[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: 19CFR351.301]

[Page 241-244]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                   Subpart C--Information and Argument
 
Sec.  351.301  Time limits for submission of factual information.


    (a) Introduction. The Department obtains most of its factual 
information in antidumping and countervailing duty proceedings from 
submissions made by interested parties during the course of the 
proceeding. This section sets forth the time limits for submitting such 
factual information, including information in questionnaire responses, 
publicly available information to value factors in nonmarket economy 
cases, allegations concerning market viability, allegations of sales at 
prices below the cost of production, countervailable subsidy 
allegations, and upstream subsidy allegations. Section 351.302 sets

[[Page 242]]

forth the procedures for requesting an extension of such time limits. 
Section 351.303 contains the procedural rules regarding filing, format, 
translation, service, and certification of documents.
    (b) Time limits in general. Except as provided in paragraphs (c) and 
(d) of this section and Sec.  351.302, a submission of factual 
information is due no later than:
    (1) For a final determination in a countervailing duty investigation 
or an antidumping investigation, seven days before the date on which the 
verification of any person is scheduled to commence, except that factual 
information requested by the verifying officials from a person normally 
will be due no later than seven days after the date on which the 
verification of that person is completed;
    (2) For the final results of an administrative review, 140 days 
after the last day of the anniversary month, except that factual 
information requested by the verifying officials from a person normally 
will be due no later than seven days after the date on which the 
verification of that person is completed;
    (3) For the final results of a changed circumstances review, sunset 
review, or section 762 review, 140 days after the date of publication of 
notice of initiation of the review, except that factual information 
requested by the verifying officials from a person normally will be due 
no later than seven days after the date on which the verification of 
that person is completed;
    (4) For the final results of a new shipper review, 100 days after 
the date of publication of notice of initiation of the review, except 
that factual information requested by the verifying officials from a 
person normally will be due no later than seven days after the date on 
which the verification of that person is completed; and
    (5) For the final results of an expedited antidumping review, 
Article 8 violation review, Article 4/Article 7 review, or section 753 
review, a date specified by the Secretary.
    (c) Time limits for certain submissions--(1) Rebuttal, 
clarification, or correction of factual information. Any interested 
party may submit factual information to rebut, clarify, or correct 
factual information submitted by any other interested party at any time 
prior to the deadline provided in this section for submission of such 
factual information. If factual information is submitted less than 10 
days before, on, or after (normally only with the Department's 
permission) the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than 10 days 
after the date such factual information is served on the interested 
party or, if appropriate, made available under APO to the authorized 
applicant.
    (2) Questionnaire responses and other submissions on request. (i) 
Notwithstanding paragraph (b) of this section, the Secretary may request 
any person to submit factual information at any time during a 
proceeding.
    (ii) In the Secretary's written request to an interested party for a 
response to a questionnaire or for other factual information, the 
Secretary will specify the following: the time limit for the response; 
the information to be provided; the form and manner in which the 
interested party must submit the information; and that failure to submit 
requested information in the requested form and manner by the date 
specified may result in use of the facts available under section 776 of 
the Act and Sec.  351.308.
    (iii) Interested parties will have at least 30 days from the date of 
receipt to respond to the full initial questionnaire. The time limit for 
response to individual sections of the questionnaire, if the Secretary 
requests a separate response to such sections, may be less than the 30 
days allotted for response to the full questionnaire. The date of 
receipt will be seven days from the date on which the initial 
questionnaire was transmitted.
    (iv) A notification by an interested party, under section 782(c)(1) 
of the Act, of difficulties in submitting information in response to a 
questionnaire issued by the Secretary is to be submitted in writing 
within 14 days after the date of receipt of the initial questionnaire.

[[Page 243]]

    (v) A respondent interested party may request in writing that the 
Secretary conduct a questionnaire presentation. The Secretary may 
conduct a questionnaire presentation if the Secretary notifies the 
government of the affected country and that government does not object.
    (3) Submission of publicly available information to value factors 
under Sec.  351.408(c). Notwithstanding paragraph (b) of this section, 
interested parties may submit publicly available information to value 
factors under Sec.  351.408(c) within:
    (i) For a final determination in an antidumping investigation, 40 
days after the date of publication of the preliminary determination;
    (ii) For the final results of an administrative review, new shipper 
review, or changed circumstances review, 20 days after the date of 
publication of the preliminary results of review; and
    (iii) For the final results of an expedited antidumping review, a 
date specified by the Secretary.
    (d) Time limits for certain allegations--(1) Market viability and 
the basis for determining a price-based normal value. In an antidumping 
investigation or administrative review, allegations regarding market 
viability, including the exceptions in Sec.  351.404(c)(2), are due, 
with all supporting factual information, within 40 days after the date 
on which the initial questionnaire was transmitted, unless the Secretary 
alters this time limit.
    (2) Sales at prices below the cost of production. An allegation of 
sales at prices below the cost of production made by the petitioner or 
other domestic interested party is due within:
    (i) In an antidumping investigation,
    (A) On a country-wide basis, 20 days after the date on which the 
initial questionnaire was transmitted to any person, unless the 
Secretary alters this time limit; or
    (B) On a company-specific basis, 20 days after a respondent 
interested party files the response to the relevant section of the 
questionnaire, unless the relevant questionnaire response is, in the 
Secretary's view, incomplete, in which case the Secretary will determine 
the time limit;
    (ii) In an administrative review, new shipper review, or changed 
circumstances review, on a company-specific basis, 20 days after a 
respondent interested party files the response to the relevant section 
of the questionnaire, unless the relevant questionnaire response is, in 
the Secretary's view, incomplete, in which case the Secretary will 
determine the time limit; or
    (iii) In an expedited antidumping review, on a company-specific 
basis, 10 days after the date of publication of the notice of initiation 
of the review.
    (3) Purchases of major inputs from an affiliated party at prices 
below the affiliated party's cost of production. An allegation of 
purchases of major inputs from an affiliated party at prices below the 
affiliated party's cost of production made by the petitioner or other 
domestic interested party is due within 20 days after a respondent 
interested party files the response to the relevant section of the 
questionnaire, unless the relevant questionnaire response is, in the 
Secretary's view, incomplete, in which case the Secretary will determine 
the time limits.
    (4) Countervailable subsidy; upstream subsidy--(i) In general. A 
counter[chyph]vailable subsidy allegation made by the petitioner or 
other domestic interested party is due no later than:
    (A) In a countervailing duty investigation, 40 days before the 
scheduled date of the preliminary determination; or
    (B) In an administrative review, new shipper review, or changed 
circumstances review, 20 days after all responses to the initial 
questionnaire are filed with the Department, unless the Secretary alters 
this time limit.
    (ii) Exception for upstream subsidy allegation in an investigation. 
In a countervailing duty investigation, an allegation of upstream 
subsidies made by the petitioner or other domestic interested party is 
due no later than:
    (A) 10 days before the scheduled date of the preliminary 
determination; or
    (B) 15 days before the scheduled date of the final determination.
    (5) Targeted dumping. In an antidumping investigation, an allegation 
of targeted dumping made by the petitioner or other domestic interested

[[Page 244]]

party under Sec.  351.414(f)(3) is due no later than 30 days before the 
scheduled date of the preliminary determination.
    (6) Green light and Green box claims. (i) In general. A claim that a 
particular subsidy or subsidy program should be accorded non-
countervailable status under section 771(5B),(C), or (D) of the Act 
(``green light subsidies'') or under section 771(5B)(F) of the Act 
(``green box subsidies'' must be made by the competent government with 
the full participation of the government authority responsible for 
funding and/or administering the program. Such claims are due no later 
than:
    (i) In a countervailing duty investigation, 40 days before the 
scheduled date of the preliminary determination, or
    (ii) In an administrative review, new shipper review, or changed 
circumstance review, 20 days afer all responses to the initial 
questionnaires are filed with the Department, unless the Secretary 
alters this time limit.
    (7) Investigation of notified subsidies. If the Secretary determines 
that there is insufficient evidence to demonstrate that an alleged 
subsidy or subsidy program has been notified under Article 8.3 of the 
WTO Subsidies and Countervailing Measures Agreement, the alleged subsidy 
or subsidy program will be included in the countervailing duty 
investigation or administrative, new shipper, or changed circumstance 
review. If the government authority claiming green light status 
establishes to the Secretary's satisfaction that the alleged subsidy or 
subsidy program has been notified, the Secretary will terminate the 
investigation of the notified subsidy.

[62 FR 27379, May 19, 1997, as amended at 63 FR 65417, Nov. 25, 1998]