[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13516-13526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 98-7165]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 980313063-8063-01]
RIN 0625-AA51


Procedures for Conducting Five-year (``Sunset'') Reviews of 
Antidumping and Countervailing Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Interim final rules; request for comments.

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SUMMARY: The Department of Commerce (``the Department'') hereby amends 
its regulations on antidumping and countervailing duty proceedings on 
an interim basis in order to implement certain provisions of the 
Uruguay Round Agreements Act (``URAA'').
    The regulations provide, in particular, for procedures for 
conducting five-year (``sunset'') reviews of antidumping and 
countervailing duty orders and suspended investigations pursuant to the 
provisions of sections 751(c) and 752 of the Tariff Act of 1930, as 
amended (``the Act'').

DATES: Interim final regulations effective March 20, 1998. To be 
assured of consideration, written comments must be received not later 
than April 20, 1998. Rebuttal comments must be received not later than 
May 11, 1998.

ADDRESSES: A signed original and six copies of each set of comments, 
including reasons for any recommendation, along with a cover letter 
identifying the commenter's name and address, should be submitted to 
Robert S. LaRussa, Assistant Secretary for Import Administration, 
Central Records Unit, Room 1870, U.S. Department of Commerce, 
Pennsylvania Avenue and 14th Street, NW, Washington, DC 20230; 
Attention: Sunset Procedural Regulations.

FOR FURTHER INFORMATION CONTACT: Melissa G. Skinner, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, at (202) 482-1560, or Stacy J. Ettinger, Office 
of the Chief Counsel for Import Administration, U.S. Department of 
Commerce, at (202) 482-4618.

SUPPLEMENTARY INFORMATION:

Background

    The Uruguay Round Agreements Act (``URAA'') fundamentally revised 
the Act by requiring that antidumping (``AD'') and countervailing duty 
(``CVD'') orders be revoked, and suspended investigations be 
terminated, after five years unless revocation would be likely to lead 
to a continuation or recurrence of (1) dumping or a countervailable 
subsidy, and (2) material injury to the domestic industry. The URAA 
assigns to the Department the responsibility of determining whether 
revocation of an antidumping or countervailing duty order, or 
termination of a suspended investigation, would be likely to lead to a 
continuation or recurrence of dumping or a countervailable subsidy, and 
of providing to the International Trade Commission the magnitude of the 
margin of dumping or the net countervailable subsidy that is likely to 
prevail if the order is revoked or the suspended investigation is 
terminated. The URAA requires that the Department begin initiating 
sunset reviews in July 1998, that all sunset reviews of ``transition 
orders''--those antidumping and countervailing duty orders and 
suspended investigations in effect on January 1, 1995, the effective 
date of the URAA--be initiated by December 31, 1999, and that all 
reviews of transition orders be completed by June 30, 2001. The URAA 
further requires that the Department initiate a sunset review of each 
order or suspended investigation that is not a ``transition order'' not 
later than 30 days before the fifth anniversary of publication of the 
order or suspension agreement in the Federal Register. Pursuant to 
section 751(c)(1) of the Act, initiation of sunset reviews is 
automatic. The Department intends to notify, in advance, all persons on 
the service list for each proceeding subject to a sunset review, of the 
approximate date of publication in the Federal Register of the 
automatic initiation of the sunset review.
    The interim regulations described below address the procedures for 
participation in, and conduct of, sunset reviews consistent with the 
statute and with the legislative history's commitment to provide 
further guidance on procedures. These regulations are effective on 
their date of publication in the Federal Register and apply to sunset 
reviews initiated on or after July 1, 1998. These rules will remain in 
effect until the Department adopts final regulations after considering 
comments in response to this notice of interim final rules.

Request for Comment

    The Department solicits comments pertaining to these interim final 
regulations concerning conduct of sunset reviews. Initial comments 
should be received by the Assistant Secretary not later than April 20, 
1998. Any rebuttals to the initial comments should be received by the 
Assistant Secretary not later than May 11, 1998. Commenters should file 
a signed original and six copies of each set of initial and rebuttal 
comments. All comments will be available for public inspection and 
photocopying in the Import Administration's Central Records Unit, Room 
B-099, between the hours of 8:30 am and 5:00 pm on business days.
    Each person submitting a comment should include the commenter's 
name and address, and give reasons for any recommendations. To 
facilitate their consideration by the Department, initial and rebuttal 
comments should be submitted in the following format: (1) Number each 
comment in accordance with the number of the regulation being 
addressed; (2) begin each comment on a separate page; (3) provide a 
brief summary of the comment (a maximum of three sentences) and label 
this section ``Summary of the Comment;'' and (4) concisely state the 
issue identified and discussed in the comment and provide reasons for 
any recommendation.
    To help simplify the processing and distribution of comments, the 
Department requests the submission of initial and rebuttal comments in 
electronic form to accompany the required paper copies. Comments filed 
in electronic form should be on a DOS formatted 3.5'' diskette in 
either WordPerfect format or a format that the WordPerfect program can 
convert and import into WordPerfect. Please make each comment a 
separate file on the diskette and name each separate file using the 
number of the regulation being addressed in the comment.
    Comments received on diskette will be made available to the public 
on the Internet at the following address: ``http://www.ita.doc.gov/
import__admin/

[[Page 13517]]

records/''. In addition, upon request, the Department will make 
comments filed in electronic form available to the public on 3.5'' 
diskettes (at cost), with specific instructions for accessing 
compressed data (if necessary). Any questions concerning file 
formatting, document conversion, access on the Internet, or other 
electronic filing issues should be addressed to Andrew Lee Beller, IA 
Webmaster, (202) 482-0866.

Classification

Administrative Procedure Act

    Pursuant to authority at 5 U.S.C. 553(b)(A), the Assistant 
Secretary for Import Administration waives the requirement to provide 
prior notice and an opportunity for public comment because this action 
is a rule of agency procedure. Section 751(c) and section 752 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1675(c) and 1675a), and the 
Statement of Administrative Action (``SAA'') accompanying the Uruguay 
Round Agreements Act (H.R. Doc. No. 103-316, vol. 1 (1994)) address the 
substantive methodological and analytical framework for sunset reviews, 
as well as procedures for conducting sunset reviews. This action only 
addresses the procedures for participation in, and conduct of, sunset 
reviews consistent with the statute and with the SAA's commitment to 
provide further guidance on procedures. This interim final rule is not 
subject to a 30-day delay in its effectiveness under 5 U.S.C. 553(d) as 
it is not a substantive rule. The analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601 note) are inapplicable to this 
rulemaking because it is not one for which a Notice of Proposed 
Rulemaking is required under 5 U.S.C. 553 or any other statute.

Paperwork Reduction Act

    This interim final rule contains no new collection of information 
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

Executive Order 12866

    This interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.

Executive Order 12612

    This interim final rule does not contain federalism implications 
described in Executive Order 12612 warranting the preparation of a 
Federalism Assessment.

Explanation of Particular Provisions

Subpart A--Scope and Definitions

    Subpart A sets forth the scope of part 351, definitions, and other 
general matters applicable to AD/CVD proceedings.

Section 351.102

    Section 351.102 sets forth definitions of terms that are used 
throughout part 351. Most of the terms used in the new sunset 
regulations have been defined previously in the statute or regulations, 
and parties should refer to the relevant provisions for guidance. 
However, we added two new definitions.
    Expedited sunset review is used in these regulations as a shorthand 
expression for the 120-day expedited sunset review conducted by the 
Department under section 751(c)(3)(B) of the Act. The Department will 
conduct an expedited sunset review when respondent interested parties 
provide inadequate responses to a Notice of Initiation under new 
Sec. 351.218(e)(1)(ii).
    Full sunset review is used in these regulations as a shorthand 
expression for the 240-day (or 330-day if fully extended) full sunset 
review conducted by the Department under section 751(c)(5) of the Act. 
The Department will conduct a full sunset review when both domestic 
interested parties and respondent interested parties provide adequate 
responses to a Notice of Initiation under section 751(c)(3)(B) of the 
Act and new Secs. 351.218(e)(1)(i) and 351.218(e)(1)(ii).

Section 351.104

    Section 351.104 defines what constitutes the official and public 
records of an AD/CVD proceeding.
    Administrative record of proceedings. Although no changes have been 
made to Sec. 351.104 by these regulations, in order to avoid any 
confusion that might arise from reporting and recordkeeping differences 
between the International Trade Commission and the Department with 
respect to grouped transition orders, we are clarifying that a sunset 
proceeding before the Department is subject merchandise- and country-
specific (i.e., order-specific). Therefore, consistent with 
Sec. 351.104(a)(1), the Department will maintain in the Central Records 
Unit an official record of each sunset review of an order or suspended 
investigation, and a party must file separate submissions, consistent 
with the filing requirements of Sec. 351.303, in each sunset review in 
which it participates.

Subpart B--Antidumping and Countervailing Duty Procedures

    Subpart B deals with AD/CVD procedures.

Section 351.218

    Section 351.218 deals with sunset reviews under section 751(c) of 
the Act. We removed paragraphs (d) and (e) and added new paragraphs 
(d), (e), and (f). These revisions are intended to streamline sunset 
reviews by providing guidance on participation in, and conduct of, 
sunset reviews. In addition, the Department believes that such guidance 
will allow both the Department and interested parties to begin 
preparing in advance, in particular, for the approximately 325 sunset 
reviews of transition orders scheduled to be initiated over an 18-month 
period beginning in July 1998.
    Participation in sunset review. Paragraph (d) is new and sets forth 
the procedural requirements for participation in, or waiver of 
participation in, a sunset review.
    Domestic interested party notification of intent to participate. 
Paragraph (d)(1) sets forth the procedure for domestic interested party 
participation in a sunset review. Paragraph (d)(1)(i) provides that a 
domestic interested party that intends to participate in a sunset 
review must file a Notice of Intent to Participate in a Sunset Review 
within 15 days of initiation of a sunset review. The requirement that 
domestic interested parties notify the Department of their intention to 
participate prior to the deadline for submission of substantive 
responses to both the Department and the International Trade Commission 
is intended to alleviate the burden on parties of having to prepare 
substantive responses in cases where there is no domestic party 
interest. This is because, where there is no domestic party interest in 
a particular case, the Department, pursuant to section 751(c)(3)(A) of 
the Act, automatically will revoke the order or terminate the suspended 
investigation, as applicable. The Notice of Intent procedure is 
intended to eliminate needless reviews and promote administrative 
efficiency, consistent with the explanation in the House Report (H.R. 
Rep. No. 103-826, pt. 1 (1994)) at 56. As set forth in paragraph 
(d)(1)(iii), therefore, where no domestic interested party files a 
Notice of Intent to Participate in the sunset review, the Department 
will issue a final determination revoking the order or terminating the 
suspended investigation within 90 days of initiation of the sunset 
review.
    Paragraph (d)(1)(ii) sets forth the information required to be 
provided in a Notice of Intent to Participate in a Sunset Review. It is 
the Department's intention to make the Notice of Intent procedure as 
simple as possible and, as

[[Page 13518]]

a result, the information required to be provided is minimal.
    Waiver of response by a respondent interested party to a Notice of 
Initiation. Paragraph (d)(2) deals with the procedure for waiving 
participation in a sunset review before the Department, consistent with 
section 751(c)(4) of the Act. As the SAA at 881, and the House Report 
at 57, explain, allowing respondent interested parties, including 
foreign governments, to waive participation in a sunset review before 
the Department is intended to reduce the burden on all parties involved 
in a sunset review.
    Paragraph (d)(2)(i) provides that a Statement of Waiver must be 
filed within 30 days of initiation of the sunset review, and, 
consistent with section 751(c)(4)(A) of the Act, clarifies that waiving 
participation in a sunset review before the Department does not affect 
a party's opportunity to participate in the sunset review conducted by 
the International Trade Commission.
    Paragraph (d)(2)(iii) clarifies that failure to file a complete 
substantive response to a Notice of Initiation under paragraph (d)(3) 
also will be treated as a waiver of participation. It is the 
Department's intention to make the waiver process as simple as possible 
and, as reflected in paragraph (d)(2)(ii), the information required to 
be provided in a Statement of Waiver is minimal.
    Paragraph (d)(2)(iv) indicates the effect of waiver by the foreign 
government in a CVD sunset review. Specifically, paragraph (d)(2)(iv) 
provides that where the foreign government waives participation in a 
CVD sunset review, either by filing a Statement of Waiver or by failing 
to file a complete substantive response to a Notice of Initiation, the 
Department will conduct an expedited sunset review under section 
751(c)(3)(B) of the Act and, consistent with the SAA at 881, and the 
House Report at 57, normally will conclude that revocation of the order 
or termination of the suspended investigation would be likely to lead 
to continuation or recurrence of a countervailable subsidy for all 
respondent interested parties.
    Substantive response to a Notice of Initiation. Section 751(c)(2) 
of the Act requires the Department to initiate sunset reviews 
automatically every five years. As part of the initiation, section 
751(c)(2) of the Act authorizes the Department to request that 
interested parties submit certain information needed to conduct the 
review. Paragraph (d)(3) indicates the information that interested 
parties are required to submit in response to the Notice of Initiation 
of a sunset review, as well as optional information that may be 
submitted in response to the Notice of Initiation.
    Paragraph (d)(3)(i) provides that a complete substantive response 
to a Notice of Initiation must be submitted to the Department within 30 
days of initiation of the sunset review.
    Paragraph (d)(3)(ii), consistent with section 751(c)(2) of the Act, 
indicates the information required to be filed by all interested 
parties in a sunset review, including a statement expressing the 
interested party's willingness to participate in the review by 
providing information requested by the Department, a statement 
regarding the likely effects of revocation of the order or termination 
of the suspended investigation, and, if applicable, a summary of the 
Department's findings regarding duty absorption.
    Paragraph (d)(3)(iii) indicates the additional information required 
to be filed by respondent interested parties in a sunset review, 
including historical margin or rate information and export volume and 
value data. In particular, respondent interested parties are required 
to report their percentage of the total exports of subject merchandise 
to the United States; this information will be central to the 
Department's determination as to whether respondent interested parties 
provided adequate response to a notice of initiation under section 
751(c)(3)(B) of the Act.
    Paragraph (d)(3)(iv) indicates that parties also may submit 
information to show good cause for the Department to consider other 
factors under sections 752(b)(2) (CVD) or 752(c)(2) (AD) of the Act. 
Paragraph (d)(3)(iv) clarifies, however, that, if an interested party 
wants the Department to consider these other factors during the course 
of the sunset review, the party must submit evidence of good cause in 
its substantive response.
    Substantive response from a foreign government in a CVD sunset 
review. Paragraph (d)(3)(v) indicates the information required to be 
filed by the foreign government in a CVD sunset review. This 
information is a subset of the information required to be filed by 
other respondent interested parties. However, where the sunset review 
involves a CVD order where the investigation was conducted on an 
aggregate basis, paragraph (d)(3)(v)(B) provides for additional 
information required to be filed by the foreign government. This 
additional information essentially is identical to the additional 
required information that normally would be filed by respondent 
companies. This is because, in an aggregate CVD proceeding, the foreign 
government normally is the only respondent.
    Substantive responses from industrial users and consumers. 
Paragraph (d)(3)(vi) indicates the information required to be filed by 
industrial users and representative consumer organizations that intend 
to participate in a sunset review.
    Rebuttal to substantive response to a Notice of Initiation. 
Paragraph (d)(4) allows parties that filed a substantive response to a 
Notice of Initiation to file rebuttals to other parties' substantive 
responses within five days. Paragraph (d)(4) also explicitly provides 
that the Department normally will not accept or consider any additional 
information from a party after the time for filing rebuttals has 
expired unless the Secretary requests additional information from 
parties after determining to proceed to a full sunset review.
    Conduct of sunset review. Paragraph (e) is new and deals with the 
conduct of sunset reviews, including the determination of whether 
interested party responses are adequate.
    Adequacy of response to a Notice of Initiation. The SAA at 880, 
provides that the determination of adequacy is committed to the 
Department's (and, separately, the International Trade Commission's) 
discretion. Paragraph (e)(1), therefore, sets forth the guidelines by 
which the Department will determine whether interested parties' 
substantive responses to a Notice of Initiation are adequate. Responses 
will be evaluated for adequacy on an individual basis, i.e., whether a 
party has timely submitted a complete substantive response to a Notice 
of Initiation. A complete substantive response is one which contains 
all of the information required under paragraph (d)(3). The Department 
may consider a substantive response that does not contain all of the 
information required under paragraph (d)(3) to be complete where a 
party is unable to report certain required information and provides a 
reasonable explanation as to why it is unable to provide such 
information. In addition, responses will be evaluated for adequacy on 
an aggregate basis. In assessing the adequacy of responses in the 
aggregate, the Department will consider only those responses that 
individually are considered adequate. The Department will determine 
separately the adequacy of responses of domestic interested parties and 
respondent interested parties. Consistent with the Senate Report at 46, 
the Department will make its determination of adequacy on a case-by-
case basis.

[[Page 13519]]

    Adequacy of response from domestic interested parties. Paragraph 
(e)(1)(i)(A) provides that the Department normally will conclude that 
domestic interested parties have provided adequate response where at 
least one domestic interested party files a complete substantive 
response. Paragraph (e)(1)(i)(B) provides that the Department may 
consider whether a domestic interested party is related to a foreign 
producer or exporter, or is an importer or related to an importer of 
the subject merchandise, in determining adequacy of response from 
domestic interested parties.
    Paragraph (e)(1)(i)(C) clarifies that, where the Department 
disregards a response from a domestic interested party, either because 
the response is not complete or because of the domestic interested 
party's relationship with a foreign producer, foreign exporter, or 
importer, and where no other domestic interested party has responded to 
the Notice of Initiation, the Department will find no domestic 
interested party response under section 751(c)(3)(A) of the Act and 
issue final results revoking the order or terminating the suspended 
investigation within 90 days after initiation of the sunset review.
    Adequacy of response from respondent interested parties. Paragraph 
(e)(1)(ii)(A) provides that the Department normally will conclude that 
respondent interested parties have provided adequate response where 
respondent interested party responses account for more than 50 percent, 
by volume, of the total exports of subject merchandise to the United 
States. Paragraph (e)(1)(ii)(C) provides that where respondent 
interested parties provide inadequate response, the Department will 
conduct an expedited sunset review under section 751(c)(3)(B) of the 
Act and issue final results of review based on the facts available. In 
addition, the Department will notify the International Trade Commission 
of its adequacy determination within 50 days of initiation of the 
sunset review.
    Adequacy of response from a foreign government in a CVD sunset 
review. Consistent with the SAA at 880, and the Senate Report at 46, 
paragraph (e)(1)(ii)(B) provides that if the foreign government does 
not file a complete substantive response to a Notice of Initiation in a 
CVD sunset review, the Department will find inadequate response from 
all respondent interested parties under section 751(c)(3)(B) of the Act 
and will conduct an expedited sunset review.
    Full sunset review upon adequate response from domestic and 
respondent interested parties. Paragraph (e)(2)(i) provides that where 
the Department receives adequate responses from both domestic and 
respondent interested parties, it normally will conduct a full sunset 
review. Consistent with the SAA at 891, and the House Report at 64, 
paragraph (e)(2)(i) also provides that only under the most 
extraordinary circumstances will the Department rely on a 
countervailing duty rate or dumping margin other than those it 
calculated and published in its prior determinations. As a result, 
paragraph (e)(2)(i) provides that the Department will not calculate a 
net countervailable subsidy or dumping margin for a new shipper in the 
context of a sunset review. Paragraph (e)(2)(ii) clarifies that the 
Department will consider other factors, if at all, normally only in the 
context of a full sunset review.
    Time limits. Paragraph (f) is new and deals with time limits for 
verification, issuance of preliminary and final results of full sunset 
review, and issuance of the Department's determination to continue, 
revoke, or terminate an order or suspended investigation, as 
applicable, after the publication of the International Trade 
Commission's final determination concluding a sunset review.
    Paragraph (f)(1) provides that the Department normally will issue 
its preliminary results of full sunset review not later than 110 days 
after initiation of the sunset review.
    Paragraph (f)(2)(i) clarifies that the Department normally will 
conduct verification, if at all, only in a full sunset review. In 
addition, paragraph (f)(2)(i) provides that the Department will conduct 
verification normally only if, in its preliminary results, the 
Department determines that revocation of the order or termination of 
the suspended investigation is not likely to lead to continuation or 
recurrence of a countervailable subsidy or dumping (see section 752(b) 
and section 752(c) of the Act), and the Department's determination is 
not based on countervailing duty rates or dumping margins from the 
original investigation or subsequent reviews. There may be other 
situations in which the Department would not need to conduct 
verification. Paragraph (f)(2)(ii) indicates that the Department 
normally will conduct verification, if at all, approximately 120 days 
after initiation of the sunset review, i.e., normally after the 
Department issues its preliminary results of review. Because the 
Department cannot anticipate the extent of its workload during the 
conduct of sunset reviews, particularly during the 18-month period in 
which the Department must begin conducting sunset reviews of 
approximately 325 transition orders, the Department may need to 
schedule verification either before or after the 120-day time frame. 
Paragraph (f)(2)(ii) allows for this type of flexibility in scheduling.
    Paragraph (f)(3) provides that the Department normally will issue 
its final results of full sunset review not later than 240 days after 
initiation of the sunset review and may extend the period for issuing 
final results in an extraordinarily complicated sunset review by up to 
90 days.
    Paragraph (f)(4) provides that the Department normally will issue 
its determination to continue, revoke, or terminate an order or 
suspended investigation, as applicable, within seven days after the 
date of publication of the International Trade Commission's final 
determination concluding the sunset review, and subsequently publish 
notice of the Department's determination in the Federal Register.

Section 351.221

    Section 351.221 deals with review procedures. We amended paragraph 
(c)(5)(i) to take into account changes in these regulations. Paragraph 
(c)(5)(i) provides, therefore, that the notice of initiation of a 
sunset review will contain a request for the information described in 
Sec. 351.218(d).

Section 351.222

    Section 351.222 deals with the revocation of orders and the 
termination of suspended investigations. We removed paragraph (i) and 
added new paragraph (i). These revisions are intended to clarify the 
circumstances under which the Department will revoke an order or 
terminate a suspended investigation and the effective date of 
revocation.
    Circumstances under which the Secretary will revoke an order or 
terminate a suspended investigation. Paragraph (i)(1) is new and 
clarifies the circumstances under which the Department will revoke an 
order or terminate a suspended investigation. Paragraph (i)(1)(i) 
provides for revocation or termination within 90 days after initiation 
of the sunset review where no domestic interested party files a Notice 
of Intent to Participate in the sunset review or where the Department 
determines that domestic interested parties provided inadequate 
response to the Notice of Initiation. Paragraph (i)(1)(ii) provides for 
revocation or termination within 240 days (or 330 days where a full 
sunset review is fully extended) after initiation of the sunset review 
where the Department determines that revocation or

[[Page 13520]]

termination is not likely to lead to continuation or recurrence of a 
countervailable subsidy or dumping, as applicable. Finally, paragraph 
(i)(1)(iii) provides for revocation or termination within seven days 
after the date of publication of a final determination by the 
International Trade Commission that revocation or termination is not 
likely to lead to continuation or recurrence of material injury.
    Effective date of revocation. Paragraph (i)(2) is new and clarifies 
the effective date of revocation. With respect to non-transition 
orders, paragraph (i)(2)(i) provides that revocation or termination 
will be effective on the fifth anniversary of the date of publication 
of the order or suspended investigation, as applicable. With respect to 
transition orders, paragraph (i)(2)(ii) provides that revocation or 
termination will be effective on January 1, 2000.

Subpart C--Information and Argument

    Subpart C deals with collection of information and presentation of 
arguments to the Department.

Section 351.308

    Section 351.308 deals with determinations on the basis of the facts 
available. We added new paragraph (f) to take into account changes in 
these regulations.
    Use of facts available in a sunset review. Paragraph (f) is new 
and, consistent with the SAA at 879, provides that, where the 
Department determines to issue final results of review on the basis of 
the facts available, it normally will rely on calculated rates or 
margins, as applicable, from prior Department determinations and 
information contained in parties' substantive responses to the Notice 
of Initiation.

Section 351.309

    Section 351.309 deals with written argument. We made minor changes 
to paragraphs (c)(1)(i) and (c)(1)(iii), and added new paragraph (e) to 
take into account changes in these regulations.
    Case and rebuttal briefs. Paragraph (c)(1)(i) provides that case 
briefs for the final results of full sunset reviews may be filed 50 
days after the date of publication of the preliminary results. Only an 
interested party (or industrial user or consumer organization) that 
filed a complete substantive response to the Notice of Initiation may 
submit a case brief. Paragraph (d)(1) (which is unchanged) provides 
that rebuttal briefs may be filed five days after the time limit for 
filing the case brief.
    Comments on adequacy of response and appropriateness of expedited 
sunset review. Paragraph (e) is new and provides for filing of comments 
on adequacy of response and the appropriateness of conducting an 
expedited sunset review. Paragraph (e)(i) provides that, where the 
Secretary determines that respondent interested parties provided 
inadequate response to a Notice of Initiation and has notified the 
International Trade Commission as such, interested parties (and 
industrial users and consumer organizations) that submitted complete 
substantive responses to the Notice of Initiation may file comments on 
whether an expedited sunset review is appropriate based on the adequacy 
of response. Paragraph (e)(i) clarifies that the comments may not 
include any new factual information or evidence and are limited to five 
pages. Paragraph (e)(ii) provides that comments on adequacy and 
appropriateness of expedited sunset review may be filed within 70 days 
after initiation of the sunset review.

Section 351.310

    Section 351.310 deals with matters related to hearings.
    Hearings. Although no changes have been made to Sec. 351.310 by 
these regulations, we are clarifying that the provisions of 
Sec. 351.310 are applicable in a full sunset review.

Section 351.312

    Section 351.312 clarifies the regulatory provisions under which 
industrial users and consumers are entitled to provide information and 
comments.
    Opportunity for industrial users and consumer organizations to 
submit relevant information and argument. We have made minor changes to 
paragraph (b) to take into account changes in these regulations. 
Specifically, paragraph (b) has been amended to allow industrial users 
and consumers to file substantive responses to a Notice of Initiation 
and comments concerning adequacy of response and appropriateness of 
expedited review. All such submissions must be filed in accordance with 
Sec. 351.303.

Annex VIII-A, -B, and -C

    Schedule for sunset review. We have added new Annex VIII-A, -B, and 
-C, which provides the schedules for 90-day, expedited, and full sunset 
reviews, respectively.

List of Subjects in 19 CFR Part 351

    Administrative practice and procedure, Antidumping duties, Business 
and industry, Cheese, Confidential business information, Countervailing 
duties, Investigations, Reporting and recordkeeping requirements.

    Dated: March 13, 1998
Robert S. LaRussa,
Assistant Secretary for Import Administration.

    For the reasons stated, 19 CFR part 351 is amended as follows:

PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES

Subpart A--Scope and Definitions

    1. The authority citation for part 351 continues to read as 
follows:

    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.

    2. Section 351.102 is amended by adding new definitions to read as 
follows:


Sec. 351.102  Definitions.

* * * * *
    (b) * * *
    Expedited sunset review. ``Expedited sunset review'' means an 
expedited sunset review conducted by the Department where respondent 
interested parties provide inadequate responses to a notice of 
initiation under section 751(c)(3)(B) of the Act and 
Sec. 351.218(e)(1)(ii).
* * * * *
    Full sunset review. ``Full sunset review'' means a full sunset 
review conducted by the Department under section 751(c)(5) of the Act 
where both domestic interested parties and respondent interested 
parties provide adequate response to a notice of initiation under 
section 751(c)(3)(B) of the Act and Secs. 351.218(e)(1)(i) and 
351.218(e)(1)(ii).
* * * * *

Subpart B--Antidumping and Countervailing Duty Procedures

    3. Section 351.218 is amended by revising paragraph (d) and (e) and 
adding paragraph (f) to read as follows:


Sec. 351.218  Sunset reviews under section 751(c) of the Act.

* * * * *
    (d) Participation in sunset review--(1) Domestic interested party 
notification of intent to participate--(i) Filing of notice of intent 
to participate. Where a domestic interested party intends to 
participate in a sunset review, the interested party must, not later 
than 15 days after the date of publication in the Federal Register of 
the notice of initiation, file a notice of intent to participate in a 
sunset review with the Secretary.

[[Page 13521]]

    (ii) Contents of notice of intent to participate. Every notice of 
intent to participate in a sunset review must include a statement 
expressing the domestic interested party's intent to participate in the 
sunset review and the following information:
    (A) The name, address, and phone number of the domestic interested 
party (and its members, if applicable) that intends to participate in 
the sunset review and the statutory basis (under section 771(9) of the 
Act) for interested party status;
    (B) A statement indicating whether the domestic producer:
    (1) Is related to a foreign producer or to a foreign exporter under 
section 771(4)(B) of the Act; or
    (2) Is an importer of the subject merchandise or is related to such 
an importer under section 771(4)(B) of the Act;
    (C) The name, address, and phone number of legal counsel or other 
representative, if any;
    (D) The subject merchandise and country subject to the sunset 
review; and
    (E) The citation and date of publication in the Federal Register of 
the notice of initiation.
    (iii) Failure of domestic interested party to file notice of intent 
to participate in the sunset review. (A) A domestic interested party 
that does not file a notice of Intent to participate in the sunset 
review will be considered not willing to participate in the review and 
the Secretary will not accept or consider any unsolicited submissions 
from that party during the course of the review.
    (B) If no domestic interested party files a notice of intent to 
participate in the sunset review, the Secretary will:
    (1) Conclude that no domestic interested party has responded to the 
notice of initiation under section 751(c)(3)(A) of the Act;
    (2) Notify the International Trade Commission in writing as such 
normally not later than 20 days after the date of publication in the 
Federal Register of the notice of initiation; and
    (3) Not later than 90 days after the date of publication in the 
Federal Register of the Notice of Initiation, issue a final 
determination revoking the order or terminating the suspended 
investigation (see Secs. 351.221(c)(5)(ii) and 351.222(i)).
    (2) Waiver of response by a respondent interested party to a notice 
of initiation--(i) Filing of statement of waiver. A respondent 
interested party may waive participation in a sunset review before the 
Department under section 751(c)(4) of the Act by filing a statement of 
waiver with the Department, not later than 30 days after the date of 
publication in the Federal Register of the notice of initiation. If a 
respondent interested party waives participation in a sunset review 
before the Department, the Secretary will not accept or consider any 
unsolicited submissions from that party during the course of the 
review. Waiving participation in a sunset review before the Department 
will not affect a party's opportunity to participate in the sunset 
review conducted by the International Trade Commission.
    (ii) Contents of statement of waiver. Every statement of waiver 
must include a statement indicating that the respondent interested 
party waives participation in the sunset review before the Department 
and the following information:
    (A) The name, address, and phone number of the respondent 
interested party waiving participation in the sunset review before the 
Department;
    (B) The name, address, and phone number of legal counsel or other 
representative, if any;
    (C) The subject merchandise and country subject to the sunset 
review; and
    (D) The citation and date of publication in the Federal Register of 
the notice of initiation.
    (iii) No response from a respondent interested party. The Secretary 
will consider the failure by a respondent interested party to file a 
complete substantive response to a notice of initiation under paragraph 
(d)(3) of this section as a waiver of participation in a sunset review 
before the Department.
    (iv) Waiver of participation by a foreign government in a CVD 
sunset review. Where a foreign government waives participation in a CVD 
sunset review under paragraph (d)(2)(i) or (d)(2)(iii) of this section, 
the Secretary will:
    (A) Conclude that respondent interested parties have provided 
inadequate response to the notice of initiation under section 
751(c)(3)(B) of the Act;
    (B) Notify the International Trade Commission and conduct an 
expedited sunset review and issue final results of review in accordance 
with paragraph (e)(1)(ii)(C) of this section; and
    (C) Base the final results of review on the facts available in 
accordance with Sec. 351.308(f), which normally will include a 
determination that revocation of the order or termination of the 
suspended investigation, as applicable, would be likely to lead to 
continuation or recurrence of a countervailable subsidy for all 
respondent interested parties.
    (3) Substantive response to a notice of initiation.--(i) e limit 
for substantive response to a notice of initiation. A complete 
substantive response to a notice of initiation, filed under this 
section, must be submitted to the Department not later than 30 days 
after the date of publication in the Federal Register of the notice of 
initiation.
    (ii) Required information to be filed by all interested parties in 
substantive response to a notice of initiation. Except as provided in 
paragraph (d)(3)(v)(A) of this section, each interested party that 
intends to participate in a sunset review must file a submission with 
the Department containing the following:
    (A) The name, address, and phone number of the interested party 
(and its members, if applicable) that intends to participate in the 
sunset review and the statutory basis (under section 771(9) of the Act) 
for interested party status;
    (B) The name, address, and phone number of legal counsel or other 
representative, if any;
    (C) The subject merchandise and country subject to the sunset 
review;
    (D) The citation and date of publication in the Federal Register of 
the notice of initiation;
    (E) A statement expressing the interested party's willingness to 
participate in the review by providing information requested by the 
Department, which must include a summary of that party's historical 
participation in any segment of the proceeding before the Department 
related to the subject merchandise;
    (F) A statement regarding the likely effects of revocation of the 
order or termination of the suspended investigation under review, which 
must include any factual information, argument, and reason to support 
such statement;
    (G) Factual information, argument, and reason concerning the 
dumping margin or countervailing duty rate, as applicable, that is 
likely to prevail if the Secretary revokes the order or terminates the 
suspended investigation, that the Department should select for a 
particular interested party(s);
    (H) A summary of the Department's findings regarding duty 
absorption, if any, including a citation to the Federal Register notice 
in which the Department's findings are set forth; and
    (I) A description of any relevant scope clarification or ruling, 
including a circumvention determination, or changed circumstances 
determination issued by the Department during the proceeding with 
respect to the subject merchandise.
    (iii) Additional required information to be filed by respondent 
interested

[[Page 13522]]

parties in substantive response to a notice of initiation. Except as 
provided in paragraph (d)(3)(v)(A) of this section, the submission from 
each respondent interested party that intends to participate in a 
sunset review must also contain the following:
    (A) That party's individual weighted average dumping margin or 
countervailing duty rate, as applicable, from the investigation and 
each subsequent completed administrative review, including the final 
margin or rate, as applicable, where such margin or rate was changed as 
a result of a final and conclusive court order;
    (B) For each of the five calendar years (or fiscal years, if more 
appropriate) preceding the year of publication of the notice of 
initiation, that party's volume and value (normally on an FOB basis) of 
exports of subject merchandise to the United States;
    (C) As applicable, for the calendar year (or fiscal year, if more 
appropriate) preceding the year of initiation of the dumping 
investigation, that party's volume and value (normally on an FOB basis) 
of exports of subject merchandise to the United States;
    (D) For each of the five calendar years (or fiscal years, if more 
appropriate) preceding the year of publication of the notice of 
initiation, on a volume basis (or value basis, if more appropriate), 
that party's percentage of the total exports of subject merchandise 
(defined in section 771(25) of the Act) to the United States; and
    (E) For each of the three most recent years, including the year of 
publication of the notice of initiation, that party's volume and value 
(normally on an FOB basis) of exports of subject merchandise to the 
United States during the two fiscal quarters as of the month preceding 
the month in which the notice of initiation was published.
    (iv) Optional information to be filed by interested parties in 
substantive response to a notice of initiation--(A) Showing good cause. 
An interested party may submit information or evidence to show good 
cause for the Secretary to consider other factors under section 
752(b)(2) (CVD) or section 752(c)(2) (AD) of the Act and paragraph 
(e)(2)(ii) of this section. Such information or evidence must be 
submitted in the party's substantive response to the notice of 
initiation under paragraph (d)(3) of this section.
    (B) Other information. A substantive response from an interested 
party under paragraph (d)(3) of this section also may contain any other 
relevant information or argument that the party would like the 
Secretary to consider.
    (v) Required information to be filed by a foreign government in 
substantive response to the notice of initiation in a CVD sunset 
review--(A) In general. The foreign government of a country subject to 
a CVD sunset review (see section 771(9)(B) of the Act) that intends to 
participate in a CVD sunset review must file a submission with the 
Department under paragraph (d)(3)(i) of this section containing the 
information required under paragraphs (d)(3)(ii) (A) through (E) of 
this section.
    (B) Additional required information to be filed by a foreign 
government in a CVD sunset review involving an order where the 
investigation was conducted on an aggregate basis. The submission from 
the foreign government of a country subject to a CVD sunset review, 
involving an order where the investigation was conducted on an 
aggregate basis, must also contain:
    (1) The information required under paragraphs (d)(3)(ii)(F), 
(d)(3)(ii)(G), and (d)(3)(ii)(I) of this section;
    (2) The countervailing duty rate from the investigation and each 
subsequent completed administrative review, including the final rate 
where such rate was changed as a result of a final and conclusive court 
order; and
    (3) For each of the five calendar years (or fiscal years, if more 
appropriate) preceding the year of publication of the notice of 
initiation, the volume and value (normally on an FOB basis) of exports 
of subject merchandise to the United States.
    (vi) Substantive responses from industrial users and consumers. An 
industrial user of the subject merchandise or a representative consumer 
organization, as described in section 777(h) of the Act, that intends 
to participate in a sunset review must file a submission with the 
Department under paragraph (d)(3)(i) of this section containing the 
information required under paragraphs (d)(3)(ii) (A) through (D) of 
this section and may submit other relevant information under paragraphs 
(d)(3)(ii) and (d)(3)(iv) of this section.
    (4) Rebuttal to substantive response to a notice of initiation. Any 
interested party that files a substantive response to a notice of 
initiation under paragraph (d)(3) of this section may file a rebuttal 
to any other party's substantive response to a notice of initiation not 
later than five days after the date the substantive response is filed 
with the Department. Except as provided in Sec. 351.309(e), the 
Secretary normally will not accept or consider any additional 
information from a party after the time for filing rebuttals has 
expired, unless the Secretary requests additional information from 
parties after determining to proceed to a full sunset review under 
paragraph (e)(2) of this section.
    (e) Conduct of sunset review.--(1) Adequacy of response to a notice 
of initiation. (i) Adequacy of response from domestic interested 
parties.--(A) In general. The Secretary will make its determination of 
adequacy of response on a case-by-case basis; however, the Secretary 
normally will conclude that domestic interested parties have provided 
adequate response to a notice of initiation where it receives a 
complete substantive response under paragraph (d)(3) of this section 
from at least one domestic interested party.
    (B) Disregarding response from a domestic interested party. In 
making its determination concerning the adequacy of response from 
domestic interested parties under paragraph (e)(1)(i)(A) of this 
section, the Secretary may disregard a response from a domestic 
producer:
    (1) Related to a foreign producer or to a foreign exporter under 
section 771(4)(B) of the Act; or
    (2) That is an importer of the subject merchandise or is related to 
such an importer under section 771(4)(B) of the Act (see paragraph 
(d)(1)(ii)(B) of this section).
    (C) Inadequate response from domestic interested parts. Where the 
Secretary determines to disregard a response from a domestic interested 
party(s) under paragraph (e)(1)(i)(A) or (e)(1)(i)(B) of this section 
and no other domestic interested party has filed a complete substantive 
response to the notice of initiation under paragraph (d)(3) of this 
section, the Secretary will:
    (1) Conclude that no domestic interested party has responded to the 
notice of initiation under section 751(c)(3)(A) of the Act;
    (2) Notify the International Trade Commission in writing as such 
normally not later than 40 days after the date of publication in the 
Federal Register of the Notice of Initiation; and
    (3) Not later than 90 days after the date of publication in the 
Federal Register of the Notice of Initiation, issue a final 
determination revoking the order or terminating the suspended 
investigation (see Secs. 351.221(c)(5)(ii) and 351.222(i)).
    (ii) Adequacy of response from respondent interested parties. (A) 
In general. The Secretary will makes its determination of adequacy of 
response on a case-by-case basis; however, the Secretary normally will 
conclude that respondent interested parties have provided adequate 
response to a notice of initiation where it receives complete 
substantive responses under paragraph (d)(3) of this section from 
respondent

[[Page 13523]]

interested parties accounting on average for more than 50 percent, on a 
volume basis (or value basis, if appropriate), of the total exports of 
subject merchandise to the United States over the five calendar years 
preceding the year of publication of the notice of initiation.
    (B) Failure of a foreign government to file a substantive response 
to a notice of initiation in a CVD sunset review. If a foreign 
government fails to file a complete substantive response to a notice of 
initiation in a CVD sunset review under paragraph (d)(3)(v) of this 
section or waives participation in a CVD sunset review under paragraph 
(d)(2)(i) or (d)(2)(iii) of this section, the Secretary will:
    (1) Conclude that respondent interested parties have provided 
inadequate response to the Notice of Initiation under section 
751(c)(3)(B) of the Act;
    (2) Notify the International Trade Commission and conduct an 
expedited sunset review and issue final results of review in accordance 
with paragraph (e)(1)(ii)(C) of this section; and
    (3) Base the final results of review on the facts available in 
accordance with Sec. 351.308(f), which normally will include a 
determination that revocation of the order or termination of the 
suspended investigation, as applicable, would be likely to lead to 
continuation or recurrence of a countervailable subsidy for all 
respondent interested parties.
    (C) Inadequate response from respondent interested parties. If the 
Secretary determines that respondent interested parties provided 
inadequate response to a notice of initiation under paragraph 
(d)(2)(iv), (e)(1)(ii)(A), or (e)(1)(ii)(B) of this section, the 
Secretary:
    (1) Will notify the International Trade Commission in writing as 
such normally not later than 50 days after the date of publication in 
the Federal Register of the Notice of Initiation; and
    (2) Normally will conduct an expedited sunset review and, not later 
than 120 days after the date of publication in the Federal Register of 
the notice of initiation, issue, without further investigation, final 
results of review based on the facts available in accordance with 
Sec. 351.308(f) (see section 751(c)(3)(B) of the Act and 
Sec. 351.221(c)(5)(ii)).
    (2) Full sunset review upon adequate response from domestic and 
respondent interested parties.--(i) In general. Normally, only where 
the Department receives adequate response to the notice of initiation 
from domestic interested parties under paragraph (e)(1)(i)(A) of this 
section and from respondent interested parties under paragraph 
(e)(1)(ii)(A) of this section, will the Department conduct a full 
sunset review. Even where the Department conducts a full sunset review, 
only under the most extraordinary circumstances will the Secretary rely 
on a countervailing duty rate or a dumping margin other than those it 
calculated and published in its prior determinations, and in no case 
will the Secretary calculate a net countervailable subsidy or a dumping 
margin for a new shipper in the context of a sunset review.
    (iii) Consideration of other factors under section 752(b)(2) (CVD) 
or section 752(c)(2) (AD) of the Act. The Secretary will consider other 
factors under section 752(b)(2) (CVD) or section 752(c)(2) (AD) of the 
Act if the Secretary determines that good cause to consider such other 
factors exists. The Secretary normally will consider such other factors 
only where it conducts a full sunset review under paragraph (e)(2)(i) 
of this section.
    (f) Time limits.--(1) Preliminary results of full sunset review. 
The Department normally will issue its preliminary results in a full 
sunset review not later than 110 days after the date of publication in 
the Federal Register of the notice of initiation.
    (2) Verification.--(i) In general. The Department will verify 
factual information relied upon in making its final determination 
normally only in a full sunset review (see section 782(i)(2) of the Act 
and Sec. 351.307(b)(1)(iii)) and only where needed. The Department will 
conduct verification normally only if, in its preliminary results, the 
Department determines that revocation of the order or termination of 
the suspended investigation, as applicable, is not likely to lead to 
continuation or recurrence of a countervailable subsidy or dumping (see 
section 752(b) and section 752(c) of the Act), as applicable, and the 
Department's preliminary results are not based on countervailing duty 
rates or dumping margins, as applicable, determined in the 
investigation or subsequent reviews.
    (ii) Timing of verification. The Department normally will conduct 
verification, under paragraph (f)(2)(i) of this section and 
Sec. 351.307, approximately 120 days after the date of publication in 
the Federal Register of the notice of initiation.
    (3) Final results of full sunset review and notification to the 
International Trade Commission.--(i) Timing of final results of review 
and notification to the International Trade Commission. The Department 
normally will issue its final results in a full sunset review and 
notify the International Trade Commission of its results of review not 
later than 240 days after the date of publication in the Federal 
Register of the notice of initiation (see section 751(c)(5)(A) of the 
Act).
    (ii) Extension of time limit. If the Secretary determines that a 
full sunset review is extraordinarily complicated under section 
751(c)(5)(C) of the Act, the Secretary may extend the period for 
issuing final results by not more than 90 days (see section 
751(c)(5)(B) of the Act).
    (4) Notice of continuation of an order or suspended investigation; 
notice of revocation of an order or termination of a suspended 
investigation. Except as provided in paragraph (d)(1)(iii)(B)(3) of 
this section and Sec. 351.222(i)(1)(i), the Department normally will 
issue its determination to continue an order or suspended 
investigation, or to revoke an order or terminate a suspended 
investigation, as applicable, not later than seven days after the date 
of publication in the Federal Register of the International Trade 
Commission's determination concluding the sunset review. The Department 
immediately thereafter will publish notice of its determination in the 
Federal Register.
    4. Section 351.221(c)(5)(i) is revised to read as follows:


Sec. 351.221  Review procedures.

* * * * *
    (c) * * *
    (5) * * *
    (i) The notice of initiation of a sunset review will contain a 
request for the information described in Sec. 351.218(d); and
* * * * *
    5. Section 351.222 is amended by revising paragraph (i) to read as 
follows:


Sec. 351.222  Revocation of orders; termination of suspended 
investigations.

* * * * *
    (i) Revocation or termination based on sunset review.--(1) 
Circumstances under which the Secretary will revoke an order or 
terminate a suspended investigation. In the case of a sunset review 
under Sec. 351.218, the Secretary will revoke an order or terminate a 
suspended investigation:
    (i) Under section 751(c)(3)(A) of the Act, where no domestic 
interested party files a Notice of Intent to Participate in the sunset 
review under Sec. 351.218(d)(1), or where the Secretary determines 
under Sec. 351.218(e)(1)(i)(C) that domestic interested parties have 
provided inadequate response to the Notice of Initiation, not later 
than 90 days after the date of publication in the Federal Register of 
the notice of initiation;

[[Page 13524]]

    (ii) Under section 751(d)(2) of the Act, where the Secretary 
determines that revocation or termination is not likely to lead to 
continuation or recurrence of a countervailable subsidy or dumping (see 
section 752(b) and section 752(c) of the Act), as applicable, not later 
than 240 days (or 330 days where a full sunset review is fully 
extended) after the date of publication in the Federal Register of the 
notice of initiation; or
    (iii) Under section 751(d)(2) of the Act, where the International 
Trade Commission makes a determination, under section 752(a) of the 
Act, that revocation or termination is not likely to lead to 
continuation or recurrence of material injury, not later than seven 
days after the date of publication in the Federal Register of the 
International Trade Commission's determination concluding the sunset 
review.
    (2) Effective date of revocation.--(i) In general. Except as 
provided in paragraph (i)(2)(ii) of this section, where the Secretary 
revokes an order or terminates a suspended investigation, pursuant to 
section 751(c)(3)(A) or section 751(d)(2) of the Act (see paragraph 
(i)(1) of this section), the revocation or termination will be 
effective on the fifth anniversary of the date of publication in the 
Federal Register of the order or suspended investigation, as 
applicable. This paragraph also applies to subsequent sunset reviews of 
transition orders (see paragraph (i)(2)(ii) of this section and section 
751(c)(6)(A)(iii) of the Act).
    (ii) Transition orders. Where the Secretary revokes a transition 
order (defined in section 751(c)(6)(C) of the Act) pursuant to section 
751(c)(3)(A) or section 751(d)(2) of the Act (see paragraph (i)(1) of 
this section), the revocation or termination will be effective on 
January 1, 2000. This paragraph does not apply to subsequent sunset 
reviews of transition orders (see section 751(c)(6)(A)(iii) of the 
Act).

Subpart C--Information and Argument

    6. Section 351.308 is amended by adding new paragraph (f) to read 
as follows:


Sec. 351.308  Determinations on the basis of the facts available.

* * * * *
    (f) Use of facts available in a sunset review. Where the Secretary 
determines to issue final results of sunset review on the basis of 
facts available, the Secretary normally will rely on:
    (1) Calculated countervailing duty rates or dumping margins, as 
applicable, from prior Department determinations; and
    (2) Information contained in parties' substantive responses to the 
Notice of Initiation filed under Sec. 351.218(d)(3), consistent with 
section 752(b) or 752(c) of the Act, as applicable.
    7. Section 351.309 is amended by revising paragraph (c)(1)(i), by 
revising paragraph (c)(1)(iii), and by adding new paragraph (e), to 
read as follows:


Sec. 351.309  Written argument.

* * * * *
    (c) * * *
    (1) * * *
    (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;
* * * * *
    (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.
* * * * *
    (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 response 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 of publication in the Federal 
Register of the notice of initiation.
    8. Section 351.312 is amended by revising paragraph (b) to read as 
follows:


Sec. 351.312  Industrial users and consumer organizations.

* * * * *
    (b) Opportunity to submit relevant information and argument. In an 
antidumping or countervailing duty proceeding under title VII of the 
Act and this part, an industrial user of the subject merchandise or a 
representative consumer organization, as described in section 777(h) of 
the Act, may submit relevant factual information and written argument 
to the Department under paragraphs, (d)(3)(ii), (d)(3)(vi), and (d)(4) 
of Sec. 351.218, paragraphs (b), (c)(1), and (c)(3) of Sec. 351.301, 
and paragraphs (c), (d), and (e) of Sec. 351.309 concerning dumping or 
a countervailable subsidy. All such submissions must be filed in 
accordance with Sec. 351.303.
* * * * *
    9. New Annex VIII-A, -B, and -C is added after Annexes I-VII to 
read as follows:

            Annex VIII-A--Schedule for 90-Day Sunset Reviews            
------------------------------------------------------------------------
           Day 1                    Event                Regulation     
------------------------------------------------------------------------
0.........................  Initiation...........  Sec.  351.218(c).    
15........................  Filing of Notice of    Sec.  351.218(d)(1)(i
                             Intent to              ) (not later than 15
                             Participate by         days after the date 
                             domestic interested    of publication of   
                             parties.               the Notice of       
                                                    Initiation).        
20........................  Notification to the    Sec.  351.218(d)(1)(i
                             ITC that no domestic   ii)(B)(2) (normally 
                             interested party has   not later than 20   
                             responded to the       days after the date 
                             Notice of Initiation.  of publication of   
                                                    the Notice of       
                                                    Initiation).        
30........................  Filing of substantive  Secs.  351.218(d)(3)(
                             response to the        i) and              
                             Notice of Initiation   351.218(d)(3)(vi)   
                             by all interested      (not later than 30  
                             parties and            days after the date 
                             industrial users and   of publication of   
                             consumers.             the Notice of       
                                                    Initiation).        
35........................  Filing of rebuttal to  Sec.  351.218(d)(4)  
                             substantive response   (not later than 5   
                             to the Notice of       days after the      
                             Initiation.            substantive response
                                                    is filed with the   
                                                    Department).        

[[Page 13525]]

                                                                        
40........................  Notification to the    Sec.  351.218(e)(1)(i
                             ITC that no domestic   )(C)(2) (normally   
                             interested party has   not later than 40   
                             responded to the       days after the date 
                             Notice of Initiation   of publication of   
                             (based on inadequate   the Notice of       
                             response from          Initiation).        
                             domestic interested                        
                             parties).                                  
90........................  Final determination    Secs.  351.218(d)(1)(
                             revoking an order or   iii)(B)(3) and      
                             terminating a          351.222(i)(1)(i)    
                             suspended              (not later than 90  
                             investigation where    days after the date 
                             no domestic            of publication of   
                             interested party       the Notice of       
                             responds to the        Initiation).        
                             Notice of Initiation.                      
------------------------------------------------------------------------
1 Indicates the number of days from the date of publication in the      
  Federal Register of the Notice of Initiation.                         


           Annex VIII-B--Schedule for Expedited Sunset Reviews          
------------------------------------------------------------------------
           Day 1                    Event                Regulation     
------------------------------------------------------------------------
0.........................  Initiation...........  Sec.  351.218(c).    
15........................  Filing of Notice of    Sec.  351.218(d)(1)(i
                             Intent to              ) (not later than 15
                             Participate by         days after the date 
                             domestic interested    of publication of   
                             parties.               the Notice of       
                                                    Initiation).        
30........................  Filing of Statement    Sec.  351.218(d)(2)(i
                             of Waiver by           ) (not later than 30
                             respondent             days after the date 
                             interested parties.    of publication of   
                                                    the Notice of       
                                                    Initiation).        
30........................  Filing of substantive  Secs.  351.218(d)(3)(
                             response to the        i) and              
                             Notice of Initiation   351.218(d)(3)(vi)   
                             by all interested      (not later than 30  
                             parties and            days after the date 
                             industrial users and   of publication of   
                             consumers.             the Notice of       
                                                    Initiation).        
35........................  Filing of rebuttal to  Sec.  351.218(d)(4)  
                             substantive response   (not later than 5   
                             to the Notice of       days after the      
                             Initiation.            substantive response
                                                    is filed with the   
                                                    Department).        
50........................  Notification to the    Sec.  351.218(e)(1)(i
                             ITC that respondent    i)(C)(1) (normally  
                             interested parties     not later than 50   
                             provided inadequate    days after the date 
                             response to the        of publication of   
                             Notice of Initiation.  the Notice of       
                                                    Initiation).        
70........................  Comments on adequacy   Sec.  351.309(e)(ii) 
                             of response and        (not later than 70  
                             appropriateness of     days after the date 
                             expedited sunset       of publication of   
                             review.                the Notice of       
                                                    Initiation).        
120.......................  Final results of       Secs.  351.218(e)(1)(
                             expedited sunset       ii)(B) and          
                             review where           351.218(e)(1)(ii)(C)
                             respondent             (2) (not later than 
                             interested parties     120 days after the  
                             provide inadequate     date of publication 
                             response to the        of the Notice of    
                             Notice of Initiation.  Initiation).        
------------------------------------------------------------------------
1 Indicates the number of days from the date of publication in the      
  Federal Register of the Notice of Initiation.                         


             Annex VIII-C--Schedule for Full Sunset Reviews             
------------------------------------------------------------------------
           Day 1                    Event                Regulation     
------------------------------------------------------------------------
0.........................  Initiation...........  Sec.  351.218(c).    
15........................  Filing of Notice of    Sec.  351.218(d)(1)(i
                             Intent to              ) (not later than 15
                             Participate by         days after the date 
                             domestic interested    of publication of   
                             parties.               the Notice of       
                                                    Initiation).        
30........................  Filing of Statement    Sec.  351.218(d)(2)(i
                             of Waiver by           ) (not later than 30
                             respondent             days after the date 
                             interested parties.    of publication of   
                                                    the Notice of       
                                                    Initiation).        
30........................  Filing of substantive  Secs.  351.218(d)(3)(
                             response to the        i) and              
                             Notice of Initiation   351.218(d)(3)(vi)   
                             by all interested      (not later than 30  
                             parties and            days after the date 
                             industrial users and   of publication of   
                             consumers.             the Notice of       
                                                    Initiation).        
35........................  Filing of rebuttal to  Sec.  351.218(d)(4)  
                             substantive response   (not later than 5   
                             to the Notice of       days after the      
                             Initiation.            substantive response
                                                    is filed with the   
                                                    Department).        
110.......................  Preliminary results    Sec.  351.218(f)(1)  
                             of full sunset         (normally not later 
                             review.                than 110 days after 
                                                    the date of         
                                                    publication of the  
                                                    Notice of           
                                                    Initiation).        
120.......................  Verification in a      Sec.  351.218(f)(2)(i
                             full sunset review,    i) (approximately   
                             where needed.          120 days after the  
                                                    date of publication 
                                                    of the Notice of    
                                                    Initiation).        
160.......................  Filing of case brief   Sec.  351.309(c)(1)(i
                             in full sunset         ) (50 days after the
                             review.                date of publication 
                                                    of the preliminary  
                                                    results of full     
                                                    sunset review).     
165.......................  Filing of rebuttal     Sec.  351.309(d)(1)  
                             brief in full sunset   (5 days after the   
                             review.                time limit for      
                                                    filing a case       
                                                    brief).             
167.......................  Hearing in full        Sec.  351.310(d)(i)  
                             sunset review if       (2 days after the   
                             requested.             time limit for      
                                                    filing a rebuttal   
                                                    brief).             
240.......................  Final results of full  Sec.  351.218(f)(3)(i
                             sunset review.         ) (not later than   
                                                    240 days after the  
                                                    date of publication 
                                                    of the Notice of    
                                                    Initiation).        
330.......................  Final results of full  Sec.  351.218(f)(3)(i
                             sunset review if       i) (if full sunset  
                             fully extended.        review is           
                                                    extraordinarily     
                                                    complicated, period 
                                                    for issuing final   
                                                    results may be      
                                                    extended by not more
                                                    than 90 days).      
------------------------------------------------------------------------
1 Indicates the number of days from the date of publication in the      
  Federal Register of the Notice of Initiation.                         


[[Page 13526]]

[FR Doc. 98-7165 Filed 3-19-98; 8:45 am]
BILLING CODE 3510-DS-P