[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 80-82]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32332]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Parts 353, 355, and 356
[Docket No. 941264-4364]
RIN: 0625-AA45
Antidumping Duties; Countervailing Duties; Article 1904 of the
North American Free Trade Agreement
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Advance notice of proposed rulemaking and request for public
comments.
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SUMMARY: The Department of Commerce (``the Department'') intends to
initiate a rulemaking proceeding to conform the Department's existing
antidumping duty, countervailing duty, and NAFTA Article 1904
regulations to the Uruguay Round Agreements Act, which implemented the
results of the Uruguay Round multilateral trade negotiations. In
addition to conforming changes, the Department will be considering
other changes to the procedural and substantive provisions of the
antidumping and countervailing duty regulations. The overall objectives
of this rulemaking proceeding will be to: (1) translate the principles
of the implementing legislation into specific and predictable rules,
thereby facilitating the administration of these laws and providing
greater predictability for private parties affected by these laws; (2)
simplify and streamline the Department's administration of antidumping
and countervailing duty proceedings; (3) codify existing administrative
practice, to the extent such codification is appropriate and is
consistent with the first and second objectives; and (4) resolve any
inconsistencies in the Department's administrative practice.
DATES: The Department will consider written comments if received not
later than February 3, 1995. The Department will also consider written
responses to written comments if received not later than February 24,
1995.
ADDRESSES: Address written comments to Susan G. Esserman, Assistant
Secretary for Import Administration, Central Records Unit, Room B-099,
U.S. Department of Commerce, Pennsylvania Avenue and 14th Street, N.W.,
Washington, DC 20230. Comments should be addressed: Attention: Advance
Notice of Proposed Rulemaking/Uruguay Round Agreements Act. Each person
submitting a comment should include his or her name and address, and
give reasons for any recommendation.
FOR FURTHER INFORMATION CONTACT: William D. Hunter, (202) 482-4412, or
David Mason Jr., (202) 482-4969.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 1994, President Clinton signed the Uruguay Round
Agreements Act, Pub.L. 103-465 (``the URAA''), into law. The URAA
implements the results of the Uruguay Round multilateral trade
negotiations. Among the agreements negotiated as part of the Uruguay
Round are the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 (``the Antidumping Agreement'') and
the Agreement on Subsidies and Countervailing Measures (``the Subsidies
Agreement''). The URAA, among other things, conforms the U.S.
antidumping and countervailing duty laws to the requirements of the
Antidumping Agreement and the Subsidies Agreement.
The Department is initiating a rulemaking proceeding to conform the
Department's existing regulations on antidumping duties, countervailing
duties, and Article 1904 of the North American Free Trade Agreement to
the provisions of the URAA. Although the Department expects that in
many instances amendments to existing regulations will be of a
conforming nature only, in the Statement of Administrative Action
accompanying H.R. 5110 (H.R. Doc. No. 316, Vol. 1, 103d Cong., 2d Sess.
(1994)), the Administration committed the Department to flesh out
through regulation certain provisions of the bill.
In addition to regulations implementing the URAA, the Department
intends to use this opportunity to proceed further with certain
rulemaking proceedings on which work was suspended pending the
completion of the Uruguay Round. These proceedings are listed below. In
the Semiannual Unified Agenda of Federal Regulations, published on
April 25, 1994 (59 FR 20136), the Department indicated that these
rulemaking proceedings had been withdrawn, but that it intended to
address the subject matter covered by these rulemaking proceedings as
part of a new, consolidated rulemaking proceeding which, among other
things, would conform the antidumping and countervailing duty
regulations to anticipated legislation implementing the Uruguay Round.
The withdrawn rulemaking proceedings were:
Antidumping Duties [RIN: 0625-AA29]: On February 1, 1989
(54 FR 5092), the Department published an Advance Notice of Proposed
Rulemaking concerning regulations that would have codified existing
administrative practice with respect to the identification and
measurement of dumping.
Countervailing Duties [RIN: 0625-AA31]: On May 31, 1989
(54 FR 23366), the Department published a Notice of Proposed Rulemaking
that would have codified existing administrative practice with respect
to the identification and measurement of subsidies.
Antidumping and Countervailing Duties; Significant
Ministerial Errors [RIN: 0625-AA35]: On January 10, 1992 (57 FR 1131),
the Department published a Notice of Proposed Rulemaking setting forth
the circumstances in which the Department would correct significant
ministerial errors made in preliminary antidumping and countervailing
duty determinations.
Antidumping Duties; Methodologies for Assessment
Instructions [RIN: 0625-AA36]: On December 5, 1991 (56 FR 6396), the
Department published an Advance Notice of Proposed Rulemaking regarding
regulations which would have changed and/or codified existing
administrative practice to simplify and streamline the collection of
estimated antidumping duties and the assessment of antidumping duties.
Antidumping Duties; Calculation of Weighted Average
Dumping Margin [RIN: 0625-AA39]: The Department had considered
initiating a rulemaking proceeding which would have addressed a problem
in the Department's calculation of weighted-average dumping margins
caused by the Department's treatment of adjustments for indirect taxes.
See 59 FR 20156-57.
Antidumping Duties; Period of Investigation [RIN: 0625-
AA41]: The Department had considered initiating a rulemaking proceeding
to amend the Department's antidumping regulations with respect to the
period covered by an antidumping investigation. See 59 FR 20157.
[[Page 81]]
Procedures for Imposing Sanctions for Providing False
Certifications in an Antidumping or Countervailing Duty Proceedings
[RIN: 0625-AA42]: The Department had considered initiating a rulemaking
proceeding that would have established standards for finding
certifications to be false, the sanctions that could be imposed, and
the procedures for imposing sanctions. See 59 FR 20157-58.
As part of its consolidated rulemaking proceeding, the Department
intends to review the subject matter of the withdrawn rulemaking
proceedings in light of the URAA and other developments in the
antidumping and countervailing duty laws. One of the purposes of this
review will be to determine whether the problems identified in the
above rulemaking proceedings remain, and, if so, whether they should be
addressed by regulations.
The overall objectives of this consolidated rulemaking proceeding
will be to: (1) translate the principles of the URAA into specific and
predictable rules, thereby facilitating the administration of these
laws and providing greater predictability for private parties affected
by these laws; (2) simplify and streamline, to the extent permitted by
law, the Department's administration of antidumping and countervailing
duty proceedings; (3) codify existing administrative practice, to the
extent such codification is appropriate and is consistent with the
first and second objectives; and (4) resolve any inconsistencies in the
Department's administrative practice.
Timetable
The Department intends to issue a comprehensive set of proposed
regulations by June 30, 1995. These comprehensive regulations will
address the objectives described above, and an opportunity for public
comment will be provided. The Department intends to issue a
comprehensive set of final regulations by January 1, 1996. These final
regulations will replace the interim-final regulations described in the
following paragraph.
The URAA became effective January 1, 1995, and applies to
investigations initiated as a result of petitions filed on or after
that date, and administrative reviews requested on or after that date.
To facilitate the administration of the new law, the Department intends
to issue interim-final regulations that will amend the existing
regulations where they are clearly at odds with the URAA, and where
regulations are essential to administration of the new law. These
interim-final regulations will be effective upon publication and will
govern the Department's handling of antidumping and countervailing duty
proceedings pending the promulgation of final rules described above.
The interim-final regulations will make plain that where the URAA, as
amplified by the Statement of Administrative Action, is in conflict
with the existing regulations, the new statute will prevail.
Request for Comments
The conclusion of the Uruguay Round and the enactment of
implementing legislation offer an appropriate time for the Department
and the public to reexamine the Department's existing antidumping and
countervailing duty regulations. The objectives described above
encompass all aspects of the Department's administration of the
antidumping and countervailing duty laws.
However, it should be emphasized that the Department has not
reached any conclusions concerning any of these subjects. Instead,
before issuing proposed regulations, the Department wishes to receive
public comments on all aspects of the Department's administration of
the antidumping and countervailing duty laws. The Department believes
that such public comment will improve its understanding of the issues
and problems that need to be addressed. Therefore, interested persons
are invited to address any issue of law, policy, or procedure, and to
suggest appropriate amendments to the antidumping duty, countervailing
duty, and NAFTA regulations for consideration by the Department.
Format and Number of Copies
Parties should submit comments in the following format: (1) number
each comment in accordance with the number designated for that issue as
indicated in the list of issues set forth below; (2) begin each comment
on a separate page; (3) concisely state the issue identified and
discussed in the comment; and (4) provide a brief summary of the
comment (a maximum of 3 sentences) and label this section ``summary of
the comment.''
To simplify the processing and distribution of these comments,
parties are encouraged to submit documents in electronic form
accompanied by an original and one paper copy. All documents filed in
electronic form must be on DOS formatted 3.5'' diskettes, and must be
prepared in either WordPerfect format or a format that the WordPerfect
program can convert and import into WordPerfect. Each comment submitted
should be on a separate file on the diskette and labeled by the number
designated for that issue based upon the list of issues outlined below.
Comments received on diskette by the due date will be made
available to the public on Internet. In addition, the Department will
make comments available to the public on 3.5'' diskettes at cost, and
paper copies available for reading and photocopying in Room B-099 of
the Central Records Unit. Questions concerning file formatting,
document conversion, Internet address, or other filing requirements
should be addressed to Andrew Lee Beller, Director of Central Records,
(202) 482-1248.
Classification of Issues for Comment
Countervailing Duty Issues
1. Grants, loans, equity, loan guarantees, and debt forgiveness
(including benchmarks and discount rates);
2. Tax programs (not including rebates of indirect taxes on export,
which is included in category number five below);
3. Government provision/procurement (including adequate
remuneration);
4. Indirect subsidies, privatization, and upstream subsidies;
5. Export subsidies (e.g., subsidies included in the Illustrative
List);
6. Import substitution subsidies, worker benefits, and subsidies on
agricultural products;
7. Specificity and infrastructure;
8. Green light subsidies and subsidies enforcement;
9. Allocation;
10. CVD methodology issues other than those outlined above.
Antidumping Issues
11. Comparison Methodology:
a. Viablility, third-country sales, intermediate country sales, and
tolling;
b. Constructed export price deductions and value-added deductions;
c. Normal value adjustments;
d. Level of trade matching, level of trade adjustments, and
constructed export price offset;
12. Start-up;
13. Profit and selling, general and administrative expenses in
constructed value;
14. Sales below cost of production and constructed value generally;
15. Currency conversion;
16. Price averaging;
17. Anticircumvention;
18. Affiliated parties (address separately for AD and
CVD); [[Page 82]]
19. AD methodology issues other than those outlined above;
Procedural Issues
20. Initiation of petitions;
21. Evidence;
22. Facts available;
23. De Minimis (address separately for AD and CVD);
24. Reviews, other than five-year reviews (if specific to AD or
CVD, please specify);
25. Five-year reviews and revocation;
26. Repeal of Section 303;
27. Regional industries;
28. Critical circumstances;
29. Simplification;
30. Business proprietary information and administrative protective
orders;
31. Ministerial errors;
32. Procedural issues other than those outlined above;
33. Other issues.
List of Subjects in 19 CFR Parts 353, 355, and 356
Business and industry, Foreign trade, Imports, Trade practices.
Dated: December 27, 1994.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-32332 Filed 12-30-94; 8:45 am]
BILLING CODE 3510-DS-P