[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Notices]
[Pages 44837-44840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22547]


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DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Intent to Modify Format of Antidumping/Countervailing 
Duty Federal Register Notices

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

ACTION: Notice of Intent; Request for Comments.

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SUMMARY: The Department of Commerce is announcing its intent to modify 
the manner in which its final determinations are made available to the 
public. Due to the mounting costs of publishing complete determinations 
in the Federal Register and wide-spread access to the World Wide Web, 
Import Administration intends to post portions of its notices on the 
Web simultaneously with the publication of a reduced-length Federal 
Register notice. This also will meet Department of Commerce obligations 
to make public the facts and conclusions of its determinations. 
Published below is a sample format for both the newly revised Federal 
Register notice as well as the generic format for documents we will 
make available on the Internet. We invite public comment on this 
proposal.

DATES: To be assured of consideration, written comments must be 
received not later than September 15, 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, D.C. 20230; 
Attention: Internet Posting.

FOR FURTHER INFORMATION CONTACT: Laurie Parkhill, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th and Constitution Avenue, NW, Washington, D.C. 20230, at 
(202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    This notice of intent deals with the format of antidumping/
countervailing duty Federal Register (FR) notices and the forum through 
which they are made available to the public. The revised format of the 
notice is intended to reduce substantially the length of a published 
notice and, correspondingly, to reduce the costs associated with 
publishing determinations. Under the current approach, publishing costs 
for fiscal 1998 are projected to reach approximately $900,000 because a 
published, final notice includes a complete discussion of all comments 
we receive and an explanation of our positions with respect to these 
comments. Comments and positions constitute the bulk of the notice. By 
making the discussion of comments available in another public forum, 
i.e., the World Wide Web, the length of the notice would be reduced in 
some cases by over 80 percent, and publishing costs would drop 
correspondingly.

Proposal

    A reduction in publishing costs becomes possible when final 
determinations are divided into at least two sections: (1) the notice 
to be published in the FR; and (2) an ``Issues and Decision 
Memorandum'' to be posted simultaneously on the Import Administration 
(IA) Web page. If it is appropriate to convert other portions of the 
final notice to a memorandum which can then be posted on the Web, e.g., 
a listing of prior scope determinations, we will do so.
    The published notice will contain all fundamental information 
relating to the Department's decisions, including margins, Department 
contacts, deadlines, cash-deposit requirements, and, for administrative 
reviews, the duty-assessment methodology. In addition, the notice will 
state explicitly that the public can find a paper copy of the 
discussion of the issues and, if applicable, other relevant memoranda 
on file in the IA Central Records Unit, room B-099. The notice will 
also provide the public with a Web address that will allow an 
interested party access to the electronic version of these documents, 
and it will contain an appendix that lists all issues that parties 
raised in case briefs and/or other issues that are detailed in the 
memoranda that are available on the Web.
    The ``Issues and Decision Memorandum'' (Decision Memo) will contain 
the complete discussion of issues raised in case and rebuttal briefs, 
and it will be adopted and incorporated by reference into the notice we 
publish in the FR. It will be identical in content to the current 
Analysis of Comments section, which constitutes the bulk of expenditure 
by IA for FR publications. Namely, the Decision Memo will be a memo 
from a Deputy Assistant Secretary to the Assistant Secretary with 
recommendations on positions for the Department to take in response to 
the comments parties made after the preliminary analysis. The Decision 
Memo will be available on the IA Web page simultaneously with the 
publication of the notice in the FR. We will follow this approach for 
all FR final notices regardless of the type of proceeding.

Accessibility of Information

    Given that we will provide the Web address clearly in the published 
FR notice where the public can find the relevant memoranda and the 
pervasiveness of the Web in law firms and other businesses, interested 
parties should not encounter any difficulty in locating this 
information. Thus, our determinations will be as accessible to the 
public as when the information is included in a traditionally published 
FR notice. This also will meet the Department's obligations to make 
public the facts and conclusions of its determinations in accordance 
with section 771(i) of the Tariff Act of 1930, as amended.

Locating Memoranda on the Web

    We will make the Decision Memo and, as applicable, other memoranda, 
such as a scope memorandum, available on IA's Web page. These memos 
will be located in the electronic library of IA documents. The majority 
of the Internet address, ``www.ita.doc.gov/import__admin/records,'' 
will remain the same for each notice. The last part of the address will 
contain, in order, the year the notice was published, followed by the 
month it was published, followed by the letters ``frn.'' A notice 
published in June 1998, for example, would have the address 
``www.ita.doc.gov/import__admin/records/9806frn.'' This address will 
take the user to a list of countries which contains electronic

[[Page 44838]]

links to all published IA notices and related memoranda for each case 
pertaining to each country. Any special instructions parties might need 
to locate pertinent memoranda will be in the FR notice.
    The Department will provide links to relevant documents for each 
order in the following sample format on the IA home page. Text in bold 
represents links to the corresponding documents.

[A-XXX-XXX]
Product
1. Final Results of Antidumping Duty Administrative Review
2. Decision Memorandum
(Published 00/00/199X)

Request for Comment

    The Department invites comments pertaining to its proposed formats 
for a modified FR notice and the companion information to be posted on 
the Web. Parties wishing to address these proposed formats should 
submit a signed original and six copies of each set of comments to the 
Assistant Secretary not later than September 15, 1998. All comments 
will be available for public inspection and photocopying in the IA's 
Central Records Unit, Room B-099, between the hours of 8:30 a.m. and 
5:00 p.m. on business days.
    Each person filing comments should include the submitter's name and 
address, and give reasons for any recommendations. To facilitate the 
Department's consideration of the comments, please submit them in the 
following format: (1) make reference to the specific proposed document 
to which the comment is directed; (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 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 name of the proposed 
document, i.e., ``Sample FR Document,'' ``Sample Decision Memo,'' and/
or ``General Comments.''
    Comments received on diskette will be made available to the public 
on the Web at the following address: ``http://www.ita.doc.gov/
import__admin/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 Web, or other electronic 
filing issues should be addressed to Andrew Lee Beller, IA Webmaster, 
at (202) 482-0866 or via e-mail at [email protected].

    Dated: August 14, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix I--Sample FR Document

    This will be published in the FR. (Please note that this sample 
reflects final results of an administrative review. All IA final 
determinations will be subject to this modified format.)

DEPARTMENT OF COMMERCE

International Trade Administration

[Case Number]

(Product) from (Country); Final Results of Antidumping Duty 
Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On (date), the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on (product) from (country). The merchandise covered by this 
order is (brief description). The review covers (number) 
manufacturers/exporters. The period of review is (date) through 
(date).
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results 
differ from the preliminary results. The final weighted-average 
dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of the Review.''

EFFECTIVE DATE: (Insert date of publication in the Federal Register)

FOR FURTHER INFORMATION CONTACT: (Analyst), Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C. 20230; telephone: (202) 482-XXXX.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made 
to the Act by the Uruguay Round Agreements Act (URAA). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (the Department's) regulations are to 19 CFR Part 351 
(1998).

Background

    On (date), the Department published the preliminary results of 
administrative review of the antidumping duty order on (product) 
from (country) (FR cite). The review covers (number) manufacturers/
exporters. The period of review (POR) is (date) through (date). We 
invited parties to comment on our preliminary results of review. At 
the request of certain interested parties, we held a public hearing 
on (date). The Department has conducted this administrative review 
in accordance with section 751 of the Act.

Scope of Review

    The product covered by this review is (product) and 
(description). For a detailed description of the products covered by 
the order, including a compilation of all pertinent scope 
determinations, see the ``Scope Memorandum,'' dated (date). This 
public document can be found, in full, either in Import 
Administration's Central Records Unit (Room B-099 of the main 
Commerce building (hereafter, B-099)) or on the Worldwide Web (the 
Web) at www.ita.doc.gov/import__admin/records/XXXXfrn, under the 
heading ``(Applicable Country).'' The paper copy and electronic 
version of the Scope Memorandum are identical in content.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and 
Decision Memorandum'' (Decision Memorandum) from (name), Deputy 
Assistant Secretary, Import Administration, to Robert S. LaRussa, 
Assistant Secretary for Import Administration, dated (date), which 
is hereby adopted and incorporated by reference into this notice. A 
list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memorandum, is attached 
to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in B-099. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at www.ita.doc.gov/import_admin/
records/XXXXfrn, under the heading ``(Applicable Country).'' The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Use of Facts Available (if necessary)

    For a discussion of our application of facts available, see the 
``Facts Available'' section of the Decision Memorandum, which is on 
file in B-099 and available on the Web at www.ita.doc.gov/
import__admin/records/XXXXfrn, under the heading ``(Applicable 
Country).''

[[Page 44839]]

Sales Below Cost in the Home Market (where applicable)

    The Department disregarded home market sales below cost for 
(names of firms) in these final results of review.

Duty Absorption (where applicable)

    We have determined that duty absorption has/has not occurred 
with respect to (name of firm) with respect to (XX) percentage of 
sales which this firm made through its U.S. affiliated party. For a 
discussion of our determination with respect to this matter, see the 
``Duty Absorption'' section of the Decision Memorandum, accessible 
in B-099 and on the Web at www.ita.doc.gov/import__admin/records/
XXXXfrn, under the heading ``(Applicable Country).''

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming or clerical errors with which we 
do not agree are discussed in the relevant sections of the 
``Decision Memorandum,'' accessible in B-099 and on the Web at 
www.ita.doc.gov/import__admin/records/XXXXfrn, under the heading 
``(Applicable Country).''

Final Results of Review

    We determine that the following percentage weighted-average 
margins exist for the period (date) through (date):

------------------------------------------------------------------------
                                                                Margin  
                   Manufacturer/exporter                      (percent) 
------------------------------------------------------------------------
(Company Name).............................................        XX.XX
(Company Name).............................................        XX.XX
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    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. With respect to both EP and CEP sales, we divided 
the total dumping margins for the reviewed sales by the total 
entered value of those reviewed sales for each importer. We will 
direct Customs to assess the resulting percentage margins against 
the entered Customs values for the subject merchandise on each of 
that importer's entries under the relevant order during the review 
period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of (product) from (country) entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, 
as provided by section 751(a)(1) of the Act: (1) the cash deposit 
rates for the reviewed companies will be the rates shown above 
except that, for firms whose weighted-average margins are less than 
0.5 percent and therefore de minimis, the Department shall require 
no deposit of estimated antidumping duties; (2) for previously 
reviewed or investigated companies not listed above, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) the cash deposit 
rate for all other manufacturers or exporters will continue to be 
(rate). This rate is the ``All Others'' rate from the LTFV 
investigation.
    These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to 
liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping 
duties.
    This notice also serves as the only reminder to parties subject 
to administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 771(i) of the Act.
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(Name) Assistant Secretary for Import Administration
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(Date)

Appendix II--Issues in Decision Memorandum (Sample)

(www.ita.doc.gov/import__admin/records/XXXXfrn, under the heading 
(``Applicable Country''))

Comments and Responses

1. Facts Available
2. Discounts, Rebates, and Price Adjustments
3. Circumstance-of-Sale Adjustments
    A. Technical Services and Warranty Expenses
    B. Credit
    C. Indirect Selling Expenses
4. Level of Trade
5. Cost of Production and Constructed Value
    A. Cost-Test Methodology
    B. Research and Development
    C. Profit for Constructed Value
    D. Affiliated-Party Inputs
    E. Abnormally High Profits
    F. Credit and Inventory Costs
    G. Other Issues
6. Further Manufacturing
7. Packing and Movement Expenses
8. Affiliated Parties
9. Sample Sales and Prototypes/Zero Price Transactions
10. Export Price and Constructed Export Price
11. Programming and Clerical Errors
12. Duty Absorption
13. Reimbursement
14. Tooling Revenue
15. Cash Deposit Financing
16. Misscllaneous Issues
    A. Ocean and Air Freight
    B. Burden of Proof
    C. HTS
    D. Certification of Conformance of Past Practice
    E. Pre-Existing Inventory
    F. Inland Freight
    G. Other Issues

Appendix III--Sample Decision Memo

    This will be available on IA's Web page.
(Case Number) AR X/XX-X/XX Public Document
MEMORANDUM TO: (Name) Assistant Secretary for Import Administration
FROM: (Name) Deputy Assistant Secretary
SUBJECT: Issues and Decision Memorandum for the Administrative 
Review of (product) from (country)--(date) through (date)

Summary

    We have analyzed the comments and rebuttals of interested 
parties in the (date) administrative review of the antidumping duty 
order covering (product) form (country). As a result of our 
analysis, we have made changes, including corrections of certain 
inadvertent programming and clerical errors, in the margin 
calculations. We recommend that you approve the positions we have 
developed in the Discussion of the Issues section of this 
memorandum. Below is the complete list of the issues in this 
administrative review for which we received comments and rebuttals 
by parties:
1. Facts Available
2. Discounts, Rebates, and Price Adjustments
3. Circumstance-of-Sale Adjustments
    A. Technical Services and Warranty Expenses
    B. Credit
    C. Indirect Selling Expenses
4. Level of Trade
5. Cost of Production and Constructed Value
    A. Cost-Test Methodology
    B Research and Development
    C. Profit for Constructed Value
    D. Affiliated-Party Inputs
    E. Abnormally High Profits
    F. Credit and Inventory Costs
    G. Other Issues
6. Further Manufacturing
7. Packing and Movement Expenses
8. Affiliated Parties
9. Sample Sales and Prototypes/Zero Price Transactions
10. Export Price and Constructed Export Price
11. Programming and Clerical Errors
12. Duty Absorption
13. Reimbursement
14. Tooling Revenue
15. Cash Deposit Financing
16. Miscellaneous Issues
    A. Ocean and Air Freight
    B. Burden of Proof
    C. HTS
    D. Certification of Conformance to Past Practice
    E. Pre-Existing Inventory

[[Page 44840]]

    F. Inland Freight
    G. Other Issues

Background

    On (date), the Department of Commerce (the Department) published 
the preliminary results of administrative review of the antidumping 
duty order on (product) from (country). The merchandise covered by 
this order is (description). The period of review (POR) is (date) 
through (date). We invited parties to comment on our preliminary 
results of review. At the request of certain interested parties, we 
held a public hearing on (date).

Discussion of the Issues

1. Facts Available

    Comment 1:
    Department's Position:

2. Discounts, Rebates, and Price Adjustments

    Comment 1:
    Department's Position:

3. Circumstance-of-Sale Adjustments

    Comment 1:
    Department's Position:
* * * * *

Recommendation

    Based on our analysis of the comments received, we recommend 
adopting all of the above positions and adjusting all related margin 
calculations accordingly. If these recommendations are accepted, we 
will publish the final results of review and the final weighted-
average dumping margins for all reviewed firms in the Federal 
Register.
AGREE____
DISAGREE____
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(Name) Assistant Secretary for Import Administration
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(Date)

[FR Doc. 98-22547 Filed 8-20-98; 8:45 am]
BILLING CODE 3510-DS-P