[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: 19CFR351.202]

[Page 197-200]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
        Subpart B--Antidumping and Countervailing Duty Procedures
 
Sec. 351.202  Petition requirements.

    (a) Introduction. The Secretary normally initiates antidumping and 
countervailing duty investigations based on petitions filed by a 
domestic interested party. This section contains rules concerning the 
contents of a petition, filing requirements, notification of foreign 
governments, pre-initiation communications with the Secretary, and 
assistance to small businesses in preparing petitions. Petitioners are 
also advised to refer to the Commission's regulations concerning the 
contents of petitions, currently 19 CFR 207.11.
    (b) Contents of petition. A petition requesting the imposition of 
antidumping or countervailing duties must contain the following, to the 
extent reasonably available to the petitioner:

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    (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 
Sec. 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) Countervailable subsidies, other than an export subsidy, that an 
authority of the affected country provides to the upstream supplier;
    (2) The competitive benefit the countervailable subsidies bestow on 
the subject merchandise; and
    (3) The significant effect the countervailable subsidies have on the 
cost of producing the subject merchandise;
    (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,

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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 Sec. 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) A history of dumping; or
    (2) The importer's knowledge that the exporter was selling the 
subject merchandise at less than its fair value, and that there would be 
material injury by reason of such sales; or
    (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. The petitioner must file 
a copy of the petition with the Commission and the Secretary on the same 
day and so certify in submitting the petition to the Secretary. Factual 
information in the petition must be certified, as provided in 
Sec. 351.303(g). Other filing requirements are set forth in 
Sec. 351.303.
    (d) Business proprietary status of information. The Secretary will 
treat as business proprietary any factual information for which the 
petitioner requests business proprietary treatment and which meets the 
requirements of Sec. 351.304.
    (e) Amendment of petition. The Secretary may allow timely amendment 
of the petition. The petitioner must file an amendment with the 
Commission and the Secretary on the same day and so certify in 
submitting the amendment to the Secretary. If the amendment consists of 
new allegations, the timeliness of the new allegations will be governed 
by Sec. 351.301.
    (f) Notification of representative of the exporting country. Upon 
receipt of a petition, the Secretary will deliver a public version of 
the petition (see Sec. 351.304(c)) to a representative in Washington, 
DC, of the government of any exporting country named in the petition.
    (g) Petition based upon derogation of an international undertaking 
on official export credits. In the case of a petition described in 
section 702(b)(3) of the Act, the petitioner must file a copy of the 
petition with the Secretary of the Treasury, as well as with the 
Secretary and the Commission, and must so certify in submitting the 
petition to the Secretary.
    (h) Assistance to small businesses; additional information. (1) The 
Secretary will provide technical assistance to eligible small 
businesses, as defined in section 339 of the Act, to enable them to 
prepare and file petitions. The Secretary may deny assistance if the 
Secretary concludes that the petition, if filed, could not satisfy the 
requirements of section 702(c)(1)(A) or section 732(c)(1)(A) of the Act 
(whichever is applicable) (see Sec. 351.203).
    (2) For additional information concerning petitions, contact the 
Director for Policy and Analysis, Import Administration, 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--(1) In general. During the period 
before the Secretary's decision whether to initiate an investigation, 
the Secretary will not consider the filing of a notice of appearance to 
constitute a communication for purposes of section 702(b)(4)(B) or 
section 732(b)(3)(B) of the Act.
    (2) Consultations with foreign governments in countervailing duty 
proceedings. In a countervailing duty proceeding, the Secretary will 
invite the government of any exporting country named in the petition for 
consultations with

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respect to the petition. (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.)