[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR159.63]



[Page 238-240]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 159_LIQUIDATION OF DUTIES--Table of Contents

 

             Subpart F_Continued Dumping and Subsidy Offset

 

Sec.  159.63  Certifications.



    (a) Requirement and purpose for certification. In order to obtain a 

distribution of the offset, each affected domestic producer must submit 

a certification, in triplicate, or electronically as authorized by 

Customs, to the Assistant Commissioner, Office of Regulations and 

Rulings, Headquarters, or designee, that must be received within 60 days 

after the date of publication of the notice in the Federal Register, 

indicating that the affected domestic producer desires to receive a 

distribution. The certification must enumerate the qualifying 

expenditures incurred by the domestic producer since the issuance of an 

order or finding for which a distribution has not previously been made, 

and it must demonstrate that the domestic producer is eligible to 

receive a distribution as an affected domestic producer.

    (b) Content of certification. While there is no established format 

for a certification, the certification must identify the date of the 

Federal Register notice under which it is submitted, and the case name 

and the number of the particular order or finding cited in the Federal 

Register notice. The certification must be executed and dated by a party 

legally authorized to bind the domestic producer. The certification must 

also state that the information contained in the certification is true 

and accurate to the best of the certifier's knowledge and belief under 

penalty of law, and that the domestic producer has records to support 

the qualifying expenditures being claimed.

    (1) Identifying information for domestic producer. The certification 

must include the following identifying information related to the 

domestic producer:

    (i) The name of the domestic producer and any name qualifier, if 

applicable (for example, any other name under which the domestic 

producer does business or is also known);

    (ii) The address of the domestic producer (if a post office box, the 

secondary street address must also be included);

    (iii) The Internal Revenue Service (IRS) number (with suffix) of the 

domestic producer, employer identification number, or social security 

number, as applicable;

    (iv) The specific business organization of the domestic producer 

(corporation, partnership, sole proprietorship); and

    (v) The name(s) of any individual(s) designated by the domestic 

producer as the contact person(s) concerning the certification, together 

with the phone number(s) and/or facsimile transmission number(s) and 

electronic mail (email) address(es) for the person(s).

    (2) Amount of claim. In calculating the amount of the distribution 

being claimed as an offset, the certification must enumerate the 

following:

    (i) The total amount of qualifying expenditures currently and 

previously certified by the domestic producer, and the amount certified 

by category (see Sec.  159.61(c)(1) through (c)(10));



[[Page 239]]



    (ii) The total amount of those expenditures which have been the 

subject of any prior distribution under section 754, Tariff Act of 1930, 

as amended (19 U.S.C. 1675c); and

    (iii) The net amount for new and remaining qualifying expenditures 

being claimed in the current certification (the total amount currently 

and previously certified as noted in paragraph (b)(2)(i) of this section 

minus the total amount the subject of any prior distribution as noted in 

paragraph (b)(2)(ii) of this section).

    (3) Statement of eligibility to receive distribution. The 

certification must contain a statement that the domestic producer 

desires to receive a distribution and is eligible to receive the 

distribution as an affected domestic producer (see Sec.  159.61(b)(1) 

and (b)(2)).

    (i) Amount certified for payment. The affected domestic producer 

must affirm that the net amount certified for distribution does not 

encompass any qualifying expenditures for which distribution has 

previously been made (see paragraphs (b)(2)(ii) and (b)(2)(iii) of this 

section).

    (ii) Same qualifying expenditures included on more than one 

certification. Where the domestic producer is listed as an affected 

domestic producer on more than one order or finding covering the same 

product and files a separate certification for each order or finding 

using the same qualifying expenditures as the basis for distribution in 

each case, each certification must list all the other orders or findings 

where the producer is claiming the same qualifying expenditures.

    (iii) Continued production of product covered by order or finding; 

acquisition by related company. The statement must include information 

as to whether the domestic producer remains in operation and continues 

to produce the product covered by the particular order or finding under 

which the distribution is sought (see Sec.  159.61(b)(2)(i)). In 

addition, the domestic producer must state whether it has been acquired 

by a company or business that is related to a company, within the 

meaning of Sec.  159.61(b)(2)(ii)(A)(1) through (3), that opposed the 

antidumping or countervailing duty investigation that resulted in the 

order or finding under which the distribution is sought.

    (c) Review and correction of certification. A certification that is 

submitted in response to a notice of distribution and received within 60 

days after the date of publication of the notice in the Federal Register 

may be reviewed before acceptance to ensure that all informational 

requirements are complied with and that any amounts set forth in the 

certification for current and prior qualifying expenditures, including 

the amount claimed for distribution, appear to be correct (see paragraph 

(b)(2) of this section). A certification that is found to be materially 

incorrect or incomplete will be returned to the domestic producer within 

15 days after the close of the 60-day filing period. Within 10 days of 

the date that Customs returns a certification as being materially 

incorrect or incomplete, Customs must receive a corrected certification 

from the affected domestic producer. Customs will make every effort to 

assist companies to perfect their certifications and will not return 

claims for minor errors or omissions. However, it remains the sole 

responsibility of the domestic producer to ensure that the certification 

is correct, complete and satisfactory so as to demonstrate the 

entitlement of the domestic producer to the distribution requested. 

Failure to ensure that the certification is correct, complete and 

satisfactory as provided in this paragraph will result in the domestic 

producer not receiving a distribution.

    (d) Verification of certification; supporting records. 

Certifications are subject to verification. Parties, therefore, are 

required to maintain the accounting records used in developing their 

claims, for a period of five years after the filing of the 

certification. The records supporting certifications must be those that 

are normally kept in the ordinary course of business (see Sec.  

163.1(a)(1) and (a)(2)(vi) of this chapter). Parties must be able to 

demonstrate that their records specifically support each qualifying 

expenditure enumerated in a certification. In addition, the claimant 

must be able to support how qualifying expenditures are



[[Page 240]]



determined to be related to the production of the product covered by the 

order or finding.

    (e) Disclosure of information in certifications; acceptance by 

producer. The name of the affected domestic producer, the total dollar 

amount claimed by that party on the certification, as well as the total 

dollar amount that Customs actually disburses to that company as an 

offset, will be available for disclosure to the public (see Sec.  

159.64(g)(1)). The submission of the certification will be construed as 

an understanding and acceptance on the part of the domestic producer 

that this information will be disclosed to the public. Alternatively, a 

statement in a certification that this information is proprietary and 

exempt from disclosure will result in Customs rejection of the 

certification.