[Federal Register Volume 65, Number 15 (Monday, January 24, 2000)]
[Notices]
[Pages 3654-3658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1654]



[[Page 3654]]

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DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Reduction in the Size of Antidumping/Countervailing 
Duty Federal Register Notices

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

ACTION:  Notice of Reduction in the Size of Federal Register Notices.

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SUMMARY:  On August 21, 1998, the Department of Commerce published a 
notice of intent to modify the manner in which its final determinations 
are made available to the public in an effort to reduce publishing 
costs. See 63 FR 44837. We proposed to publish a notice in the Federal 
Register (FR) announcing our final determinations in investigations and 
reviews and to make a decision memorandum available simultaneously on 
Import Administration's web page in which we would summarize comments 
and present our position on the issues.
    Based on our budget constraints and the widespread access to the 
Internet, we are proceeding with reducing the size of our FR notices 
and ensuring access to decision memoranda on our web page. Based on our 
analysis of the comments received in response to our August 21, 1998, 
proposal we have alerted traditional services such as Lexis and Westlaw 
to our plans and they have indicated that they will make the decision 
memoranda available to their clients in an electronically searchable 
format.

EFFECTIVE DATE:  February 15, 2000.

FOR FURTHER INFORMATION:  Please contact Laura Merchant or Laurie 
Parkhill, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th and Constitution Ave., NW, 
Washington, D.C. 20230, at (202) 482-0367 and (202) 482-4733, 
respectively.
    The Applicable Statute: Under section 771(i) of the Tariff Act of 
1930, as amended, the Department is required to make public the facts 
and conclusions of its determinations.
    Background: On August 21, 1998, the Department of Commerce (the 
Department) published a notice of intent to modify the manner in which 
its final determinations are made available to the public in efforts to 
reduce publishing costs. We invited parties to comment on our proposal. 
The Department has evaluated the proposed changes and the comments 
regarding those changes and has decided to implement the proposal.
    As described in the August 1998 proposal, final determinations will 
be divided into 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 web page. In addition, 
traditional services such as Lexis and Westlaw have indicated that they 
will make the decision memoranda available to their clients in an 
electronically searchable format. Access to paper copies of these 
documents will continue to be available through the IA Central Records 
Unit, room B-099 of the main Department building.
    The published notice will contain information relating to the 
Department's decisions, including margins, Department contacts, 
deadlines, cash-deposit requirements, and, for administrative reviews, 
the duty-assessment methodology. The notice will state explicitly that 
the public can find a paper copy of the discussion of the issues and 
relevant memoranda on file in the IA Central Records Unit and will also 
provide the public with an Internet address that will allow public 
access to the electronic version of these documents.
    The ``Issues and Decision Memorandum'' (Decision Memo) will contain 
the complete discussion of issues parties raise 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 
``Analysis of Comments'' section in current final determinations. 
Specifically, the Decision Memo will be a memorandum from a Deputy 
Assistant Secretary with a summary of comments received and the 
Department's position with respect to each of those comments. 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.
    Locating Memoranda on the Internet: We will make the Decision Memo, 
and, as applicable, other memoranda, such as a scope memorandum, 
available on IA's web page. These memoranda will be located in the 
electronic library of IA documents. The Internet address for the final 
notices and Decision Memo will be: ``www.ita.doc.gov/import__admin/
records/frn''. This address will take the user to a list of countries 
which contains electronic links to the FR notices and decision 
memoranda for each case pertaining to each country. Any special 
instructions parties might need to locate pertinent memoranda will be 
included in the FR notice. This index with links to relevant documents 
for each order will appear in the following sample format of the IA 
home page. The numbered items represent links to the corresponding 
documents.
[A-XXX-XXX]
Product
1. Final Results of Antidumping Duty Administrative Review (POR)
2. Decision Memorandum
(Published 00/00/200X)
    Examples of the FR document, Issues in Decision Memo, and Decision 
Memo are located in Appendices 1, 2, and 3 at the end of this notice.

Analysis of Comments Received

    Comment 1: All commenters urged the Department not to change its 
present policy of publication. They argue that the proposed change will 
make it more difficult, time-consuming, and costly to research 
Departmental precedents and policy because the IA web site does not 
contain adequate text-searching tools which are available on other 
services including the Government Printing Office (GPO) web site. They 
conclude that to ``publish'' a Decision Memo only on IA's web site 
would effectively deny meaningful access to the Department's decisions 
through the GPO site and other commercial research services. This 
change, they contend, will reduce the Department's current level of 
transparency to all parties. At a minimum, commenters urge IA to either 
include a robust text-searching tool on its web site and/or arrange for 
traditional research services such as Lexis and Westlaw to include the 
Department's complete decisions in their services.
    We have consulted with the traditional commercial services such as 
Westlaw and Lexis about our proposed changes. They have indicated that 
they will make IA's decision memoranda available through their services 
just as they make the FR Notices available to their customers. Access 
to IA's decision memoranda and related documents through traditional 
commercial services should mitigate these concerns. With this search 
capability and the wide availability of internet access, we believe 
that our decisions and policy will be more publicly available than is 
presently the case.
    Comment 2: We received one comment arguing that we are required by 
statute to publish the full facts and our conclusions in the FR.
    We disagree. The Department is required by section 771(i) of the 
Tariff Act of 1930, as amended, to make public its decisions and the 
basis of those decisions. Nowhere does the statute

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require the Department to publish its decision in a specific 
publication.
    The Department will continue to publish notices of final 
determinations containing all fundamental information relating to the 
Department's decisions. In addition, the Department will provide access 
to the electronic version of these documents through both the IA web 
site and through traditional commercial services. Paper copies will 
remain available through the IA Central Records Unit.
    Comment 3: Several commenters argued that the proposed change will 
affect the quality of advocacy and quality of Department decision-
making adversely because the Department will no longer be able to 
research electronically the entire set of its prior decisions.
    We disagree. Changing the location of publicly available documents 
should have little impact on the quality of advocacy or our decision-
making abilities. The Department's decision memoranda and related 
documents will continue to be available and accessible to the public 
through the IA web site, the Central Records Unit, and the traditional 
electronic research services.
    Comment 4: Several commenters contend that our proposed change 
could result in increased costs, including the cost of maintaining the 
new information on the IA web page. One commenter anticipated that the 
costs of maintaining the information on our web site will rise beyond 
savings we anticipate. Another argued that, if the Department's 
proposed changes were to cause a delay in the resolution of any 
Antidumping or Countervailing proceedings, the additional amount of 
interest payable for estimated duties incurred during the delay could 
exceed the savings in publication costs.
    We disagree. The information currently available in our FR notices 
will remain available to the public through other means, as well as 
continued access through Lexis and Westlaw, thereby providing the 
ability to research precedents and avoiding delay in access to the 
information. While the Department acknowledges additional effort may be 
involved in locating and tracing documents during the initial stages of 
transition to this new format, the technology and resources available 
should not increase time spent on researching Department decisions, 
policies, and precedents substantially. Any increased cost of 
conducting proceedings would not arise from changing the location of 
publicly available documents.
    We do not anticipate significantly increased maintenance costs. 
Moreover, we expect significant increased net savings resulting from 
lower publishing costs. Additional server space on the IA web site as 
well as time compiling the documents onto the web page and making 
electronic copies available to the public and any commercial services 
cost far less than continuing to publish lengthy documents in the 
Federal Register.
    Comment 5: We received several comments expressing a general fear 
of loss of access to IA decisions due to the unreliability of the 
Internet. Other commenters suggested that the availability of memoranda 
through the CRU is not an adequate substitute for access through the 
Internet. One commenter stressed the importance of continued 
availability of Department decisions in the CRU. Several comments noted 
that, unlike the IA web site, the GPO web site maintains searchable 
back issues of the FR from June 1980, from which the public may access 
and search Department decisions.
    We understand this concern and will strive whenever possible to 
create alternative access locations for all publicly available 
documents using the CRU and traditional commercial Internet services. 
The Department will continue to maintain its files of all publicly 
available information in the CRU.
    Contrary to what commenters contend, we believe that the historical 
information will be more publicly available than is presently the case. 
Lexis and Westlaw have indicated that they will include both the 
Department's FR notice and the accompanying Decision Memo in their 
databases which include information dating from 1980. Our Decision Memo 
and FR Notices will also be posted on the IA web site in addition to 
all of our FR notices published since 1995. In addition, all past and 
future FR Notices will remain on the GPO site.
    Comment 6: Many commenters pointed out that the IA web site does 
not have a full-text searching capability like the Lexis and Westlaw 
sites. They contend that, without such a searching tool, the 
availability of decision memoranda on the IA web site cannot substitute 
for these current services.
    As noted in response to Comment 1, the Department recognizes these 
concerns and has discussed solutions with Westlaw and Lexis to carry 
both the FR notice and the decision memoranda. In addition, the 
Department affirms its commitment to maintain an effective and user-
friendly web site available to any party that does not have access to 
these commercial services. In addition to any searching capabilities 
that we can incorporate into our web site, we will also post our FR 
notices and decision memoranda using meaningful indexes and links.
    Comment 7: Of great concern to all commenters is the lack of an 
effective search mechanism on IA's web site. We received comments 
suggesting that we include a search engine on our web site that is 
similar to the ones currently available through the leading commercial 
legal on-line services and the GPO web site. Three commenters suggested 
that, in addition to decision memoranda being posted on the Internet, 
prior decisions, disclosed orders, and interpretations of applicability 
in prior cases also be available through the web site, including all 
documents relevant to a particular case, a full history of agency 
analysis and actions, remand results, liquidation instructions, 
assessment rates in graphical format, and internal memoranda associated 
with each order.
    If possible, we will incorporate a robust search engine on the IA 
web site as a substitute to what is currently available on the GPO web 
site. While including all relevant documents in a particular case, such 
as remand results, liquidation instructions, and assessment rates might 
be a valuable research tool in some cases, we are not prepared to make 
such a commitment at this time. The IA web site is an extremely useful 
and important information dissemination tool and we strive to post as 
many public documents as feasible in a useful fashion.
    Comment 8: Several commenters proposed various indexing schemes to 
better identify and group documents on the IA web site for easy 
identification.
    We are sympathetic to the need to identify notices and decision 
memoranda quickly and effectively on the IA web site. We view our web 
site to be an integral part of our information-dissemination efforts 
and will arrange the information in a way that is both useful and easy 
to locate.
    Comment 9: We received one comment suggesting that, in lieu of our 
proposed changes to reduce the size of our final notices in the FR, 
subscription prices for the FR should be increased instead.
    It is not in the Department's power to increase subscription prices 
to the FR, which is maintained by a separate federal agency, nor does 
the Department receive proceeds from such subscriptions. Therefore, 
this point is irrelevant.
    Comment 10: We received two comments expressing concern over the 
simultaneous timing of the release of the Decision Memo on the Internet 
and

[[Page 3656]]

publication of the notice in the FR. These commenters feared 
simultaneous publication would not always run smoothly. One commenter 
suggested that publication of the notice alone should not be construed 
as satisfying our statutory obligation and that only when both 
documents are publicly available should our statutory obligation to 
publish our decisions be fulfilled. In addition, the commenter stressed 
the need to assign the exact same validity and importance of the on-
line documents as documents which are currently published in the FR.
    The Department has established procedures to ensure simultaneous 
release of documents on the Internet and in the FR. The Department will 
not consider its obligations fulfilled until both documents are 
available publicly.
    Comment 11: We received one comment expressing concern that 
interested parties may not continue to receive an advance copy of the 
notice for publication in the FR and the Decision Memo or that the 
Department may publish the FR Notice but not release the Decision Memo 
to the parties on the same day.
    The Department will continue to provide paper copies of the final 
notice and the Decision Memo to interested parties in advance of the 
date of publication of the FR notice under this new system.

Implementation

    The procedures outlined in this notice will be applied to all final 
determinations which are subject to a publication requirement and 
issued after February 15, 2000, the effective date of this notice. If 
necessary, additional information on procedures to follow for locating 
our decisions on the internet will be posted on the IA web site at 
www.ita.doc.gov/import__admin/records/. Any questions concerning file 
formatting, 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: January 13, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix 1--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.
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 citation). 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). (Standard scope language will appear here unless, for 
reasons of length, the complete scope description is in a separate 
memorandum. Such a memorandum will also be available on the IA web 
site.)

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 Memo) from (name), Deputy Assistant 
Secretary, Import Administration, to (name), 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 Memo, 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 the Central Records Unit, 
room B-099, of the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/
records/frn/, under the heading ``(Applicable Country).'' The paper 
copy and electronic version of the Decision Memo 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 Memo, which is on file 
in B-099 and available on the Web at www.ita.doc.gov/ import__admin/
records/frn/, under the heading ``(Applicable Country).''

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) percent 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 Memo, accessible in B-
099 and on the Web at www.ita.doc.gov/import__admin/records/frn/, 
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/frn/, 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
------------------------------------------------------------------------


[[Page 3657]]

    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 export price and constructed 
export price 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.

----------------------------------------------------------------------
(Name)
Assistant Secretary for Import Administration

----------------------------------------------------------------------
(Date)

Appendix 2--Issues in Decision Memo (Sample)

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. Miscellaneous 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 3--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 for Import Administration
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) from (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
    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 (brief 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__

[[Page 3658]]

----------------------------------------------------------------------
(Name)
    Assistant Secretary for Import Administration

----------------------------------------------------------------------
(Date)

[FR Doc. 00-1654 Filed 1-21-00; 8:45 am]
BILLING CODE 3510-DS-P