[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40534-40539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16715]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 120411407-2407-01]
RIN 0625-AA91
Modification of Regulations Regarding the Definition of Factual
Information and Time Limits for Submission of Factual Information
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Department of Commerce (the Department) proposes to modify
its regulations which define ``factual information'' and establish time
limits for the submission of factual information in antidumping (AD)
and countervailing duty (CVD) proceedings. The modifications to the
definition of
[[Page 40535]]
factual information, if adopted, will more clearly describe the types
of information that can be submitted by a person or placed on the
record by the Department in a segment of a proceeding. The
modifications to the time limits in which such information may be
submitted or placed on the record, if adopted, will enable the
Department to efficiently determine what type of information is being
submitted and whether it is timely filed, and to provide sufficient
opportunity for the Department to review submissions of factual
information.
DATES: To be assured of consideration, comments must be received no
later than August 24, 2012.
ADDRESSES: All comments must be submitted through the Federal
eRulemaking Portal at http://www.regulations.gov, Docket No. ITA-2011-
XXXX, unless the commenter does not have access to the internet.
Commenters who do not have access to the internet may submit the
original and two copies of each set of comments by mail or hand
delivery/courier. All comments should be addressed to Paul Piquado,
Assistant Secretary for Import Administration, Room 1870, Department of
Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230.
The comments should also be identified by Regulation Identifier Number
(RIN) 0625-AA91.
The Department will consider all comments received before the close
of the comment period. The Department will not accept comments
accompanied by a request that part or all of the material be treated
confidentially because of its business proprietary nature or for any
other reason. All comments responding to this notice will be a matter
of public record and will be available for inspection at Import
Administration's Central Records Unit (Room 7046 of the Herbert C.
Hoover Building) and online at http://www.regulations.gov and on the
Department's Web site at http://www.trade.gov/ia/.
Any questions concerning file formatting, document conversion,
access on the Internet, or other electronic filing issues should be
addressed to Andrew Lee Beller, Import Administration Webmaster, at
(202) 482-0866, email address: webmaster-support@ita.doc.gov.
FOR FURTHER INFORMATION CONTACT: Joanna Theiss at (202) 482-5052 or
Charles Vannatta at (202) 482-4036.
SUPPLEMENTARY INFORMATION:
Background
The Department proposes to modify two regulations related to AD and
CVD proceedings: The definition of factual information, 19 CFR
351.102(b)(21), and the time limits for the submission of factual
information, 19 CFR 351.301. Currently, 19 CFR 351.102(b)(21) defines
factual information as: ``(i) initial and supplemental questionnaire
responses; (ii) data or statements of fact in support of allegations;
(iii) other data or statements of facts; and (iv) documentary
evidence.'' The Department proposes modifying this definition in order
to create distinct descriptive categories of factual information that
can be submitted in a segment of a proceeding.
The proposed rule identifies five categories of factual
information, which are summarized as follows: (i) Evidence submitted in
response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The proposed definition does not change the types of
information that can be submitted in a segment of a proceeding; rather,
it will allow for more accurate classification of factual information
than the current definition.
Currently, 19 CFR 351.301 sets forth the time limits for submission
of factual information, including general time limits, time limits for
certain submissions such as responses to questionnaires, and time
limits for certain allegations. The Department proposes to modify 19
CFR 351.301 so that, rather than providing general time limits, there
will be specific time limits based on the type of factual information
being submitted, in accordance with the proposed changes to 19 CFR
351.102(b)(21). This will enable the Department to review and analyze
the factual information at the appropriate stage in the proceeding,
based on the Department's experience in administering the AD and CVD
laws, rather than being required to review large amounts of factual
information on the record of a proceeding when it is too late to
adequately examine, analyze, conduct follow-up inquiries regarding and,
if necessary, verify the information. This modification will also
provide clarity to persons concerning the deadlines for submissions of
certain factual information in a segment of a proceeding, including the
submission of factual information to rebut, clarify, or correct factual
information that is already on the record.
The Department also proposes to require any person, when submitting
factual information, to specify under which subsection of proposed
Sec. 351.102(b)(21) the information is being submitted and if the
information is submitted to rebut, clarify, or correct factual
information already on the record, in order to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. This will enable the
Department and interested parties to efficiently identify the factual
information and to analyze it in accordance with the purpose for which
it is being submitted.
Classification
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes Executive Order 12866.
Initial Regulatory Flexibility Analysis (IRFA)
Pursuant to Section 603 of the Regulatory Flexibility Act, the
Department has prepared the following IRFA to analyze the potential
impact that this proposed rule, if adopted, would have on small
entities.
Description of the Reasons Why Action Is Being Considered
The policy reasons for issuing this proposed rule are discussed in
the preamble of this document, and not repeated here.
Statement of the Objectives of, and Legal Basis for, the Proposed Rule;
Identification of All Relevant Federal Rules Which May Duplicate,
Overlap, or Conflict With the Proposed Rule
This proposed rule is intended to alter the Import Administration's
regulations for AD and CVD proceedings; specifically, to change the
definition of factual information and the deadlines for submitting
information in AD and CVD proceedings.
The proposed rule would alter several deadlines for submitting
factual information in a segment of a proceeding. Information submitted
to rebut, clarify, or correct factual information would generally have
a deadline of 10 days from the date that the factual information is
served on the interested party or filed with the Department, except
that information submitted to rebut, clarify, or correct information in
an initial questionnaire response would be due 14 days after the
initial response is filed with the
[[Page 40536]]
Department. Factual information voluntarily provided to support
allegations regarding market viability and the basis for determining
normal value would be due 10 days after the respondent interested party
files the response to the relevant section of the questionnaire.
Factual information provided to support an allegation of an upstream
subsidy would be due 60 days after the preliminary determination.
Deadlines for submissions of factual information to value factors
of production and to measure the adequacy of remuneration will be
imposed or shortened, as appropriate, but this is expected to have a
beneficial impact on small entities that participate in AD and CVD
proceedings because they will have the opportunity to review and
comment on the Department's preliminary analysis of the information,
which is not the case under current regulations.
The legal basis for this rule is 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. No
other Federal rules duplicate, overlap, or conflict with this proposed
rule.
Number and Description of Small Entities Regulated by the Proposed
Action
The proposed rules will apply to all persons submitting information
to the Department in AD and CVD proceedings. This could include
exporters and producers of merchandise subject to AD and CVD
proceedings and their affiliates, importers of such merchandise,
domestic producers of like products, and foreign governments.
Exporters and producers of subject merchandise are rarely U.S.
companies. Some producers and exporters of subject merchandise do have
U.S. affiliates, some of which may be considered small entities under
the appropriate Small Business Administration (SBA) small business size
standard. The Department is not able to estimate the number of
exporters and producer domestic affiliates that may be considered small
entities, but anticipates, based on its experience in these
proceedings, that the number will not be substantial.
Importers may be U.S. or foreign companies, and some of these
entities may be considered small entities under the appropriate SBA
small business size standard. The Department does not anticipate that
the proposed rules will impact a substantial number of small importers
because importers of subject merchandise who are not also producers and
exporters (or their affiliates) rarely submit factual information in
the course of the Department's AD and CVD proceedings, and those that
do tend to be larger entities.
Some domestic producers of like products may be considered small
entities under the appropriate SBA small business size standard.
Although it is unable to estimate the number of producers that may be
considered small entities, the Department does not anticipate that the
number affected by the proposed rule will be substantial. Frequently,
domestic producers that bring a petition account for a large amount of
the domestic production within an industry, so it is unlikely that
these domestic producers will be small entities.
In sum, while recognizing that exporter and producer affiliates,
importers, and domestic producers that submit information in AD and CVD
proceedings will likely include some small entities, the Department,
based on its experience with these proceedings and the participating
parties, does not anticipate that the proposed rule would impact a
substantial number of small entities.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
The proposed rules will require persons submitting factual
information to the Department to specify under which subsection of the
proposed definition the information is being submitted. If it is being
submitted to rebut, clarify, or correct factual information already on
the record, the person will be required to identify the information
already on the record that the factual information seeks to rebut,
clarify or correct. This will not amount to a significant burden as the
submitter should already be aware of the relevant subsection pursuant
to which it is submitting factual information; in addition, all of the
required information should be readily available to any person
submitting factual information to the Department.
Description of Any Significant Alternatives to the Proposed Rule That
Accomplish the Stated Objectives of Applicable Statutes and That
Minimize Any Significant Economic Impact of the Proposed Rule on Small
Entities
As required by 5 U.S.C. 603(c), the Department's analysis
considered significant alternatives. The alternatives which the
Department considered include: (1) The preferred alternative of
modifying the definition of factual information and modifying the time
limits, as described in this proposed rule; (2) maintaining the
existing definition of factual information and the time limits for the
submission of factual information; (3) modifying the definition of
factual information but maintaining all time limits; and, (4) modifying
the definition of factual information and extending the time limits.
The Department does not anticipate that the first, preferred
alternative will have a significant economic impact on small entities.
The changes to the definition of ``factual information'' do not impose
any significant burden on the parties in AD or CVD proceedings; the
changes do not alter the types of information that may be submitted,
but merely re-categorizes them into more logical groupings than the
current definition. The changes to the deadlines for submitting factual
information are also not expected to have a significant economic impact
on small entities. Although some deadlines are shortened, these are
either not expected to have a significant impact on small entities or
will actually have a positive impact. For example, for the submission
of factual information in support of allegations, or to rebut, clarify,
or correct factual information, in the Department's experience the
parties submitting these allegations or rebuttals/clarifications/
corrections will possess the relevant information with sufficient time
to submit them before the information would be due.
By contrast, shortening the time limits for the submission of
factual information to value factors of production will have a
beneficial impact on any small entities that are participating in an AD
proceeding, because it will provide them with an opportunity to review
and comment on the Department's preliminary analysis of this
information. Because the time limits currently permit such information
to be submitted after the Department issues its preliminary
calculations, parties wishing to assess the significance of this
information would need to undertake their own analysis of the often
voluminous information submitted. Such analysis of the often voluminous
information may be particularly burdensome for small entities. In
addition, parties continue to have a significant amount of time to
gather this type of information in advance of the time limit because
the Department accepts only publicly available information pursuant to
this provision. Further, establishing a time limit for the submission
of factual information to measure the adequacy of remuneration under
Sec. 351.511(a)(2), where the current regulation does not include any
time limit, will provide certainty to parties, including those who
[[Page 40537]]
wish to submit factual information to rebut, clarify or correct the
factual information submitted under this provision.
Under alternative two, the Department determined that maintaining
the definition of factual information and the time limits provision
would not serve the objective of the proposed rules to permit the
Department and interested parties adequate opportunity to review and
analyze submissions of factual information in an efficient manner. If
the Department were to maintain the current rules, then persons would
still be able to submit large amounts of factual information on the
record of an AD or CVD segment very close to the Department's statutory
deadlines for making certain determinations, thus limiting the
Department's ability to consider, analyze and, if applicable, verify
the information submitted. The current definition and time limits also
do not provide sufficient clarity to persons participating in an AD or
CVD proceeding, because the current rules do not require persons
submitting information to identify the type of information which is
being submitted. Although this alternative was considered, it was not
adopted because it does not serve the Department's objectives of
creating certainty for participants in AD and CVD proceedings.
The Department also considered modifying the definition of factual
information without modifying the time limits provision, listed as
alternative three. This alternative would serve the objective of the
proposed rules to identify more clearly the types of factual
information which are submitted in AD and CVD proceedings, but does not
serve the goal of enabling the Department to efficiently examine
factual information at an appropriate stage in the proceeding. For
instance, the Department determined that continuing to allow factual
information in an AD or CVD investigation ``seven days before the date
on which verification of any person is scheduled to commence,'' 19 CFR
351.301(b)(1), would run counter to the objectives of the proposed
rules because the Department often does not have sufficient opportunity
to review adequately submissions of factual information when they are
submitted at this stage of the proceeding. In addition, maintaining the
time limits for, for instance, the submission of factual information to
value factors could deprive persons of the opportunity to comment on
the Department's preliminary analysis of these submissions in their
case briefs. The changes to the definition to more clearly describe the
types of factual information which is submitted in an AD and CVD
proceeding, without a corresponding modification to the time limits
provision, would not serve the objectives of the Department and, thus,
has not been adopted.
Finally, as alternative four, the Department considered extending
the time limits for the submission of factual information, but this
alternative has not been adopted. The Department is required to make
certain determinations for AD and CVD proceedings within prescribed
statutory deadlines. The current regulations sometimes do not provide
the Department with a sufficient opportunity to examine and analyze
submissions of factual information before those statutory deadlines,
and in some instances deprive parties of the opportunity to comment on
the submissions of factual information in their case briefs. An
extension of time limits would exacerbate the problem, which the
proposed rules seek to address. Therefore, this alternative has not
been adopted.
Paperwork Reduction Act
This rule does not require a collection of information for purposes
of the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3501 et
seq.).
List of Subjects in 19 CFR Part 351
Administrative practice and procedure, Antidumping, Business and
industry, Cheese, Confidential business information, Countervailing
duties, Freedom of information, Investigations, Reporting and
recordkeeping requirements.
Dated: July 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
For the reasons stated, 19 CFR part 351 is proposed to be amended
as follows:
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES
1. The authority citation for 19 CFR 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. In Sec. 351.102, revise paragraph (b)(21) to read as follows:
Sec. 351.102 Definitions.
* * * * *
(b) Definitions. * * *
(21) Factual information. ``Factual information'' means:
(i) Evidence, including statements of fact, documents, and data
submitted either in response to initial and supplemental
questionnaires, or, to rebut, clarify, or correct such evidence
submitted by any other interested party;
(ii) Evidence, including statements of fact, documents, and data
submitted either in support of allegations, or, to rebut, clarify, or
correct such evidence submitted by any other interested party;
(iii) Publicly available information submitted to value factors
under Sec. 351.408(c) or to measure the adequacy of remuneration under
Sec. 351.511(a)(2), or, to rebut, clarify, or correct such publicly
available information submitted by any other interested party;
(iv) Evidence, including statements of fact, documents and data
placed on the record by the Department, or, evidence submitted by any
interested party to rebut, clarify or correct such evidence placed on
the record by the Department; and
(v) Evidence, including statements of fact, documents, and data,
other than factual information described in (i)-(iv) of this section,
in addition to evidence submitted by any other interested party to
rebut, clarify, or correct such evidence.
3. In Sec. 351.301, revise paragraph (a), (b) and (c), and remove
paragraph (d) to read as follows:
Sec. 351.301 Time limits for submission of factual information.
(a) Introduction. This section sets forth the time limits for
submitting factual information, as defined by Sec. 351.102(b)(21). The
Department obtains most of its factual information in antidumping and
countervailing duty proceedings from submissions made by interested
parties during the course of the proceeding. Notwithstanding paragraph
(b) of this section, the Secretary may request any person to submit
factual information at any time during a proceeding or provide
additional opportunities to submit factual information. Section 351.302
sets forth the procedures for requesting an extension of such time
limits, and provides that, unless expressly precluded by statute, the
Secretary may, for good cause, extend any time limit established in the
Department's regulations. Section 351.303 contains the procedural rules
regarding filing (including procedures for filing on non-business
days), format, translation, service, and certification of documents. In
the Secretary's written request to an interested party for a response
to a questionnaire or for other factual
[[Page 40538]]
information, the Secretary will specify the following: The time limit
for the response; the information to be provided; the form and manner
in which the interested party must submit the information; and that
failure to submit the requested information in the requested form and
manner by the date specified may result in use of the facts available
under section 776 of the Act and Sec. 351.308.
(b) Submission of factual information. Every submission of factual
information must be accompanied by a written explanation identifying
the subsection of Sec. 351.102(b)(21) under which the information is
being submitted.
(1) If an interested party states that the information is submitted
under subsection Sec. 351.102(b)(21)(v), the party must explain why
the information does not satisfy the definitions described in Sec.
351.102(b)(21)(i)-(iv).
(2) If the factual information is being submitted to rebut,
clarify, or correct factual information on the record, the submitter
must provide a written explanation identifying the information which is
already on the record that the factual information seeks to rebut,
clarify, or correct, including the name of the interested party that
submitted the information and the date on which the information was
submitted.
(c) Time limits. The type of factual information determines the
time limit for submission to the Department.
(1) Factual information submitted in response to questionnaires.
During a proceeding, the Secretary may issue to any person
questionnaires, which includes both initial and supplemental
questionnaires. The Secretary will not consider or retain in the
official record of the proceeding unsolicited questionnaire responses,
except as provided under Sec. 351.204(d)(2), or untimely filed
questionnaire responses. The Secretary will reject any untimely filed
or unsolicited questionnaire response and provide, to the extent
practicable, written notice stating the reasons for rejection (see
Sec. 351.302(d)).
(i) Initial questionnaire responses are due 30 days from the date
of receipt of such questionnaire. The time limit for response to
individual sections of the questionnaire, if the Secretary requests a
separate response to such sections, may be less than the 30 days
allotted for response to the full questionnaire. In general, the date
of receipt will be considered to be seven days from the date on which
the initial questionnaire was transmitted.
(ii) Supplemental questionnaire responses are due on the date
specified by the Secretary.
(iii) A notification by an interested party, under section
782(c)(1) of the Act, of difficulties in submitting information in
response to a questionnaire issued by the Secretary is to be submitted
in writing within 14 days after the date of the questionnaire or, if
the questionnaire is due in 14 days or less, within the time specified
by the Secretary.
(iv) A respondent interested party may request in writing that the
Secretary conduct a questionnaire presentation. The Secretary may
conduct a questionnaire presentation if the Secretary notifies the
government of the affected country and that government does not object.
(v) Factual information submitted to rebut, clarify, or correct
questionnaire responses. Within 14 days after an initial questionnaire
response and within 10 days after a supplemental questionnaire response
has been filed with the Department, an interested party other than the
original submitter is permitted one opportunity to submit factual
information to rebut, clarify, or correct factual information contained
in the questionnaire response. Within seven days of the filing of such
rebuttal, clarification, or correction to a questionnaire response, the
original submitter of the questionnaire response is permitted one
opportunity to submit factual information to rebut, clarify, or correct
factual information submitted in the interested party's rebuttal,
clarification or correction. The Secretary will reject any untimely
filed rebuttal, clarification, or correction submission and provide, to
the extent practicable, written notice stating the reasons for
rejection (see Sec. 351.302). If insufficient time remains before the
due date for the final determination or final results of review, the
Secretary may specify shorter deadlines under this section.
(2) Factual information submitted in support of allegations.
Factual information submitted in support of allegations must be
accompanied by a summary, not to exceed five pages, of the allegation
and supporting data.
(i) Market viability and the basis for determining normal value.
Allegations regarding market viability in an antidumping investigation
or administrative review, including the exceptions in Sec.
351.404(c)(2), are due, with all supporting factual information, 10
days after the respondent interested party files the response to the
relevant section of the questionnaire, unless the Secretary alters this
time limit.
(ii) Sales at prices below the cost of production. Allegations of
sales at prices below the cost of production made by the petitioner or
other domestic interested party are due within:
(A) In an antidumping investigation, on a country-wide basis, 20
days after the date on which the initial questionnaire was issued to
any person, unless the Secretary alters this time limit; or, on a
company-specific basis, 20 days after a respondent interested party
files the response to the relevant section of the questionnaire, unless
the relevant questionnaire response is, in the Secretary's view,
incomplete, in which case the Secretary will determine the time limit;
(B) In an administrative review, new shipper review, or changed
circumstances review, on a company-specific basis, 20 days after a
respondent interested party files the response to the relevant section
of the questionnaire, unless the relevant questionnaire response is, in
the Secretary's view, incomplete, in which case the Secretary will
determine the time limit; or
(C) In an expedited antidumping review, on a company-specific
basis, 10 days after the date of publication of the notice of
initiation of the review.
(iii) Purchases of major inputs from an affiliated party at prices
below the affiliated party's cost of production. An allegation of
purchases of major inputs from an affiliated party at prices below the
affiliated party's cost of production made by the petitioner or other
domestic interested party is due within 20 days after a respondent
interested party files the response to the relevant section of the
questionnaire, unless the relevant questionnaire response is, in the
Secretary's view, incomplete, in which case the Secretary will
determine the time limits.
(iv) Countervailable subsidy; upstream subsidy. A countervailable
subsidy allegation made by the petitioner or other domestic interested
party is due no later than:
(A) In a countervailing duty investigation, 40 days before the
scheduled date of the preliminary determination, unless the Secretary
extends this time limit for good cause; or
(B) In an administrative review, new shipper review, or changed
circumstances review, 20 days after all responses to the initial
questionnaire are filed with the Department, unless the Secretary
alters this time limit.
(C) Exception for upstream subsidy allegation in an investigation.
In a countervailing duty investigation, an allegation of upstream
subsidies made by the petitioner or other domestic interested party is
due no later than 60
[[Page 40539]]
days after the date of the preliminary determination.
(v) Other allegations. An interested party may submit factual
information in support of other allegations not specified in
subsections (i)-(iv). Upon receipt of factual information under this
subsection, the Secretary will issue a memorandum accepting or
rejecting the information and, to the extent practicable, will provide
written notice stating the reasons for rejection. If the Secretary
accepts the information, the Secretary will issue a schedule providing
deadlines for submission of factual information to rebut, clarify or
correct the factual information.
(vi) Rebuttal, clarification, or correction of factual information
submitted in support of allegations. An interested party is permitted
one opportunity to submit factual information to rebut, clarify, or
correct factual information submitted in support of allegations 10 days
after the date such factual information is served on an interested
party.
(3) Factual information submitted to value factors under Sec.
351.408(c) or to measure the adequacy of remuneration under Sec.
351.511(a)(2).
(i) Antidumping or countervailing duty investigations. All
submissions of factual information to value factors of production under
Sec. 351.408(c) in an antidumping investigation, or to measure the
adequacy of remuneration under Sec. 351.511(a)(2) in a countervailing
duty investigation, are due no later than 30 days before the scheduled
date of the preliminary determination;
(ii) Administrative review, new shipper review, or changed
circumstances review. All submissions of factual information to value
factors under Sec. 351.408(c), or to measure the adequacy of
remuneration under Sec. 351.511(a)(2), are due no later than 30 days
before the scheduled date of the preliminary results of review; and
(iii) Expedited antidumping review. All submissions of factual
information to value factors under Sec. 351.408(c) are due on a date
specified by the Secretary.
(iv) Rebuttal, clarification, or correction of factual information
submitted to value factors under Sec. 351.408(c) or to measure the
adequacy of remuneration under Sec. 351.511(a)(2). An interested party
is permitted one opportunity to submit arguments or publicly available
information to rebut, clarify, or correct such factual information
submitted pursuant to Sec. 351.408(c) or Sec. 351.511(a)(2) 10 days
after the date such factual information is served on the interested
party. An interested party may not submit additional, previously
absent-from-the-record alternative surrogate value information under
this subsection. Additionally, all factual information submitted under
this subsection must be accompanied by a written explanation
identifying what information already on the record of the ongoing
proceeding the factual information is rebutting, clarifying, or
correcting. Information submitted to rebut, clarify, or correct factual
information submitted pursuant to Sec. 351.408(c) will not be used to
value factors under Sec. 351.408(c).
(4) Factual information placed on the record of the proceeding by
the Department. The Department may place factual information on the
record of the proceeding at any time. An interested party is permitted
one opportunity to submit factual information to rebut, clarify, or
correct factual information placed on the record of the proceeding by
the Department by a date specified by the Secretary.
(5) Factual information not directly responsive to or relating to
paragraphs (1)-(4). This subsection applies to factual information
other than that described in Sec. 351.102(b)(21)(i)-(iv). The
Secretary will reject information filed under this subsection that
satisfies the definition of information described in Sec.
351.102(b)(21)(i)-(iv) and that was not filed within the deadlines
specified above. All submissions of factual information under this
subsection are required to clearly explain why the information
contained therein does not meet the definition of factual information
described in Sec. 351.102(b)(21)(i)-(iv), and must provide a detailed
narrative of exactly what information is contained in the submission
and why it should be considered. The deadline for filing such
information will be 30 days before the scheduled date of the
preliminary determination in an investigation, or 14 days before
verification, whichever is earlier, and 30 days before the scheduled
date of the preliminary results in an administrative review, or 14 days
before verification, whichever is earlier.
(i) Upon receipt of factual information under this subsection, the
Secretary will issue a memorandum accepting or rejecting the
information and, to the extent practicable, will provide written notice
stating the reasons for rejection.
(ii) If the Secretary accepts the information, the Secretary will
issue a schedule providing deadlines for submission of factual
information to rebut, clarify or correct the factual information.
[FR Doc. 2012-16715 Filed 7-9-12; 8:45 am]
BILLING CODE 3510-DS-P