[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: 19CFR357.106]

[Page 325-326]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 357--SHORT SUPPLY PROCEDURES--Table of Contents
 
Sec. 357.106  Time limits.

    (a) The Secretary will determine, no later than the day specified in 
paragraph (b) of this section--
    (1) Whether short supply exists with respect to the product; and
    (2) If short supply is determined to exist, the quantity of the 
short supply allowance.
    (b) The Secretary will make a short supply determination not later 
than--
    (1) The 15th day after the day on which an adequate petition is 
received if--
    (i) A twelve week moving average of raw steel making capacity 
utilization in the United States, as published by the American Iron and 
Steel Institute, equals or exceeds 90 percent, or
    (ii) The Secretary has granted short supply allowances for the 
product during each of the two immediately preceding years. This 
requirement will be satisfied by a full or partial grant of a short 
supply allowance for the product for a one-year period during each of 
the two immediately preceding years, or for a six-month period during 
each of the two immediately preceding years, provided that there was not 
within the two immediately preceding years a formal negative 
determination by the Secretary as to the existence of short supply for 
the product; or
    (iii) The Secretary, on the basis of available information (and 
whether or not in the context of a determination under section 102 of 
this part), finds that the product is not produced in the United States.
    In making a determination with respect to which section 106(b)(1) of 
this part applies, the Secretary will apply a rebuttable presumption 
that the product is in short supply. The burden of proof will lie on a 
domestic steel producer to prove that it can and will produce and supply 
the product within the requested period of time provided it represents a 
normal order to delivery period. Unless such proof is provided, the 
Secretary will issue a short supply allowance within 15 days of receipt 
of an adequate petition.
    (2) In all other circumstances, the Secretary will make a 
determination

[[Page 326]]

within 30 days after the day on which an adequate petition is received.