[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.107]

[Page 196-197]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                    Subpart A--Scope and Definitions
 
Sec.  351.107  Cash deposit rates for nonproducing exporters; rates in antidumping proceedings involving a nonmarket economy country.

    (a) Introduction. This section deals with the establishment of cash 
deposit rates in situations where the exporter is not the producer of 
subject merchandise, the selection of the appropriate cash deposit rate 
in situations where entry documents do not indicate the producer of 
subject merchandise, and the calculation of dumping margins in 
antidumping proceedings involving imports from a nonmarket economy 
country.
    (b) Cash deposit rates for nonproducing exporters--(1) Use of 
combination rates--(i) In general. In the case of subject merchandise 
that is exported to the United States by a company that is not the 
producer of the merchandise, the

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Secretary may establish a ``combination'' cash deposit rate for each 
combination of the exporter and its supplying producer(s).
    (ii) Example. A nonproducing exporter (Exporter A) exports to the 
United States subject merchandise produced by Producers X, Y, and Z. In 
such a situation, the Secretary may establish cash deposit rates for 
Exporter A/Producer X, Exporter A/Producer Y, and Exporter A/Producer Z.
    (2) New supplier. In the case of subject merchandise that is 
exported to the United States by a company that is not the producer of 
the merchandise, if the Secretary has not established previously a 
combination cash deposit rate under paragraph (b)(1)(i) of this section 
for the exporter and producer in question or a noncombination rate for 
the exporter in question, the Secretary will apply the cash deposit rate 
established for the producer. If the Secretary has not previously 
established a cash deposit rate for the producer, the Secretary will 
apply the ``all-others rate'' described in section 705(c)(5) or section 
735(c)(5) of the Act, as the case may be.
    (c) Producer not identified--(1) In general. In situations where 
entry documents do not identify the producer of subject merchandise, if 
the Secretary has not established previously a noncombination rate for 
the exporter, the Secretary may instruct the Customs Service to apply as 
the cash deposit rate the higher of:
    (i) the highest of any combination cash deposit rate established for 
the exporter under paragraph (b)(1)(i) of this section;
    (ii) the highest cash deposit rate established for any producer 
other than a producer for which the Secretary established a combination 
rate involving the exporter in question under paragraph (b)(1)(i) of 
this section; or
    (iii) the ``all-others rate'' described in section 705(c)(5) or 
section 735(c)(5) of the Act, as the case may be.
    (2) [Reserved]
    (d) Rates in antidumping proceedings involving nonmarket economy 
countries. In an antidumping proceeding involving imports from a 
nonmarket economy country, ``rates'' may consist of a single dumping 
margin applicable to all exporters and producers.