[Code of Federal Regulations] [Title 19, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 19CFR351.101] [Page 191-193] TITLE 19--CUSTOMS DUTIES DEPARTMENT OF COMMERCE PART 351_ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents Subpart A_Scope and Definitions Sec. 351.101 Scope. Subpart A_Scope and Definitions Sec. 351.101 Scope. 351.102 Definitions. 351.103 Central Records Unit and Administrative Protective Order Unit. 351.104 Record of proceedings. 351.105 Public, business proprietary, privileged, and classified information. 351.106 De minimis net countervailable subsidies and weighted-average dumping margins disregarded. 351.107 Cash deposit rates for nonproducing exporters; rates in antidumping proceedings involving a nonmarket economy country. Subpart B_Antidumping and Countervailing Duty Procedures 351.201 Self-initiation. 351.202 Petition requirements. 351.203 Determination of sufficiency of petition. 351.204 Time periods and persons examined; voluntary respondents; exclusions. 351.205 Preliminary determination. 351.206 Critical circumstances. 351.207 Termination of investigation. 351.208 Suspension of investigation. 351.209 Violation of suspension agreement. 351.210 Final determination. 351.211 Antidumping order and countervailing duty order. 351.212 Assessment of antidumping and countervailing duties; provisional measures deposit cap; interest on certain overpayments and underpayments 351.213 Administrative review of orders and suspension agreements under section 751(a)(1) of the Act. 351.214 New shipper reviews under section 751(a)(2)(B) of the Act. 351.215 Expedited antidumping review and security in lieu of estimated duty under section 736(c) of the Act. 351.216 Changed circumstances review under section 751(b) of the Act. 351.217 Reviews to implement results of subsidies enforcement proceeding under section 751(g) of the Act. 351.218 Sunset reviews under section 751(c) of the Act. 351.219 Reviews of countervailing duty orders in connection with an investigation under section 753 of the Act. 351.220 Countervailing duty review at the direction of the President under section 762 of the Act. 351.221 Review procedures. 351.222 Revocation of orders; termination of suspended investigations. 351.223 Procedures for initiation of downstream product monitoring. 351.224 Disclosure of calculations and procedures for the correction of ministerial errors. 351.225 Scope rulings. Subpart C_Information and Argument 351.301 Time limits for submission of factual information. 351.302 Extension of time limits; return of untimely filed or unsolicited material. 351.303 Filing, format, translation, service, and certification of documents. 351.304 Establishing business proprietary treatment of information. 351.305 Access to business proprietary information. 351.306 Use of business proprietary information. 351.307 Verification of information. 351.308 Determinations on the basis of the facts available. 351.309 Written argument. 351.310 Hearings. 351.311 Countervailable subsidy practice discovered during investigation or review. 351.312 Industrial users and consumer organizations. Subpart D_Calculation of Export Price, Constructed Export Price, Fair Value, and Normal Value 351.401 In general. 351.402 Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties. 351.403 Sales used in calculating normal value; transactions between affiliated parties. 351.404 Selection of the market to be used as the basis for normal value. 351.405 Calculation of normal value based on constructed value. 351.406 Calculation of normal value if sales are made at less than cost of production. 351.407 Calculation of constructed value and cost of production. 351.408 Calculation of normal value of merchandise from nonmarket economy countries. 351.409 Differences in quantities. 351.410 Differences in circumstances of sale. 351.411 Differences in physical characteristics. 351.412 Levels of trade; adjustment for difference in level of trade; constructed export price offset. 351.413 Disregarding insignificant adjustments. 351.414 Comparison of normal value with export price (constructed export price). 351.415 Conversion of currency. [[Page 192]] Subpart E_Identification and Measurement of Countervailable Subsidies 351.501 Scope. 351.502 Specificity of domestic subsidies. 351.503 Benefit. 351.504 Grants. 351.505 Loans. 351.506 Loan guarantees. 351.507 Equity. 351.508 Debt forgiveness. 351.509 Direct taxes. 351.510 Indirect taxes and import charges (other than export programs). 351.511 Provision of goods or services. 351.512 Purchase of goods. [Reserved] 351.513 Worker-related subsidies. 351.514 Export subsidies. 351.515 Internal transport and freight charges for export shipments. 351.516 Price preferences for inputs used in the production of goods for export. 351.517 Exemption or remission upon export of indirect taxes. 351.518 Exemption, remission, or deferral upon export of prior-stage cumulative indirect taxes. 351.519 Remission or drawback of import charges upon export. 351.520 Export insurance. 351.521 Import substitution subsidies. [Reserved] 351.522 Green light and green box subsidies. 351.523 Upstream subsidies. 351.524 Allocation of benefit to a particular time period. 351.525 Calculation of ad valorem subsidy rate and attribution of subsidy to a product. 351.526 Program-wide changes. 351.527 Transnational subsidies. Subpart F_Subsidy Determinations Regarding Cheese Subject to an In-Quota Rate of Duty 351.601 Annual list and quarterly update of subsidies. 351.602 Determination upon request. 351.603 Complaint of price-undercutting by subsidized imports. 351.604 Access to information. Subpart G_Applicability Dates 351.701 Applicability dates. 351.702 Applicability dates for countervailing duty regulations. Annex I to Part 351--Deadlines for Parties in Countervailing Investigations Annex II to Part 351--Deadlines for Parties in Countervailing Administrative Reviews Annex III to Part 351--Deadlines for Parties in Antidumping Investigations Annex IV to Part 351--Deadlines for Parties in Antidumping Administrative Reviews Annex V to Part 351--Comparison of Prior and New Regulations Annex VI to Part 351--Countervailing Investigations Timeline Annex VII to Part 351--Antidumping Investigations Timeline Annex VIII-A to Part 351--Schedule for 90-Day Sunset Reviews Annex VIII-B to Part 351--Schedule for Expedited Sunset Reviews Annex VIII-C to Part 351--Schedule for Full Sunset Reviews Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et seq.; and 19 U.S.C. 3538. Source: 62 FR 27379, May 19, 1997, unless otherwise noted. (a) In general. This part contains procedures and rules applicable to antidumping and countervailing duty proceedings under title VII of the Act (19 U.S.C. 1671 et seq.), and also determinations regarding cheese subject to an in-quota rate of duty under section 702 of the Trade Agreements Act of 1979 (19 U.S.C. 1202 note). This part reflects statutory amendments made by titles I, II, and IV of the Uruguay Round Agreements Act, Pub. L. 103-465, which, in turn, implement into United States law the provisions of the following agreements annexed to the Agreement Establishing the World Trade Organization: Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994; Agreement on Subsidies and Countervailing Measures; and Agreement on Agriculture. (b) Countervailing duty investigations involving imports not entitled to a material injury determination. Under section 701(c) of the Act, certain provisions of the Act do not apply to countervailing duty proceedings involving imports from a country that is not a Subsidies Agreement country and is not entitled to a material injury determination by the Commission. Accordingly, certain provisions of this part referring to the Commission may not apply to such proceedings. (c) Application to governmental importations. To the extent authorized by [[Page 193]] section 771(20) of the Act, merchandise imported by, or for the use of, a department or agency of the United States Government is subject to the imposition of countervailing duties or antidumping duties under this part.