[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: 19CFR351.213]

[Page 216-219]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351_ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
        Subpart B_Antidumping and Countervailing Duty Procedures
 
Sec. 351.213  Administrative review of orders and suspension agreements 
under section 751(a)(1) of the Act.

    (a) Introduction. As noted in Sec. 351.212(a), the United States 
has a ``retrospective'' assessment system under which final liability 
for antidumping and countervailing duties is determined after 
merchandise is imported. Although duty liability may be determined in 
the context of other types of reviews, the most frequently used 
procedure for determining final duty liability is the administrative 
review procedure under section 751(a)(1) of the Act. This section 
contains rules regarding requests for administrative reviews and the 
conduct of such reviews.
    (b) Request for administrative review. (1) Each year during the 
anniversary month of the publication of an antidumping or countervailing 
duty order, a domestic interested party or an interested party described 
in section 771(9)(B) of the Act (foreign government) may request in 
writing that the Secretary conduct an administrative review under 
section 751(a)(1) of the

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Act of specified individual exporters or producers covered by an order 
(except for a countervailing duty order in which the investigation or 
prior administrative review was conducted on an aggregate basis), if the 
requesting person states why the person desires the Secretary to review 
those particular exporters or producers.
    (2) During the same month, an exporter or producer covered by an 
order (except for a countervailing duty order in which the investigation 
or prior administrative review was conducted on an aggregate basis) may 
request in writing that the Secretary conduct an administrative review 
of only that person.
    (3) During the same month, an importer of the merchandise may 
request in writing that the Secretary conduct an administrative review 
of only an exporter or producer (except for a countervailing duty order 
in which the investigation or prior administrative review was conducted 
on an aggregate basis) of the subject merchandise imported by that 
importer.
    (4) Each year during the anniversary month of the publication of a 
suspension of investigation, an interested party may request in writing 
that the Secretary conduct an administrative review of all producers or 
exporters covered by an agreement on which the suspension of 
investigation was based.
    (c) Deferral of administrative review--(1) In general. The Secretary 
may defer the initiation of an administrative review, in whole or in 
part, for one year if:
    (i) The request for administrative review is accompanied by a 
request that the Secretary defer the review, in whole or in part; and
    (ii) None of the following persons objects to the deferral: the 
exporter or producer for which deferral is requested, an importer of 
subject merchandise of that exporter or producer, a domestic interested 
party and, in a countervailing duty proceeding, the foreign government.
    (2) Timeliness of objection to deferral. An objection to a deferral 
of the initiation of administrative review under paragraph (c)(1)(ii) of 
this section must be submitted within 15 days after the end of the 
anniversary month in which the administrative review is requested.
    (3) Procedures and deadlines. If the Secretary defers the initiation 
of an administrative review, the Secretary will publish notice of the 
deferral in the Federal Register. The Secretary will initiate the 
administrative review in the month immediately following the next 
anniversary month, and the deadline for issuing preliminary results of 
review (see paragraph (h)(1) of this section) and submitting factual 
information (see Sec. 351.302(b)(2)) will run from the last day of the 
next anniversary month.
    (d) Rescission of administrative review--(1) Withdrawal of request 
for review. The Secretary will rescind an administrative review under 
this section, in whole or in part, if a party that requested a review 
withdraws the request within 90 days of the date of publication of 
notice of initiation of the requested review. The Secretary may extend 
this time limit if the Secretary decides that it is reasonable to do so.
    (2) Self-initiated review. The Secretary may rescind an 
administrative review that was self-initiated by the Secretary.
    (3) No shipments. The Secretary may rescind an administrative 
review, in whole or only with respect to a particular exporter or 
producer, if the Secretary concludes that, during the period covered by 
the review, there were no entries, exports, or sales of the subject 
merchandise, as the case may be.
    (4) Notice of rescission. If the Secretary rescinds an 
administrative review (in whole or in part), the Secretary will publish 
in the Federal Register notice of ``Rescission of Antidumping 
(Countervailing Duty) Administrative Review'' or, if appropriate, 
``Partial Rescission of Antidumping (Countervailing Duty) Administrative 
Review.''
    (e) Period of review--(1) Antidumping proceedings. (i) Except as 
provided in paragraph (e)(1)(ii) of this section, an administrative 
review under this section normally will cover, as appropriate, entries, 
exports, or sales of the subject merchandise during the 12 months 
immediately preceding the most recent anniversary month.

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    (ii) For requests received during the first anniversary month after 
publication of an order or suspension of investigation, an 
administrative review under this section will cover, as appropriate, 
entries, exports, or sales during the period from the date of suspension 
of liquidation under this part or suspension of investigation to the end 
of the month immediately preceding the first anniversary month.
    (2) Countervailing duty proceedings. (i) Except as provided in 
paragraph (e)(2)(ii) of this section, an administrative review under 
this section normally will cover entries or exports of the subject 
merchandise during the most recently completed calendar year. If the 
review is conducted on an aggregate basis, the Secretary normally will 
cover entries or exports of the subject merchandise during the most 
recently completed fiscal year for the government in question.
    (ii) For requests received during the first anniversary month after 
publication of an order or suspension of investigation, an 
administrative review under this section will cover entries or exports, 
as appropriate, during the period from the date of suspension of 
liquidation under this part or suspension of investigation to the end of 
the most recently completed calendar or fiscal year as described in 
paragraph (e)(2)(i) of this section.
    (f) Voluntary respondents. In an administrative review, the 
Secretary will examine voluntary respondents in accordance with section 
782(a) of the Act and Sec. 351.204(d).
    (g) Procedures. The Secretary will conduct an administrative review 
under this section in accordance with Sec. 351.221.
    (h) Time limits--(1) In general. The Secretary will issue 
preliminary results of review (see Sec. 351.221(b)(4)) within 245 days 
after the last day of the anniversary month of the order or suspension 
agreement for which the administrative review was requested, and final 
results of review (see Sec. 351.221(b)(5)) within 120 days after the 
date on which notice of the preliminary results was published in the 
Federal Register.
    (2) Exception. If the Secretary determines that it is not 
practicable to complete the review within the time specified in 
paragraph (h)(1) of this section, the Secretary may extend the 245-day 
period to 365 days and may extend the 120-day period to 180 days. If the 
Secretary does not extend the time for issuing preliminary results, the 
Secretary may extend the time for issuing final results from 120 days to 
300 days.
    (i) Possible cancellation or revision of suspension agreement. If 
during an administrative review the Secretary determines or has reason 
to believe that a signatory has violated a suspension agreement or that 
the agreement no longer meets the requirements of section 704 or section 
734 of the Act (whichever is applicable), the Secretary will take 
appropriate action under section 704(i) or section 734(i) of the Act and 
Sec. 351.209. The Secretary may suspend the time limit in paragraph (h) 
of this section while taking action under Sec. 351.209.
    (j) Absorption of antidumping duties. (1) During any administrative 
review covering all or part of a period falling between the first and 
second or third and fourth anniversary of the publication of an 
antidumping order under Sec. 351.211, or a determination under Sec. 
351.218(d) (sunset review), the Secretary, if requested by a domestic 
interested party within 30 days of the date of publication of the notice 
of initiation of the review, will determine whether antidumping duties 
have been absorbed by an exporter or producer subject to the review if 
the subject merchandise is sold in the United States through an importer 
that is affiliated with such exporter or producer. The request must 
include the name(s) of the exporter or producer for which the inquiry is 
requested.
    (2) For transition orders defined in section 751(c)(6) of the Act, 
the Secretary will apply paragraph (j)(1) of this section to any 
administrative review initiated in 1996 or 1998.
    (3) In determining under paragraph (j)(1) of this section whether 
antidumping duties have been absorbed, the Secretary will examine the 
antidumping duties calculated in the administrative review in which the 
absorption inquiry is requested.

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    (4) The Secretary will notify the Commission of the Secretary's 
determination if:
    (i) In the case of an administrative review other than one to which 
paragraph (j)(2) of this section applies, the administrative review 
covers all or part of a time period falling between the third and fourth 
anniversary month of an order; or
    (ii) In the case of an administrative review to which paragraph 
(j)(2) of this section applies, the Secretary initiated the 
administrative review in 1998.
    (k) Administrative reviews of countervailing duty orders conducted 
on an aggregate basis--(1) Request for zero rate. Where the Secretary 
conducts an administrative review of a countervailing duty on an 
aggregate basis under section 777A(e)(2)(B) of the Act, the Secretary 
will consider and review requests for individual assessment and cash 
deposit rates of zero to the extent practicable. An exporter or producer 
that desires a zero rate must submit:
    (i) A certification by the exporter or producer that it received 
zero or de minimis net countervailable subsidies during the period of 
review;
    (ii) If the exporter or producer received a countervailable subsidy, 
calculations demonstrating that the amount of net countervailable 
subsidies received was de minimis during the period of review;
    (iii) If the exporter is not the producer of the subject 
merchandise, certifications from the suppliers and producers of the 
subject merchandise that those persons received zero or de minimis net 
countervailable subsidies during the period of the review; and
    (iv) A certification from the government of the affected country 
that the government did not provide the exporter (or the exporter's 
supplier) or producer with more than de minimis net countervailable 
subsidies during the period of review.
    (2) Application of country-wide subsidy rate. With the exception of 
assessment and cash deposit rates of zero determined under paragraph 
(k)(1) of this section, if, in the final results of an administrative 
review under this section of a countervailing duty order, the Secretary 
calculates a single country-wide subsidy rate under section 
777A(e)(2)(B) of the Act, that rate will supersede, for cash deposit 
purposes, all rates previously determined in the countervailing duty 
proceeding in question.
    (l) Exception from assessment in regional industry cases. For 
procedures relating to a request for the exception from the assessment 
of antidumping or countervailing duties in a regional industry case, see 
Sec. 351.212(f).