[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: 19CFR357.101]

[Page 323]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 357--SHORT SUPPLY PROCEDURES--Table of Contents
 
Sec.  357.101  Definitions.

    (a) Arrangement means an arrangement between the United States 
Government and a foreign government whereby the foreign government 
agrees to restrain voluntarily certain steel exports to, or destined for 
consumption in, the United States for the period of October 1, 1989, 
through March 31, 1992.
    (b) Aberration means a domestic price which is out of the ordinary 
and present course of normal pricing trends.
    (c) Interested party means (1) A U.S. producer or consumer of the 
product; (2) a U.S. importer/distributor of the product; or (3) a 
foreign producer of the product (through its government, if such 
government is a party to the arrangement under which a short supply 
allowance is requested).
    (d) Prevailing domestic market prices means current prices in the 
United States market for domestically produced and imported product, as 
reflected in actual purchases and sales (but does not include import 
prices which the Secretary decides are likely to be significantly 
affected by dumping or subsidy practices).
    (e) The product means the steel product for which a short supply 
allowance is requested or material that possesses the same physical and 
mechanical characteristics, and which can be used for the same 
applications without imposing any significant retooling costs on the 
consumer.
    (f) The Secretary means the Secretary of Commerce and the person to 
whom the authority to make the short supply determination has been 
delegated (the Assistant Secretary for Import Administration) or the 
person making a final recommendation for decision to that person (the 
Deputy Assistant Secretary for Compliance.)
    (g) Short supply exists for a product when there is not a sufficient 
supply of that product available to meet market demand in the United 
States. In determining whether short supply exists, the Secretary will 
not consider one factor alone to be dispositive, but will consider all 
relevant factors, including:
    (1) To the extent information is available, the recent levels of 
capacity utilization for domestic facilities producing the product or 
product sector;
    (2) The quantity of additional imports of the product requested by 
the petitioner and the ability of domestic producers to supply the 
product in such quantity;
    (3) The willingness of the producers of the product to supply the 
product at a price that is not an aberration from prevailing domestic 
market prices;
    (4) Reasonable specifications requested by the purchaser or any end 
user, such as metallurgical, dimensional, quality, service requirements, 
and supply only by a qualified supplier if such qualification is 
required by the purchaser's customers, and
    (5) Delivery times to the purchaser and to end users of the product.
    (h) A short supply allowance means an authorization to import into 
the United States a quantity of the product in excess of the aggregate 
quantitative import limitation under an arrangement.