19 CFR Part 351 — Antidumping and Countervailing Duties

PART 351—ANTIDUMPING AND COUNTERVAILING DUTIES 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.; Source: 62 FR 27379, May 19, 1997, unless otherwise noted. Editorial Note: Nomenclature changes to part 351 appear at 78 FR 62418, Oct. 22, 2013, and at 89 FR 20832, Mar. 25, 2024. Subpart A—Scope, Definitions, the Record of Proceedings, Cash Deposits, Nonmarket Economy Antidumping Rates, All-Others Rate, and Respondent Selection § 351.101 Scope. (a) In general. et seq. (b) Countervailing duty investigations involving imports not entitled to a material injury determination. (c) Application to governmental importations. § 351.102 Definitions. (a) Introduction. (1) Defines terms that appear in the Act but are not defined in the Act; (2) Defines terms that appear in this Part but do not appear in the Act; and (3) Elaborates on the meaning of certain terms that are defined in the Act. (b) Definitions. Act. (2) Administrative review. (3) Affiliated persons; affiliated parties. (4) Aggregate basis. (5) Anniversary month. (6) APO. (7) Applicant. (8) Article 4/Article 7 review. (9) Article 8 violation review. (10) Authorized applicant. (11) Changed circumstances review. (12) Consumed in the production process. (13) Cumulative indirect tax. (14) Days. (15) Department. (16) Direct tax. (17) Domestic interested party. (18) Expedited antidumping review. (19) Expedited sunset review. (20) Export insurance. (21) Factual information. (i) Evidence, including statements of fact, documents, and data submitted either in response to initial and supplemental questionnaires, or, to rebut, clarify, or correct such evidence submitted by any other interested party; (ii) Evidence, including statements of fact, documents, and data submitted either in support of allegations, or, to rebut, clarify, or correct such evidence submitted by any other interested party; (iii) Publicly available information submitted to value factors under § 351.408(c) or to measure the adequacy of remuneration under § 351.511(a)(2), or, to rebut, clarify, or correct such publicly available information submitted by any other interested party; (iv) Evidence, including statements of fact, documents and data placed on the record by the Department, or, evidence submitted by any interested party to rebut, clarify or correct such evidence placed on the record by the Department; and (v) Evidence, including statements of fact, documents, and data, other than factual information described in paragraphs (b)(21)(i)-(iv) of this section, in addition to evidence submitted by any other interested party to rebut, clarify, or correct such evidence. (22) Fair value. (23) Firm. (24) Full sunset review. (25) Government-provided. (26) Import charge. (27) Importer. (28) Indirect tax. (29) Interested party. (i) A foreign manufacturer, producer, or exporter of subject merchandise, (ii) The United States importer of subject merchandise, (iii) A trade or business association a majority of the members of which are producers, exporters, or importers of subject merchandise, (iv) The government of a country in which subject merchandise is produced or manufactured or from which such merchandise is exported, (v) A manufacturer, producer, or wholesaler in the United States of a domestic like product, (vi) A certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product, (vii) A trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States, (viii) An association, a majority of whose members is composed of interested parties described in subparagraph (C), (D), or (E) of section 771(9) of the Act with respect to a domestic like product, and (ix) A coalition or trade association as described in section 771(9)(G) of the Act. (30) Investigation. (i) Notice of termination of investigation, (ii) Notice of rescission of investigation, (iii) Notice of a negative determination that has the effect of terminating the proceeding, or (iv) An order. (31) Loan. (32) Long-term loan. (33) New shipper review. (34) Order. (35) Ordinary course of trade. (36) Party to the proceeding. (37) Person. (38) Price adjustment. see (39) Prior-stage indirect tax. (40) Proceeding. (i) Dismissal of petition, (ii) Rescission of initiation, (iii) Termination of investigation, (iv) A negative determination that has the effect of terminating the proceeding, (v) Revocation of an order, or (vi) Termination of a suspended investigation. (41) Rates. (42) Respondent interested party. (43) Sale. (44) Secretary. (45) Section 753 review. (46) Section 762 review. (47) Segment of proceeding In general. (ii) Examples. (48) Short-term loan. (49) Sunset review. (50) Suspension of liquidation. (51) Third country. (52) URAA. (53) U.S. Customs and Border Protection. U.S. Customs and Border Protection [73 FR 3640, Jan. 22, 2008, as amended at 78 FR 21254, Apr. 10, 2013; 81 FR 15645, Mar. 24, 2016; 89 FR 20832, Mar. 25, 2024] § 351.103 Central Records Unit and Administrative Protective Order and Dockets Unit. (a) Enforcement and Compliance's Central Records Unit maintains a Public File Room in Room B8024, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. The office hours of the Public File Room are between 8:30 a.m. and 5 p.m. Eastern Time on business days. Visitors to the Public File Room should consult the ACCESS website at https://access.trade.gov see (b) Enforcement and Compliance's Administrative Protective Order and Dockets Unit (APO/Dockets Unit) is located in Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. The office hours of the APO/Dockets Unit are between 8:30 a.m. and 5 p.m. Eastern Time on business days. Visitors to the APO/Dockets Unit should consult the ACCESS website at https://access.trade.gov (c) Filing of documents with the Department. (d) The APO/Dockets Unit will maintain and make available a public service list for each segment of a proceeding. The service list for an application for a scope ruling is described in § 351.225(n). The service list for a request for a circumvention inquiry is described in § 351.226(n). (1) With the exception of a petitioner filing a petition in an investigation pursuant to § 351.202, an interested party filing a scope ruling application pursuant to § 351.225(c), an interested party filing a request for a circumvention inquiry pursuant to § 351.226(c), and those relevant parties identified by U.S. Customs and Border Protection in a covered merchandise referral pursuant to § 351.227, all persons wishing to participate in a segment of a proceeding must file an entry of appearance. The entry of appearance must identify the name of the interested party, how that party qualifies as an interested party under § 351.102(b)(29) and section 771(9) of the Act, and the name of the firm, if any, representing the interested party in that particular segment of the proceeding. All persons who file an entry of appearance and qualify as an interested party will be included in the public service list for the segment of the proceeding in which the entry of appearance is submitted. The entry of appearance may be filed as a cover letter to an application for APO access. If the representative of the interested party is not requesting access to business proprietary information under APO, the entry of appearance must be filed separately from any other document filed with the Department. If the interested party is a coalition or association as defined in subparagraph (A), (E), (F) or (G) of section 771(9) of the Act, the entry of appearance must identify all of the members of the coalition or association. (2) Each interested party that asks to be included on the public service list for a segment of a proceeding must designate a person to receive service of documents filed in that segment. [76 FR 39274, July 6, 2011, as amended at 80 FR 36473, June 25, 2015; 86 FR 52371, Sept. 20, 2021; 88 FR 67077, Sept. 29, 2023] § 351.104 Record of proceedings. (a) Official record In general. Federal Register, (2) Material rejected. (ii) The official record will include a copy of a rejected document, solely for purposes of establishing and documenting the basis for rejecting the document, if the document was rejected because: (A) The document, although otherwise timely, contains untimely filed new factual information (see § 351.301(c)); (B) The submitter made a nonconforming request for business proprietary treatment of factual information (see § 351.304); (C) The Secretary denied a request for business proprietary treatment of factual information (see § 351.304); (D) The submitter is unwilling to permit the disclosure of business proprietary information under APO (see § 351.304). (iii) In no case will the official record include any document that the Secretary rejects as untimely filed or any unsolicited questionnaire response unless the response is a voluntary response accepted under § 351.109(h) (see § 351.302(d)). (3) Filing requirements for documents not originating with the Department In general. (ii) Exceptions for publicly available documents not originating with the Department. Federal Register Federal Register (4) Filing requirements for proprietary, privileged, and classified information. (5) Notices and determinations originating with the Department and published in the Federal Register. Federal Register Federal Register (6) Public versions of certain unpublished documents originating with the Department which may always be referenced by citation without placing the information on the record. (i) Preliminary and final issues and decision memoranda issued in investigations pursuant to §§ 351.205 and 351.210; (ii) Preliminary and final issues and decision memoranda issued in administrative reviews, pursuant to § 351.213; (iii) Preliminary and final issues and decision memoranda issued in new shipper reviews, pursuant to § 351.214; (iv) Preliminary and final issues and decision memoranda in changed circumstances reviews, pursuant to § 351.216; (v) Preliminary and final issues and decision memoranda in sunset reviews, pursuant to § 351.218; (vi) Preliminary and final decision memoranda issued in scope inquiries pursuant to § 351.225, circumvention inquiries pursuant to § 351.226, and covered merchandise inquiries pursuant to § 351.227; (vii) Draft and final redeterminations on remand; (viii) Draft and final redeterminations issued pursuant to section 129 of the Uruguay Round Agreements Act; (ix) Initiation decision documents, such as initiation checklists; (x) New subsidy allegation memoranda; (xi) Scope memoranda issued in an investigation; and (xii) Post-preliminary determination or results memoranda addressing issues for the first time in the period of time between preliminary and final determinations or results. (7) Special rules for public versions of documents originating with the Department with no associated ACCESS barcode numbers. (b) Public record. (c) Protection of records. [62 FR 27379, May 19, 1997, as amended at 76 FR 39274, July 6, 2011; 88 FR 67077, Sept. 29, 2023; 89 FR 20832, Mar. 25, 2024; 89 FR 101756, Dec. 16, 2024] § 351.105 Public, business proprietary, privileged, and classified information. (a) Introduction. (b) Public information. (1) Factual information of a type that has been published or otherwise made available to the public by the person submitting it; (2) Factual information that is not designated as business proprietary by the person submitting it; (3) Factual information that, although designated as business proprietary by the person submitting it, is in a form that cannot be associated with or otherwise used to identify activities of a particular person or that the Secretary determines is not properly designated as business proprietary; (4) Publicly available laws, regulations, decrees, orders, and other official documents of a country, including English translations; and (5) Written argument relating to the proceeding that is not designated as business proprietary. (c) Business proprietary information. (1) Business or trade secrets concerning the nature of a product or production process; (2) Production costs (but not the identity of the production components unless a particular component is a trade secret); (3) Distribution costs (but not channels of distribution); (4) Terms of sale (but not terms of sale offered to the public); (5) Prices of individual sales, likely sales, or other offers (but not components of prices, such as transportation, if based on published schedules, dates of sale, product descriptions (other than business or trade secrets described in paragraph (c)(1) of this section), or order numbers); (6) Names of particular customers, distributors, or suppliers (but not destination of sale or designation of type of customer, distributor, or supplier, unless the destination or designation would reveal the name); (7) In an antidumping proceeding, the exact amount of the dumping margin on individual sales; (8) In a countervailing duty proceeding, the exact amount of the benefit applied for or received by a person from each of the programs under investigation or review (but not descriptions of the operations of the programs, or the amount if included in official public statements or documents or publications, or the ad valorem (9) The names of particular persons from whom business proprietary information was obtained; (10) The position of a domestic producer or workers regarding a petition; and (11) Any other specific business information the release of which to the public would cause substantial harm to the competitive position of the submitter. (d) Privileged information. (e) Classified information. § 351.106 De minimis (a) Introduction. de minimis. de minimis de minimis (b) Investigations In general. see de minimis (2) Transition rule. (A) The Secretary resumes an investigation that has been suspended ( see (B) The investigation was initiated before January 1, 1995, then (ii) The Secretary will apply the de minimis (c) Reviews and other determinations In general. see de minimis ad valorem, (2) Assessment of antidumping duties. ad valorem, § 351.107 Cash deposit rates; producer/exporter combination rates. (a) Introduction. (b) In general. ad valorem (c) Exceptions Application of cash deposit rates on a per-unit basis. ad valorem ad valorem (2) Application of cash deposit rates to producer/exporter combinations. (i) Example. (ii) In general. (A) Pursuant to a new shipper review, in accordance with section 751(a)(2)(B) of the Act and § 351.214; (B) Pursuant to an antidumping investigation of merchandise from a nonmarket economy country, in accordance with sections 733 and 735 of the Act and §§ 351.205 and 210, for merchandise exported by an examined exporter; (C) Pursuant to scope, circumvention, and covered merchandise segments of the proceeding, in accordance with §§ 351.225(m), 351.226(m) and 351.227(m), when the Secretary makes a segment-specific determination on the basis of a producer/exporter combination; and (D) Pursuant to additional segments of a proceeding in which the Secretary determines that the application of a cash deposit rate to a producer/exporter combination is warranted based on facts on the record. (3) Exclusion from an antidumping or countervailing duty order Preliminary determinations. de minimis Federal Register , (ii) Final determinations. de minimis Federal Register. (iii) Example. de minimis. (4) Certification requirements. (d) The antidumping duty order cash deposit hierarchies In general. (i) A market economy country proceeding. (A) If the Secretary has established a current cash deposit rate for the exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the cash deposit rate established for the exporter to entries of the subject merchandise; (B) If the Secretary has not established a current cash deposit rate for the exporter, but the Secretary has established a current cash deposit rate for the producer of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the cash deposit rate established for the producer of the subject merchandise to entries of the subject merchandise; and (C) If the Secretary has not established a current cash deposit rate for either the producer or the exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the all-others rate determined in the investigation to entries of the subject merchandise, pursuant to section 735(c) of the Act and § 351.109(f). (ii) A nonmarket economy country proceeding. (A) If the Secretary has established a current separate cash deposit rate for the exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the cash deposit rate for the exporter to entries of the subject merchandise; (B) If the Secretary has not established a current separate cash deposit rate for an exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the cash deposit rate determined by the Secretary for the nonmarket economy entity to entries of the subject merchandise, pursuant to § 351.108(b); and (C) If the entries of subject merchandise were resold to the United States through a third-country reseller, the Secretary will normally instruct U.S. Customs and Border Protection to apply the current separate cash deposit rate applicable to the nonmarket economy country exporter (or the applicable producer/exporter combination, if warranted) that supplied the subject merchandise to the reseller to those entries of the subject merchandise. (2) Exception. (e) The countervailing duty order cash deposit hierarchy In general. (i) If the Secretary has established current cash deposit rates for both the producer and the exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the higher of the two rates to the entries of subject merchandise; (ii) If the Secretary has established a current cash deposit rate for the producer but not the exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the producer's cash deposit rate to entries of subject merchandise; (iii) If the Secretary has established a current cash deposit rate for the exporter but not the producer of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the exporter's cash deposit rate to entries of subject merchandise; and (iv) If the Secretary has not established current cash deposit rates for either the producer or the exporter of the subject merchandise, the Secretary will instruct U.S. Customs and Border Protection to apply the all-others rate determined in the investigation pursuant to section 705(c)(5) of the Act and § 351.109(f) to the entries of subject merchandise. (2) Exception. (f) Effective dates for amended preliminary and final determinations and results of review upon correction of a ministerial error. (1) If the Secretary amends a preliminary or final determination in an investigation for a ministerial error and the amendment increases the dumping margin or countervailing duty rate, the new cash deposit rate will be effective to entries made on or after the date of publication of the amended determination; (2) If the Secretary amends a preliminary or final determination in an investigation for a ministerial error and the amendment decreases the dumping margin or countervailing duty rate, the new cash deposit rate will be retroactive to the date of publication of the original preliminary or final determination, as applicable; (3) If the Secretary amends the final results of an administrative review pursuant to a ministerial error, the effective date of the amended cash deposit rate will be retroactive to entries following the date of publication of the original final results of administrative review regardless of whether the antidumping duty margin or countervailing duty rate increases or decreases; and (4) If the Secretary amends the final results of an investigation or administrative review pursuant to litigation involving alleged or disputed ministerial errors, the effective date of the amended cash deposit rate may differ from the effective dates resulting from the application of paragraphs (f)(1) through (3) of this section and normally will be identified in a Federal Register [89 FR 101757, Dec. 16, 2024] § 351.108 Rates for entities exporting merchandise from nonmarket economies in antidumping proceedings. (a) Introduction The nonmarket economy entity. (2) The nonmarket economy entity rate. (3) Entities in third countries owned or controlled by the nonmarket economy government. (b) Separate rates. (1) Nonmarket economy government ownership and control in the nonmarket economy Government control through ownership. (A) A majority ownership share (over fifty percent ownership) of an entity; or (B) An ownership interest in the entity of fifty percent or less and any one of the following criteria applies: ( 1 ( 2 ( 3 ( 4 de facto (ii) Absence of de jure government control. de jure) de jure (A) The absence of a legal requirement that one or more officials, employees, government-appointed or government-controlled labor union members, or representatives of the government serve as officers or managers of the entity, members of the board of directors, or other governing authorities in the entity that make or influence export activity decisions; (B) The absence of restrictive stipulations by the government associated with an entity's business and export licenses; (C) Legislative enactments decentralizing government control of entities; and (D) Other formal measures by the government decentralizing control of companies. (iii) Absence of de facto government control. de facto de facto (A) Whether the entity maintains or must maintain one or more officials, employees, representatives of the government, or their family members as officers or managers, members of the board of directors, or other governing authorities in the entity which have the ability to make or influence export activity decisions; (B) Whether export prices are set by or are subject to the approval of a government agency; (C) Whether the entity has authority to negotiate and sign contracts and other agreements without government involvement; (D) Whether the entity has autonomy from the government in making decisions regarding the selection of its management; (E) Whether the entity retains the proceeds of its export sales and makes independent decisions regarding disposition of profits or financing of losses; and (F) Whether there is any additional evidence on the record suggesting that the government has direct or indirect influence over the entity's export activities. (2) Nonmarket economy government ownership or control of an entity located in a third country. (c) Entities wholly owned by foreign entities incorporated and headquartered in a market economy. (d) Separate rate applications and certifications. (1) In an antidumping investigation, the entity will normally file a separate rate application on the record of the investigation no later than twenty-one days following publication of the notice of initiation in the Federal Register (2) In a new shipper review or an administrative review in which the entity has not been previously assigned a separate rate, the entity will normally file a separate rate application on the record no later than fourteen days following publication of the notice of initiation in the Federal Register. (3) In an administrative review, if the entity has been previously assigned a separate rate in the proceeding, no later than fourteen days following publication of the notice of initiation in the Federal Register, (e) Examined respondents and questionnaire responses. [89 FR 101758, Dec. 16, 2024] § 351.109 Selection of examined respondents; single-country subsidy rate; calculating an all-others rate; calculating rates for unexamined respondents; voluntary respondents. (a) Introduction. (b) Examining each known exporter or producer when practicable. (c) Limiting exporters or producers examined In general. (2) Limiting examination to the largest exporters or producers. (i) Selecting the data source to determine the largest exporters or producers of subject merchandise. (ii) Selecting the largest exporters or producers of subject merchandise based on volume or value. (iii) Determining whether the number of exporters or producers is too large to make individual examination of each known exporter or producer of subject merchandise practicable. (A) The amount of resources and detailed analysis which will be necessary to examine each potential respondent's information; (B) The current and future workload of the office administering the antidumping or countervailing duty proceeding; and (C) The Secretary's overall current resource availability. (iv) Determining the number of exporters or producers that can be reasonably examined. (A) Consider the total and relative volumes (or values) of entries of subject merchandise during the relevant period for each potential respondent derived from the data source considered in paragraph (c)(2) of this section; (B) Rank the potential respondents by the total volume (or values) of entries into the United States during the relevant period; and (C) Determine the number of exporters or producers the Secretary can reasonably examine, considering resource availability and statutory requirements, and select the exporters or producers with the largest volume (or values) of entries consistent with that number. (v) Selecting additional respondents for examination. bona fide, (d) Waiver for certain selected respondents. (e) Single country-wide subsidy rate. (f) Calculating the all-others rate. (1) In general. de minimis (ii) For a countervailing duty proceeding, the all-others rate will normally equal the weighted average of the countervailable subsidy rates established for the individually investigated exporters and producers, excluding any zero and de minimis (2) Exceptions to the general rules for calculating the all-others rate. (i) If the Secretary determines that only one individually investigated exporter or producer has a calculated weighted-average dumping margin or countervailable subsidy rate that is not zero, de minimis, (ii) If the Secretary determines that weight-averaging calculated dumping margins or countervailable subsidy rates established for individually investigated exporters or producers could result in the inadvertent release of proprietary information among the individually investigated exporters or producers, the Secretary may apply the following analysis: (A) First, the Secretary will calculate the weighted-average dumping margin or countervailable subsidy rate for the individually investigated exporters or producers using their reported data, including business proprietary data; (B) Second, the Secretary will calculate both a simple average of the individually investigated exporters' or producers' dumping margins or countervailable subsidy rates and a weighted- average dumping margin or countervailable subsidy rate using the individually investigated exporters' or producers' publicly-ranged data; and (C) Third, the Secretary will compare the two averages calculated in paragraph (f)(2)(ii)(B) of this section with the weighted-average margin or rate determined in paragraph (f)(2)(ii)(A) of this section. The Secretary will apply, as the all-others rate, the average calculated in paragraph (f)(2)(ii)(B) of this section which is numerically the closest to the margin or rate calculated in paragraph (f)(2)(ii)(A) of this section. (iii) If the estimated weighted average dumping margins or countervailable subsidy rates established for all individually investigated exporters and producers are zero, de minimis, (3) A nonmarket economy country entity rate is not an all-others rate. (g) Calculating a rate for unexamined exporters and producers. (h) Voluntary respondents In general. (2) Acceptance of voluntary respondents. (3) Requests for voluntary treatment. (ii) If multiple exporters or producers seek voluntary respondent treatment and the Secretary determines to examine a voluntary respondent individually, the Secretary will select voluntary respondents in the chronological order in which complete requests were filed correctly on the record. (4) Timing of voluntary respondent submissions. [89 FR 101760, Dec. 16, 2024, as amended at 90 FR 14205, Mar. 31, 2025] Subpart B—Antidumping and Countervailing Duty Procedures § 351.201 Self-initiation. (a) Introduction. (b) In general. Federal Register (c) Persistent dumping monitoring. § 351.202 Petition requirements. (a) Introduction. (b) Contents of petition. (1) The name, address, and telephone number of the petitioner and any person the petitioner represents; (2) The identity of the industry on behalf of which the petitioner is filing, including the names, addresses, and telephone numbers of all other known persons in the industry; (3) Information relating to the degree of industry support for the petition, including: (i) The total volume and value of U.S. production of the domestic like product; and (ii) The volume and value of the domestic like product produced by the petitioner and each domestic producer identified; (4) A statement indicating whether the petitioner has filed for relief from imports of the subject merchandise under section 337 of the Act (19 U.S.C. 1337, 1671a), sections 201 or 301 of the Trade Act of 1974 (19 U.S.C. 2251 or 2411), or section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862); (5) A detailed description of the subject merchandise that defines the requested scope of the investigation, including the technical characteristics and uses of the merchandise and its current U.S. tariff classification number; (6) The name of the country in which the subject merchandise is manufactured or produced and, if the merchandise is imported from a country other than the country of manufacture or production, the name of any intermediate country from which the merchandise is imported; (7)(i) In the case of an antidumping proceeding: (A) The names and addresses of each person the petitioner believes sells the subject merchandise at less than fair value and the proportion of total exports to the United States that each person accounted for during the most recent 12-month period (if numerous, provide information at least for persons that, based on publicly available information, individually accounted for two percent or more of the exports); (B) All factual information (particularly documentary evidence) relevant to the calculation of the export price and the constructed export price of the subject merchandise and the normal value of the foreign like product (if unable to furnish information on foreign sales or costs, provide information on production costs in the United States, adjusted to reflect production costs in the country of production of the subject merchandise); (C) If the merchandise is from a country that the Secretary has found to be a nonmarket economy country, factual information relevant to the calculation of normal value, using a method described in § 351.408; or (ii) In the case of a countervailing duty proceeding: (A) The names and addresses of each person the petitioner believes benefits from a countervailable subsidy and exports the subject merchandise to the United States and the proportion of total exports to the United States that each person accounted for during the most recent 12-month period (if numerous, provide information at least for persons that, based on publicly available information, individually accounted for two percent or more of the exports); (B) The alleged countervailable subsidy and factual information (particularly documentary evidence) relevant to the alleged countervailable subsidy, including any law, regulation, or decree under which it is provided, the manner in which it is paid, and the value of the subsidy to exporters or producers of the subject merchandise; (C) If the petitioner alleges an upstream subsidy under section 771A of the Act, factual information regarding: ( 1 ( 2 ( 3 (8) The volume and value of the subject merchandise imported during the most recent two-year period and any other recent period that the petitioner believes to be more representative or, if the subject merchandise was not imported during the two-year period, information as to the likelihood of its sale for importation; (9) The name, address, and telephone number of each person the petitioner believes imports or, if there were no importations, is likely to import the subject merchandise; (10) Factual information regarding material injury, threat of material injury, or material retardation, and causation; (11) If the petitioner alleges “critical circumstances” under section 703(e)(1) or section 733(e)(1) of the Act and § 351.206, factual information regarding: (i) Whether imports of the subject merchandise are likely to undermine seriously the remedial effect of any order issued under section 706(a) or section 736(a) of the Act; (ii) Massive imports of the subject merchandise in a relatively short period; and (iii) (A) In an antidumping proceeding, either: ( 1 ( 2 (B) In a countervailing duty proceeding, whether the countervailable subsidy is inconsistent with the Subsidies Agreement; and (12) Any other factual information on which the petitioner relies. (c) Simultaneous filing and certification. (d) Business proprietary status of information. (e) Amendment of petition. (f) Notification of representative of the exporting country. see (g) Petition based upon derogation of an international undertaking on official export credits. (h) Assistance to small businesses; additional information. see (2) For additional information concerning petitions, contact the Director for Policy and Analysis, Enforcement and Compliance, International Trade Administration, Room 3093, U.S. Department of Commerce, Pennsylvania Avenue and 14th Street, NW, Washington, DC 20230; (202) 482-1768. (i) Pre-initiation communications In general. (2) Consultations with foreign governments in countervailing duty proceedings. (The information collection requirements in paragraph (a) of this section have been approved by the Office of Management and Budget under control number 0625-0105.) § 351.203 Determination of sufficiency of petition. (a) Introduction. (b) Determination of sufficiency In general. (2) Extension where polling required. (c) Notice of initiation and distribution of petition Notice of initiation. Federal Register (2) Distribution of petition. (d) Insufficiency of petition. Federal Register (e) Determination of industry support. (1) Measuring production. (2) Positions treated as business proprietary information. (3) Positions expressed by workers. (4) Certain positions disregarded. (ii) The Secretary may disregard the position of a domestic producer that is an importer of the subject merchandise, or that is related to such an importer, under section 771(4)(B)(ii) of the Act. (5) Polling the industry. (f) Time limits where petition involves same merchandise as that covered by an order that has been revoked. (g) Time limits for filing interested party comments on industry support. [62 FR 27379, May 19, 1997, as amended at 86 FR 52371, Sept. 20, 2021] § 351.204 Period of investigation; requests for exclusions from countervailing duty orders based on investigations conducted on an aggregate basis. (a) Introduction. (b) Period of investigation Antidumping investigation. (2) Countervailing duty investigation. (c) Limiting exporters or producers examined and voluntary respondents. (d) Requests for exclusions from countervailing duty orders based on investigations conducted on an aggregate basis. (1) A certification by the exporter or producer that it received zero or de minimis (2) If the exporter or producer received a countervailable subsidy, calculations demonstrating that the amount of net countervailable subsidies received was de minimis (3) If the exporter is not the producer of subject merchandise, certifications from the suppliers and producers of the subject merchandise that those persons received zero or de minimis (4) A certification from the government of the affected country that the government did not provide the exporter (or the exporter's supplier) or producer with more than de minimis [62 FR 27379, May 19, 1997, as amended at 73 FR 3643, Jan. 22, 2008; 88 FR 67077, Sept. 29, 2023; 89 FR 101762, Dec. 16, 2024] § 351.205 Preliminary determination. (a) Introduction. (b) Deadline for preliminary determination. (1) Normally not later than 140 days in an antidumping investigation (65 days in a countervailing duty investigation) after the date on which the Secretary initiated the investigation ( see (2) Not later than 190 days in an antidumping investigation (130 days in a countervailing duty investigation) after the date on which the Secretary initiated the investigation if the Secretary postpones the preliminary determination at petitioner's request or because the Secretary determines that the investigation is extraordinarily complicated ( see (3) In a countervailing duty investigation, not later than 250 days after the date on which the proceeding began if the Secretary postpones the preliminary determination due to an upstream subsidy allegation (up to 310 days if the Secretary also postponed the preliminary determination at the request of the petitioner or because the Secretary determined that the investigation is extraordinarily complicated) ( see (4) Within 90 days after initiation in an antidumping investigation, and on an expedited basis in a countervailing duty investigation, where verification has been waived ( see (5) In a countervailing duty investigation, on an expedited basis and within 65 days after the date on which the Secretary initiated the investigation if the sole subsidy alleged in the petition was the derogation of an international undertaking on official export credits ( see (6) In a countervailing duty investigation, not later than 60 days after the date on which the Secretary initiated the investigation if the only subsidy under investigation is a subsidy with respect to which the Secretary received notice from the United States Trade Representative of a violation of Article 8 of the Subsidies Agreement ( see (7) In an antidumping investigation, within the deadlines set forth in section 733(b)(1)(B) of the Act if the investigation involves short life cycle merchandise ( see (c) Contents of preliminary determination and publication of notice. Federal Register (d) Effect of affirmative preliminary determination. (e) Postponement at the request of the petitioner. see (f) Notice of postponement. Federal Register see (2) If the Secretary decides to postpone the preliminary determination due to an allegation of upstream subsidies, the Secretary will notify all parties to the proceeding not later than the scheduled date of the preliminary determination and will publish in the Federal Register [62 FR 27379, May 19, 1997, as amended at 76 FR 61045, Oct. 3, 2011] § 351.206 Critical circumstances. (a) Introduction. Federal Register (b) In general. (c) Preliminary finding. (2) The Secretary will issue the preliminary finding: (i) Not later than the preliminary determination, if the allegation is submitted 20 days or more before the scheduled date of the preliminary determination; or (ii) Within 30 days after the petitioner submits the allegation, if the allegation is submitted later than 20 days before the scheduled date of the preliminary determination; or (iii) If, pursuant to paragraph (i) of this section, the period examined for purposes of determining whether critical circumstances exists is earlier than normal, the Secretary will issue the preliminary finding as early as possible after initiation of the investigation, but normally not less than 45 days after the petition was filed. The Secretary will notify the Commission and publish in the Federal Register (d) Suspension of liquidation. (e) Final finding. (f) Findings in self-initiated investigations. (g) Information regarding critical circumstances. (h) Massive imports. (i) The volume and value of the imports; (ii) Seasonal trends; and (iii) The share of domestic consumption accounted for by the imports. (2) In general, unless the imports during the “relatively short period” ( see (i) Relatively short period. [62 FR 27379, May 19, 1997, as amended at 64 FR 48707, Sept. 8, 1999] § 351.207 Termination of investigation. (a) Introduction. see (b) Withdrawal of petition; self-initiated investigations In general. Federal Register see (2) Withdrawal of petition based on acceptance of quantitative restriction agreements. (c) Lack of interest. see (d) Negative determination. Federal Register (e) End of suspension of liquidation. § 351.208 Suspension of investigation. (a) Introduction. (b) In general. (c) Definition of “substantially all.” (d) Monitoring. (e) Exports not to increase during interim period. (f) Procedure for suspension of investigation Submission of proposed suspension agreement In general. (A) In an antidumping investigation, 15 days after the date of issuance of the preliminary determination, or (B) In a countervailing duty investigation, 7 days after the date of issuance of the preliminary determination. (ii) Postponement of final determination. see see (iii) Special rule for regional industry determination. Federal Register (2) Notification and consultation. (i) In general. (A) In an antidumping investigation, 30 days after the date of issuance of the preliminary determination, or (B) In a countervailing duty investigation, 15 days after the date of issuance of the preliminary determination; or (ii) Special rule for regional industry determination. (iii) Consultation. (3) Opportunity for comment. (i) In an antidumping investigation, 50 days after the date of issuance of the preliminary determination, (ii) In a countervailing duty investigation, 35 days after the date of issuance of the preliminary determination, or (iii) In a regional industry case described in paragraph (f)(1)(iii) of this section, 35 days after the date of issuance of an order. (g) Acceptance of suspension agreement. (i) In an antidumping investigation, 60 days after the date of issuance of the preliminary determination, (ii) In a countervailing duty investigation, 45 days after the date of issuance of the preliminary determination, or (iii) In a regional industry case described in paragraph (f)(1)(iii) of this section, 45 days after the date of issuance of an order. (2) If the Secretary accepts an agreement to suspend an investigation, the Secretary will take the actions described in section 704(f), section 704(m)(3), section 734(f), or section 734(l)(3) of the Act (whichever is applicable), and will publish in the Federal Register (h) Continuation of investigation. (2) If the Secretary and the Commission make affirmative final determinations in an investigation that has been continued, the suspension agreement will remain in effect in accordance with the factual and legal conclusions in the Secretary's final determination. If either the Secretary or the Commission makes a negative final determination, the agreement will have no force or effect. (i) Merchandise imported in excess of allowed quantity. see (2) Imports in excess of the quantity allowed by a suspension agreement, including any quantity allowed during the interim period ( see § 351.209 Violation of suspension agreement. (a) Introduction. see (b) Immediate determination. (1) Order the suspension of liquidation in accordance with section 704(i)(1)(A) or section 734(i)(1)(A) of the Act (whichever is applicable) of all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (i) 90 days before the date of publication of the notice of cancellation of the agreement; or (ii) The date of first entry, or withdrawal from warehouse, for consumption of the merchandise the sale or export of which was in violation of the agreement; (2) If the investigation was not completed under section 704(g) or section 734(g) of the Act, resume the investigation as if the Secretary had made an affirmative preliminary determination on the date of publication of the notice of cancellation and impose provisional measures by instructing U.S. Customs and Border Protection to require for each entry of the subject merchandise suspended under paragraph (b)(1) of this section a cash deposit or bond at the rates determined in the affirmative preliminary determination; (3) If the investigation was completed under section 704(g) or section 734(g) of the Act, issue an antidumping order or countervailing duty order (whichever is applicable) and, for all entries subject to suspension of liquidation under paragraph (b)(1) of this section, instruct U.S. Customs and Border Protection to require for each entry of the merchandise suspended under this paragraph a cash deposit at the rates determined in the affirmative final determination; (4) Notify all persons who are or were parties to the proceeding, the Commission, and, if the Secretary determines that the violation was intentional, the Commissioner of Customs; and (5) Publish in the Federal Register (c) Determination after notice and comment. see Federal Register (2) After publication of the notice inviting comment and after consideration of comments received the Secretary will: (i) Determine whether any signatory has violated the suspension agreement; or (ii) Determine whether the suspension agreement no longer meets the requirements of section 704(d)(1) or section 734(d) of the Act. (3) If the Secretary determines that a signatory has violated the suspension agreement, the Secretary will take appropriate action as described in paragraphs (b)(1) through (b)(5) of this section. (4) If the Secretary determines that a suspension agreement no longer meets the requirements of section 704(d)(1) or section 734(d) of the Act, the Secretary will: (i) Take appropriate action as described in paragraphs (b)(1) through (b)(5) of this section; except that, under paragraph (b)(1)(ii) of this section, the Secretary will order the suspension of liquidation of all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (A) 90 days before the date of publication of the notice of suspension of liquidation; or (B) The date of first entry, or withdrawal from warehouse, for consumption of the merchandise the sale or export of which does not meet the requirements of section 704(d)(1) of the Act; (ii) Continue the suspension of investigation by accepting a revised suspension agreement under section 704(b) or section 734(b) of the Act (whether or not the Secretary accepted the original agreement under such section) that, at the time the Secretary accepts the revised agreement, meets the applicable requirements of section 704(d)(1) or section 734(d) of the Act, and publish in the Federal Register (iii) Continue the suspension of investigation by accepting a revised suspension agreement under section 704(c), section 734(c), or section 734(l) of the Act (whether or not the Secretary accepted the original agreement under such section) that, at the time the Secretary accepts the revised agreement, meets the applicable requirements of section 704(d)(1) or section 734(d) of the Act, and publish in the Federal Register (5) If the Secretary decides neither to consider the suspension agreement violated nor to revise the agreement, the Secretary will publish in the Federal Register (d) Additional signatories. (e) Definition of “violation.” § 351.210 Final determination. (a) Introduction. (b) Deadline for final determination. (1) Normally, not later than 75 days after the date of the Secretary's preliminary determination ( see (2) In an antidumping investigation, not later than 135 days after the date of publication of the preliminary determination if the Secretary postpones the final determination at the request of: (i) The petitioner, if the preliminary determination was negative ( see (ii) Exporters or producers who account for a significant proportion of exports of the subject merchandise, if the preliminary determination was affirmative ( see (3) In a countervailing duty investigation, not later than 165 days after the preliminary determination, if, after the preliminary determination, the Secretary decides to investigate an upstream subsidy allegation and concludes that additional time is needed to investigate the allegation ( see (4) In a countervailing duty investigation, the same date as the date of the final antidumping determination, if: (i) In a situation where the Secretary simultaneously initiated antidumping and countervailing duty investigations on the subject merchandise (from the same or other countries), the petitioner requests that the final countervailing duty determination be postponed to the date of the final antidumping determination; and (ii) If the final countervailing duty determination is not due on a later date because of postponement due to an allegation of upstream subsidies under section 703(g) of the Act ( see (c) Contents of final determination and publication of notice. Federal Register (d) Effect of affirmative final determination. (e) Request for postponement of final antidumping determination In general. see (2) Requests by exporters. see (f) Deferral of decision concerning upstream subsidization to review. see (g) Notification of postponement. Federal Register (h) Termination of suspension of liquidation in a countervailing duty investigation. (i) Postponement of final countervailing duty determination for simultaneous investigations. see (j) Commission access to information. see (k) Effect of negative final determination. Federal Register § 351.211 Antidumping order and countervailing duty order. (a) Introduction. (b) In general. see Federal Register (1) Instructs U.S. Customs and Border Protection to assess antidumping duties or countervailing duties (whichever is applicable) on the subject merchandise, in accordance with the Secretary's instructions at the completion of each review requested under § 351.213(b) (administrative review), § 351.214(b) (new shipper review), or § 351.215(b) (expedited antidumping review), or if a review is not requested, in accordance with the Secretary's assessment instructions under § 351.212(c); (2) Instructs U.S. Customs and Border Protection to require a cash deposit of estimated antidumping or countervailing duties at the rates included in the Secretary's final determination; and (3) Orders the suspension of liquidation ended for all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption before the date of publication of the Commission's final determination, and instructs U.S. Customs and Border Protection to release the cash deposit or bond on those entries, if in its final determination, the Commission found a threat of material injury or material retardation of the establishment of an industry, unless the Commission in its final determination also found that, absent the suspension of liquidation ordered under section 703(d)(2) or section 733(d)(2) of the Act, it would have found material injury ( see § 351.212 Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments. (a) Introduction. (b) Assessment of antidumping and countervailing duties as the result of a review Antidumping Duties In general. ad valorem de minimis, (ii) Assessment on a per-unit basis. ad valorem ad valorem (2) Countervailing duties. (c) Automatic assessment of antidumping and countervailing duties if no review is requested. see (i) Assess antidumping duties or countervailing duties, as the case may be, on the subject merchandise described in § 351.213(e) at rates equal to the cash deposit of, or bond for, estimated antidumping duties or countervailing duties required on that merchandise at the time of entry, or withdrawal from warehouse, for consumption; and (ii) To continue to collect the cash deposits previously ordered. (2) If the Secretary receives a timely request for an administrative review of an order ( see (3) The automatic assessment provisions of paragraphs (c)(1) and (c)(2) of this section will not apply to subject merchandise that is the subject of a new shipper review ( see see (d) Provisional measures deposit cap. (e) Interest on certain overpayments and underpayments. (f) Special rule for regional industry cases In general. (i) The exporter or producer did not export subject merchandise for sale in the region concerned during or after the Department's period of investigation; (ii) The exporter or producer has certified that it will not export subject merchandise for sale in the region concerned in the future so long as the antidumping or countervailing duty order is in effect; and (iii) No subject merchandise of the exporter or producer was entered into the United States outside of the region and then sold into the region during or after the Department's period of investigation. (2) Procedures for obtaining an exception from the assessment of duties Request for exception. (A) A certification by the exporter or producer that it did not export subject merchandise for sale in the region concerned during or after the Department's period of investigation, and that it will not do so in the future so long as the antidumping or countervailing duty order is in effect; and (B) A certification from each of the exporter's or producer's U.S. importers of the subject merchandise that no subject merchandise of that exporter or producer was entered into the United States outside such region and then sold into the region during or after the Department's period of investigation. (ii) Limited review. (3) Exception granted. (4) Exception not granted. (i) Will issue assessment instructions to U.S. Customs and Border Protection in accordance with paragraph (b) of this section; or (ii) If the review was limited to a determination as to whether an exception from the assessment of duties should be granted, the Secretary will instruct U.S. Customs and Border Protection to assess duties in accordance with paragraph (f)(1) or (f)(2) of this section, whichever is appropriate (automatic assessment if no review is requested). [62 FR 27379, May 19, 1997, as amended at 89 FR 101762, Dec. 16, 2024] § 351.213 Administrative review of orders and suspension agreements under section 751(a)(1) of the Act. (a) Introduction. (b) Request for administrative review. (2) During the same month, an exporter or producer covered by an order (except for a countervailing duty order in which the investigation or prior administrative review was conducted on an aggregate basis) 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 an exporter or producer (except for a countervailing duty order in which the investigation or prior administrative review was conducted on an aggregate basis) of the subject merchandise imported by that importer. (4) Each year during the anniversary month of the publication of a suspension of investigation, an interested party may request in writing that the Secretary conduct an administrative review of all producers or exporters covered by an agreement on which the suspension of investigation was based. (c) Deferral of administrative review In general. (i) The request for administrative review is accompanied by a request that the Secretary defer the review, in whole or in part; and (ii) None of the following persons objects to the deferral: the exporter or producer for which deferral is requested, an importer of subject merchandise of that exporter or producer, a domestic interested party and, in a countervailing duty proceeding, the foreign government. (2) Timeliness of objection to deferral. (3) Procedures and deadlines. Federal Register. see see (d) Rescission of administrative review Withdrawal of request for review. (2) Self-initiated review. (3) No shipments. (4) Notice of rescission. Federal Register (e) Period of review Antidumping proceedings. (ii) For requests received during the first anniversary month after publication of an order or suspension of investigation, an administrative review under this section will cover, as appropriate, entries, exports, or sales during the period from the date of suspension of liquidation under this part or suspension of investigation to the end of the month immediately preceding the first anniversary month. (2) Countervailing duty proceedings. (ii) For requests received during the first anniversary month after publication of an order or suspension of investigation, an administrative review under this section will cover entries or exports, as appropriate, during the period from the date of suspension of liquidation under this part or suspension of investigation to the end of the most recently completed calendar or fiscal year as described in paragraph (e)(2)(i) of this section. (f) Limiting exporters or producers examined and voluntary respondents. (g) Procedures. (h) Time limits In general. see see Federal Register. (2) Exception. (i) Possible cancellation or revision of suspension agreement. (j) Absorption of antidumping duties. (2) For transition orders defined in section 751(c)(6) of the Act, the Secretary will apply paragraph (j)(1) of this section to any administrative review initiated in 1996 or 1998. (3) In determining under paragraph (j)(1) of this section whether antidumping duties have been absorbed, the Secretary will examine the antidumping duties calculated in the administrative review in which the absorption inquiry is requested. (4) The Secretary will notify the Commission of the Secretary's determination if: (i) In the case of an administrative review other than one to which paragraph (j)(2) of this section applies, the administrative review covers all or part of a time period falling between the third and fourth anniversary month of an order; or (ii) In the case of an administrative review to which paragraph (j)(2) of this section applies, the Secretary initiated the administrative review in 1998. (k) Administrative reviews of countervailing duty orders conducted on an aggregate basis Request for zero rate. (i) A certification by the exporter or producer that it received zero or de minimis (ii) If the exporter or producer received a countervailable subsidy, calculations demonstrating that the amount of net countervailable subsidies received was de minimis (iii) If the exporter is not the producer of the subject merchandise, certifications from the suppliers and producers of the subject merchandise that those persons received zero or de minimis (iv) A certification from the government of the affected country that the government did not provide the exporter (or the exporter's supplier) or producer with more than de minimis (2) Application of country-wide subsidy rate. (l) Exception from assessment in regional industry cases. [62 FR 27379, May 19, 1997, as amended at 89 FR 101762, Dec. 16, 2024] § 351.214 New shipper reviews under section 751(a)(2)(B) of the Act; expedited reviews in countervailing duty proceedings. (a) Introduction. (b) Request for new shipper review Requirement of sale or export. (2) Contents of request. (i) If the person requesting the review is both the exporter and producer of the merchandise, a certification that the person requesting the review did not export subject merchandise to the United States (or, in the case of a regional industry, did not export the subject merchandise for sale in the region concerned) during the period of investigation; (ii) If the person requesting the review is the exporter, but not the producer, of the subject merchandise: (A) The certification described in paragraph (b)(2)(i) of this section; and (B) A certification from the person that produced or supplied the subject merchandise to the person requesting the review that that producer or supplier did not export the subject merchandise to the United States (or, in the case of a regional industry, did not export the subject merchandise for sale in the region concerned) during the period of investigation; (iii)(A) A certification that, since the investigation was initiated, such exporter or producer has never been affiliated with any exporter or producer who exported the subject merchandise to the United States (or in the case of a regional industry, who exported the subject merchandise for sale in the region concerned) during the period of investigation, including those not individually examined during the investigation; and (B) In an antidumping proceeding involving imports from a nonmarket economy country, a certification that the export activities of such exporter or producer are not controlled by the central government; (iv) Certain information regarding the unaffiliated customer: (A) A certification from the exporter or producer that it will provide, to the fullest extent possible, necessary information related to the unaffiliated customer in the United States during the new shipper review; and (B) A certification by the unaffiliated customer of its willingness to participate in the new shipper review and provide information relevant to the new shipper review, if such information is requested by the Secretary, or an explanation by the producer/exporter of why such certification from the unaffiliated customer cannot be provided. (v) Documentation establishing: (A) 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 establish the date of first entry, the date on which the exporter or producer first shipped the subject merchandise for export to the United States; (B) The volume of that shipment and any subsequent shipments, including whether such shipments were made in commercial quantities; (C) The date of the first sale, and any subsequent sales, to an unaffiliated customer in the United States; (D) The circumstances surrounding such sale(s), including but not limited to: ( 1 ( 2 ( 3 ( 4 (E) Additional documentation regarding the business activities of the producer or exporter, including but not limited to: ( 1 ( 2 ( 3 ( 4 (vi) In the case of a review of a countervailing duty order, a certification that the exporter or producer has informed the government of the exporting country that the government will be required to provide a full response to the Department's questionnaire. (c) Deadline for requesting review. (d) Initiation of new shipper review In general. (2) Semiannual anniversary month. (3) Example. (4) Exception. (e) Suspension of liquidation. (f) Rescission of new shipper review Withdrawal of request for review. (2) Absence of entry and sale to an unaffiliated customer. (i) As of the end of the normal period of review referred to in paragraph (g) of this section, there has not been an entry and sale to an unaffiliated customer in the United States of subject merchandise; and (ii) An expansion of the normal period of review to include an entry and sale to an unaffiliated customer in the United States of subject merchandise would be likely to prevent the completion of the review within the time limits set forth in paragraph (i) of this section; (3) Absence of bona fide sale to an unaffiliated customer. (i) Information that the Secretary considers necessary to conduct a bona fide sale analysis is not on the record; or (ii) The producer or exporter seeking a new shipper review has failed to demonstrate to the satisfaction of the Secretary the existence of a bona fide sale to an unaffiliated customer. (4) Notice of rescission. Federal Register (g) Period of review Antidumping proceeding In general. (A) If the new shipper review was initiated in the month immediately following the anniversary month, the twelve-month period immediately preceding the anniversary month; or (B) If the new shipper review was initiated in the month immediately following the semiannual anniversary month, the period of review will be the six-month period immediately preceding the semiannual anniversary month. (ii) Exceptions. (B) If the Secretary initiates a new shipper review under this section in the month immediately following the first semiannual anniversary month, the review normally will cover, as appropriate, entries, exports, or sales during the period from the date of suspension of liquidation under this part to the end of the month immediately preceding the first semiannual anniversary month. (2) Countervailing duty proceeding. (h) Procedures. (i) Time limits In general. (2) Exception. (j) Multiple reviews. (1) Rescind, in whole or in part, a review in progress under this subpart; (2) Decline to initiate, in whole or in part, a review under this subpart; or (3) Where the requesting producer or exporter agrees in writing to waive the time limits of paragraph (i) of this section, conduct concurrent reviews, in which case all other provisions of this section will continue to apply with respect to the exporter or producer. (k) Determinations based on bona fide sales. (1) Whether the producer, exporter, or customer was established for purposes of the sale(s) in question after the imposition of the relevant antidumping or countervailing duty order; (2) Whether the producer, exporter, or customer has lines of business unrelated to the subject merchandise; (3) The quantity of sales; and (4) Any other factor that the Secretary determines to be relevant with respect to the future selling behavior of the producer or exporter, including any other indicia that the sale was not commercially viable. (l) Expedited reviews in countervailing duty proceedings for noninvestigated exporters Request for review. Federal Register (i) The requester exported the subject merchandise to the United States during the period of investigation; (ii) The requester is not affiliated with an exporter or producer that the Secretary individually examined in the investigation; and (iii) The requester has informed the government of the exporting country that the government will be required to provide a full response to the Department's questionnaire. (2) Initiation of review In general. (ii) Example. (3) Conduct of review. (i) The period of review will be the period of investigation used by the Secretary in the investigation that resulted in the publication of the countervailing duty order ( see (ii) The final results of a review under this paragraph (l) will not be the basis for the assessment of countervailing duties; and (iii) The Secretary may exclude from the countervailing duty order in question any exporter for which the Secretary determines an individual net countervailable subsidy rate of zero or de minimis (m) Exception from assessment in regional industry cases. [86 FR 52371, Sept. 20, 2021, as amended at 89 FR 101762, Dec. 16, 2024] § 351.215 Expedited antidumping review and security in lieu of estimated duty under section 736(c) of the Act. (a) Introduction. (b) In general. (1) May permit, for not more than 90 days after the date of publication of an antidumping order, the posting of a bond or other security instead of the deposit of estimated antidumping duties required under section 736(a)(3) of the Act; and (2) Will initiate an expedited antidumping review. Before making such a determination, the Secretary will make business proprietary information available, and will provide interested parties with an opportunity to file written comments, in accordance with section 736(c)(4) of the Act. (c) Procedures. § 351.216 Changed circumstances review under section 751(b) of the Act. (a) Introduction. (b) Requests for changed circumstances review. (c) Limitation on changed circumstances review. see see (d) Procedures. (e) Time limits. see § 351.217 Reviews to implement results of subsidies enforcement proceeding under section 751(g) of the Act. (a) Introduction. e.g., (b) Violations of Article 8 of the Subsidies Agreement. (1) The Secretary receives notice from the Trade Representative of a violation of Article 8 of the Subsidies Agreement; (2) The Secretary has reason to believe that merchandise subject to an existing countervailing duty order or suspended investigation is benefiting from the subsidy or subsidy program found to have been in violation of Article 8; and (3) No administrative review is in progress, the Secretary will initiate an Article 8 violation review of the order or suspended investigation to determine whether the subject merchandise benefits from the subsidy or subsidy program found to have been in violation of Article 8 of the Subsidies Agreement. (c) Withdrawal of subsidy or imposition of countermeasures. (1)(i)(A) The United States has imposed countermeasures; and (B) Such countermeasures are based on the effects in the United States of imports of merchandise that is the subject of a countervailing duty order; or (ii) A WTO member country has withdrawn a countervailable subsidy provided with respect to merchandise subject to a countervailing duty order, then (2) The Secretary will initiate an Article 4/Article 7 review of the order to determine if the amount of estimated duty to be deposited should be adjusted or the order should be revoked. (d) Procedures. (e) Expedited reviews. § 351.218 Sunset reviews under section 751(c) of the Act. (a) Introduction. (b) In general. (c) Notice of initiation of review; early initiation Initial sunset review. see see (2) Subsequent sunset reviews. see (3) Early initiation. (4) Transition orders. (d) Participation in sunset review Domestic interested party notification of intent to participate Filing of notice of intent to participate. Federal Register (ii) Contents of notice of intent to participate. (A) The name, address, and phone number of the domestic interested party (and its members, if applicable) that intends to participate in the sunset review and the statutory basis (under section 771(9) of the Act) for interested party status; (B) A statement indicating whether the domestic producer: ( 1 ( 2 (C) The name, address, and phone number of legal counsel or other representative, if any; (D) The subject merchandise and country subject to the sunset review; and (E) The citation and date of publication in the Federal Register (iii) Failure of domestic interested party to file notice of intent to participate in the sunset review. (B) If no domestic interested party files a notice of intent to participate in the sunset review, the Secretary will: ( 1 ( 2 Federal Register ( 3 Federal Register see (2) Waiver of response by a respondent interested party to a notice of initiation Filing of statement of waiver. Federal Register (ii) Contents of statement of waiver. (A) The name, address, and phone number of the respondent interested party waiving participation in the sunset review before the Department; (B) The name, address, and phone number of legal counsel or other representative, if any; (C) The subject merchandise and country subject to the sunset review; and (D) The citation and date of publication in the Federal Register (iii) [Reserved] (iv) Waiver of participation by a foreign government in a CVD sunset review. (A) Conclude that respondent interested parties have provided inadequate response to the notice of initiation under section 751(c)(3)(B) of the Act; (B) Notify the International Trade Commission and conduct an expedited sunset review and issue final results of review in accordance with paragraph (e)(1)(ii)(C) of this section; and (C) Base the final results of review on the facts available in accordance with 351.308(f). (3) Substantive response to a notice of initiation Time limit for substantive response to a notice of initiation. Federal Register (ii) Required information to be filed by all interested parties in substantive response to a notice of initiation. (A) The name, address, and phone number of the interested party (and its members, if applicable) that intends to participate in the sunset review and the statutory basis (under section 771(9) of the Act) for interested party status; (B) The name, address, and phone number of legal counsel or other representative, if any; (C) The subject merchandise and country subject to the sunset review; (D) The citation and date of publication in the Federal Register (E) A statement expressing the interested party's willingness to participate in the review by providing information requested by the Department, which must include a summary of that party's historical participation in any segment of the proceeding before the Department related to the subject merchandise; (F) A statement regarding the likely effects of revocation of the order or termination of the suspended investigation under review, which must include any factual information, argument, and reason to support such statement; (G) Factual information, argument, and reason concerning the dumping margin or countervailing duty rate, as applicable, that is likely to prevail if the Secretary revokes the order or terminates the suspended investigation, that the Department should select for a particular interested party(s); (H) A summary of the Department's findings regarding duty absorption, if any, including a citation to the Federal Register (I) A description of any relevant scope clarification or ruling, including a circumvention determination, or changed circumstances determination issued by the Department during the proceeding with respect to the subject merchandise. (iii) Additional required information to be filed by respondent interested parties in substantive response to a notice of initiation. (A) That party's individual weighted average dumping margin or countervailing duty rate, as applicable, from the investigation and each subsequent completed administrative review, including the final margin or rate, as applicable, where such margin or rate was changed as a result of a final and conclusive court order; (B) For each of the five calendar years (or fiscal years, if more appropriate) preceding the year of publication of the notice of initiation, that party's volume and value (normally on an FOB basis) of exports of subject merchandise to the United States; (C) As applicable, for the calendar year (or fiscal year, if more appropriate) preceding the year of initiation of the dumping investigation, that party's volume and value (normally on an FOB basis) of exports of subject merchandise to the United States; (D) For each of the five calendar years (or fiscal years, if more appropriate) preceding the year of publication of the notice of initiation, on a volume basis (or value basis, if more appropriate), that party's percentage of the total exports of subject merchandise (defined in section 771(25) of the Act) to the United States; and (E) For each of the three most recent years, including the year of publication of the notice of initiation, that party's volume and value (normally on an FOB basis) of exports of subject merchandise to the United States during the two fiscal quarters as of the month preceding the month in which the notice of initiation was published. (iv) Optional information to be filed by interested parties in substantive response to a notice of initiation Showing good cause. (B) Other information. (v) Required information to be filed by a foreign government in substantive response to the notice of initiation in a CVD sunset review In general. see (B) Additional required information to be filed by a foreign government in a CVD sunset review involving an order where the investigation was conducted on an aggregate basis. ( 1 ( 2 ( 3 (vi) Substantive responses from industrial users and consumers. (4) Rebuttal to substantive response to a notice of initiation. (e) Conduct of sunset review Adequacy of response to a notice of initiation Adequacy of response from domestic interested parties In general. (B) Disregarding response from a domestic interested party. ( 1 ( 2 see (C) Inadequate response from domestic interested parts. ( 1 ( 2 Federal Register ( 3 Federal Register (ii) Adequacy of response from respondent interested parties In general. (B) Failure of a foreign government to file a substantive response to a notice of initiation in a CVD sunset review. ( 1 ( 2 ( 3 (C) Inadequate response from respondent interested parties. ( 1 Federal Register ( 2 Federal Register (2) Full sunset review upon adequate response from domestic and respondent interested parties In general. (ii) [Reserved] (iii) Consideration of other factors under section 752(b)(2) (CVD) or section 752(c)(2) (AD) of the Act. (f) Time limits Preliminary results of full sunset review. Federal Register (2) Verification In general. see see (ii) Timing of verification. Federal Register (3) Final results of full sunset review and notification to the International Trade Commission Timing of final results of review and notification to the International Trade Commission. Federal Register see (ii) Extension of time limit. see (4) Notice of continuation of an order or suspended investigation; notice of revocation of an order or termination of a suspended investigation. 3 Federal Register Federal Register. [62 FR 27379, May 19, 1997, as amended at 63 FR 13520, Mar. 20, 1998; 70 FR 62064, Oct. 28, 2005] § 351.219 Reviews of countervailing duty orders in connection with an investigation under section 753 of the Act. (a) Introduction. (b) Notification of domestic interested parties. (c) Initiation and conduct of section 753 review. see § 351.220 Countervailing duty review at the direction of the President under section 762 of the Act. At the direction of the President or a designee, the Secretary will conduct a review under section 762(a)(1) of the Act to determine if a countervailable subsidy is being provided with respect to merchandise subject to an understanding or other kind of quantitative restriction agreement accepted under section 704(a)(2) or section 704(c)(3) of the Act. The Secretary will conduct a review under this section in accordance with § 351.221. If the Secretary's final results of review under this section and the Commission's final results of review under section 762(a)(2) of the Act are both affirmative, the Secretary will issue a countervailing duty order and order suspension of liquidation in accordance with section 762(b) of the Act. § 351.221 Review procedures. (a) Introduction. (b) In general. (1) Promptly publish in the Federal Register (2) Before or after publication of notice of initiation of the review, send to appropriate interested parties or other persons (or, if appropriate, a sample of interested parties or other persons) questionnaires requesting factual information for the review; (3) Conduct, if appropriate, a verification under § 351.307; (4) Issue preliminary results of review, based on the available information, and publish in the Federal Register (i) The rates determined, if the review involved the determination of rates; and (ii) An invitation for argument consistent with § 351.309; (5) Issue final results of review and publish in the Federal Register (6) If the type of review in question involves a determination as to the amount of duties to be assessed, promptly after publication of the notice of final results instruct U.S. Customs and Border Protection to assess antidumping duties or countervailing duties (whichever is applicable) on the subject merchandise covered by the review, except as otherwise provided in § 351.106(c) with respect to de minimis (7) If the review involves a revision to the cash deposit rates for estimated antidumping duties or countervailing duties, instruct U.S. Customs and Border Protection to collect cash deposits at the revised rates on future entries. (c) Special rules Administrative reviews and new shipper reviews. (i) Will publish the notice of initiation of the review no later than the last day of the month following the anniversary month or the semiannual anniversary month (as the case may be); and (ii) Normally will send questionnaires no later than 30 days after the date of publication of the notice of initiation. (2) Expedited antidumping review. (i) Will include in the notice of initiation of the review an invitation for argument consistent with § 351.309, and a statement that the Secretary is permitting the posting of a bond or other security instead of a cash deposit of estimated antidumping duties; (ii) Will instruct U.S. Customs and Border Protection to accept, instead of the cash deposit of estimated antidumping duties under section 736(a)(3) of the Act, a bond for each entry of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the investigation and through the date not later than 90 days after the date of publication of the order; and (iii) Will not issue preliminary results of review. (3) Changed circumstances review. (i) Will include in the preliminary results of review and the final results of review a description of any action the Secretary proposed based on the preliminary or final results; (ii) May combine the notice of initiation of the review and the preliminary results of review in a single notice if the Secretary concludes that expedited action is warranted; and (iii) May refrain from issuing questionnaires under paragraph (b)(2) of this section. (4) Article 8 Violation review and Article 4/Article 7 review. (i) Will include in the notice of initiation of the review an invitation for argument consistent with § 351.309 and will notify all parties to the proceeding at the time the Secretary initiates the review; (ii) Will not issue preliminary results of review; and (iii) In the final results of review will indicate the amount, if any, by which the estimated duty to be deposited should be adjusted, and, in an Article 4/Article 7 review, any action, including revocation, that the Secretary will take based on the final results. (5) Sunset review. (i) The notice of initiation of a sunset review will contain a request for the information described in § 351.218(d); and (ii) The Secretary, without issuing preliminary results of review, may issue final results of review under paragraphs (3) or (4) of subsection 751(c) of the Act if the conditions of those paragraphs are satisfied. (6) Section 753 review. (i) Will include in the notice of initiation of the review an invitation for argument consistent with § 351.309, and will notify all parties to the proceeding at the time the Secretary initiates the review; and (ii) May decline to issue preliminary results of review. (7) Countervailing duty review at the direction of the President. (i) Include in the notice of initiation of the review a description of the merchandise, the period under review, and a summary of the available information which, if accurate, would support the imposition of countervailing duties; (ii) Notify the Commission of the initiation of the review and the preliminary results of review; (iii) Include in the preliminary results of review the countervailable subsidy, if any, during the period of review and a description of official changes in the subsidy programs made by the government of the affected country that affect the estimated countervailable subsidy; and (iv) Include in the final results of review the countervailable subsidy, if any, during the period of review and 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 estimated countervailable subsidy. [62 FR 27379, May 19, 1997, as amended at 63 FR 13525, Mar. 20, 1998] § 351.222 Revocation of orders; termination of suspended investigations. (a) Introduction. (b) Revocation or termination based on absence of dumping. (i) Whether all exporters and producers covered at the time of revocation by the order or the suspension agreement have sold the subject merchandise at not less than normal value for a period of at least three consecutive years; and (ii) Whether the continued application of the antidumping duty order is otherwise necessary to offset dumping. (2) If the Secretary determines, based upon the criteria in paragraphs (b)(1)(i) and (ii) of this section, that the antidumping duty order or suspension of the antidumping duty investigation is no longer warranted, the Secretary will revoke the order or terminate the investigation. (c) Revocation or termination based on absence of countervailable subsidy. (A) Whether the government of the affected country has eliminated all countervailable subsidies on the subject merchandise by abolishing for the subject merchandise, for a period of at least three consecutive years, all programs that the Secretary has found countervailable; (B) Whether exporters and producers of the subject merchandise are continuing to receive any net countervailable subsidy from an abolished program referred to in paragraph (c)(1)(i)(A) of this section; and (C) Whether the continued application of the countervailing duty order or suspension of countervailing duty investigation is otherwise necessary to offset subsidization. (ii) If the Secretary determines, based upon the criteria in paragraphs (c)(1)(i)(A) through (C) of this section, that the countervailing duty order or suspension of the countervailing duty investigation is no longer warranted, the Secretary will revoke the order or terminate the suspended investigation. (2)(i) In determining whether to revoke a countervailing duty order or terminate a suspended countervailing duty investigation, the Secretary will consider: (A) Whether all exporters and producers covered at the time of revocation by the order or the suspension agreement have not applied for or received any net countervailable subsidy on the subject merchandise for a period of at least five consecutive years; and (B) Whether the continued application of the countervailing duty order or suspension of the countervailing duty investigation is otherwise necessary to offset subsidization. (ii) If the Secretary determines, based upon the criteria in paragraphs (c)(2)(i)(A) and (B) of this section, that the countervailing duty order or the suspension of the countervailing duty investigation is no longer warranted, the Secretary will revoke the order or terminate the suspended investigation. (d) Treatment of unreviewed intervening years In general. see (2) Intervening year. (e) Request for revocation or termination—(1) Antidumping proceeding. (i) Certifications for all exporters and producers covered by the order or suspension agreement that they sold the subject merchandise at not less than normal value during the period of review described in § 351.213(e)(1), and that in the future they will not sell the merchandise at less than normal value; and (ii) Certifications for all exporters and producers covered by the order or suspension agreement that, during each of the consecutive years referred to in paragraph (b) of this section, they sold the subject merchandise to the United States in commercial quantities. (2) Countervailing duty proceeding. (ii) During the fifth and subsequent annual anniversary months of the publication of a countervailing duty order or suspended countervailing duty investigation, the government of the affected country may request in writing that the Secretary revoke an order or terminate a suspended investigation under paragraph (c)(2) of this section if the government submits with the request: (A) Certifications for all exporters and producers covered by the order or suspension agreement that they have not applied for or received any net countervailable subsidy on the subject merchandise for a period of at least five consecutive years (see paragraph (c)(2)(i) of this section); (B) Those exporters' and producers' certifications that they will not apply for or receive any net countervailable subsidy on the subject merchandise from any program the Secretary has found countervailable in any proceeding involving the affected country or from other countervailable programs (see paragraph (c)(2)(ii) of this section); and (C) A certification from each exporter or producer that, during each of the consecutive years referred to in paragraph (c)(2) of this section, that person sold the subject merchandise to the United States in commercial quantities. (f) Procedures. (2) When the Secretary is considering a request for revocation or termination under paragraph (e) of this section, in addition to the requirements of § 351.221 regarding the conduct of an administrative review, the Secretary will: (i) Publish with the notice of initiation under § 351.221(b)(1), notice of “Request for Revocation of Order” or “Request for Termination of Suspended Investigation” (whichever is applicable); (ii) Conduct a verification under § 351.307; (iii) Include in the preliminary results of review under § 351.221(b)(4) the Secretary's decision whether there is a reasonable basis to believe that the requirements for revocation or termination are met; (iv) If the Secretary decides that there is a reasonable basis to believe that the requirements for revocation or termination are met, publish with the notice of preliminary results of review under § 351.221(b)(4) notice of “Intent To Revoke Order” or “Intent To Terminate Suspended Investigation” (whichever is applicable); (v) Include in the final results of review under § 351.221(b)(5) the Secretary's final decision whether the requirements for revocation or termination are met; and (vi) If the Secretary determines that the requirements for revocation or termination are met, publish with the notice of final results of review under § 351.221(b)(5) notice of “Revocation of Order” or “Termination of Suspended Investigation” (whichever is applicable). (3) If the Secretary revokes an order, the Secretary will order the suspension of liquidation terminated for the merchandise covered by the revocation on the first day after the period under review, and will instruct U.S. Customs and Border Protection to release any cash deposit or bond. (g) Revocation or termination based on changed circumstances. (i) Producers accounting for substantially all of the production of the domestic like product to which the order (or the part of the order to be revoked) or suspended investigation pertains have expressed a lack of interest in the order, in whole or in part, or suspended investigation ( see (ii) Other changed circumstances sufficient to warrant revocation or termination exist. (2) If at any time the Secretary concludes from the available information that changed circumstances sufficient to warrant revocation or termination may exist, the Secretary will conduct a changed circumstances review under § 351.216. (3) In addition to the requirements of § 351.221, the Secretary will: (i) Publish with the notice of initiation ( see (ii) If the Secretary's conclusion regarding the possible existence of changed circumstances ( see see (iii) Conduct a verification, if appropriate, under § 351.307; (iv) Include in the preliminary results of review, under § 351.221(b)(4), the Secretary's decision whether there is a reasonable basis to believe that changed circumstances warrant revocation or termination; (v) If the Secretary's preliminary decision is that changed circumstances warrant revocation or termination, publish with the notice of preliminary results of review, under § 351.221(b)(4), notice of “Intent to Revoke Order (in Part)” or “Intent to Terminate Suspended Investigation” (whichever is applicable); (vi) Include in the final results of review, under § 351.221(b)(5), the Secretary's final decision whether changed circumstances warrant revocation or termination; and (vii) If the Secretary's determines that changed circumstances warrant revocation or termination, publish with the notice of final results of review, under § 351.221(b)(5), notice of “Revocation of Order (in Part)” or “Termination of Suspended Investigation” (whichever is applicable). (4) If the Secretary revokes an order, in whole or in part, under paragraph (g) of this section, the Secretary will order the suspension of liquidation ended for the merchandise covered by the revocation on the effective date of the notice of revocation, and will instruct U.S. Customs and Border Protection to release any cash deposit or bond. (h) Revocation or termination based on injury reconsideration. Federal Register (i) Revocation or termination based on sunset review Circumstances under which the Secretary will revoke an order or terminate a suspended investigation. (i) Under section 751(c)(3)(A) of the Act, where no domestic interested party files a Notice of Intent to Participate in the sunset review under § 351.218(d)(1), or where the Secretary determines under § 351.218(e)(1)(i)(C) that domestic interested parties have provided inadequate response to the Notice of Initiation, not later than 90 days after the date of publication in the Federal Register (ii) Under section 751(d)(2) of the Act, where the Secretary determines that revocation or termination is not likely to lead to continuation or recurrence of a countervailable subsidy or dumping ( see Federal Register (iii) Under section 751(d)(2) of the Act, where the International Trade Commission makes a determination, under section 752(a) of the Act, that revocation or termination is not likely to lead to continuation or recurrence of material injury, not later than seven days after the date of publication in the Federal Register (2) Effective date of revocation In general. see Federal Register see (ii) Transition orders. see see (j) Revocation of countervailing duty order based on Commission negative determination under section 753 of the Act. (1) The Commission has determined that an industry in the United States is not likely to be materially injured if the countervailing duty order in question is revoked ( see (2) A domestic interested party did not make a timely request for an investigation under section 753(a) of the Act ( see (k) Revocation based on Article 4/Article 7 review In general. see (2) Additional requirements. (i) Conduct a verification, if appropriate, under § 351.307; (ii) Include in the final results of review, under § 351.221(b)(5), the Secretary's final decision whether the order should be revoked; (iii) If the Secretary's final decision is that the order should be revoked: (A) Determine the effective date of the revocation; (B) Publish with the notice of final results of review, under § 351.221(b)(5), a notice of “Revocation of Order (in Part),” that will include the effective date of the revocation; and (C) Order any suspension of liquidation ended for merchandise covered by the revocation that was entered on or after the effective date of the revocation, and instruct U.S. Customs and Border Protection to release any cash deposit or bond. (l) Revocation under section 129. (m) Cross-reference. [62 FR 27379, May 19, 1997, as amended at 63 FR 13523, Mar. 20, 1998; 64 FR 51240, Sept. 22, 1999; 77 FR 29883, May 21, 2012] § 351.223 Procedures for initiation of downstream product monitoring. (a) Introduction. (b) Contents of application. (1) The name and address of the person requesting the monitoring and a description of the article it produces which is the basis for filing its application; (2) A detailed description of the downstream product in question; (3) A detailed description of the component product that is incorporated into the downstream product, including the value of the component part in relation to the value of the downstream product, and the extent to which the component part has been substantially transformed as a result of its incorporation into the downstream product; (4) The name of the country of production of both the downstream and component products and the name of any intermediate country from which the merchandise is imported; (5) The name and address of all known producers of component parts and downstream products in the relevant countries and a detailed description of any relationship between such producers; (6) Whether the component part is already subject to monitoring to aid in the enforcement of a bilateral arrangement within the meaning of section 804 of the Trade and Tariff Act of 1984; (7) A list of all antidumping or countervailing duty investigations that have been suspended, or antidumping or countervailing duty orders that have been issued, on merchandise that is related to the component part and that is manufactured in the same foreign country in which the component part is manufactured; (8) A list of all antidumping or countervailing duty investigations that have been suspended, or antidumping or countervailing duty orders that have been issued, on merchandise that is manufactured or exported by the manufacturer or exporter of the component part and that is similar in description and use to the component part; and (9) The reasons for suspecting that the imposition of antidumping or countervailing duties has resulted in a diversion of exports of the component part into increased production and exportation to the United States of the downstream product. (c) Determination of sufficiency of application. (d) Notice of determination. Federal Register § 351.224 Disclosure of calculations and procedures for the correction of ministerial errors. (a) Introduction. (b) Disclosure. (c) Comments regarding ministerial errors In general. (2) Time limits for submitting comments. (i) The date on which the Secretary released disclosure documents to that party; or (ii) The date on which the Secretary held a disclosure meeting with that party. (3) Replies to comments. (4) Extensions. (d) Contents of comments and replies. see (e) Corrections. Federal Register. see see see (f) Definition of “ministerial error.” ministerial error (g) Definition of “significant ministerial error.” significant ministerial error see (1) Would result in a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin or the countervailable subsidy rate (whichever is applicable) calculated in the original (erroneous) preliminary determination; or (2) Would result in a difference between a weighted-average dumping margin or countervailable subsidy rate (whichever is applicable) of zero (or de minimis de minimis, § 351.225 Scope rulings. (a) Introduction. (b) Self-initiation of a scope inquiry. Federal Register (c) Scope ruling application Contents. (2) Requested information. (i) A detailed description of the product and its uses, as necessary: (A) The physical characteristics (including chemical, dimensional, and technical characteristics) of the product; (B) The country(ies) where the product is produced, the country from where the product is exported, and if imported, the declared country of origin; (C) The product's tariff classification under the Harmonized Tariff Schedule of the United States and copies of any Customs rulings relevant to the tariff classification; (D) The uses of the product; (E) Clear and legible photographs, schematic drawings, specifications, standards, marketing materials, and any other exemplars providing a visual depiction of the product; and (F) A description of parts, materials, and the production process employed in the production of the product; (ii) A concise public summary of the product's description under paragraphs (c)(2)(i)(A) through (C) of this section. (iii) The name and address of the producer, exporter, and importer of the product. (iv) A narrative history of the production of the product at issue, including a history of earlier versions of the product if this is not the first model of the product. (v) The volume of annual production of the product for the most recently completed fiscal year. (vi) If the product has been imported into the United States as of the date of the filing of the scope ruling application: (A) An explanation as to whether an entry of the product has been declared by an importer, or determined by U.S. Customs and Border Protection, as subject to an order, and (B) Relevant documentation, including dated copies of U.S. Customs and Border Protection entry summary forms (or electronic entry processing system documentation) identifying the product upon importation and other related commercial documents, including invoices and contracts, which reflect the details surrounding the sale and purchase of that imported product. (vii) A statement as to whether the product undergoes any additional processing in the United States after importation, or in a third country before importation, and a statement as to the relevance of this processing to the scope of the order. (viii) The applicant's statement as to whether the product is covered by the scope of the order, including: (A) An explanation with specific reference to paragraph (j) and (k) of this section, as appropriate; (B) Citations to any applicable legal authority; and (C) Whether there are companion orders as described in paragraph (m)(2) of this section. (ix) Factual information supporting the applicant's position, including full copies of prior scope determinations and relevant excerpts of other documents identified in paragraph (k)(1) of this section. (x) If the product has not been imported into the United States as of the date of the filing of the scope ruling application: (A) A statement that the product has been commercially produced; (B) A description of the countries in which the product is sold, or has been sold; and (C) Relevant documentation which reflects the details surrounding the production and sale of that product in countries other than the United States. (3) Comments on the adequacy of the request. (d) Initiation of a scope inquiry and other actions based on a scope ruling application Acceptance and initiation of a scope inquiry based on a scope ruling application. (i) If the Secretary determines that a scope ruling application is incomplete or otherwise unacceptable, the Secretary may reject the scope ruling application and will provide a written explanation of the reasons for the rejection. If the scope ruling application is rejected, the applicant may resubmit the full application at any time, with all identified deficiencies corrected. (ii) If the Secretary issues questions to the applicant seeking clarification with respect to one or more aspects of a scope ruling application, the Secretary will determine whether or not to initiate within 30 days after the applicant files a timely response to the Secretary's questions. (iii) If the Secretary does not reject the scope ruling application or initiate the scope inquiry within 31 days after the filing of the application or the receipt of a timely response to the Secretary's questions, the application will be deemed accepted, and the scope inquiry will be deemed initiated. (2) Addressing the scope issue in another segment of the proceeding. (3) Notice of scope applications. Federal Register (e) Deadlines for scope rulings In general. (2) Extension. (3) Alignment with other segments. (f) Scope inquiry procedures. (2) Within 30 days after the initiation of a scope inquiry under paragraph (d)(1) of this section, an interested party other than the applicant is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information contained in the scope ruling application. Within 14 days after the filing of such rebuttal, clarification, or correction, the applicant is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information submitted in the interested party's rebuttal, clarification or correction. (3) Following initiation of a scope inquiry under paragraph (b) or (d) of this section, the Secretary may issue questionnaires and verify submissions received, where appropriate. The Secretary may limit issuance of questionnaires to a reasonable number of respondents. Questionnaire responses are due on the date specified by the Secretary. Within 14 days after a questionnaire response has been filed with the Secretary, an interested party other than the original submitter is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information contained in the questionnaire response. Within seven days of the filing of such rebuttal, clarification, or correction, the original submitter is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information submitted in the interested party's rebuttal, clarification or correction. (4) If the Secretary issues a preliminary scope ruling under paragraph (g) of this section, which is not issued concurrently with the initiation of the scope inquiry, the Secretary will establish a schedule for the filing of scope comments and rebuttal comments. Unless otherwise specified, any interested party may submit scope comments within 14 days after the issuance of the preliminary scope ruling, and any interested party may submit rebuttal comments within 7 days thereafter. Unless otherwise specified, no new factual information will be accepted in the scope or rebuttal comments. (5) If the Secretary issues a preliminary scope ruling concurrently with the initiation of a scope inquiry under paragraph (g) of this section, paragraphs (f)(1) through (4) of this section will not apply. In such a situation, the Secretary will establish appropriate procedures on a case-specific basis. (6) If the Secretary determines it is appropriate to do so, the Secretary may rescind, in whole or in part, a scope inquiry under this section and will notify interested parties. (7) If the Secretary determines it is appropriate to do so, the Secretary may alter or extend any time limits under this paragraph or establish a separate schedule for the filing of comments and/or factual information during the scope inquiry. (g) Preliminary scope ruling. (h) Final scope ruling. see (i) Other segments of the proceeding. (2) During the pendency of a scope inquiry or upon issuance of a final scope ruling under paragraph (h) of this section, the Secretary may take any further action, as appropriate, with respect to another segment of the proceeding. For example, if the Secretary considers it appropriate, the Secretary may request information concerning the product that is the subject of the scope inquiry for purpose of an administrative review under § 351.213. (j) Country of origin determinations. (1) In determining the country of origin, the Secretary may conduct a substantial transformation analysis that considers relevant factors that arise on a case-by-case basis, including: (i) Whether the processed downstream product is a different class or kind of merchandise than the upstream product; (ii) The physical characteristics (including chemical, dimensional, and technical characteristics) of the product; (iii) The intended end-use of the downstream product; (iv) The cost of production/value added of further processing in the third country or countries; (v) The nature and sophistication of processing in the third country or countries; and (vi) The level of investment in the third country or countries. (2) In conducting a country of origin determination, the Secretary also may consider where the essential component of the product is produced or where the essential characteristics of the product are imparted. (k) Scope rulings. (i) The following primary interpretive sources may be taken into account under paragraph (k)(1) introductory text of this section, at the discretion of the Secretary: (A) The descriptions of the merchandise contained in the petition pertaining to the order at issue; (B) The descriptions of the merchandise contained in the initial investigation pertaining to the order at issue; (C) Previous or concurrent determinations of the Secretary, including prior scope rulings, memoranda, or clarifications pertaining to both the order at issue, as well as other orders with same or similar language as that of the order at issue; and (D) Determinations of the Commission pertaining to the order at issue, including reports issued pursuant to the Commission's initial investigation. (ii) The Secretary may also consider secondary interpretive sources under paragraph (k)(1) introductory text of this section, such as any other determinations of the Secretary or the Commission not identified above, Customs rulings or determinations, industry usage, dictionaries, and any other relevant record evidence. However, in the event of a conflict between these secondary interpretive sources and the primary interpretive sources under paragraph (k)(1)(i) of this section, the primary interpretive sources will normally govern in determining whether a product is covered by the scope of the order at issue. (2)(i) If the Secretary determines that the sources under paragraph (k)(1) of this section are not dispositive, the Secretary will then further consider the following factors: (A) The physical characteristics (including chemical, dimensional, and technical characteristics) of the product; (B) The expectations of the ultimate users; (C) The ultimate use of the product; (D) The channels of trade in which the product is sold; and (E) The manner in which the product is advertised and displayed. (ii) In the event of a conflict between the factors under paragraph (k)(2)(i) of this section, paragraph (k)(2)(i)(A) will normally be allotted greater weight than the other factors. (3) If merchandise contains or consists of two or more components and the product at issue in the scope inquiry is a component of that merchandise as a whole, the Secretary may adopt the following analysis: (i) The Secretary will analyze the scope language under paragraph (k)(1) of this section, and, if necessary, the factors under paragraph (k)(2) of this section, to determine if the component product, standing alone, would be covered by an order; (ii) If the Secretary determines that the component product would otherwise be covered by the scope of an order as a result of the analysis under (k)(3)(i) of this section, the Secretary will consider the scope language under paragraph (k)(1) of this section to determine whether the component product's inclusion in the merchandise as a whole results in its exclusion from the scope of the order; and (iii) If the Secretary determines the analysis under (k)(3)(ii) of this section does not resolve whether the component product's inclusion in the merchandise as a whole results in its exclusion from the scope of the order, then the Secretary will consider, as appropriate, the following relevant factors that may arise on a product-specific basis: (A) The practicability of separating the in-scope component for repackaging or resale, considering the relative difficulty and expense of separating the components; (B) The measurable value of the in-scope component as compared to the measurable value of the merchandise as a whole; and (C) The ultimate use or function of the in-scope component relative to the ultimate use or function of the merchandise as a whole. (l) Suspension of liquidation. (2) If the Secretary issues a preliminary scope ruling under paragraph (g) of this section that the product at issue is covered by the scope of the order, the Secretary will take the following actions: (i) The Secretary will direct U.S. Customs and Border Protection to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate; (ii) The Secretary will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of initiation of the scope inquiry; and (iii)(A) In general. (B) Exception. (3) If the Secretary issues a final scope ruling under paragraph (h) of this section that the product at issue is covered by the scope of the order, the Secretary will take the following actions: (i) The Secretary will direct U.S. Customs and Border Protection to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate until appropriate liquidation instructions are issued; (ii) The Secretary will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of initiation of the scope inquiry until appropriate liquidation instructions are issued; and (iii)(A) In general. (B) Exception. (4) If the Secretary issues a final scope ruling under paragraph (h) of this section that the product is not covered by the scope of the order, and entries of the product at issue are not otherwise subject to suspension of liquidation as a result of another segment of the proceeding, such as a circumvention inquiry under § 351.226 or a covered merchandise inquiry under § 351.227, the Secretary will order U.S. Customs and Border Protection to terminate the suspension of liquidation and refund any cash deposits for such entries. (5) Nothing in this section affects the U.S. Customs and Border Protection's authority to take any additional action with respect to the suspension of liquidation or related measures. (m) Applicability of scope rulings; companion orders Applicability of scope rulings. (i) On a producer-specific, exporter-specific, importer-specific basis, or some combination thereof; or (ii) To all products from the same country with the same relevant physical characteristics, (including chemical, dimensional and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter or importer of those products. (2) Companion antidumping and countervailing duty orders. (n) Service of scope ruling application; annual inquiry service list; entry of appearance. (2) For purposes of this section, the “annual inquiry service list” will include the petitioner(s) and those parties that file a request for inclusion on the annual inquiry service list for a proceeding, in accordance with the Secretary's established procedures. (3) A new “annual inquiry service list” will be established on a yearly basis. Parties filing a request for inclusion on that list must file a request during the anniversary month of the publication of the antidumping or countervailing duty order. Only the petitioner and the government of the foreign country at issue in an antidumping or countervailing duty order will be automatically placed on the new annual inquiry service list once the previous year's list has been replaced. (4) Once a scope inquiry has been self-initiated or a scope ruling application is accepted by the Secretary, a segment-specific service list will be established and the requirements of § 351.303(f) will apply. Parties other than the scope ruling applicant under paragraph (c) of this section that wish to participate in the scope inquiry must file an entry of appearance in accordance with § 351.103(d)(1). (o) Publication of list of final scope rulings. Federal Register (p) Suspended investigations; suspension agreements. see (q) Scope clarifications. (1) Scope clarifications may be used in the following situations to clarify: (i) Whether a product is covered or excluded by the scope of an order based on two or more previous scope determinations covering products which have the same or similar physical characteristics (including chemical, dimensional, and technical characteristics); (ii) Whether a product covered by the scope of an order, and for which coverage is not at issue, is not subject to the imposition of antidumping or countervailing duties pursuant to a statutory exception to the trade remedy laws, such as the limited governmental importation exception set forth in section 771(20)(B) of the Act; (iii) Whether language or descriptors in the scope of an order that are subsequently updated, revised, or replaced, in the following circumstances, continue to apply to the product at issue: (A) Modifications to the language in the scope of an order pursuant to litigation or a changed circumstances review under section 751(b) of the Act; (B) Changes to Harmonized Tariff Schedule classifications, as administered by the Commission; and (C) Changes to industrial standards set forth in a scope, as determined by the industry source for those standards identified in the scope; and (iv) To clarify an analysis conducted by Commerce in a previous scope determination or scope ruling. For example, an issue may arise as to whether certain processing, observed in a segment of proceeding and conducted in a third country, falls within a stage of production previously determined by the Secretary in a country-of-origin analysis in the same proceeding, pursuant to paragraph (j)(2) of this section, to be the stage of production at which the essential component of the product is produced or where the essential characteristics of the product are imparted. (2) Scope clarifications may take the form of an interpretive footnote to the scope when the scope is published or issued in instructions to U.S. Customs and Border Protection, or in a memorandum issued in an ongoing segment of a proceeding. At the discretion of the Secretary, a scope clarification may also take the form of preliminary and final notices of scope clarification published in the Federal Register. Federal Register [86 FR 52374, Sept. 20, 2021, as amended at 88 FR 67077, Sept. 29, 2023; 89 FR 20833, Mar. 25, 2024] § 351.226 Circumvention inquiries. (a) Introduction. (b) Self-initiation of a circumvention inquiry. Federal Register (c) Circumvention inquiry request In general. (2) Contents of request. (i) A detailed description of the merchandise allegedly circumventing the antidumping or countervailing duty order, including: (A) The physical characteristics (including chemical, dimensional or technical characteristics) of the product; (B) The country(ies) where the product is produced, the country from where it is exported, and the declared country of origin; (C) The product's tariff classification under the Harmonized Tariff Schedule of the United States and copies of any Customs rulings relevant to the tariff classification; (D) The uses of the product; (E) Clear and legible photographs, schematic drawings, specifications, standards, marketing materials, and any other exemplars providing a visual depiction of the product; and (F) A description of parts, materials, and the production process employed in the production of the product. (ii) A concise public summary of the product's description under paragraphs (c)(2)(i)(A) through (C) of this section. (iii) The name and address of the producer, exporter, and importer of the product. If the full universe of parties allegedly circumventing the order(s) is unknown, then examples are sufficient. (iv) A statement of the requestor's position as to the nature of the alleged circumvention under section 781 of the Act, such as a description of the procedures, channels of trade, and foreign countries involved (including a description of the processes occurring in each country), as appropriate. (v) A statement of the requestor's position as to whether the circumvention inquiry, if initiated, should be conducted on a country-wide basis. (vi) Factual information supporting this position, including import and export data relevant to the merchandise allegedly circumventing the antidumping or countervailing duty order. (3) Comments and information on the adequacy of the request. (d) Initiation of a circumvention inquiry and other actions based on a request Initiation of a circumvention inquiry. (i) If the Secretary determines that the request is incomplete or otherwise unacceptable, the Secretary may reject the request, and will provide a written explanation of the reasons for the rejection. If the request is rejected, the requestor may resubmit the full request at any time, with all identified deficiencies corrected. (ii) If the Secretary issues questions to the requestor seeking clarification with respect to one or more aspects of a circumvention inquiry request, the Secretary will determine whether or not to initiate within 30 days after the requestor files a timely response to the Secretary's questions. (iii) If the Secretary determines that a request for a circumvention inquiry satisfies the requirements of paragraph (c) of this section, the Secretary will accept the request and initiate a circumvention inquiry. The Secretary will publish a notice of initiation in the Federal Register (2) Other actions based on a request for a circumvention inquiry. (i) If the Secretary determines upon review of a request for a circumvention inquiry that a scope ruling is warranted before the Secretary can conduct a circumvention analysis, the Secretary may either initiate the circumvention inquiry under paragraph (d)(1)(ii) of this section and address the scope issue in the circumvention inquiry ( see (ii) If the Secretary determines upon review of the request for a circumvention inquiry that the circumvention issue should be addressed in an ongoing segment of the proceeding, such as a covered merchandise inquiry under § 351.227, rather than initiating a circumvention inquiry, the Secretary will notify the requestor of its intent to address the circumvention issue in such other segment. (e) Deadlines for circumvention determinations Preliminary determination. (2) Final determination. (3) Alignment with other segments. (f) Circumvention inquiry procedures. (2) Within 30 days after the initiation of a circumvention inquiry under paragraph (d)(1) of this section, an interested party other than the applicant is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information contained in the scope ruling application. Within 14 days after the filing of such rebuttal, clarification, or correction, the applicant is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information submitted in the interested party's rebuttal, clarification, or correction. (3) Following initiation of a circumvention inquiry under paragraph (b) or (d) of this section, the Secretary may issue questionnaires and verify submissions received, where appropriate. The Secretary may limit issuance of questionnaires to a reasonable number of respondents. Questionnaire responses are due on the date specified by the Secretary. Within 14 days after a questionnaire response has been filed with the Secretary, an interested party other than the original submitter is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information contained in the questionnaire response. Within 7 days of the filing of such rebuttal, clarification, or correction, the original submitter is permitted one opportunity to submit comments and factual information to rebut, clarify, or correct factual information contained in the interested party's rebuttal, clarification or correction. (4) If the Secretary issues a preliminary circumvention determination under paragraph (g)(1) of this section, which is not issued concurrently with the initiation of the circumvention inquiry, the Secretary will establish a schedule for the filing of comments and rebuttal comments. Unless otherwise specified, any interested party may submit comments within 14 days after the issuance of the preliminary circumvention determination, and any interested party may submit rebuttal comments within 7 days thereafter. Unless otherwise specified, no new factual information will be accepted in the comments or rebuttal comments. (5) If the Secretary issues a preliminary circumvention determination concurrently with the initiation of the circumvention inquiry under paragraph (g)(1) of this section, paragraphs (f)(1) through (4) will not apply. In such a situation, the Secretary will establish appropriate procedures on a case-specific basis. (6) If the Secretary determines it is appropriate to do so, the Secretary may rescind, in whole or in part, a circumvention inquiry, under this section and will notify interested parties. Situations in which the Secretary may rescind a circumvention inquiry include: (i) The requestor timely withdraws its request for a circumvention inquiry under paragraph (c) of this section; (ii) The Secretary issues a final determination in another segment of a proceeding, and has determined that the merchandise at issue in the circumvention inquiry is covered by the scope of the antidumping or countervailing duty order; (iii) The Secretary has initiated a circumvention inquiry under paragraph (b) or (d) of this section to examine circumvention under two or more provisions under paragraph (h), (i), (j), or (k) of this section, and determines that it is not necessary to issue a final circumvention determination with respect to one of those paragraphs. For example, if the Secretary initiates a circumvention inquiry to examine whether merchandise is altered in minor respects under paragraph (j) of this section or later-developed merchandise under paragraph (k) of this section, the Secretary may rescind the inquiry in part to address only one of those provisions; or (iv) The Secretary has initiated a covered merchandise inquiry under § 351.227 and determined that it can address the necessary elements for a circumvention determination under section 781 of the Act in that proceeding. (7) If the Secretary determines it is appropriate to do so, the Secretary may alter or extend any time limits under this paragraph or establish a separate schedule for the filing of comments and/or factual information during the circumvention inquiry. (8)(i) The Secretary will notify the Commission in writing of the proposed inclusion of products in an order prior to issuing a final determination under paragraph (g)(2) of this section based on a determination under: (A) Section 781(a) of the Act (paragraph (h) of this section) with respect to merchandise completed or assembled in the United States (other than minor completion or assembly); (B) Section 781(b) of the Act (paragraph (i) of this section) with respect to merchandise completed or assembled in other foreign countries; or (C) Section 781(d) of the Act (paragraph (k) of this section) with respect to later-developed products that incorporate a significant technological advance or significant alteration of an earlier product. (ii) If the Secretary notifies the Commission under paragraph (f)(8)(i) of this section, upon the written request of the Commission, the Secretary will consult with the Commission regarding the proposed inclusion, and any such consultation will be completed within 15 days after the date of such request. If, after consultation, the Commission believes that a significant injury issue is presented by the proposed inclusion of a product within an order, the Commission may provide written advice to the Secretary as to whether the inclusion would be inconsistent with the affirmative injury determination of the Commission on which the order is based. (9) During the pendency of a circumvention inquiry or upon issuance of a final circumvention determination under paragraph (g)(2) of this section, the Secretary may take any further action, as appropriate, with respect to another segment of the proceeding. For example, if the Secretary considers it appropriate, the Secretary may request information concerning the product that is the subject of the circumvention inquiry for purposes of an administrative review under § 351.213. (g) Circumvention determinations Preliminary determination. Federal Register. (2) Final determination. Federal Register. (h) Products completed or assembled in the United States. (i) Products completed or assembled in other foreign countries. (j) Minor alterations of merchandise. (k) Later-developed merchandise. (l) Suspension of liquidation. (2) If the Secretary issues an affirmative preliminary determination under paragraph (g)(1) of this section that the product at issue is covered by the scope of the order, the Secretary will take the following actions: (i) The Secretary will direct U.S. Customs and Border Protection to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate; (ii) The Secretary will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of the publication of the notice of initiation of the circumvention inquiry; and (iii)(A) In general. (B) Exception. see (3) If the Secretary issues an affirmative final determination under paragraph (g)(2) of this section that the product at issue is covered by the scope of the order, the following rules will apply: (i) The Secretary will direct U.S. Customs and Border Protection to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate until appropriate liquidation instructions are issued; (ii) The Secretary will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the inquiry until appropriate liquidation instructions are issued; and (iii)(A) In general. (B) Exception. (4) If the Secretary issues a negative final determination under paragraph (g)(2) of this section, and entries of the product are not otherwise subject to suspension of liquidation as a result of another segment of the proceeding, such as a covered merchandise inquiry under § 351.227, the Secretary will order U.S. Customs and Border Protection to terminate the suspension of liquidation and refund any cash deposits for such entries. (5) Nothing in this section affects the U.S. Customs and Border Protection's authority to take any additional action with respect to the suspension of liquidation or related measures. (m) Applicability of circumvention determination; companion orders Applicability of circumvention determination. (i) The application of the determination on a producer-specific, exporter-specific, importer-specific basis, or some combination thereof; (ii) The application of the determination on a country-wide basis to all products from the same country as the product at issue with the same relevant physical characteristics, (including chemical, dimensional and technical characteristics), regardless of producer, exporter, or importer of those products; (iii) The application of the determination on a country-wide basis to all products from the same country as the product at issue with similar relevant physical characteristics, (including chemical, dimensional and technical characteristics), regardless of producer, exporter, or importer of those products; and (iv) The implementation of a certification requirement under 19 CFR 351.228. (2) Companion antidumping and countervailing duty orders. Federal Register Federal Register (n) Service of circumvention inquiry request; annual inquiry service list; entry of appearance. (2) Once a circumvention inquiry is self-initiated or a circumvention inquiry request is accepted by the Secretary, a segment-specific service list will be established and the requirements of § 351.303(f) will apply. Parties other than the interested party requesting a circumvention inquiry that wish to participate in the circumvention inquiry must file an entry of appearance in accordance with § 351.103(d)(1). (o) Suspended investigations; suspension agreements. see [86 FR 52377, Sept. 20, 2021, as amended at 88 FR 67078, Sept. 29, 2023; 89 FR 20834, Mar. 25, 2024] § 351.227 Covered merchandise referrals. (a) Introduction. (b) Actions with respect to covered merchandise referral. (i) Initiate a covered merchandise inquiry; or (ii) If the Secretary determines upon review of the covered merchandise referral that the issue can be addressed in an ongoing segment of the proceeding, such as a scope inquiry under § 351.225 or a circumvention inquiry under § 351.226, rather than initiating the covered merchandise inquiry, the Secretary will address the covered merchandise referral in such other segment. (2) The Secretary will publish a notice of its action taken with respect to a covered merchandise referral under paragraph (b)(1) of this section in the Federal Register (c) Deadlines for covered merchandise determinations In general. (2) Extension. (i) If the Secretary has issued questionnaires to interested parties; received responses to those questionnaires; and determined that an extension is warranted to request further information or consider and address the parties' responses on the record adequately; (ii) The Secretary has issued a preliminary covered merchandise determination ( see (iii) The Secretary has determined to address a scope or circumvention issue from another segment of the proceeding involving the same or similar products in the covered merchandise inquiry, pursuant to § 351.225(d)(2) or (i) or § 351.226(f)(6)(iv). (3) Alignment with other segments. (d) Covered merchandise inquiry procedures. (1) Within 30 days after the date of publication of the notice of an initiation of a covered merchandise inquiry under paragraph (b)(1) of this section, interested parties are permitted one opportunity to submit comments and factual information addressing the initiation. Within 14 days after the filing of such comments, any interested party is permitted one opportunity to submit comment and factual information to rebut, clarify, or correct factual information submitted by the other interested parties.

ies. (2) Following initiation of a covered merchandise inquiry under paragraph (b)(1) of this section, the Secretary may issue questionnaires and verify submissions received, where appropriate. The Secretary may limit issuance of questionnaires to a reasonable number of respondents. Questionnaire responses are due on the date specified by the Secretary. Within 14 days after a questionnaire response has been filed with the Secretary, an interested party other than the original submitter is permitted one opportunity to submit comment and factual information to rebut, clarify, or correct factual information contained in the questionnaire response. Within 7 days of the filing of such rebuttal, clarification, or correction, the original submitter is permitted one opportunity to submit comment and factual information to rebut, clarify, or correct factual information submitted in the interested party's rebuttal, clarification or correction. (3) If the Secretary issues a preliminary covered merchandise determination under paragraph (e)(1) of this section, which is not issued concurrently with the initiation of a covered merchandise inquiry, the Secretary will establish a schedule for the filing of comments and rebuttal comments. Unless otherwise specified, any interested party may submit comments within 14 days after the issuance of the preliminary covered merchandise determination, and any interested party may submit rebuttal comments within 7 days thereafter. Unless otherwise specified, no new factual information will be accepted in the comments or rebuttal comments. (4) If the Secretary issues a preliminary covered merchandise determination concurrently with the initiation of the covered merchandise inquiry under paragraph (e)(1) of this section, paragraphs (d)(1) through (3) will not apply. In such a situation, the Secretary will establish appropriate procedures on a case-specific basis. (5) If the Secretary determines it appropriate to do so, the Secretary may rescind, in whole or in part, a covered merchandise inquiry under this section and will notify interested parties. Situations in which the Secretary may rescind a covered merchandise inquiry include: (i) The U.S. Customs and Border Protection withdraws its request for a covered merchandise inquiry under paragraph (b) of this section; or (ii) The Secretary has initiated a scope inquiry under § 351.225 or a circumvention inquiry under § 351.226 and determines that it can address the covered merchandise referral in such other segment of the proceeding. (6) If the Secretary determines it is appropriate to do so, the Secretary may alter or extend any time limits under this paragraph or establish a separate schedule for the filing of comments and/or factual information during the covered merchandise inquiry. (7) During the pendency of a covered merchandise inquiry or upon issuance of a final covered merchandise determination under paragraph (e)(2) of this section, the Secretary may take any further action, as appropriate, with respect to another segment of the proceeding. For example, if the Secretary considers it appropriate, the Secretary may request information concerning the product that is the subject of the covered merchandise inquiry for purpose of an administrative review under § 351.213. (e) Covered merchandise determinations Preliminary determination. Federal Register. (2) Final determination. Federal Register. (i) Convey a copy of the final determination in the manner prescribed by section 516A(a)(2)(A)(ii) of the Act to all parties to the proceeding (see § 351.102(b)(36)); and (ii) Transmit a copy of the final covered merchandise determination to U.S. Customs and Border Protection in accordance with section 517(b)(4)(B) of the Act. (3) Covered merchandise determinations in other segments of the proceeding. (f) Basis for covered merchandise determination. (g)-(k) [Reserved] (l) Suspension of liquidation. (2) If the Secretary issues an affirmative preliminary covered merchandise determination under paragraph (e)(1) of this section that the product at issue is covered by the scope of the order, the Secretary will take the following actions: (i) The Secretary will direct U.S. Customs and Border Protection to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate; (ii) The Secretary will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the covered merchandise inquiry; and (iii) The Secretary normally will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of the covered merchandise inquiry. (3) If the Secretary issues an affirmative final covered merchandise determination under paragraph (e)(2) of this section that the product at issue is covered by the scope of the order, the Secretary will take the following actions: (i) The Secretary will direct U.S. Customs and Border Protection to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate until appropriate liquidation instructions are issued; (ii) The Secretary will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the covered merchandise inquiry until appropriate liquidation instructions are issued; and (iii) The Secretary normally will direct U.S. Customs and Border Protection to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of the covered merchandise inquiry until appropriate liquidation instructions are issued. (4) If the Secretary issues a negative final covered merchandise determination under paragraph (e)(2) of this section that the product at issue is not covered by the scope of the order, and entries of the product at issue are not otherwise subject to suspension of liquidation as a result of another segment of a proceeding, such as a circumvention inquiry under § 351.226, the Secretary will direct U.S. Customs and Border Protection to terminate the suspension of liquidation and refund any cash deposits for such entries. (5) Nothing in this section affects the U.S. Customs and Border Protection's authority to take any additional action with respect to the suspension of liquidation or related measures. (m) Applicability of covered merchandise determination; companion orders Applicability of covered merchandise determination. (i) On a producer-specific, exporter-specific, importer-specific basis, or some combination thereof; or (ii) To all products from the same country with the same relevant physical characteristics, (including chemical, dimensional and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter or importer of those products. (2) Companion antidumping and countervailing duty orders. Federal Register Federal Register (n) Service list. (o) Suspended investigations; suspension agreements. see [86 FR 52381, Sept. 20, 2021, as amended at 88 FR 67078, Sept. 29, 2023; 89 FR 20835, Mar. 25, 2024] § 351.228 Certification by importer or other interested party. (a) Certification requirements. (i) Maintain a certification for entries of merchandise into the customs territory of the United States; (ii) Provide a certification by electronic means at the time of entry or entry summary; or (iii) Otherwise demonstrate compliance with a certification requirement as determined by the Secretary, in consultation with U.S. Customs and Border Protection. (2) Where the certification is required to be maintained by the importer or other interested party under paragraph (a)(1) of this section, the Secretary and/or U.S. Customs and Border Protection may require the importer or other interested party to provide such a certification to the requesting agency upon request. (b) Consequences for no provision of a certificate; provision of a false certificate. (i) The importer or other interested party has not provided to the Secretary or U.S. Customs and Border Protection, as appropriate, the certification described under paragraph (a) of this section either as required or upon request for such entries; or (ii) The importer or other interested party provided a certification in accordance with paragraph (a) of this section for such entries, but the certification contained materially false, fictitious or fraudulent statements or representations, or contained material omissions. (2) Under paragraph (b)(1)(i) or (ii) of this section, the Secretary may also instruct U.S. Customs and Border Protection to assess antidumping or countervailing duties, as the case may be, at the applicable rate. [86 FR 52383, Sept. 20, 2021] Subpart C—Information and Argument § 351.301 Time limits for submission of factual information. (a) Introduction. (b) Submission of factual information. (1) If an interested party states that the information is submitted under § 351.102(b)(21)(v), the party must explain why the information does not satisfy the definitions described in § 351.102(b)(21)(i)-(iv). (2) If the factual information is being submitted to rebut, clarify, or correct factual information on the record, the submitter must provide a written explanation identifying the information which is already on the record that the factual information seeks to rebut, clarify or correct, including the name of the interested party that submitted the information and the date on which the information was submitted. The submitter must also provide a written explanation describing how the factual information provided under this paragraph rebuts, clarifies, or corrects the factual information already on the record. (c) Time limits. (1) Factual information submitted in response to questionnaires. (i) Initial questionnaire responses are due 30 days from the date of receipt of such

questionnaire. The time limit for response to individual sections of the questionnaire, if the Secretary requests a separate response to such sections, may be less than the 30 days allotted for response to the full questionnaire. In general, the date of receipt will be considered to be seven days from the date on which the initial questionnaire was transmitted. (ii) Supplemental questionnaire responses are due on the date specified by the Secretary. (iii) A notification by an interested party, under section 782(c)(1) of the Act, of difficulties in submitting information in response to a questionnaire issued by the Secretary is to be submitted in writing within 14 days after the date of the questionnaire or, if the questionnaire is due in 14 days or less, within the time specified by the Secretary. (iv) A respondent interested party may request in writing that the Secretary conduct a questionnaire presentation. The Secretary may conduct a questionnaire presentation if the Secretary notifies the government of the affected country and that government does not object. (v) Factual information submitted to rebut, clarify, or correct questionnaire responses. Within 14 days after an initial questionnaire response and within 10 days after a supplemental questionnaire response has been filed with the Department, an interested party other than the original submitter is permitted one opportunity to submit factual information to rebut, clarify, or correct factual information contained in the questionnaire response. Within seven days of the filing of such rebuttal, clarification, or correction to a questionnaire response, the original submitter of the questionnaire response is permitted one opportunity to submit factual information to rebut, clarify, or correct factual information submitted in the interested party's rebuttal, clarification or correction. The Secretary will reject any untimely filed rebuttal, clarification, or correction submission and provide, to the extent practicable, written notice stating the reasons for rejection (see § 351.302). If insufficient time remains before the due date for the final determination or final results of review, the Secretary may specify shorter deadlines under this section. (2) Factual information submitted in support of allegations. (i) Market viability and the basis for determining normal value. (ii) Sales at prices below the cost of production. (A) In an antidumping investigation, on a country-wide basis, 20 days after the date on which the initial questionnaire was issued to any person, unless the Secretary alters this time limit; or, on a company-specific basis, 20 days after a respondent interested party files the response to the relevant section of the questionnaire, unless the relevant questionnaire response is, in the Secretary's view, incomplete, in which case the Secretary will determine the time limit; (B) In an administrative review, new shipper review, or changed circumstances review, on a company-specific basis, 20 days after a respondent interested party files the response to the relevant section of the questionnaire, unless the relevant questionnaire response is, in the Secretary's view, incomplete, in which case the Secretary will determine the time limit; or (C) In an expedited antidumping review, on a company-specific basis, 10 days after the date of publication of the notice of initiation of the review. (iii) Purchases of major inputs from an affiliated party at prices below the affiliated party's cost of production. (iv) Countervailable subsidy; upstream subsidy. (A) In a countervailing duty investigation, 40 days before the scheduled date of the preliminary determination, unless the Secretary extends this time limit for good cause; or (B) In an administrative review, new shipper review, or changed circumstances review, 20 days after all responses to the initial questionnaire are filed with the Department, unless the Secretary alters this time limit. (C) Exception for upstream subsidy allegation in an investigation. In a countervailing duty investigation, an allegation of upstream subsidies made by the petitioner or other domestic interested party is due no later than 60 days after the date of the preliminary determination. (v) Other allegations. (vi) Rebuttal, clarification, or correction of factual information submitted in support of allegations. (3) Factual information submitted to value factors under § 351.408(c) or to measure the adequacy of remuneration under § 351.511(a)(2). (i) Antidumping and countervailing duty investigations. (B) All submissions of factual information to measure the adequacy of remuneration under § 351.511(a)(2) in a countervailing duty investigation are due no later than 45 days before the scheduled date of the preliminary determination. (C) If the Secretary determines that interested parties will not have sufficient time to submit factual information under the deadlines set forth in paragraph (c)(3)(i)(A) or (B) because of circumstances unique to a given segment of a proceeding, the Secretary may issue a schedule with alternative deadlines for parties to submit factual information on the record. (ii) Administrative reviews, new shipper reviews, and changed circumstances reviews. (B) If the Secretary determines that interested parties will not have sufficient time to submit factual information under the deadlines set forth in paragraph (c)(3)(ii)(A) of this section because of circumstances unique to a given segment of a proceeding, the Secretary may issue a schedule with alternative deadlines for parties to submit factual information on the record. (iii) Expedited antidumping review. (iv) Rebuttal, clarification, or correction of factual information submitted to value factors under § 351.408(c) or to measure the adequacy of remuneration under § 351.511(a)(2). (4) Factual information placed on the record of the proceeding by the Department. (5) Factual information not directly responsive to or relating to paragraphs (c)(1)-(4) of this section). (i) Upon receipt of factual information under this subsection, the Secretary will issue a memorandum accepting or rejecting the information and, to the extent practicable, will provide written notice stating the reasons for rejection. (ii) If the Secretary accepts the information, the Secretary will issue a schedule providing deadlines for submission of factual information to rebut, clarify or correct the factual information. (6) Notices of subsequent authority In general. (ii) Timing restrictions for consideration. (iii) Contents of a notice of subsequent authority and responsive submissions. [78 FR 21254, Apr. 10, 2013, as amended at 88 FR 67078, Sept. 29, 2023; 89 FR 20835, Mar. 25, 2024; 89 FR 101763, Dec. 16, 2024; 90 FR 14206, Mar. 31, 2025] § 351.302 Extension of time limits; return of untimely filed or unsolicited material. (a) Introduction. (b) Extension of time limits. (c) Requests for extension of specific time limit. (1) An extension request will be considered untimely if it is received after the applicable time limit expires or as otherwise specified by the Secretary. (2) An extraordinary circumstance is an unexpected event that: (i) Could not have been prevented if reasonable measures had been taken, and (ii) Precludes a party or its representative from timely filing an extension request through all reasonable means. (d) Rejection of untimely filed or unsolicited material. (i) Untimely filed factual information, written argument, or other material that the Secretary rejects, except as provided under § 351.104(a)(2); or (ii) Unsolicited questionnaire responses, except as provided for voluntary respondents under § 351.109(h)(2). (2) The Secretary will reject such information, argument, or other material, or unsolicited questionnaire response with, to the extent practicable, written notice stating the reasons for rejection. [62 FR 27379, May 19, 1997, as amended at 76 FR 39275, July 6, 2011; 78 FR 57795, Sept. 20, 2013; 89 FR 101763, Dec. 16, 2024] § 351.303 Filing, document identification, format, translation, service, and certification of documents. (a) Introduction. (b) Filing In general. (2) Filing of documents and databases Electronic filing. https://access.trade.gov. https://access.trade.gov. (ii) Manual filing. https://access.trade.gov. (B) [Reserved] (3) Cover sheet. https://access.trade.gov (4) Document identification. (i) Business Proprietary Document—May be Released Under APO. This business proprietary document contains single-bracketed business proprietary information that the submitter agrees to release under APO. It must contain the statement “May be Released Under APO” in accordance with the requirements under paragraph (d)(2)(v) of this section. (ii) Business Proprietary Document—May Not be Released Under APO. This business proprietary document contains double-bracketed business proprietary information that the submitter does not agree to release under APO. This document must contain the statement “May Not be Released Under APO” in accordance with the requirements under paragraph (d)(2)(v) of this section. This type of document may contain single-bracketed business proprietary information in addition to double-bracketed business proprietary information. (iii) Business Proprietary/APO Version—May be Released Under APO. In the event that a business proprietary document contains both single- and double-bracketed business proprietary information, the submitting person must submit a version of the document with the double-bracketed business proprietary information omitted. This version must contain the single-bracketed business proprietary information that the submitter agrees to release under APO. This version must be identified as “Business Proprietary/APO Version” and must contain the statement “May be Released Under APO” in accordance with the requirements under paragraph (d)(2)(v) of this section. (iv) Public version. (v) Public document. (c) Filing of business proprietary documents and public versions under the one-day lag rule; information in double brackets. (1) In general. (2) Application of the one-day lag rule Filing the business proprietary document. (ii) Filing of final business proprietary document; bracketing corrections. (iii) Filing the public version. (iv) Information in double brackets. (3) Sales files, cost of production files and other electronic databases. (d) Format of submissions In general. (2) Specifications and markings. 1/2 1/2 (i) On the first line, except for a petition, indicate the Department case number; (ii) On the second line, indicate the total number of pages in the document including cover pages, appendices, and any unnumbered pages; (iii) On the third line, indicate the specific segment of the proceeding, ( e.g., etc. (iv) On the fourth line, except for a petition, indicate the Department office conducting the proceeding; (v) On the fifth and subsequent lines, indicate whether any portion of the document contains business proprietary information and, if so, list the applicable page numbers and state either: “Business Proprietary Document—May Be Released Under APO,” “Business Proprietary Document—May Not Be Released Under APO,” or “Business Proprietary/APO Version—May Be Released Under APO,” as applicable, and consistent with § 351.303(b)(4). Indicate “Business Proprietary Treatment Requested” on the top of each page containing business proprietary information. In addition, include the warning “Bracketing of Business Proprietary Information Is Not Final for One Business Day After Date of Filing” on the top of each page containing business proprietary information in the business proprietary document filed under paragraph (c)(2)(i) of this section (one-day lag rule). Do not include this warning in the final business proprietary document filed on the next business day under paragraph (c)(2)(ii) of this section (see § 351.303(c)(2) and § 351.304(c)); and (vi) For the public version of a business proprietary document required under § 351.304(c), complete the marking as required in paragraphs (d)(2)(i)-(v) of this section for the business proprietary document, but conspicuously mark the first page “Public Version.” (vii) For a public document, complete the marking as required in paragraphs (d)(2)(i)-(v) of this section for the business proprietary document or version, as applicable, but conspicuously mark the first page “Public Document.” (e) Translation to English. (f) Service of copies on other persons In general. (i) Service of a public document or public version of a business proprietary document is effectuated on the persons on the public service list upon the electronic filing of the submission in ACCESS, unless it is filed manually in accordance with paragraph (b)(2) of this section, or ACCESS is unavailable. If a submission is filed manually or ACCESS is unavailable, paragraph (f)(1)(iii) of this section is applicable. (ii)(A) Service of a business proprietary document is effectuated on the persons on the APO service list upon the electronic filing of the submission in ACCESS, unless it is filed manually in accordance with paragraph (b)(2) of this section, or ACCESS is unavailable. If a submission is filed manually or ACCESS is unavailable, paragraph (f)(1)(iii) of this section is applicable. In addition, a business proprietary document submitted under the one-day lag rule under paragraph (c)(2)(i) of this section must be served in accordance with paragraph (f)(1)(iii) of this section. (B) If the document contains the business proprietary information of a person who is not included on the APO service list, then service of such documents on that person cannot be effectuated on ACCESS and the submitter must serve that person its own business proprietary information in accordance with paragraph (f)(1)(iii) of this section. In addition, specific service requirements under § 351.306(c)(2) are applicable. (iii) If service of a public document, public version of a business proprietary document, or a business proprietary document cannot be effectuated on ACCESS, the submitter must serve the recipient by electronic transmission. Generally, a business proprietary document must be served by secure electronic transmission. If the submitter is not able to use such a method, it may use an acceptable alternative method of service, including personal service, first-class mail, or electronic mail. Electronic mail may only be used as an acceptable alternative method of service for a business proprietary document under paragraph (f)(1)(ii)(B) of this section if the business proprietary document contains the business proprietary information of either the submitter or the recipient, with the consent of the recipient. (2) Service requirements for certain documents Request for review. (ii) Scope and circumvention. (3) Certificate of service. (4) Notwithstanding any other paragraph in this section, until further notice, as of March 24, 2020, we are modifying the service requirements with respect to documents containing business proprietary information as follows: (i) For BPI documents submitted with final bracketing on the due date ( i.e., (ii) For BPI documents submitted under the one-day lag rule, paragraph (c)(2)(i) of this section, E&C is temporarily waiving the service requirement for bracketing-not-final BPI submissions filed on the due date. In addition, E&C will deem service to be effectuated upon the filing in ACCESS of the complete final BPI document on the next business day under paragraph (c)(2)(ii) of this section. This paragraph (f)(4)(ii) does not apply to service to pro se parties or parties represented by a non-APO-authorized representative. (iii) For case and rebuttal briefs served pursuant to paragraph (f)(3)(i) of this section, service of BPI case and rebuttal briefs will be deemed effectuated via ACCESS. This paragraph (f)(4)(iii) does not apply to service to pro se parties or parties represented by a non-APO-authorized representative. (iv) Parties must still take active steps to serve pro se parties BPI documents containing only the pro se party's BPI and serve parties represented by a non-APO-authorized representative documents containing only that party's BPI, consistent with § 351.306(c)(2). However, E&C is temporarily modifying the electronic service provision under paragraph (f)(1)(ii) of this section, so that a pro se party may give consent to another interested party to serve a document electronically on that pro se party only, provided that the document only contains the pro se party's BPI. Such a document must not contain the BPI of other parties. In addition, a party represented by a non-APO-authorized representative may give consent to another interested party to serve a document electronically on that non-APO-authorized representative only, provided that the document only contains the BPI of the party represented by that non-APO-authorized representative. Such a document must not contain the BPI of other parties. If such consent is given, then the serving party's APO-authorized representative may serve the submission on that party via electronic transmission with that recipient's consent. (v) Exceptions. (A) Requests for administrative review, new shipper review, changed circumstances review and expedited review. (B) Requests for scope ruling or anti-circumvention inquiry. (g) Certifications. (1) For the person(s) officially responsible for presentation of the factual information: (i) COMPANY CERTIFICATION * I, (PRINTED NAME AND TITLE), currently employed by (COMPANY NAME), certify that I prepared or otherwise supervised the preparation of the attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY TITLE) due on (DATE) OR filed on (DATE) pursuant to the (INSERT ONE OF THE FOLLOWING OPTIONS IN { }: {THE (ANTIDUMPING OR COUNTERVAILING) DUTY INVESTIGATION OF (PRODUCT) FROM (COUNTRY) (CASE NUMBER)} or {THE (DATES OF PERIOD OF REVIEW) (ADMINISTRATIVE OR NEW SHIPPER) REVIEW UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER)} or {THE (SUNSET REVIEW OR CHANGED CIRCUMSTANCE REVIEW OR SCOPE RULING OR CIRCUMVENTION INQUIRY) OF THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER)}). I certify that the public information and any business proprietary information of (CERTIFIER'S COMPANY NAME) contained in this submission is accurate and complete to the best of my knowledge. I am aware that the information contained in this submission may be subject to verification or corroboration (as appropriate) by the U.S. Department of Commerce. I am also aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. Government. In addition, I am aware that, even if this submission may be withdrawn from the record of the AD/CVD proceeding, the U.S. Department of Commerce may preserve this submission, including a business proprietary submission, for purposes of determining the accuracy of this certification. I certify that a copy of this signed certification will be filed with this submission to the U.S. Department of Commerce. Signature: Date: * For multiple person certifications, all persons should be listed in the first sentence of the certification and all persons should sign and date the certification. In addition, singular pronouns and possessive adjectives should be changed accordingly, e.g., (ii) GOVERNMENT CERTIFICATION ** I, (PRINTED NAME AND TITLE), currently employed by the government of (COUNTRY), certify that I prepared or otherwise supervised the preparation of the attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY TITLE) due on (DATE) OR filed on (DATE) pursuant to the (INSERT ONE OF THE FOLLOWING OPTIONS IN { }: {THE (ANTIDUMPING OR COUNTERVAILING) DUTY INVESTIGATION OF (PRODUCT) FROM (COUNTRY) (CASE NUMBER)} or {THE (DATES OF PERIOD OF REVIEW) (ADMINISTRATIVE OR NEW SHIPPER) REVIEW UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER)} or {THE (SUNSET REVIEW OR CHANGED CIRCUMSTANCE REVIEW OR SCOPE RULING OR CIRCUMVENTION INQUIRY) OF THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER)}). I certify that the public information and any business proprietary information of the government of (COUNTRY) contained in this submission is accurate and complete to the best of my knowledge. I am aware that the information contained in this submission may be subject to verification or corroboration (as appropriate) by the U.S. Department of Commerce. In addition, I am aware that, even if this submission may be withdrawn from the record of the AD/CVD proceeding, the U.S. Department of Commerce may preserve this submission, including a business proprietary submission, for purposes of determining the accuracy of this certification. I certify that a copy of this signed certification will be filed with this submission to the U.S. Department of Commerce. Signature: Date: ** For multiple person certifications, all persons should be listed in the first sentence of the certification and all persons should sign and date the certification. In addition, singular pronouns and possessive adjectives should be changed accordingly, e.g., (2) For the legal counsel or other representative: REPRESENTATIVE CERTIFICATION * * * I, (PRINTED NAME), with (LAW FIRM or OTHER FIRM), (INSERT ONE OF THE FOLLOWING OPTIONS IN { }: {COUNSEL TO} or {REPRESENTATIVE OF}) (COMPANY NAME, OR GOVERNMENT OF COUNTRY, OR NAME OF ANOTHER PARTY), certify that I have read the attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY TITLE) due on (DATE) OR filed on (DATE) pursuant to the (INSERT ONE OF THE FOLLOWING OPTIONS IN { }: {THE (ANTIDUMPING OR COUNTERVAILING DUTY) INVESTIGATION OF (PRODUCT) FROM (COUNTRY) (CASE NUMBER)} or {THE (DATES OF PERIOD OF REVIEW) (ADMINISTRATIVE OR NEW SHIPPER) REVIEW UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER)} or {THE (SUNSET REVIEW OR CHANGED CIRCUMSTANCE REVIEW OR SCOPE RULING OR CIRCUMVENTION INQUIRY) OF THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER)}). In my capacity as (INSERT ONE OF THE FOLLOWING OPTIONS IN { }: {COUNSEL} or {ADVISER, PREPARER, OR REVIEWER}) of this submission, I certify that the information contained in this submission is accurate and complete to the best of my knowledge. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. Government. In addition, I am aware that, even if this submission may be withdrawn from the record of the AD/CVD proceeding, the U.S. Department of Commerce may preserve this submission, including a business proprietary submission, for purposes of determining the accuracy of this certification. I certify that a copy of this signed certification will be filed with this submission to the U.S. Department of Commerce. Signature: Date: *** For multiple representative certifications, all representatives and their firms should be listed in the first sentence of the certification and all representatives should sign and date the certification. In addition, singular pronouns and possessive adjectives should be changed accordingly, e.g., [62 FR 27379, May 19, 1997, as amended at 73 FR 3643, Jan. 22, 2008; 76 FR 7499, Feb. 10, 2011; 76 FR 39275, July 6, 2011; 76 FR 54699, Sept. 2, 2011; 78 FR 42691, July 17, 2013; 79 FR 69047, Nov. 20, 2014; 80 FR 36473, June 25, 2015; 85 FR 17007, Mar. 26, 2020; 88 FR 67079, Sept. 29, 2023] Effective Date Note: At 85 FR 17007, Mar. 26, 2020, § 351.303 was amended by adding paragraph (f)(4), effective Mar. 24, 2020 through May 19, 2020. At 85 FR 29615, May 18, 2020, this amendment was extended to July 17, 2020. At 85 FR 41363, July 10, 2020, this amendment was extended indefinitely. § 351.304 Establishing business proprietary treatment of information. (a) Claim for business proprietary treatment. (i) Request that the Secretary treat any part of the submission as business proprietary information that is subject to disclosure only under an administrative protective order, (ii) Claim that there is a clear and compelling need to withhold certain business proprietary information from disclosure under an administrative protective order, or (iii) In an investigation, identify customer names that are exempt from disclosure under administrative protective order under section 777(c)(1)(A) of the Act. (2) The Secretary will require that all business proprietary information presented to, or obtained or generated by, the Secretary during a segment of a proceeding be disclosed to authorized applicants, except for (i) Customer names submitted in an investigation, (ii) Information for which the Secretary finds that there is a clear and compelling need to withhold from disclosure, and (iii) Privileged or classified information. (b) Identification of business proprietary information Information releasable under administrative protective order In general. (ii) Electronic databases. (2) Information claimed to be exempt from disclosure under administrative protective order. (ii) In an investigation, the submitting person may enclose business proprietary customer names within double brackets (see paragraph (a)(1)(iii) of this section). (iii) The submitting person may exclude the information in double brackets from the business proprietary/APO version of the submission served on authorized applicants. See § 351.303 for filing and service requirements. (c) Public version. see (2) If a submitting party discovers that it has failed to bracket information correctly, the submitter may file a complete, corrected business proprietary document along with the public version ( see (d) Nonconforming submissions In general. (i) Correct the problems and resubmit the information; (ii) If the Secretary denied a request for business proprietary treatment, agree to have the information in question treated as public information; (iii) If the Secretary granted business proprietary treatment but denied a claim that there was a clear and compelling need to withhold information under an administrative protective order, agree to the disclosure of the information in question under an administrative protective order; or (iv) Submit other material concerning the subject matter of the rejected information. If the submitting person does not take any of these actions, the Secretary will not consider the rejected submission. (2) Timing. [63 FR 24401, May 4, 1998, as amended at 76 FR 39277, July 6, 2011; 88 FR 67079, Sept. 29, 2023] § 351.305 Access to business proprietary information. (a) The administrative protective order. (1) Establish and follow procedures to ensure that no employee of the authorized applicant's firm releases business proprietary information to any person other than the submitting party, an authorized applicant, or an appropriate Department official identified in section 777(b) of the Act; (2) Notify the Secretary of any changes in the facts asserted by the authorized applicant in its administrative protective order application; (3) Destroy business proprietary information by the time required under the terms of the administrative protective order; (4) Immediately report to the Secretary any apparent violation of the administrative protective order; and (5) Acknowledge that any unauthorized disclosure may subject the authorized applicant, the firm of which the authorized applicant is a partner, associate, or employee, and any partner, associate, or employee of the authorized applicant's firm to sanctions listed in part 354 of this chapter (19 CFR part 354). (b) Application for access under administrative protective order. (2) A representative of a party to the proceeding may apply for access to business proprietary information under the administrative protective order by submitting an electronic application available in ACCESS at https://access.trade.gov (3) To minimize the disruption caused by late applications, an application should be filed before the first response to the initial questionnaire has been submitted. Where justified, however, applications may be filed up to the date on which the case briefs are due. (c) Approval of access under administrative protective order; administrative protective order service list; service of earlier-filed business proprietary submissions. (2) After the Secretary approves an application, the authorized applicant may request service of earlier-filed business proprietary submissions of the other parties that are no longer available in ACCESS. (i) For an application that is approved before the first response to the initial questionnaire is submitted, the submitting party must serve the authorized applicant those submissions within two business days of the request. Service must be made in accordance with section 351.303(f)(1)(iii). A certificate of service is not required. (ii) For an application that is approved after the first response to the initial questionnaire is submitted, the submitting party must serve the authorized applicant those submissions within five business days of the request. Service must be made in accordance with section 351.303(f)(1)(iii). A certificate of service is not required. Any authorized applicant who filed the application after the first response to the initial questionnaire is submitted will be liable for costs associated with the additional production and service of business proprietary information already on the record. (d) Additional filing requirements for importers. [63 FR 24402, May 4, 1998, as amended at 73 FR 3643, Jan. 22, 2008; 76 FR 39277, July 6, 2011; 86 FR 52384, Sept. 20, 2021; 88 FR 67080, Sept. 29, 2023] § 351.306 Use of business proprietary information. (a) By the Secretary. (1) An authorized applicant; (2) An employee of the Department of Commerce or the International Trade Commission directly involved in the proceeding in which the information is submitted; (3) An employee of U.S. Customs and Border Protection directly involved in conducting an investigation regarding negligence, gross negligence, or fraud relating to an antidumping or countervailing duty proceeding; (4) The U.S. Trade Representative as provided by 19 U.S.C. 3571(i); (5) Any person to whom the submitting person specifically authorizes disclosure in writing; and (6) A charged party or counsel for the charged party under 19 CFR part 354. (b) By an authorized applicant. (2) An authorized applicant may use business proprietary information for purposes of the segment of the proceeding in which the information was submitted. (3) If business proprietary information that was submitted to a segment of the proceeding is relevant to an issue in a different segment of the same proceeding, an authorized applicant may place such information on the record of the subsequent segment as authorized by the APO of the segment where the business proprietary information was submitted. (4) If business proprietary information that was submitted to a countervailing duty segment of the proceeding is relevant to a subsequent scope, circumvention, or covered merchandise inquiry conducted on the record of the companion antidumping duty segment of the proceeding pursuant to § 351.225(m)(2), § 351.226(m)(2), or § 351.227(m)(2), an authorized applicant may place such information on the record of the companion antidumping duty segment of the proceeding as authorized by the APO of the countervailing duty segment where the business proprietary information was submitted. (5) If business proprietary information that was submitted to a scope, circumvention, or covered merchandise inquiry conducted on the record of a companion antidumping duty segment of the proceeding pursuant to § 351.225(m)(2), § 351.226(m)(2), or § 351.227(m)(2) is relevant to a subsequent countervailing duty segment of the proceeding, an authorized applicant may place such information on the record of the companion countervailing duty segment of the proceeding as authorized by the APO of the antidumping duty segment where the business proprietary information was submitted. (c) Identifying parties submitting business proprietary information. (2) If a party to a proceeding is not represented, or its representative is not an authorized applicant, the submitter of a document containing that party's business proprietary information must serve that party or its representative, if applicable, with a version of the document that contains only that party's business proprietary information consistent with § 351.303(f)(1)(iii). The document must not contain the business proprietary information of other parties. (d) Disclosure to parties not authorized to receive business proprietary information. [63 FR 24403, May 4, 1998, as amended at 88 FR 67080, Sept. 29, 2023; 89 FR 20836, Mar. 25, 2024; 89 FR 101763, Dec. 16, 2024] § 351.307 Verification of information. (a) Introduction. (b) In general. (i) A final determination in a continuation of a previously suspended countervailing duty investigation (section 704(g) of the Act), countervailing duty investigation, continuation of a previously suspended antidumping investigation (section 705(a) of the Act), or antidumping investigation; (ii) The final results of an expedited antidumping review; (iii) A revocation under section 751(d) of the Act; (iv) The final results of an administrative review, new shipper review, or changed circumstances review, if the Secretary decides that good cause for verification exists; and (v) The final results of an administrative review if: (A) A domestic interested party, not later than 100 days after the date of publication of the notice of initiation of review, submits a written request for verification; and (B) The Secretary conducted no verification under this paragraph during either of the two immediately preceding administrative reviews. (2) The Secretary may verify factual information upon which the Secretary relies in a proceeding or a segment of a proceeding not specifically provided for in paragraph (b)(1) of this section. (3) If the Secretary decides that, because of the large number of exporters or producers included in an investigation or administrative review, it is impractical to verify relevant factual information for each person, the Secretary may select and verify a sample. (4) The Secretary may conduct verification of a person if that person agrees to verification and the Secretary notifies the government of the affected country and that government does not object. If the person or the government objects to verification, the Secretary will not conduct verification and may disregard any or all information submitted by the person in favor of use of the facts available under section 776 of the Act and § 351.308. (c) Verification report. (d) Procedures for verification. (1) Producers, exporters, or importers; (2) Persons affiliated with the persons listed in paragraph (d)(1) of this section, where applicable; (3) Unaffiliated purchasers, or (4) The government of the affected country as part of verification in a countervailing duty proceeding. § 351.308 Determinations on the basis of the facts available. (a) Introduction. (b) In general. (c) Adverse inferences. (1) Secondary information, such as information derived from: (i) The petition; (ii) A final determination in a countervailing duty investigation or an antidumping investigation; (iii) Any previous administrative review, new shipper review, expedited antidumping review, section 753 review, or section 762 review; or (2) Any other information placed on the record. (d) Corroboration of secondary information. (e) Use of certain information. (f) Use of facts available in a sunset review. (1) Calculated countervailing duty rates or dumping margins, as applicable, from prior Department determinations; and (2) Information contained in parties' substantive responses to the Notice of Initiation filed under § 351.218(d)(3), consistent with section 752(b) or 752(c) of the Act, as applicable. (g) Partial or total facts available. (h) Segment-specific dumping and countervailable subsidy rates. (i) Selection of adverse facts available. (1) In an antidumping proceeding, the Secretary may use a dumping margin from any segment of the proceeding as adverse facts, including the highest dumping margin available. The Secretary may use the highest dumping margin available if the Secretary determines that such an application is warranted after evaluating the situation that resulted in an adverse inference; (2) In a countervailing duty segment of the proceeding, in accordance with the hierarchy set forth in paragraph (j) of this section, the Secretary may use a countervailing subsidy rate applied to the same or similar program in a countervailing duty proceeding involving the same country or, if there is no same or similar program, use a countervailing subsidy rate from a proceeding that the Secretary determines is reasonable to use. The Secretary will normally apply the highest calculated above- de minimis (3) In applying adverse facts available, the Secretary will not be required to: (i) Estimate what a countervailable subsidy or dumping margin would have been if an interested party that was found to have failed to cooperate under section 776(b)(1) of the Act had cooperated; or (ii) Demonstrate that the countervailable subsidy rate or dumping margin used by the Secretary as adverse facts available reflects an alleged “commercial reality” of the interested party. (j) Adverse facts available hierarchy in countervailing duty proceedings. (1) For investigations, conducted pursuant to section 701 of the Act, the hierarchy will be applied in the following sequence: (i) If there are cooperating respondents in the investigation, the Secretary will determine if a cooperating respondent used an identical program in the investigation and apply the highest calculated above- de minimis (ii) If no rate exists which the Secretary is able to apply under paragraph (j)(1)(i), the Secretary will determine if an identical program was used in another countervailing duty proceeding involving the same country and apply the highest calculated above- de minimis (iii) If no rate exists which the Secretary is able to apply under paragraph (j)(1)(ii), the Secretary will determine if there is a similar or comparable program in any countervailing duty proceeding involving the same country and apply the highest calculated above- de minimis (iv) If no rate exists which the Secretary is able to apply under paragraph (j)(1)(iii), the Secretary will apply the highest calculated above- de minimis (2) For administrative reviews, conducted pursuant to section 751 of the Act, the hierarchy will be applied in the following sequence: (i) The Secretary will determine if an identical program has been used in any segment of the proceeding and apply the highest calculated above- de minimis (ii) If no rate exists which the Secretary is able to apply under paragraph (j)(2)(i), the Secretary will determine if there is a similar or comparable program within any segment of the same proceeding and apply the highest calculated above- de minimis (iii) If no rate exists which the Secretary is able to apply under paragraph (j)(2)(ii), the Secretary will determine if there is an identical program in any countervailing duty proceeding involving the same country and apply the highest calculated above- de minimis de minimis de minimis (iv) If no rate exists which the Secretary is able to apply under paragraph (j)(2)(iii), the Secretary will apply the highest calculated rate for any non-company-specific program from any countervailing duty proceeding involving the same country that the Secretary considers the company's industry could possibly use. (3) When the Secretary uses an adverse facts available countervailing duty hierarchy, the following will apply: (i) The Secretary will treat rates less than 0.5 percent as de minimis; (ii) The Secretary will normally determine a program to be a similar or comparable program based on the Secretary's treatment of the program's benefit; (iii) The Secretary will normally select the highest program rate available in accordance with the hierarchical sequence, unless the Secretary determines that such a rate is otherwise inappropriate; and (iv) When applicable, the Secretary will determine an adverse facts available rate selected using the hierarchy to be corroborated in accordance with section 776(c)(1) of the Act. [62 FR 27379, May 19, 1997, as amended at 63 FR 13524, Mar. 20, 1998; 89 FR 20836, Mar. 25, 2024; 89 FR 101763, Dec. 16, 2024] § 351.309 Written argument. (a) Introduction. (b) Written argument In general. (2) Written argument on request. (c) Case brief. (i) For a final determination in a countervailing duty investigation or antidumping investigation, or for the final results of a full sunset review, 50 days after the date of publication of the preliminary determination or results of review, as applicable, unless the Secretary alters the time limit; (ii) For the final results of an administrative review, new shipper review, changed circumstances review, or section 762 review, 30 days after the date of publication of the preliminary results of review, unless the Secretary alters the time limit; or (iii) For the final results of an expedited sunset review, expedited antidumping review, Article 8 violation review, Article 4/Article 7 review, or section 753 review, a date specified by the Secretary. (2) The case brief must present all arguments that continue in the submitter's view to be relevant to the Secretary's final determination or final results, including any arguments presented before the date of publication of the preliminary determination or preliminary results. As part of the case brief, parties are requested to provide the following: (i) A table of contents listing each issue; (ii) A table of authorities, including statutes, regulations, administrative cases, dispute panel decisions and court holdings cited; and (iii) A public executive summary for each argument raised in the brief. Executive summaries should be no more than 450 words in length, not counting supporting citations. (d) Rebuttal brief. (2) The rebuttal brief may respond only to arguments raised in case briefs, should identify the arguments raised in case briefs, and should identify the arguments to which it is responding. As part of the rebuttal brief, parties are requested to provide the following: (i) A table of contents listing each issue; (ii) A table of authorities, including statutes, regulations, administrative cases, dispute panel decisions and court holdings cited; and (iii) A public executive summary for each argument raised in the rebuttal brief. Executive summaries should be no more than 450 words in length, not counting supporting citations. (e) Comments on adequacy of response and appropriateness of expedited sunset review In general. see (ii) Time limit for filing comments. Federal Register [62 FR 27379, May 19, 1997, as amended at 63 FR 13524, Mar. 20, 1998; 70 FR 62064, Oct. 28, 2005; 89 FR 101764, Dec. 16, 2024] § 351.310 Hearings. (a) Introduction. (b) Pre-hearing conference. (c) Request for hearing. (d) Hearings in general. (2) The hearing is not subject to 5 U.S.C. §§ 551-559, and § 702 (Administrative Procedure Act). Witness testimony, if any, will not be under oath or subject to cross-examination by another interested party or witness. During the hearing, the chair may question any person or witness and may request persons to present additional written argument. (e) Consolidated hearings. (f) Closed hearing sessions. see (g) Transcript of hearing. § 351.311 Countervailable subsidy practice discovered during investigation or review. (a) Introduction. (b) Inclusion in proceeding. (c) Deferral of examination. (1) During an investigation, allow the petitioner to withdraw the petition without prejudice and resubmit it with an allegation with regard to the newly discovered practice, subsidy, or subsidy program; or (2) During an investigation or review, defer consideration of the newly discovered practice, subsidy, or subsidy program until a subsequent administrative review, if any. (d) Notice. § 351.312 Industrial users and consumer organizations. (a) Introduction. (b) Opportunity to submit relevant information and argument. (c) Business proprietary information. [62 FR 27379, May 19, 1997, as amended at 63 FR 13524, Mar. 20, 1998] § 351.313 Attorneys or representatives. In general. [78 FR 22777, Apr. 17, 2013] Subpart D—Calculation of Export Price, Constructed Export Price, Fair Value, and Normal Value § 351.401 In general. (a) Introduction. See (b) Adjustments in general. (1) The interested party that is in possession of the relevant information has the burden of establishing to the satisfaction of the Secretary the amount and nature of a particular adjustment; and (2) The Secretary will not double-count adjustments. (c) Use of price net of price adjustments. (d) Delayed payment or pre-payment of expenses. (e) Adjustments for movement expenses Original place of shipment. (2) Warehousing. (f) Treatment of affiliated parties in antidumping proceedings In general. (2) Significant potential for manipulation. (i) The level of common ownership; (ii) The extent to which managerial employees or board members of one firm sit on the board of directors of an affiliated firm; and (iii) Whether operations are intertwined, such as through the sharing of sales and export information; involvement in production, pricing, and other commercial decisions; the sharing of facilities or employees; or significant transactions between the affiliated parties. (3) Additional considerations for affiliated parties with access to production facilities in determining the significant potential for manipulation. (4) Exceptions. (i) Input suppliers; (ii) Sellers of the foreign like product in the home market; and (iii) Affiliated entities for which the Secretary determines that treating those parties as a single entity would be otherwise inappropriate based on record information. (g) Allocation of expenses and price adjustments In general. (2) Reporting allocated expenses and price adjustments. (3) Feasibility. (4) Expenses and price adjustments relating to merchandise not subject to the proceeding. (h) [Reserved] (i) Date of sale. [62 FR 27379, May 19, 1997, as amended at 73 FR 16518, Mar. 28, 2008; 81 FR 15645, Mar. 24, 2016; 89 FR 101764, Dec. 16, 2024] § 351.402 Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties. (a) Introduction. (b) Additional adjustments to constructed export price. (c) Special rule for merchandise with value added after importation Merchandise imported by affiliated persons. (2) Estimation of value added. (3) Determining dumping margins. (d) Special rule for determining profit. (1) Basis for total expenses and total actual profit. See (2) Use of financial reports. (3) Voluntary reporting of costs of production. (e) Treatment of payments between affiliated persons. (f) Reimbursement of antidumping duties and countervailing duties In general. (A) Paid directly on behalf of the importer; or (B) Reimbursed to the importer. (ii) The Secretary will not deduct the amount of any antidumping duty or countervailing duty paid or reimbursed if the exporter or producer granted to the importer before initiation of the antidumping investigation in question a warranty of nonapplicability of antidumping duties or countervailing duties with respect to subject merchandise which was: (A) Sold before the date of publication of the Secretary's order applicable to the merchandise in question; and (B) Exported before the date of publication of the Secretary's final antidumping determination. (iii) Ordinarily, under paragraph (f)(1)(i) of this section, the Secretary will deduct the amount reimbursed only once in the calculation of the export price (or constructed export price). (2) Reimbursement certification. (ii) The reimbursement certification may be filed either electronically or in paper in accordance with the U.S. Customs and Border Protection's requirements, as applicable. (iii) If an importer does not provide its reimbursement certification prior to liquidation, U.S. Customs and Border Protection may accept the reimbursement certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed. (iv) Reimbursement certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register (3) Presumption. [62 FR 27379, May 19, 1997, as amended at 86 FR 52384, Sept. 20, 2021; 89 FR 20837, Mar. 25, 2024] § 351.403 Sales used in calculating normal value; transactions between affiliated parties. (a) Introduction. See (b) Sales and offers for sale. (c) Sales to an affiliated party. (d) Sales through an affiliated party. § 351.404 Selection of the market to be used as the basis for normal value. (a) Introduction. (b) Determination of viable market In general. (2) Sufficient quantity. (c) Calculation of price-based normal value in viable market In general. (i) If the exporting country constitutes a viable market, the Secretary will calculate normal value on the basis of price in the exporting country ( see (ii) If the exporting country does not constitute a viable market, but a third country does constitute a viable market, the Secretary may calculate normal value on the basis of price to a third country ( see (2) Exception. (i) In the case of the exporting country or a third country, a particular market situation exists that does not permit a proper comparison with the export price or constructed export price ( see (ii) In the case of a third country, the price is not representative ( see (d) Allegations concerning market viability and the basis for determining a price-based normal value. (e) Selection of third country. (1) The foreign like product exported to a particular third country is more similar to the subject merchandise exported to the United States than is the foreign like product exported to other third countries; (2) The volume of sales to a particular third country is larger than the volume of sales to other third countries; (3) Such other factors as the Secretary considers appropriate. (f) Third country sales and constructed value. see (g) Special rule for certain multinational corporations. (1) Interested parties alleging that the Secretary should apply the special rule for certain multinational corporations must submit the allegation in accordance with the filing requirements set forth in § 351.301(c)(2)(i). (2) If the Secretary determines that the non-exporting country at issue is a nonmarket economy country and, in accordance with § 351.408, normal value would be determined using a factors of production methodology if the special rule for certain multinational corporations was applied, the Secretary will not apply the special rule for certain multinational corporations. [62 FR 27379, May 19, 1997, as amended at 88 FR 67080, Sept. 29, 2023; 89 FR 101764, Dec. 16, 2024] § 351.405 Calculation of normal value based on constructed value. (a) Introduction. (b) Profit and selling, general, and administrative expenses. (1) Under section 773(e)(2)(A) of the Act, “foreign country” means the country in which the merchandise is produced or a third country selected by the Secretary under § 351.404(e), as appropriate. (2) Under section 773(e)(2)(B) of the Act, “foreign country” means the country in which the merchandise is produced. (3) Under section 773(e)(2)(B)(iii) of the Act, the Secretary will normally consider the following criteria in selecting sources for selling, general and administrative expenses, as well as profit, in calculating constructed value: (i) The similarity of the potential surrogate companies' business operations and products to the examined producer's or exporter's business operations and products; (ii) The extent to which the financial data of the surrogate company reflects sales in the home market and does not reflect sales to the United States; (iii) The contemporaneity of the surrogate company's data to the period of investigation or review; and (iv) The extent of similarity between the customer base of the surrogate company and the customer base of the examined producer or exporter. [62 FR 27379, May 19, 1997, as amended at 241206- 89 FR 101764, Dec. 16, 2024] § 351.406 Calculation of normal value if sales are made at less than cost of production. (a) Introduction. See (b) Extended period of time. § 351.407 Calculation of constructed value and cost of production. (a) Introduction. See (b) Determination of value under the major input rule. (1) The price paid by the exporter or producer to the affiliated person for the major input; (2) The amount usually reflected in sales of the major input in the market under consideration; or (3) The cost to the affiliated person of producing the major input. (c) Allocation of costs. (d) Startup costs. (i) “New production facilities” includes the substantially complete retooling of an existing plant. Substantially complete retooling involves the replacement of nearly all production machinery or the equivalent rebuilding of existing machinery. (ii) A “new product” is one requiring substantial additional investment, including products which, though sold under an existing nameplate, involve the complete revamping or redesign of the product. Routine model year changes will not be considered a new product. (iii) Mere improvements to existing products or ongoing improvements to existing facilities will not be considered startup operations. (iv) An expansion of the capacity of an existing production line will not qualify as a startup operation unless the expansion constitutes such a major undertaking that it requires the construction of a new facility and results in a depression of production levels due to technical factors associated with the initial phase of commercial production of the expanded facilities. (2) In identifying the end of the startup period under clauses (ii) and (iii) of section 773(f)(1)(C) of the Act: (i) The attainment of peak production levels will not be the standard for identifying the end of the startup period, because the startup period may end well before a company achieves optimum capacity utilization. (ii) The startup period will not be extended to cover improvements and cost reductions that may occur over the entire life cycle of a product. (3) In determining when a producer reaches commercial production levels under section 773(f)(1)(C)(ii) of the Act: (i) The Secretary will consider the actual production experience of the merchandise in question, measuring production on the basis of units processed. (ii) To the extent necessary, the Secretary will examine factors in addition to those specified in section 773(f)(1)(C)(ii) of the Act, including historical data reflecting the same producer's or other producers' experiences in producing the same or similar products. A producer's projections of future volume or cost will be accorded little weight. (4) In making an adjustment for startup operations under section 773(f)(1)(C)(iii) of the Act: (i) The Secretary will determine the duration of the startup period on a case-by-case basis. (ii) The difference between actual costs and the costs of production calculated for startup costs will be amortized over a reasonable period of time subsequent to the startup period over the life of the product or machinery, as appropriate. (iii) The Secretary will consider unit production costs to be items such as depreciation of equipment and plant, labor costs, insurance, rent and lease expenses, material costs, and factory overhead. The Secretary will not consider sales expenses, such as advertising costs, or other general and administrative or non-production costs (such as general research and development costs), as startup costs. § 351.408 Calculation of normal value of merchandise from nonmarket economy countries. (a) Introduction. See (b) Selecting surrogate countries Determining comparable economies. (i) Measuring economic comparability. per capita (ii) Additional considerations in determining economic comparability. (iii) Annual listing of comparable economies. (2) Determining significant producers of comparable merchandise. (3) Selecting between surrogate countries which are economically comparable and significant producers of comparable merchandise. (c) Valuation of Factors of Production. (1) Information used to value factors. (2) Valuation in a single country. (3) Manufacturing overhead, general expenses, and profit. (d) A determination that certain surrogate value information is not otherwise appropriate In general. (i) In accordance with section 773(c)(5), the Secretary may disregard a proposed surrogate value if the Secretary determines that the value is derived from a country that provides broadly available export subsidies, if particular instances of subsidization occurred with respect to that proposed surrogate value, or if that proposed surrogate value was subject to an antidumping order. (ii) In addition, the Secretary may disregard a proposed surrogate value if the Secretary determines based on record evidence that the value is derived from a facility, party, industry, intra-country region or a country with weak, ineffective, or nonexistent property (including intellectual property), human rights, labor, or environmental protections. (2) Requirements to disregard a proposed surrogate value based on weak, ineffective, or nonexistent protections. (i) The proposed surrogate value at issue is for a significant input or labor; (ii) The proposed surrogate value is derived from one country or an average of values from a limited number of countries; and (iii) The information on the record supports a claim that the identified weak, ineffective, or nonexistent property (including intellectual property), human rights, labor, or environmental protections undermine the appropriateness of using that value as a surrogate value. (3) The use of a surrogate value located in a country which is not at a level of economic development comparable to that of the nonmarket economy. (4) The use of a surrogate value not located in a country which is a significant producer of comparable merchandise. [62 FR 27379, May 19, 1997, as amended at 78 FR 46804, Aug. 2, 2013; 88 FR 67080, Sept. 29, 2023; 89 FR 20837, Mar. 25, 2024; 89 FR 101765, Dec. 16, 2024] § 351.409 Differences in quantities. (a) Introduction. See (b) Sales with quantity discounts in calculating normal value. (1) During the period examined, or during a more representative period, the exporter or producer granted quantity discounts of at least the same magnitude on 20 percent or more of sales of the foreign like product for the relevant country; or (2) The exporter or producer demonstrates to the Secretary's satisfaction that the discounts reflect savings specifically attributable to the production of the different quantities. (c) Sales with quantity discounts in calculating weighted-average normal value. (d) Price lists. (e) Relationship to level of trade adjustment. § 351.410 Differences in circumstances of sale (a) Introduction. See (b) In general. (c) Direct selling expenses. (d) Assumed expenses. (e) Commissions paid in one market. (f) Reasonable allowance. § 351.411 Differences in physical characteristics. (a) Introduction. See (b) Reasonable allowance. § 351.412 Levels of trade; adjustment for difference in level of trade; constructed export price offset. (a) Introduction. See (b) Adjustment for difference in level of trade. (1) The Secretary calculates normal value at a different level of trade from the level of trade of the export price or the constructed export price (whichever is applicable); and (2) The Secretary determines that the difference in level of trade has an effect on price comparability. (c) Identifying levels of trade and differences in levels of trade Basis for identifying levels of trade. (i) In the case of export price, the starting price; (ii) In the case of constructed export price, the starting price, as adjusted under section 772(d) of the Act; and (iii) In the case of normal value, the starting price or constructed value. (2) Differences in levels of trade. (d) Effect on price comparability In general. (i) At the level of trade of the export price or constructed export price (whichever is appropriate); and (ii) At the level of trade at which normal value is determined. (2) Relevant sales. (e) Amount of adjustment. (1) Calculating the weighted-averages of the prices of sales at the two levels of trade identified in paragraph (d), after making any other adjustments to those prices appropriate under section 773(a)(6) of the Act and this subpart; (2) Calculating the average of the percentage differences between those weighted-average prices; and (3) Applying the percentage difference to normal value, where it is at a different level of trade from the export price or constructed export price (whichever is applicable), after making any other adjustments to normal value appropriate under section 773(a)(6) of the Act and this subpart. (f) Constructed export price offset In general. (i) Normal value is compared to constructed export price; (ii) Normal value is determined at a more advanced level of trade than the level of trade of the constructed export price; and (iii) Despite the fact that a person has cooperated to the best of its ability, the data available do not provide an appropriate basis to determine under paragraph (d) of this section whether the difference in level of trade affects price comparability. (2) Amount of the offset. see (3) Where data permit determination of affect on price comparability. § 351.413 Disregarding insignificant adjustments. Ordinarily, under section 777A(a)(2) of the Act, an “insignificant adjustment” is any individual adjustment having an ad valorem ad valorem § 351.414 Comparison of normal value with export price (constructed export price). (a) Introduction. See (b) Description of methods of comparison Average-to-average method. (2) Transaction-to-transaction method. (3) Average-to-transaction method. (c) Choice of method. (2) The Secretary will use the transaction-to-transaction method only in unusual situations, such as when there are very few sales of subject merchandise and the merchandise sold in each market is identical or very similar or is custom-made. (d) Application of the average-to-average method In general. (2) Identification of the averaging group. (3) Time period over which weighted average is calculated. (e) Application of the average-to-transaction method (f) Contemporaneous Month. (1) The month during which the particular U.S. sales under consideration were made; (2) If there are no sales of the foreign like product during this month, the most recent of the three months prior to the month of the U.S. sales in which there was a sale of the foreign like product. (3) If there are no sales of the foreign like product during any of these months, the earlier of the two months following the month of the U.S. sales in which there was a sale of the foreign like product. [77 FR 8114, Feb. 14, 2012] § 351.415 Conversion of currency. (a) In general. (b) Exception. (c) Exchange rate fluctuations. (d) Sustained movement in foreign currency value. § 351.416 Determination of a particular market situation. (a) Particular market situation defined. (1) Prevents or does not permit a proper comparison of sales prices in the home market or third country market with export prices and constructed export prices; or (2) Contributes to the distortion of the cost of materials and fabrication or other processing of any kind, such that the cost of production of merchandise subject to an investigation, suspension agreement, or antidumping order does not accurately reflect the cost of production in the ordinary course of trade. (b) Submission requirements when alleging the existence of a particular market situation. (c) A determination that a particular market situation prevented or did not permit a proper comparison of prices existed during the period of investigation or review. (1) Examples of particular market situations in the home market that may prevent or do not permit a proper comparison with U.S. price. (i) The imposition of an export tax on subject merchandise; (ii) Limitations on exports of subject merchandise from the subject country; (iii) The issuance and enforcement of anticompetitive regulations that confer a unique status on favored producers or that create barriers to new entrants to an industry; and (iv) Direct government control over pricing of subject merchandise to such an extent that home market prices for subject merchandise cannot be considered competitively set. (2) Examples of particular market situations in a third country market that may prevent or not permit a proper comparison of prices. (3) The use of constructed value may be warranted if a proper comparison of prices is prevented or not permitted. (d) A determination that a market situation existed during the period of investigation or review such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade In general. (i) A circumstance or set of circumstances existed that may have impacted the costs of producing subject merchandise, or costs or prices of inputs into the production of subject merchandise; (ii) The cost of materials and fabrication or other processing of any kind, including the prices of inputs used to produce subject merchandise, were not in accordance with market principles or distorted, and therefore did not accurately reflect the cost of production of subject merchandise in the ordinary course of trade; and (iii) The circumstance or set of circumstances at issue contributed to the distortion of the cost of production of subject merchandise. (2) The Secretary will determine if it is more likely than not that a circumstance or set of circumstances contributed to distorted costs or prices. (3) Information the Secretary may consider in determining the existence of a market situation. (i) Comparisons of prices paid for significant inputs used to produce subject merchandise under the alleged market situation to prices paid for the same input under market-based circumstances, either in the home country or elsewhere; (ii) Detailed reports and other documentation issued by foreign governments or independent international, analytical, or academic organizations indicating that lower prices for a significant input in the subject country would likely result from governmental or nongovernmental actions or inactions taken in the subject country or other countries; (iii) Detailed reports and other documentation issued by foreign governments or independent international, analytical, or academic organizations indicating that prices for a significant input have deviated from a fair market value within the subject country, as a result, in part or in whole, of governmental or nongovernmental actions or inactions; (iv) Agency determinations or results in which the Secretary determined record information did or did not support the existence of the alleged particular market situation with regard to the same or similar merchandise in the subject country in previous proceedings or segments of the same proceeding; and (v) Information that property (including intellectual property), human rights, labor, or environmental protections in the subject country are weak, ineffective, or nonexistent, those protections exist and are effectively enforced in other countries, and that the ineffective enforcement or lack of protections may contribute to distortions in the cost of production of subject merchandise or prices or costs of a significant input into the production of subject merchandise in the subject country. For purposes of this paragraph (d)(3)(v), the Secretary will normally look to cost effects on same or similar merchandise produced in economically comparable countries in analyzing the impact of such protections on the cost of production. (4) No restrictions based on lack of precise quantifiable data, hypothetical prices or actions of governments and industries in other market economies. (i) The lack of precision in the quantifiable data relating to the distortion of prices or costs in the subject country; (ii) The speculated cost of production of the subject merchandise, or the speculated prices or costs of a significant input into the production of the subject merchandise, unsupported by objective data, that a party claims would hypothetically exist in the subject country absent the alleged particular market situation or its contributing circumstances; (iii) The actions taken or not taken by governments, government-controlled entities, or other public entities in other market economy countries in comparison with the actions taken or not taken by the government, state enterprise, or other public entity of the subject country, with the exception of information associated with the allegations addressed in paragraph (d)(3)(v) of this section; and (iv) The existence of the same or similar government or nongovernment actions in the subject country that preceded the period of investigation or review. (e) Factors to consider in determining if a market situation is particular In general. (i) A particular market situation may exist even if a large number of certain parties or products are impacted by the circumstance or set of circumstances. The Secretary's analysis does not concern the specific number of products or parties, but whether the market situation impacts only certain parties or products, or the general population of parties or products, in the subject country; (ii) The same or similar market situations can exist in multiple countries or markets and still be considered particular for purposes of this paragraph (e)(1) if the Secretary determines that a market situation exists which distorts sales prices or cost of production for certain parties or products specifically in the subject country; and (iii) There are varied circumstances in which a market situation in a subject country can be determined to be particular, and a market situation may apply only to certain producers, importers, exporters, purchasers, users, industries, or enterprises, individually or in any combination. (2) Information the Secretary may consider in determining if a market situation is particular. (i) The size and nature of the market situation; (ii) The volume of merchandise potentially impacted by the price or cost distortions resulting from the market situation; and (iii) The number and nature of the entities potentially affected by the price or cost distortions resulting from a market situation. (f) The Secretary may adjust its calculations to address distortions to which a particular market situation under paragraphs (d) and (e) of this section has contributed In general. (2) Imprecise quantification of the distortions. (3) The Secretary may determine not to adjust its calculations. (i) Whether the cost distortion is already sufficiently addressed in its calculations in accordance with another statutory provision, such as the transaction disregarded and major input rules of sections 773(f)(2) and (3) of the Act; (ii) Whether a reasonable method for quantifying an adjustment to the calculations is absent from the record; and (iii) Whether information on the record suggests that the application of an adjustment to the Secretary's calculations would otherwise be unreasonable. (g) Examples of particular market situations which contribute to distortions in the cost of materials and fabrication or other processing of any kind, such that those costs do not accurately reflect the cost of production in the ordinary course of trade. (1) A significant input into the production of subject merchandise is produced in such amounts that there is considerably more supply than demand in international markets for the input and the Secretary concludes, based on record information, that regardless of the impact of such overcapacity of the significant input on other countries, such overcapacity contributed to distortions of the price or cost of that input in the subject country during the period of investigation or review; (2) A government, government-controlled entity, or other public entity in the subject country owns or controls the predominant producer or supplier of a significant input used in the production of subject merchandise and the Secretary concludes, based on record information, that such ownership or control of the producer or supplier contributed to price or cost distortions of that input in the subject country during the period of investigation or review; (3) A government, government-controlled entity, or other public entity in the subject country intervenes in the market for a significant input into the production of subject merchandise and the Secretary concludes, based on record information, such that the intervention contributed to price or cost distortions of that input in the subject country during the period of investigation or review; (4) A government in the subject country limits exports of a significant input into the production of subject merchandise and the Secretary concludes, based on record information, that such export limitations contributed to price or cost distortions of that input in the subject country during the period of investigation or review; (5) A government in the subject country imposes export taxes on a significant input into the production of subject merchandise and the Secretary concludes, based on record information, that such taxes contributed to price or cost distortions of that input in the subject country during the period of investigation or review; (6) A government in the subject country exempts an importer, producer, or exporter of subject merchandise from paying duties or taxes associated with trade remedies established by the government relating to a significant input into the production of subject merchandise during the period of investigation or review; (7) A government in the subject country rebates duties or taxes paid by an importer, producer or exporter of subject merchandise associated with trade remedies established by the government related to a significant input into the production of subject merchandise during the period of investigation or review; (8) A government, government-controlled entity, or other public entity in the subject country provides financial assistance or other support to the producer or exporter of subject merchandise, or to a producer or supplier of a significant input into the production of subject merchandise and the Secretary concludes, based on record information, that such assistance or support contributed to cost distortions of subject merchandise or distortions in the price or cost of a significant input into the production of subject merchandise in the subject country during the period of investigation or review; (9) A government, government-controlled entity, or other public entity in the subject country mandates, through law or in practice, the use of a certain percentage of domestic-manufactured inputs, the sharing or use of certain intellectual property or production processes, or the formation of certain business relationships with other entities to produce subject merchandise or a significant input into the production of subject merchandise and the Secretary concludes, based on record information, that those requirements contributed to cost distortions of subject merchandise or distortions in the price or cost of a significant input into the production of subject merchandise in the subject country during the period of investigation or review; (10) A government, government-controlled entity, or other public entity in the subject country does not enforce its property (including intellectual property), human rights, labor, or environmental protection laws and policies, or those laws and policies are otherwise shown to be ineffective with respect to either a producer or exporter of subject merchandise, or to a producer or supplier of a significant input into the production of subject merchandise in the subject country and the Secretary concludes, based on record information, that the lack of enforcement or effectiveness of such laws and policies contributed to cost distortions of subject merchandise or distortions in the price or cost of a significant input into the production of subject merchandise during the period of investigation or review; (11) A government, government-controlled entity, or other public entity in the subject country does not implement property (including intellectual property), human rights, labor, or environmental protection laws and policies and the Secretary concludes, based on record information, that the absence of such laws and policies contributed to cost distortions of subject merchandise, or distortions in the price or cost of a significant input into the production of subject merchandise in the subject country during the period of investigation or review; and (12) Nongovernmental entities take actions which the Secretary concludes, based on record information, contributed to cost distortions of subject merchandise or distortions in the price or cost of a significant input into the production of subject merchandise in the subject country during the period of investigation or review. Actions that result in distortive prices and costs by nongovernmental entities covered by this example include, but are not limited to, the formation of business relationships between one or more producers of subject merchandise and suppliers of significant inputs to the production of subject merchandise, including mutually-beneficial strategic alliances or noncompetitive arrangements, as well as sales by third-country exporters of significant inputs into the subject country for prices for less than fair value. (h) A particular market situation which contributes to distortions in the cost of materials and fabrication or other processing of any kind, such that the costs do not accurately reflect the cost of production in the ordinary course of trade, may also contribute to a particular market situation that prevents or does not permit a proper comparison of prices. [89 FR 20837, Mar. 25, 2024] Subpart E—Identification and Measurement of Countervailable Subsidies Source: 63 FR 65407, Nov. 25, 1998, unless otherwise noted. § 351.501 Scope. The provisions of this subpart E set forth rules regarding the identification and measurement of countervailable subsidies. Where this subpart E does not expressly deal with a particular type of alleged subsidy, the Secretary will identify and measure the subsidy, if any, in accordance with the underlying principles of the Act and this subpart E. § 351.502 Specificity of domestic subsidies. (a) Sequential analysis. de facto (b) Characteristics of a “group.” (c) Traded goods sector. (d) Disaster relief. (e) Employment assistance. [63 FR 65407, Nov. 25, 1998, as amended at 85 FR 6043, Feb. 4, 2020; 89 FR 101765, Dec. 16, 2024] § 351.503 Benefit. (a) Specific rules. (b) Other subsidies In general. e.g., (2) Exception. (3) Contingent liabilities and assets. (c) Distinction from effect of subsidy In general. (2) Subsidy provided to support compliance with a government-imposed mandate. (d) Varying financial contribution levels In general. (2) Exception. (e) Tax consequences. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20840, Mar. 25, 2024; 89 FR 101765, Dec. 16, 2024] § 351.504 Grants. (a) Benefit. (b) Time of receipt of benefit. (c) Allocation of a grant to a particular time period. § 351.505 Loans. (a) Benefit In general. See (2) “Comparable commercial loan” defined “Comparable” defined. e.g., e.g., (ii) “Commercial” defined. (iii) Long-term loans. (iv) Short-term loans. (3) “Could actually obtain on the market” defined In general. (ii) Where the firm has no comparable commercial loans. (iii) Exception for uncreditworthy companies. i b n f n n 1/n where: n = the term of the loan; i b i f p n q n “Default” means any missed or delayed payment of interest and/or principal, bankruptcy, receivership, or distressed exchange. For values of p n n (4) Uncreditworthiness In general. (A) The receipt by the firm of comparable commercial long-term loans; (B) The present and past financial health of the firm, as reflected in various financial indicators calculated from the firm's financial statements and accounts; (C) The firm's recent past and present ability to meet its costs and fixed financial obligations with its cash flow; and (D) Evidence of the firm's future financial position, such as market studies, country and industry economic forecasts, and project and loan appraisals prepared prior to the agreement between the lender and the firm on the terms of the loan. (ii) Significance of long-term commercial loans. (iii) Significance of prior subsidies. (iv) Discount rate. (5) Long-term variable rate loans In general. (ii) Exception. (6) Allegations Allegation of uncreditworthiness required. (ii) Government-owned banks. (A) The loan meets the specificity criteria in accordance with section 771(5A) of the Act; and (B) A benefit exists within the meaning of paragraph (a)(1) of this section. (iii) Initiation standard for government-owned policy banks. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period Short-term loans. (2) Long-term loans. i.e., (d) Treatment of outstanding loans as grant after three years of no payments of interest or principal. (e) Contingent liability interest-free loans Treatment as loans. (2) Treatment as grants. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20840, Mar. 25, 2024; 89 FR 101765, Dec. 16, 2024] § 351.506 Loan guarantees. (a) Benefit In general. See (2) Government acting as owner. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. § 351.507 Equity. (a) Benefit In general. See (2) Private investor prices available In general. see (ii) Timing of private investor prices. (iii) Significant private sector participation required. (iv) Adjustments for “similar” form of equity. see (3) Actual private investor prices unavailable In general. see (4) Equityworthiness In general. (A) Objective analyses of the future financial prospects of the recipient firm or the project as indicated by, inter alia, (B) Current and past indicators of the recipient firm's financial health calculated from the firm's statements and accounts, adjusted, if appropriate, to conform to generally accepted accounting principles; (C) Rates of return on equity in the three years prior to the government equity infusion; and (D) Equity investment in the firm by private investors. (ii) Significance of a pre-infusion objective analysis. see, (iii) Significance of prior subsidies. (5) Benefit where firm is equityworthy. see (6) Benefit where firm is unequityworthy. see (7) Allegations. (b) Time of receipt of benefit. (c) Outside investor standard. (d) Allocation of benefit to a particular time period. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024] § 351.508 Debt forgiveness. (a) Benefit. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period In general. (2) Exception. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024 § 351.509 Direct taxes. (a) Benefit Exemption or remission of taxes. (2) Deferral of taxes. (b) Time of receipt of benefit Exemption or remission of taxes. (2) Deferral of taxes. (c) Allocation of benefit to a particular time period. (d) Benefit not tied to particular markets or products. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024; 89 FR 101766, Dec. 16, 2024] § 351.510 Indirect taxes and import charges (other than export programs). (a) Benefit Exemption or remission of taxes. (2) Deferral of taxes. (b) Time of receipt of benefit Exemption or remission of taxes. (2) Deferral of taxes. (c) Allocation of benefit to a particular time period. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 101766, Dec. 16, 2024] § 351.511 Provision of goods or services. (a) Benefit In general. See (2) “ Adequate Remuneration” defined In general. (ii) Actual market-determined price unavailable. (iii) World market price unavailable. (A) Uses competitive bid procedures that are open without restriction on the use of the good or service; (B) Is open without restriction to all bidders, including foreign enterprises, and protects the confidentiality of the bidders; (C) Accounts for the substantial majority of the actual government provision of the good or service in the jurisdiction in question; and (D) Determines the winner based solely on price. (iv) Use of delivered prices. (v) Exclusion of certain prices. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. (d) Exception for general infrastructure. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024; 89 FR 101766, Dec. 16, 2024] § 351.512 Purchase of goods. (a) Benefit In general. (2) Adequate remuneration defined In general. (ii) Actual market-determined prices unavailable. (iii) Exclusion of certain prices. (iv) Use of ex-factory or ex-works price. (3) Exception when the government is both a provider and purchaser of the good. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. [89 FR 101766, Dec. 16, 2024] § 351.513 Worker-related subsidies. (a) Benefit. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. § 351.514 Export subsidies. (a) In general. (b) Exception. § 351.515 Internal transport and freight charges for export shipments. (a) Benefit In general. (2) Exception. (i) Any difference in charges is the result of an arm's-length transaction between the supplier and the user of the transport or freight service; or (ii) The difference in charges is commercially justified. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. § 351.516 Price preferences for inputs used in the production of goods for export. (a) Benefit In general. (2) Amount of benefit. (3) Commercially available. commercially available (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. § 351.517 Exemption or remission upon export of indirect taxes. (a) Benefit. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. § 351.518 Exemption, remission, or deferral upon export of prior-stage cumulative indirect taxes. (a) Benefit Exemption of prior-stage cumulative indirect taxes. (2) Remission of prior-stage cumulative indirect taxes. (3) Deferral of prior-stage cumulative indirect taxes. (4) Exception. (i) The government in question has in place and applies a system or procedure to confirm which inputs are consumed in the production of the exported products and in what amounts, and to confirm which indirect taxes are imposed on these inputs, and the system or procedure is reasonable, effective for the purposes intended, and is based on generally accepted commercial practices in the country of export; or (ii) If the government in question does not have a system or procedure in place, if the system or procedure is not reasonable, or if the system or procedure is instituted and considered reasonable, but is found not to be applied or not to be applied effectively, the government in question has carried out an examination of actual inputs involved to confirm which inputs are consumed in the production of the exported product, in what amounts, and which indirect taxes are imposed on the inputs. (b) Time of receipt of benefit. (1) In the case of an exemption, as of the date of exportation; (2) In the case of a remission, as of the date of exportation; (3) In the case of a deferral of one year or less, on the date the deferred tax became due; and (4) In the case of a multi-year deferral, on the anniversary date(s) of the deferral. (c) Allocation of benefit to a particular time period. § 351.519 Remission or drawback of import charges upon export. (a) Benefit In general. (i) Remission or drawback of import charges. (ii) Exemption of import charges. (iii) Deferral of import charges. (2) Substitution drawback. (i) The import and the corresponding export operations both did not occur within a reasonable time period, not to exceed two years; or (ii) The amount drawn back exceeds the amount of the import charges levied initially on the imported inputs for which drawback is claimed. (3) Amount of the benefit Remission or drawback of import charges. (ii) Exemption of import charges. (iii) Deferral of import charges. (4) Exception. (i) The government in question has in place and applies a system or procedure to confirm which inputs are consumed in the production of the exported products and in what amounts, and the system or procedure is reasonable, effective for the purposes intended, and is based on generally accepted commercial practices in the country of export; or (ii) If the government in question does not have a system or procedure in place, if the system or procedure is not reasonable, or if the system or procedure is instituted and considered reasonable, but is found not to be applied or not to be applied effectively, the government in question has carried out an examination of actual inputs involved to confirm which inputs are consumed in the production of the exported product, and in what amounts. (b) Time of receipt of benefit. (1) In the case of remission or drawback, as of the date of exportation; (2) In the case of an exemption, as of the date of the exportation; (3) In the case of a deferral of one year or less, on the date the import charges became due; and (4) In the case of a multi-year deferral, on the anniversary date(s) of the deferral. (c) Allocation of benefit to a particular time period. § 351.520 Export insurance. (a) Benefit general. (2) Amount of the benefit. (b) Time of receipt of benefit. (c) Allocation of benefit to a particular time period. [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024] § 351.521 Indirect taxes and import charges on capital goods and equipment (export programs). (a) Benefit Exemption or remission of taxes and import charges. (2) Deferral of taxes and import charges. (b) Time of receipt of benefit Exemption or remission of taxes and import charges. (2) Deferral of taxes and import charges. (c) Allocation of benefit to a particular time period. [89 FR 101766, Dec. 16, 2024] § 351.522 [Reserved] § 351.523 Upstream subsidies. (a) Investigation of upstream subsidies In general. see (i) A countervailable subsidy, other than an export subsidy, is provided with respect to an input product; (ii) One of the following conditions exists: (A) The supplier of the input product and the producer of the subject merchandise are affiliated; (B) The price for the subsidized input product is lower than the price that the producer of the subject merchandise otherwise would pay another seller in an arm's-length transaction for an unsubsidized input product; or (C) The government sets the price of the input product so as to guarantee that the benefit provided with respect to the input product is passed through to producers of the subject merchandise; and (iii) The ad valorem (b) Input product. (c) Competitive benefit In general. (i) The actual price paid by, or offered to, the producer of the subject merchandise for an unsubsidized input product, including an imported input product; (ii) An average price for an unsubsidized input product, including an imported input product, based upon publicly available data; (iii) The actual price paid by, or offered to, the producer of the subject merchandise for a subsidized input product, including an imported input product, that is adjusted to account for the countervailable subsidy; (iv) An average price for a subsidized input product, including an imported input product, based upon publicly available data, that is adjusted to account for the countervailable subsidy; or (v) An unadjusted price for a subsidized input product or any other surrogate price deemed appropriate by the Secretary. For purposes of this section, such prices must be reflective of a time period that reasonably corresponds to the time of the purchase of the input. (2) Use of delivered prices. (d) Significant effect Presumptions. see ad valorem (2) Rebuttal of presumptions. § 351.524 Allocation of benefit to a particular time period. Unless otherwise specified in §§ 351.504-351.523, the Secretary will allocate benefits to a particular time period in accordance with this section. (a) Recurring benefits. (b) Non-recurring benefits In general. (2) Exception. e.g., (c) “Recurring” versus “non-recurring” benefits Non-binding iIlustrative lists of recurring and non-recurring benefits. (2) The test for determining whether a benefit is recurring or non-recurring. (i) Whether the subsidy is exceptional in the sense that the recipient cannot expect to receive additional subsidies under the same program on an ongoing basis from year to year; (ii) Whether the subsidy required or received the government's express authorization or approval ( i.e., (iii) Whether the subsidy was provided for, or tied to, the capital structure or capital assets of the firm. (d) Process for allocating non-recurring benefits over time In general. Where: A k y = the face value of the subsidy, n = the AUL (see paragraph (d)(2) of this section), d = the discount rate (see paragraph (d)(3) of this section), and k = the year of allocation, where the year of receipt = 1 and 1 ≤k ≤n. (2) AUL In general. see (ii) Definition of “significant.” significant (iii) Calculation of a company-specific or country-wide AUL. (iv) Exception. (3) Selection of a discount rate. In general. (A) The cost of long-term, fixed-rate loans of the firm in question, excluding any loans that the Secretary has determined to be countervailable subsidies; (B) The average cost of long-term, fixed-rate loans in the country in question; or (C) A rate that the Secretary considers to be most appropriate. (ii) Exception for uncreditworthy firms. see § 351.525 Calculation of ad valorem (a) Calculation of ad valorem subsidy rate. ad valorem e.g., (b) Attribution of subsidies In general. (2) Export subsidies. (3) Domestic subsidies. (4) Subsidies tied to a particular market. (5) Subsidies tied to a particular product In general. (ii) Exception. (6) Corporations with cross-ownership In general. (ii) Corporations producing the same product. (iii) Holding or parent companies. (iv) Input producer In general. (B) Primarily dedicated. (v) Providers of utility products. (A) A substantial percentage, normally defined as 25 percent or more, of the production of the cross-owned utility provider is provided to the producer of subject merchandise, or (B) The producer of subject merchandise purchases a substantial percentage, normally defined as 25 percent or more, of its electricity, natural gas, or other similar utility product from the cross-owned provider. (vi) Transfer of subsidy between corporations with cross-ownership. (vii) Cross-ownership defined. (7) Multinational firms. (8) Attribution of subsidies to plants or factories. (9) General standard for finding tying. (c) Trading companies In general. (2) The individually examined respondent exports through trading company. (3) The individually examined respondent is a trading company. (d) Ad valorem subsidy rate in countries with high inflation. per annum ad valorem [63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024; 89 FR 101767, Dec. 16, 2024] § 351.526 Subsidy extinguishment from changes in ownership. (a) In general. (b) Rebutting the presumption of subsidy continuation notwithstanding a change in ownership. (i) In the case of a government-to-private sale, that the sale was an arm's-length transaction for fair market value, or (ii) In the case of a private-to-private sale, that the sale was an arm's-length transaction, unless a party demonstrates that the sale was not for fair market value. (2) Arm's-length. (3) Fair Market Value. (ii) In making the determination under paragraph (b)(3)(i) of this section, the Secretary may consider information regarding comparable benchmark prices as well as information regarding the process through which the sale was made. The following is a non-exhaustive list of specific considerations that the Secretary may find to be relevant in this regard: (A) Objective analysis. (B) Artificial barriers to entry. (C) Highest bid. (D) Committed investment. (4) Deadline to rebut the presumption under paragraph (b)(1) of this section. (5) Market distortion. (i) Fundamental conditions. (ii) Legal and fiscal incentives. (A) Special tax or duty rates that make the sale more attractive to potential purchasers; (B) Regulatory exemptions particular to the privatization (or to privatizations generally) affecting worker retention or environmental remediation; or (C) Subsidization or support of other companies to an extent that severely distorts the normal market signals regarding company and asset values in the industry in question. (c) Subsidy benefit extinguishment In general. (2) Concurrent subsidies. (i) The nature and value of the concurrent subsidies are fully transparent to all potential bidders and, therefore, reflected in the final bid values of the potential bidders, (ii) The concurrent subsidies are bestowed prior to the sale, and (iii) There is no evidence otherwise on the record demonstrating that the concurrent subsidies are not fully reflected in the transaction price. [89 FR 101768, Dec. 16, 2024] § 351.527 [Reserved] § 351.528 Exchanges of undervalued currencies. (a) Currency undervaluation In general. (2) Government action. (b) Benefit In general. (i) The nominal, bilateral United States dollar rate consistent with the equilibrium REER; and (ii) The actual nominal, bilateral United States dollar rate during the relevant time period, taking into account any information regarding the impact of government action on the exchange rate. (2) Amount of benefit. (c) Information sources. [85 FR 6043, Feb. 4, 2020] § 351.529 Certain fees, fines, and penalties. (a) Financial contribution. (b) Benefit. [89 FR 20841, Mar. 25, 2024] Subpart F—Subsidy Determinations Regarding Cheese Subject to an In-Quota Rate of Duty § 351.601 Annual list and quarterly update of subsidies. The Secretary will make the determinations called for by section 702(a) of the Trade Agreements Act of 1979, as amended (19 U.S.C. 1202 note) based on the available information, and will publish the annual list and quarterly updates described in such section in the Federal Register. § 351.602 Determination upon request. (a) Request for determination. see (i) The name and address of the person; (ii) The article of cheese subject to an in-quota rate of duty allegedly benefitting from the changed or additional subsidy; (iii) The country of origin of the article of cheese subject to an in-quota rate of duty; and (iv) The alleged subsidy or changed subsidy and relevant factual information (particularly documentary evidence) regarding the alleged changed or additional subsidy including the authority under which it is provided, the manner in which it is paid, and the value of the subsidy to producers or exporters of the article. (2) The requirements of § 351.303 (c) and (d) apply to this section. (b) Determination. (1) In consultation with the Secretary of Agriculture, determine based on the available information whether there has been any change in the type or amount of any subsidy included in the latest annual list or quarterly update or an additional subsidy not included in that list or update is being provided by a foreign government; (2) Notify the Secretary of Agriculture and the person making the request of the determination; and (3) Promptly publish in the Federal Register § 351.603 Complaint of price-undercutting by subsidized imports. Upon receipt of a complaint filed with the Secretary of Agriculture under section 702(b) of the Trade Agreements Act concerning price-undercutting by subsidized imports, the Secretary will promptly determine, under section 702(a)(3) of the Trade Agreements Act of 1979, whether or not the alleged subsidies are included in or should be added to the latest annual list or quarterly update. § 351.604 Access to information. Subpart C of this part applies to factual information submitted in connection with this subpart. Subpart G—Applicability Dates § 351.701 Applicability dates. The regulations contained in this part 351 apply to all administrative reviews initiated on the basis of requests made on or after the first day of July, 1997, to all investigations and other segments of proceedings initiated on the basis of petitions filed or requests made after June 18, 1997 and to segments of proceedings self-initiated by the Department after June 18, 1997. Segments of proceedings to which part 351 do not apply will continue to be governed by the regulations in effect on the date the petitions were filed or requests were made for those segments, to the extent that those regulations were not invalidated by the URAA or replaced by the interim final regulations published on May 11, 1995 (60 FR 25130 (1995)). For segments of proceedings initiated on the basis of petitions filed or requests made after January 1, 1995, but before part 351 applies, part 351 will serve as a restatement of the Department's interpretation of the requirements of the Act as amended by the URAA. § 351.702 Applicability dates for countervailing duty regulations. (a) Notwithstanding § 351.701, the regulations in subpart E of this part apply to: (1) All CVD investigations initiated on the basis of petitions filed after December 28, 1998; (2) All CVD administrative reviews initiated on the basis of requests filed on or after the first day of January 1999; and (3) To all segments of CVD proceedings self-initiated by the Department after December 28, 1998. (b) Segments of CVD proceedings to which subpart E of this part does not apply will continue to be guided by the Department's previous methodology (in particular, as described in the 1989 Proposed Regulations), except to the extent that the previous methodology was invalidated by the URAA, in which case the Secretary will treat subpart E of this part as a restatement of the Department's interpretation of the requirements of the Act as amended by the URAA. [63 FR 65417, Nov. 25, 1998] Annex I to Part 351—Deadlines for Parties in Countervailing Investigations Day 1 Event Regulation 0 days Initiation 20 days Submission of factual information to measure adequacy of remuneration 351.301(c)(3)(i)(B) or (C) (45 days before the scheduled date of preliminary determination, or the Secretary may issue an alternative schedule). 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). 31 days 2 Notification of difficulty in responding to questionnaire 351.301(c)(1)(iii) (14 days after date of receipt of 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) (The earlier of 30 days before the scheduled date of preliminary determination or 14 days before verification). 40 days Request for postponement by petitioner 351.205(e) (25 days or more before the scheduled date of preliminary determination). 45 days Allegation of critical circumstances before preliminary determination 351.206(c)(2)(i) (20 days before the scheduled date of preliminary determination). 0-47 days Application for an administrative protective order 351.305(b)(3) (before submission of the first response to questionnaire; where justified, may be filed up to the date on which the case briefs are due). 47 days Questionnaire responses 351.301(c)(1)(i) (30 days from date of receipt of questionnaire). 65 days (May be postponed to 130 days) Preliminary determination 351.205(b)(1) and (2) (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 investigation with a concurrent AD investigation 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 Allegation of critical circumstances before final determination 351.206(e) (21 days or more before scheduled date of 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). 147 days 4 Final determination 351.210(b)(1) and (3) (75 days after preliminary determination, but may be postponed to 165 days after preliminary determination if Secretary investigates an upstream subsidy allegation and concludes additional time is needed). 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). 199-289 days Order issued 351.211(b) (Not later than 7 days after receipt of notice of an affirmative final injury determination by the U.S. International Trade Commission). 1 2 3 4 [90 FR 14201, Mar. 31, 2025] 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 questionnaire). 0-75 days Application for an administrative protective order 351.305(b)(3) (before submission of first response; where justified, may be filed up to the date on which the case briefs are due). 90 days 3 Questionnaire responses 351.301(c)(1)(i) (At least 30 days after date of receipt of questionnaire). 104 days Submission of factual information to rebut, clarify, or correct questionnaire response 351.301(c)(1)(v) (14 days after questionnaire response). 110 days Countervailable subsidy allegation 351.301(c)(2)(iv)(B) (20 days after filing of all responses to 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)(A) (100 days after date of publication of initiation). 185 days Submission of factual information to measure adequacy of remuneration 351.301(c)(3)(ii)(A) or (B) (60 days before scheduled date of preliminary results, or the Secretary may issue an alternative schedule). 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) (The earlier of 30 days before the scheduled date of preliminary results or 14 days before verification). 245 days (May be extended to 365 days) Preliminary results of review 351.213(h)(1) and (2) (245 days after the last day of the anniversary month, but may be 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). 372 days 5 Final results of review 351.213(h)(1) and (2) (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 2 3 4 5 [90 FR 14201, Mar. 31, 2025] 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 (nonmarket economy) 351.108(d)(1) (21 days after publication). 50 days Country-wide cost allegation 351.301(c)(2)(ii)(A) (20 days after date on which questionnaire was transmitted). 0-67 days Application for an administrative protective order 351.305(b)(3) (before submission of the first response to the questionnaire; where justified, may be filed up to the date on which the case briefs are due). 51 days 2 Notification of difficulty in responding to questionnaire 351.301(c)(1)(iii) (Within 14 days after date of receipt of questionnaire). 67 days Questionnaire responses 351.301(c)(1)(i) (At least 30 days after date of receipt of questionnaire; where justified, may be filed up to the date on which the case briefs are due). 77 days Viability arguments and certain multinational corporation allegations 351.301(c)(2)(i) (10 days after response to relevant section of the questionnaire was filed) and 351.404(g)(1). 80 days Submission of publicly available information to value factors (nonmarket economy) 351.301(c)(3)(i)(A) or (C) (60 days before scheduled date of preliminary determination, or the Secretary may issue an alternative schedule)). 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 Submission of other factual information not responsive to or relating to 351.102(b)(21)(i)-(iv) 351.301(c)(5) (The earlier of 30 days before scheduled date of preliminary determination or 14 days before verification). 115 days Request for postponement by petitioner 351.205(e) (25 days or more before scheduled date of preliminary determination). 120 days Allegation of critical circumstances before preliminary determination 351.206(c)(2)(i) (20 days before scheduled date of preliminary determination). 140 days (May be postponed to 190 days) Preliminary determination 351.205(b)(1) and (2) (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 issuance of preliminary determination). 177 days 3 Request for a hearing 351.310(c) (30 days after date of publication of preliminary determination). 194 days Allegation of critical circumstance allegation before final determination 351.206(e) (21 days before scheduled date of 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) (Submitted within the scheduled date of the final determination). 222 days 4 Final determination 351.210(b)(1) and (2) (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). 274-334 days Order issued 351.211(b) (Not later than 7 days after receipt of notice of an affirmative final injury determination by the U.S. International Trade Commission). 1 2 3 4 [90 FR 14201, Mar. 31, 2025] 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). 0-90 days Application for an administrative protective order 351.305(b)(3) (Before submission of first response to questionnaire; where justified, may be filed up to the date on which the case briefs are due). 44 days Application/certification for separate rate (nonmarket economy) 351.108(d)(2) and (3) (14 days after publication of initiation). 60 days Request to examine absorption of duties 351.213(j)(1) (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 questionnaire). 85 days Viability arguments and certain multinational corporation allegations 351.301(c)(2)(i) (10 days after relevant section is filed) and 351.404(g)(1). 90 days 3 Questionnaire responses 351.301(c)(1)(i) (At least 30 days after date of receipt of 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)(A) (100 days after date of publication of initiation). 185 days Submission of publicly available information to value factors (nonmarket economy) 351.301(c)(3)(ii)(A) and (B) (60 days before the scheduled date of preliminary results, or the Secretary may issue an alternative schedule). 215 days Submission of other factual information not responsive to or relating to 351.102(b)(21)(i)-(iv) 351.301(c)(5) (The earlier of 30 days before the scheduled date of preliminary results or 14 days before verification). 245 days (May be extended to 365 days) Preliminary results of review 351.213(h)(1) and (2) (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 351.310(c) (30 days after date of publication of preliminary results). 282 days Request for closed hearing sessions 351.310(f) (No later than the date 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). 372 days 4 Final results of review 351.213(h)(1) and (2) (120 days after the date of publication of preliminary results, but may be extended to 180 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 2 3 4 [90 FR 14201, Mar. 31, 2025] Annex V to Part 351 [Reserved] Annex VI to Part 351—Countervailing Investigations Timeline Annex VII to Part 351—Antidumping Investigations Timeline 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). 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 [89 FR 103637, Dec. 19, 2024] 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 [89 FR 103637, Dec. 19, 2024] 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 [89 FR 103637, Dec. 19, 2024] 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 2 3 [89 FR 103639, Dec. 19, 2024] 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 (self-initiated inquiry) 351.226(f)(1) (14 days after scope ruling application rebuttal comments are filed). 44 days Applicant rebuttal comments (inquiry based on a request) 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) (May be extended by no more than 90 days). 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) (May be extended by no more than 90 days). 171 days Preliminary determination comments in self-initiated circumvention inquiry 351.226(f)(4) (14 days after the issuance of the preliminary determination). 201 days Preliminary determination comments in circumvention inquiry based on a request 351.226(f)(4) (14 days after the issuance of the preliminary determination). 178 days Preliminary determination rebuttal comments in self-initiated circumvention inquiry 351.226(f)(4) (7 days after the issuance of the preliminary determination). 208 days Preliminary determination rebuttal comments in circumvention inquiry based on a request 351.226(f)(4) (7 days after the issuance of the preliminary determination). 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 2 3 [90 FR 14204, Mar. 31, 2025] 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 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 2 [89 FR 103640, Dec. 19, 2024] 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 2 3 4 5 [89 FR 103640, Dec. 19, 2024]

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