75 days
|
Application for an administrative
protective order
|
351.305(b)(3) (before submission of first
response).
|
|
90 days \3\
|
Initial Questionnaire response
|
351.301(c)(2)(iii) (At least 30 days
after date of receipt of initial questionnaire).
|
|
104 days
|
Submission of factual information to
rebut, clarify, or correct initial questionnaire response
|
351.301(c)(1)(v) (14 days after initial questionnaire
response).
|
|
110 days
|
Countervailable subsidy allegation
|
351.301(c)(2)(iv)(B) (20 days after filing
of all responses to initial questionnaire).
|
|
120 days
|
Withdrawal of request for review
|
351.213(d)(1) (90 days after date of publication
of initiation).
|
|
130 days
|
Request for verification
|
351.307(b)(1)(v) (100 days after date of publication
of initiation).
|
|
185 days*
|
Submission of factual information to measure
adequacy of remuneration
|
351.301(c)(3)(ii) (60 days before
preliminary results).
|
|
195 days
|
Rebuttal, clarification, or correction of
factual information to measure adequacy of remuneration
|
351.301(c)(3)(iv) (10 days after filing
of factual information to measure adequacy of remuneration).
|
|
215 days*
|
Submission of factual information not
directly responsive to or relating to that described in 351.102(b)(21)(i)‑(iv)
|
351.301(c)(5) (30 days before preliminary
results).
|
|
245 days (May be extended to 365 days)
|
Preliminary results of review
|
351.213(h)(1) (245 days after the last day
of the anniversary month, but maybe extended to 365 days after the last day
of the anniversary).
|
|
282 days \4\
|
Request for a hearing
|
351.310(c) (30 days after date of publication
of preliminary results).
|
|
282 days
|
Request for a closed hearing session
|
351.310(f) (date on which the case briefs
are due).
|
|
282 days
|
Submission of briefs
|
351.309(c)(1)(ii) (30 days after date of publication
of preliminary results).
|
|
287 days
|
Submission of rebuttal briefs
|
351.309(d)(1) (5 days after deadline for filing
case briefs).
|
|
289 days
|
Hearing
|
351.310(d)(1) (2 days after submission of
rebuttal briefs).
|
[[Page 103636]]
|
372 days \5\ (May be extended to 422 days)
|
Final results of review
|
351.213(h)(1) (120 days after date of publication
of preliminary results, but may be extended to 180 days after date of
publication of preliminary results).
|
|
382 days
|
Submission of ministerial error comments
|
351.224(c)(2) (5 days after the earlier
of the release of disclosure documents or the disclosure meeting).
|
|
387 days
|
Replies to ministerial error comments
|
351.224(c)(3) (5 days after filing of
comments).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
end of the anniversary month. Most of the deadlines shown here are approximate.
The actual deadline in any particular segment of a proceeding may depend on the
date of an earlier event or be established by the Secretary.
\2\ Assumes that the Department sends out
the questionnaire 45 days after the last day of the anniversary month and
allows 7 days for receipt of the questionnaire from the date on which it was
transmitted.
\3\ Assumes that the Department sends out
the questionnaire on day 45 and the response is due 45 days later.
\4\ Assumes that the Preliminary Results
are published 7 days after issuance (i.e., signature).
\5\ Assumes that the Preliminary Results
are published 7 days after issuance (i.e., signature).
* Date may change if Preliminary Results
are extended.
Annex III to Part 351--Deadlines
for Parties in Antidumping Investigations
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Initiation
|
|
|
21 days
|
Application/certification for separate
rate
|
351.108(d)(1) (21 days after publication).
|
|
37 days
|
Application for an administrative
protective order
|
351.305(b)(3) (before submission of first
response to initial questionnaire).
|
|
50 days
|
Country-wide cost allegation
|
351.301(c)(2)(iii) (20 days after date on
which initial questionnaire was transmitted).
|
|
51 days \2\
|
Notification of difficulty in responding
to questionnaire
|
351.301(c)(1)(iii) (Within 14 days after
date of receipt of initial questionnaire).
|
|
51 days
|
Section A response
|
None.
|
|
67 days
|
Sections B, C, D,
E responses
|
351.301(c)(1)(i) (At least 30 days after date
of receipt of initial questionnaire).
|
|
77 days
|
Viability arguments
|
351.301(c)(2)(i) (10 days after response to
relevant section of the questionnaire was filed).
|
|
80 days *
|
Submission of publicly available
information to value factors (nonmarket economy)
|
351.301(c)(3)(i)(A) (60 days before date
of publication of preliminary determination).
|
|
87 days
|
Company-specific cost allegations
|
351.301(c)(2)(ii)(A) (within 20 days
after response to relevant section of questionnaire was filed).
|
|
87 days
|
Major input cost allegations
|
351.301(c)(2)(iii) (within 20 days after response
to relevant section of questionnaire was filed).
|
|
110 days * \3\
|
Submission of other factual information
|
351.301(c)(5) (The sooner of 30 days
before preliminary determination or 14 days before verification).
|
|
115 days
|
Request for postponement by petitioner
|
351.205(e) (25 days or more before
preliminary determination).
|
|
120 days
|
Allegation of critical circumstances
|
351.206(c)(2)(i) (20 days before
preliminary determination).
|
|
140 days (May be postponed to 190 days)
|
Preliminary determination
|
351.205(b)(1) (140 days after the
publication of initiation, but may be extended to 190 days after the publication
of initiation).
|
|
150 days
|
Submission of ministerial error comments
|
351.224(c)(2) (5 days after release of
disclosure documents or holding of a disclosure meeting).
|
|
155 days
|
Submission of proposed suspension
agreement
|
351.208(f)(1)(i)(A) (15 days after
preliminary determination).
|
|
177 days \4\
|
Request for a hearing
|
351.310(c) (30 days after date of publication
of preliminary determination).
|
|
194 days
|
Critical circumstance allegation
|
351.206(e) (21 days before final determination).
|
|
197 days (May be changed)
|
Request for closed hearing sessions
|
351.310(f) (No later than the date the
case briefs are due).
|
|
197 days (May be changed)
|
Submission of briefs
|
351.309(c)(1)(i) (50 days after date of publication
of preliminary determination).
|
|
202 days
|
Submission of rebuttal briefs
|
351.309(d)(1) (5 days after deadline for filing
case briefs).
|
|
204 days
|
Hearing
|
351.310(d)(1) (2 days after submission of
rebuttal briefs).
|
|
215 days
|
Request for postponement of the final
determination
|
351.210(e).
|
|
222 days \5\ (May be postponed to 275 days)
|
Final determination
|
351.210(b)(1) (75 days after the date of
publication of preliminary determination, but may be postponed to 135 days
after the date of publication of preliminary determination).
|
|
232 days
|
Submission ministerial error comments
|
351.224(c)(2) (5 days after release of
disclosure documents or holding of a disclosure meeting).
|
|
237 days
|
Replies to ministerial error comments
|
351.224(c)(3) (5 days after filing of
comments).
|
|
274 days
|
Order issued
|
351.211(b).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
date of initiation. Most of the deadlines shown here are approximate. The actual
deadline in any particular segment of a proceeding may depend on the date of an
earlier event or be established by the Secretary.
\2\ Assumes that the Department sends out
the questionnaire 5 days after the ITC vote and allows 7 days for receipt of
the questionnaire from the date on which it was transmitted.
\3\ Assumes 30 days before the preliminary
determination is sooner than verification.
\4\ Assumes that the Preliminary
Determination is published 7 days after issuance (i.e., signature).
[[Page 103637]]
\5\ Assumes that the Preliminary
Determination is published 7 days after issuance (i.e., signature).
* Date may change if Preliminary
Determination is postponed.
Annex IV to Part 351--Deadlines
for Parties in Antidumping Administrative Reviews
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Request for review
|
351.213(b)(1) (During the anniversary month).
|
|
30 days
|
Publication of initiation
|
351.221(c)(1)(i) (End of month following the
anniversary month).
|
|
37 days
|
Application for an administrative
protective order
|
351.305(b)(3) (Before submission of first
response to initial questionnaire).
|
|
44 days
|
Application/certification for separate
rate
|
351.108(d)(2) (14 days after publication
of initiation).
|
|
60 days
|
Request for examine absorption of duties
(AD)
|
351.213(j) (30 days after date of
publication of initiation).
|
|
66 days \2\
|
Notification of difficulty in responding
to questionnaire
|
351.301(c)(1)(iii) (14 days after date of
receipt of initial questionnaire).
|
|
66 days
|
Section A response
|
None.
|
|
85 days
|
Viability arguments
|
351.301(c)(2)(i) (10 days after relevant section
is filed).
|
|
90 days \3\
|
Sections B, C, D,
E response
|
351.301(c)(1)(i) (At least 30 days after
date of receipt of initial questionnaire).
|
|
110 days
|
Company-specific cost allegations
|
351.301(c)(2)(ii)(B) (20 days after
relevant section is filed).
|
|
110 days
|
Major input cost allegations
|
351.301(c)(2)(iii) (20 days after relevant
section is filed).
|
|
120 days
|
Withdrawal of request for review
|
351.213(d)(1) (90 days after date of
publication of initiation).
|
|
130 days
|
Request for verification
|
351.307(b)(1)(v) (100 days after date of publication
of initiation).
|
|
140 days
|
Submission of factual information
|
351.301(b)(2).
|
|
185 days
|
Submission of publicly available
information to value factors (nonmarket economy)
|
351.301(c)(3)(ii) (60 days before date of
publication of preliminary results).
|
|
215 days \4\
|
Submission of other factual information
|
351.301(c)(5) (The sooner of 30 days
before preliminary results or 14 days before verification).
|
|
245 days (May be extended to 365 days)
|
Preliminary results of review
|
351.213(h)(1) (245 days after the last day
of the anniversary month, but may be extended to 365 days after the last day
of the anniversary month).
|
|
282 days
|
Request for a hearing and/or closed
hearing session
|
351.310(c); 351.310(f) (30 days
after date of publication of preliminary results).
|
|
282 days
|
Submission of briefs
|
351.309(c)(1)(ii) (30 days after date of publication
of preliminary results).
|
|
287 days
|
Submission of rebuttal briefs
|
351.309(d)(1) (5 days after deadline for filing
case briefs).
|
|
289 days
|
Hearing; closing hearing session
|
351.310(d)(1) (2 days after submission of
rebuttal briefs).
|
|
372 days \5\ (May be extended)
|
Final results of review
|
351.213(h)(1) (120 days after the date of
publication of preliminary results, but may be extended to 300 days after the
date of publication of the preliminary results).
|
|
382 days
|
Ministerial error comments
|
351.224(c)(2) (5 days after release of disclosure
documents).
|
|
387 days
|
Replies to ministerial error comments
|
351.224(c)(3) (5 days after filing of
comments).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
end of the anniversary month. Most of the deadlines shown here are approximate.
The actual deadline in any particular segment of a proceeding may depend on the
date of an earlier event or be established by the Secretary.
\2\ Assumes that the Department sends out
the questionnaire 45 days after the last day of the anniversary month and
allows 7 days for receipt of the questionnaire from the date on which it was
transmitted.
\3\ Assumes that the Department sends out
the questionnaire on day 45 and the response is due 45 days later.
\4\ Assumes 30 days before the Preliminary
Results is earlier than 14 days before verification.
\5\ Assumes that the Preliminary Results
are published 7 days after issuance (i.e., signature).
Annex V [Removed and Reserved]
0
3. Remove and reserve annex V.
0
4. Revise annex VIII-A through VIII-C to
read as follows:
Annex VIII-A to Part 351--Deadlines
for Parties in 90-Day Sunset Reviews
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Initiation
|
351.218(c).
|
|
15 days
|
Filing of Notice of Intent to Participate
by domestic interested parties
|
351.218(d)(1)(i) (not later than 15 days
after the date of publication of the Notice of Initiation).
|
|
20 days
|
Notification to the ITC that no domestic
interested party(s) has responded to the Notice of Initiation
|
351.218(d)(1)(iii)(B)(2) (normally not
later than 20 days after the date of publication of the Notice of
Initiation).
|
|
30 days
|
Filing of substantive response to the
Notice of Initiation by all interested parties; industrial users; and consumers
|
351.218(d)(3)(i) and 351.218(d)(3)(vi)
(not later than 30 days after the date of publication of the Notice of
Initiation).
|
|
35 days
|
Filing of rebuttal to substantive
response to the Notice of Initiation
|
351.218(d)(4) (not later than 5 days
after the substantive response is filed with the Department).
|
|
40 days
|
Notification to the ITC that no domestic
interested party(s) provided adequate response to the Notice of Initiation
|
351.218(e)(1)(i)(C)(2) (normally not
later than 40 days after the date of publication of the Notice of
Initiation).
|
[[Page 103638]]
|
90 days
|
Final determination revoking an order or
terminating a suspended investigation where no domestic interested party(s)
responds to the Notice of Initiation
|
351.218(d)(1)(iii)(B)(3) and 351.222(i)(1)(i)
(normally not later than 90 days after the date of publication of the notice
of Initiation).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
date of publication of the Notice of Initiation. Most of the deadlines shown
here are approximate. The actual deadline in any particular segment of a
proceeding may depend on the date of an earlier event or be established by the
Secretary.
Annex VIII-B to Part 351--Deadlines
for Parties in Expedited Sunset Reviews
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Initiation
|
351.218(c).
|
|
15 days
|
Filing of Notice of Intent to Participate
by domestic interested parties
|
351.218(d)(1)(i) (not later than 15 days
after the date of publication of the Notice of Initiation).
|
|
30 days
|
Filing of Statement of Waiver by
respondent interested parties
|
351.218(d)(2)(i) (not later than 30 days
after the date of publication of the Notice of Initiation).
|
|
30 days
|
Filing of a complete substantive response
to the Notice of Initiation by all interested parties and industrial users
and consumers
|
351.218(d)(3)(i) and 351.218(d)(3)(vi)
(not later than 30 days after the date of publication of the Notice of
Initiation).
|
|
35 days
|
Filing of rebuttal to substantive
response to the Notice of Initiation
|
351.218(d)(4) (not later than 5 days
after the substantive response is filed with the Department).
|
|
50 days
|
Written notification to the ITC that
respondent interested parties provided inadequate response to the Notice of
Initiation
|
351.218(e)(1)(ii)(C)(1) (normally not
later than 50 days after the date of publication of the Notice of
Initiation).
|
|
70 days
|
Comments on adequacy of response and
appropriateness of expedited sunset review
|
351.309(e)(ii) (not later than 70 days
after the date of publication of the Notice of Initiation).
|
|
120 days
|
Final results of expedited sunset review
where respondent interested parties, and foreign governments, provide inadequate
response to the Notice of Initiation
|
351.218(e)(1)(ii)(B) and 351.218(e)(1)(ii)(C)(2)
(not later than 120 days after the date of publication of the Notice of
Initiation).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
date of publication of the Notice of Initiation. Most of the deadlines shown
here are approximate. The actual deadline in any particular segment of a
proceeding may depend on the date of an earlier event or be established by the
Secretary.
Annex VIII-C to Part 351--Deadlines
for Parties in Full Sunset Reviews
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Initiation
|
|
|
15 days
|
Filing of Notice of Intent to Participate
by domestic interested parties
|
351.218(d)(1)(i) (not later than 15 days after
the date of publication of the Notice of Initiation).
|
|
30 days
|
Filing of Statement of Waiver by
respondent interested parties
|
351.218(d)(2)(i) (not later than 30 days
after the date of publication of the Notice of Initiation).
|
|
30 days
|
Filing of substantive response to the
Notice of Initiation by all interested parties; industrial users; and consumers
|
351.218(d)(3)(i) and 351.218(d)(3)(vi)
(not later than 30 days after the date of publication of the Notice of
Initiation).
|
|
35 days
|
Filing of rebuttal to substantive response
to the Notice of Initiation
|
351.218(d)(4) (not later than 5 days
after the substantive response is filed with the Department).
|
|
110 days
|
Preliminary results of full sunset review
|
351.218(f)(1) (normally not later than 110
days after the date of publication of the Notice of Initiation).
|
|
120 days
|
Verification in a full sunset review,
where needed
|
351.218(f)(2)(ii) (normally an approximate
of 120 days after the date of publication of the Notice of Initiation).
|
|
160 days
|
Filing of case brief in full sunset
review
|
351.309(c)(1)(i) (50 days after the date
of publication of the preliminary results of full sunset review).
|
|
165 days
|
Filing of rebuttal brief in full sunset
review
|
351.309(d)(1) (5 days after the time
limit for filing a case brief, unless the Secretary alters the time limit).
|
|
167 days
|
Public hearing in full sunset review if
requested
|
351.310(d)(i) (ordinarily 2 days
after the time limit for filing a rebuttal brief, unless the Secretary alters
the date).
|
|
240 days
|
Final results of full sunset review
|
351.218(f)(3)(i) (normally not later than
240 days after the date of publication of the Notice of Initiation).
|
|
330 days (may be extended to 420 days)
|
Final results of full sunset review if
fully extended
|
351.218(f)(3)(ii) (if full sunset review is
extraordinarily complicated, period for issuing final results, but may be extended
by not more than 90 days).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
date of publication of the Notice of Initiation. Most of the deadlines shown
here are approximate. The actual deadline in any particular segment of a
proceeding may depend on the date of an earlier event or be established by the
Secretary.
[[Page 103639]]
0
5. Add annexes IX and X to read as follows:
Annex IX to Part 351--Deadlines
for Parties in Scope Rulings
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Secretary's self-initiation or filing of
scope rule application
|
351.225(b)/(c)(1).
|
|
10 days
|
Comments on adequacy of the request by
non-applicant
|
351.225(c)(3) (10 days after applicant filed
application under (c)(1)).
|
|
24 days
|
Comments and factual information
Submission of rebuttal addressing self‑initiation
|
351.225(f)(1) (14 days after comments
were filed under (b)).
|
|
30 days
|
Secretary's determination whether to
initiate inquiry
|
351.225(d)(1) (30 days after application
was filed or response to questionnaire is filed).
|
|
30 days
|
Submission of comments and factual information
addressing self-initiation
|
351.225(f)(1) (30 days after Secretary's self-initiated
scope inquiry under (b)).
|
|
31 days \2\
|
Issuance of preliminary scope ruling
|
351.225(g).
|
|
45 days \3\
|
Issuance of questionnaires
|
351.225(f)(3).
|
|
45 days
|
Scope comments under (g)
|
351.225(f)(4) (14 days after issuance of preliminary
scope ruling).
|
|
52 days
|
Rebuttal comments under (g)
|
351.225(f)(4) (7 days after scope comments
were filed under (f)(4)).
|
|
60 days
|
Comments and factual information Submission
of rebuttal by non‑applicant
|
351.225(f)(2) (30 days after initiation
under (d)(1)).
|
|
74 days
|
Comments and factual information
Submission of rebuttal by applicant
|
351.225(f)(2) (14 days after rebuttal by non-applicant
was filed under (d)(1)).
|
|
90 days
|
Comments and factual information Response
to questionnaires
|
351.225(f)(3) (specified by the Secretary).
|
|
104 days
|
Comments and factual information Rebuttal
to questionnaire response
|
351.225(f)(3) (14 days after questionnaire
response was filed by original submitter).
|
|
111 days
|
Comments and factual information Rebuttal
to questionnaire response's rebuttal
|
351.225(f)(3) (7 days after rebuttal to
questionnaire response was filed).
|
|
120 days (may be extended to 300 days)
|
Issuance of final scope ruling
|
351.225(e)(1) (120 days after initiation
under (b) or (d), but may be extended to 300 days after initiation).
|
|
|
Publication of final scope rulings
|
351.225(o) (quarterly).
|
|
|
Publication of scope clarifications
|
351.225(q).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from the
date of initiation. Most of the deadlines shown here are approximate. The
actual deadline in any particular segment of a proceeding may depend on the
date of an earlier event or be established by the Secretary.
\2\ Assumes the Secretary did not issue a
preliminary scope ruling concurrently with the Initiation of the scope inquiry.
\3\ Assumes that the Department sends out
the questionnaire on day 45 and the response is due 45 days later.
Annex X to Part 351--Deadlines
for Parties in Circumvention Inquiries
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Circumvention inquiry request or self‑initiation
|
351.226(b).
|
|
10 days
|
Comments and information on the adequacy
of the request
|
351.226(c)(3) (10 days after the circumvention
inquiry request is filed).
|
|
15 days
|
Rebuttal comments
|
351.226(c)(3) (5 days after new factual information
in support of adequacy comments is filed).
|
|
30 days
|
Initiation determination of circumvention
inquiry based on a request
|
351.226(d)(1) (30 days after the circumvention
inquiry request is filed unless Secretary finds it is impracticable or seeks
clarification).
|
|
30 days
|
Comments and information addressing
self-initiation
|
351.226(f)(1) (30 days after a circumvention
inquiry is self‑initiated).
|
|
30 days
|
Scope ruling application rebuttal
comments
|
351.226(f)(2) (30 days after a circumvention
inquiry is initiated under paragraph (d)(1)).
|
|
44 days
|
Applicant rebuttal comments
|
351.226(f)(2) (14 days after scope ruling
application rebuttal comments are filed).
|
|
157 days \2\
|
Preliminary determination of self‑initiated
circumvention inquiry
|
351.226(e)(1) (150 days after the notice of
self-initiation is published).
|
|
187 days \3\
|
Preliminary determination of circumvention
inquiry based on a request
|
351.226(e)(1) (150 days after the notice of
initiation is published).
|
|
171 days
|
Preliminary determination comments in
self-initiated circumvention inquiry
|
351.226(f)(4) (14 days after the preliminary
determination is issued).
|
|
201 days
|
Preliminary determination comments in
circumvention inquiry based on a request
|
351.226(f)(4) (14 days after the preliminary
determination is issued).
|
|
178 days
|
Preliminary determination rebuttal
comments in self‑initiated circumvention inquiry
|
351.226(f)(4) (7 days after the preliminary
determination are filed).
|
|
208 days
|
Preliminary determination rebuttal
comments in circumvention inquiry based on a request
|
351.226(f)(4) (7 days after the preliminary
determination are filed).
|
|
300 days or 365 days
|
Final determination of self‑initiated
circumvention inquiry
|
351.226(e)(2) (300 days after the notice of
initiation is published) (May be extended by no more than 65 days).
|
|
330 days or 395 days
|
Final determination of circumvention
inquiry based on a request
|
351.226(e)(2) (300 days after the notice
of initiation is published) (May be extended by no more than 65 days).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the number of days from
Initiation. Most of the deadlines shown here are approximate. The actual
deadline in any particular segment of a proceeding may depend on the date of an
earlier event or be established by the Secretary.
[[Page 103640]]
\2\ Assumes that the Preliminary Results
are published 7 days after issuance (i.e., signature).
\3\ Assumes that the Preliminary Results
are published 7 days after issuance (i.e., signature).
0
6. Add annexes XI-A and XI-B to read as
follows:
Annex XI-A to Part 351--Deadlines for
Covered Merchandise Referral Without Preliminary Determination
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0 days
|
Initiation
|
351.227(b)(1) (within 20 days after acknowledging
receipt of a covered merchandise referral from U.S. Customs and Border Protection).
|
|
30 days
|
Filing of comments and factual
information to the Notice of Initiation by interested parties
|
351.227(d)(1) (within 30 days after publication
of the notice of an initiation of a covered merchandise).
|
|
44 days
|
Filing of rebuttal comments and factual
information to the Notice of Initiation by other interested parties
|
351.227(d)(1) (within 14 days after filing
of comments and factual information by interested parties).
|
|
X \1\ days
|
Questionnaire submission received by
Commerce
|
351.227(d)(2) (after the initiation of a covered
merchandise inquiry).
|
|
X + 14 days
|
Filing of rebuttal, clarification, or
correction of factual comment by an interested party other than the original
submitter to the questionnaire response
|
351.227(d)(2) (within 14 days after a questionnaire
response has been filed with the Secretary by the original submitter).
|
|
X + 21 days
|
Filing of rebuttal, clarification, or
correction comment to the rebuttal, clarification, or correction of factual
comment of the interested party by the original submitter
|
351.227(d)(2) (within 7 days of the filing
of the rebuttal comment by interested party).
|
|
120 days
|
Final covered merchandise determination
|
351.227(c)(1) (within 120 days from the date
of publication of the Notice of Initiation, unless (1) extended by no more
than 150 days under 351.227(c)(2), or (2) aligned with other segments under
351.227(c)(3)).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the approximate number of
days from the date of publication of the Notice of Initiation. Most of the
deadlines shown here are approximate. The actual deadline in any particular
segment of a proceeding may depend on the date of an earlier event or be
established by the Secretary.
\2\ X represents the date a questionnaire
is received by Commerce.
Annex IX-B to Part 351--Deadlines for
Covered Merchandise Referral With Preliminary Determination
--------------------------------------------------------------------------------------------------------------
Day \1\ Event Regulation
--------------------------------------------------------------------------------------------------------------
|
0
|
Initiation \2\
|
351.227(b)(1) (within 20 days after acknowledging
receipt of a covered merchandise referral from U.S. Customs and Border Protection).
|
|
30
|
Filing of comments and factual information
to the Notice of Initiation by interested parties
|
351.227(d)(1) (within 30 days after publication
of the notice of an initiation of a covered merchandise).
|
|
44
|
Filing of rebuttal comments and factual
information to the Notice of Initiation by other interested parties
|
351.227(d)(1) (within 14 days after filing
of comments and factual information by interested parties).
|
|
X \3\
|
Questionnaire submission received by
Commerce
|
351.227(d)(2) (after the initiation of a covered
merchandise inquiry).
|
|
X + 14
|
Filing of rebuttal, clarification, or
correction of factual comment by an interested party other than the original
submitter to the questionnaire response
|
351.227(d)(2) (within 14 days after a questionnaire
response has been filed with the Secretary by the original submitter).
|
|
X + 21
|
Filing of rebuttal, clarification, or
correction comment to the rebuttal, clarification, or correction of factual comment
of the interested party by the original submitter
|
351.227(d)(2) (within 7 days of the filing
of the rebuttal comment by interested party).
|
|
Z \4\
|
Preliminary Determination
|
351.227(e) (may be between concurrently with
Initiation and before Final Determination).
|
|
Z + 14 \5\
|
Comment to Preliminary Determination by
interested parties
|
351.227(d)(3) (within 14 days after Preliminary
Determination unless otherwise specified by Commerce).
|
|
Z + 21
|
Rebuttal comment to comment to
Preliminary Determination by other interested parties \3\
|
351.227(d)(3) (within 7 days after comment
to Preliminary Determination unless otherwise specified by Commerce).
|
|
120
|
Final covered merchandise determination
|
351.227(c)(1) (within 120 days from the
date of publication of the Notice of Initiation, unless (1) extended by no more
than 150 days under 351.227(c)(2), or (2) aligned with other segments under
351.227(c)(3)).
|
--------------------------------------------------------------------------------------------------------------
\1\ Indicates the approximate number of
days from the date of publication of the Notice of Initiation. Most of the
deadlines shown here are approximate. The actual deadline in any particular
segment of a proceeding may depend on the date of an earlier event or be
established by the Secretary.
[[Page 103641]]
\2\ Commerce may issue a preliminary
determination, either concurrently with the initiation or not. 19 CFR
351.227(e)(1). If Commerce issues a Preliminary Determination concurrently with
Initiation, 19 CFR 351.227(d)(1)-(3) will not apply, pursuant to 19 CFR
351.227(d)(4). In such cases, Commerce will establish appropriate procedures on
a case-specific basis. 19 CFR 351.227(d)(4).
\3\ X represents the date a questionnaire
is received by Commerce.
\4\ Z represents the date of the
Preliminary Determination.
\5\ If a Preliminary Determination is not
issued concurrently with Initiation, Commerce will establish a schedule for the
filing of comments and rebuttal comments to the Preliminary Determination. 19 CFR
351.227(d)(3).
[FR Doc. 2024-30257 Filed 12-18-24; 8:45
am]
BILLING CODE 3510-DS-P
__________