[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: 19CFR351.207]

[Page 205-206]
 
                        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. 351.207  Termination of investigation.

    (a) Introduction. ``Termination'' is a term of art that refers to 
the end of an antidumping or countervailing duty proceeding in which an 
order has not yet been issued. The Act establishes a variety of 
mechanisms by which an investigation may be terminated, most of which 
are dealt with in this section. For rules regarding the termination of a 
suspended investigation following a review under section 751 of the Act, 
see Sec. 351.222.
    (b) Withdrawal of petition; self-initiated investigations--(1) In 
general. The Secretary may terminate an investigation under section 
704(a)(1)(A) or section 734(a)(1)(A) (withdrawal of petition) or under 
section 704(k) or section 734(k) (self-initiated investigation) of the 
Act, provided that the Secretary concludes that termination is in the 
public interest. If the Secretary terminates an investigation, the 
Secretary will publish in the Federal Register notice of ``Termination 
of Antidumping (Countervailing Duty) Investigation,'' together with, 
when appropriate, a copy of any correspondence with the petitioner 
forming the basis of the withdrawal and the termination. (For the 
treatment in a subsequent investigation of records compiled in an 
investigation in which the petition was

[[Page 206]]

withdrawn, see section 704(a)(1)(B) or section 734(a)(1)(B) of the Act.)
    (2) Withdrawal of petition based on acceptance of quantitative 
restriction agreements. In addition to the requirements of paragraph 
(b)(1) of this section, if a termination is based on the acceptance of 
an understanding or other kind of agreement to limit the volume of 
imports into the United States of the subject merchandise, the Secretary 
will apply the provisions of section 704(a)(2) or section 734(a)(2) of 
the Act (whichever is applicable) regarding public interest and 
consultations with consuming industries and producers and workers.
    (c) Lack of interest. The Secretary may terminate an investigation 
based upon lack of interest (see section 782(h)(1) of the Act). Where 
the Secretary terminates an investigation under this paragraph, the 
Secretary will publish the notice described in paragraph (b)(1) of this 
section.
    (d) Negative determination. An investigation terminates 
automatically upon publication in the Federal Register of the 
Secretary's negative final determination or the Commission's negative 
preliminary or final determination.
    (e) End of suspension of liquidation. When an investigation 
terminates, if the Secretary previously ordered suspension of 
liquidation, the Secretary will order the suspension ended on the date 
of publication of the notice of termination referred to in paragraph (b) 
of this section or on the date of publication of a negative 
determination referred to in paragraph (d) of this section, and will 
instruct the Customs Service to release any cash deposit or bond.