[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: 19CFR351.211]

[Page 212]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
        Subpart B--Antidumping and Countervailing Duty Procedures
 
Sec.  351.211  Antidumping order and countervailing duty order.

    (a) Introduction. The Secretary issues an order when both the 
Secretary and the Commission (except in certain countervailing duty 
investigations) have made final affirmative determinations. The issuance 
of an order ends the investigative phase of a proceeding. Generally, 
upon the issuance of an order, importers no longer may post bonds as 
security for antidumping or countervailing duties, but instead must make 
a cash deposit of estimated duties. An order remains in effect until it 
is revoked. This section contains rules regarding the issuance of orders 
in general, as well as special rules for orders where the Commission has 
found a regional industry to exist.
    (b) In general. Not later than seven days after receipt of notice of 
an affirmative final injury determination by the Commission under 
section 705(b) or section 735(b) of the Act, or, in a countervailing 
duty proceeding involving subject merchandise from a country not 
entitled to an injury test (see Sec.  351.101(b)), simultaneously with 
publication of an affirmative final countervailing duty determination by 
the Secretary, the Secretary will publish in the Federal Register an 
``Antidumping Order'' or ``Countervailing Duty Order'' that:
    (1) Instructs the Customs Service to assess antidumping duties or 
countervailing duties (whichever is applicable) on the subject 
merchandise, in accordance with the Secretary's instructions at the 
completion of each review requested under Sec.  351.213(b) 
(administrative review), Sec.  351.214(b) (new shipper review), or Sec.  
351.215(b) (expedited antidumping review), or if a review is not 
requested, in accordance with the Secretary's assessment instructions 
under Sec.  351.212(c);
    (2) Instructs the Customs Service to require a cash deposit of 
estimated antidumping or countervailing duties at the rates included in 
the Secretary's final determination; and
    (3) Orders the suspension of liquidation ended for all entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption before the date of publication of the Commission's final 
determination, and instructs the Customs Service to release the cash 
deposit or bond on those entries, if in its final determination, the 
Commission found a threat of material injury or material retardation of 
the establishment of an industry, unless the Commission in its final 
determination also found that, absent the suspension of liquidation 
ordered under section 703(d)(2) or section 733(d)(2) of the Act, it 
would have found material injury (see section 706(b) or section 736(b) 
of the Act).