[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.106]

[Page 196]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                    Subpart A--Scope and Definitions
 
Sec. 351.106  De minimis net countervailable subsidies and weighted-average dumping margins disregarded.

    (a) Introduction. Prior to the enactment of the URAA, the Department 
had a well-established and judicially sanctioned practice of 
disregarding net countervailable subsidies or weighted-average dumping 
margins that were de minimis. The URAA codified in the Act the 
particular de minimis standards to be used in antidumping and 
countervailing duty investigations. This section discussed the 
application of the de minimis standards in antidumping or countervailing 
duty proceedings.
    (b) Investigations--(1) In general. In making a preliminary or final 
antidumping or countervailing duty determination in an investigation 
(see sections 703(b), 733(b), 705(a), and 735(a) of the Act), the 
Secretary will apply the de minimis standard set forth in section 
703(b)(4) or section 733(b)(3) of the Act (whichever is applicable).
    (2) Transition rule. (i) If:
    (A) The Secretary resumes an investigation that has been suspended 
(see section 704(i)(1)(B) or section 734(i)(1)(B) of the Act); and
    (B) The investigation was initiated before January 1, 1995, then
    (ii) The Secretary will apply the de minimis standard in effect at 
the time that the investigation was initiated.
    (c) Reviews and other determinations--(1) In general. In making any 
determination other than a preliminary or final antidumping or 
countervailing duty determination in an investigation (see paragraph (b) 
of this section), the Secretary will treat as de minimis any weighted-
average dumping margin or countervailable subsidy rate that is less than 
0.5 percent ad valorem, or the equivalent specific rate.
    (2) Assessment of antidumping duties. The Secretary will instruct 
the Customs Service to liquidate without regard to antidumping duties 
all entries of subject merchandise during the relevant period of review 
made by any person for which the Secretary calculates an assessment rate 
under Sec. 351.212(b)(1) that is less than 0.5 percent ad valorem, or 
the equivalent specific rate.