[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: 19CFR351.309]

[Page 252]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                   Subpart C--Information and Argument
 
Sec.  351.309  Written argument.

    (a) Introduction. Written argument may be submitted during the 
course of an antidumping or countervailing duty proceeding. This section 
sets forth the time limits for submission of case and rebuttal briefs 
and provides guidance on what should be contained in these documents.
    (b) Written argument--(1) In general. In making the final 
determination in a countervailing duty investigation or antidumping 
investigation or the final results of an administrative review, new 
shipper review, expedited antidumping review, section 753 review, or 
section 762 review, the Secretary will consider written arguments in 
case or rebuttal briefs filed within the time limits in this section.
    (2) Written argument on request. Notwithstanding paragraph (b)(1) of 
this section, the Secretary may request written argument on any issue 
from any person or U.S. Government agency at any time during a 
proceeding.
    (c) Case brief. (1) Any interested party or U.S. Government agency 
may submit a ``case brief'' within:
    (i) For a final determination in a countervailing duty investigation 
or antidumping investigation, or for the final results of a full sunset 
review, 50 days after the date of publication of the preliminary 
determination or results of review, as applicable, unless the Secretary 
alters the time limit;
    (ii) For the final results of an administrative review, new shipper 
review, changed circumstances review, or section 762 review, 30 days 
after the date of publication of the preliminary results of review, 
unless the Secretary alters the time limit; or
    (iii) 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.
    (2) The case brief must present all arguments that continue in the 
submitter's view to be relevant to the Secretary's final determination 
or final results, including any arguments presented before the date of 
publication of the preliminary determination or preliminary results. As 
part of the case brief, parties are encouraged to provide a summary of 
the arguments not to exceed five pages and a table of statutes, 
regulations, and cases cited.
    (d) Rebuttal brief. (1) Any interested party or U.S. Government 
agency may submit a ``rebuttal brief'' within five days after the time 
limit for filing the case brief, unless the Secretary alters this time 
limit.
    (2) The rebuttal brief may respond only to arguments raised in case 
briefs and should identify the arguments to which it is responding. As 
part of the rebuttal brief, parties are encouraged to provide a summary 
of the arguments not to exceed five pages and a table of statutes, 
regulations, and cases cited.
    (e) Comments on adequacy of response and appropriateness of 
expedited sunset review--(i) In general. Where the Secretary determines 
that respondent interested parties provided inadequate response to a 
Notice of Initiation (see Sec.  351.218(e)(1)(ii)) and has notified the 
International Trade Commission as such under Sec.  351.218(e)(1)(ii)(C), 
interested parties (and industrial users and consumer organizations) 
that submitted a complete substantive response to the Notice of 
Initiation under Sec.  351.218(d)(3) may file comments on whether an 
expedited sunset review under section 751(c)(3)(B) of the Act and Sec.  
351.218(e)(1)(ii)(B) or 351.218(e)(1)(ii)(C) is appropriate based on the 
adequacy of responses to the notice of initiation. These comments may 
not include any new factual information or evidence (such as 
supplementation of a substantive response to the notice of initiation) 
and are limited to five pages.
    (ii) Time limit for filing comments. Comments on adequacy of 
response and appropriateness of expedited sunset review must be filed 
not later than 70 days after the date publication in the Federal 
Register of the notice of initiation.

[62 FR 27379, May 19, 1997, as amended at 63 FR 13524, Mar. 20, 1998]

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