[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Notices]
[Pages 53104-53105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22946]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping Proceedings: Treatment of Section 201 Duties and 
Countervailing Duties

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

ACTION: Request for public comments.

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SUMMARY: The Department of Commerce is requesting comments on the 
appropriateness of deducting section 201 duties and countervailing 
duties from gross unit price in order to determine the applicable 
export price or constructed export price used in antidumping duty 
calculations.

DATES: To be assured consideration, initial comments must be received 
no later than thirty days from the date of publication of this notice. 
Rebuttal comments must be received no later than forty-five days from 
the date of publication of this notice.

ADDRESSES: Submit comments to James J. Jochum, Assistant Secretary for 
Import Administration, U.S. Department of Commerce, Central Records 
Unit, Room

[[Page 53105]]

1870, Pennsylvania Avenue and 14th Street, NW., Washington, DC 20230; 
Attention: Section 201 Duties.

FOR FURTHER INFORMATION CONTACT: Becky Erkul, Office of Policy, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, at (202) 482-1277.

Background

    Several parties have advocated that the Department deduct 
countervailing duties, as well as duties imposed under section 201 of 
the Trade Act of 1974 (section 201 duties), from export price (EP) and 
constructed export price (CEP) in calculations of dumping margins 
pursuant to sections 772(c)(2)(A) and 772(d) of the Tariff Act of 1930, 
as amended (the Act).
    Section 772(c)(2)(A) of the Act requires that the Department deduct 
from EP and CEP any United States import duties included in the price. 
This statutory deduction existed prior to the passage of the Uruguay 
Round Agreements Act (URAA), and the URAA did not modify it in any 
respect. In addition, section 772(d) of the Act requires the Department 
to deduct U.S. selling expenses from CEP. Once again, there was a 
similar statutory deduction for U.S. selling expenses under the pre-
URAA antidumping law.
    The Department is seeking comments on the appropriate treatment of 
section 201 duties and countervailing duties under these provisions in 
antidumping duty calculations.

Comments--Deadline, Format, and Number of Copies

    Parties wishing to comment should file a signed original and six 
copies of each set of initial and rebuttal comments. All comments will 
be available for public inspection and photocopying in the Import 
Administration's Central Records Unit, Room B-099, between the hours of 
8:30 a.m. and 5 p.m. on business days. Each person submitting a comment 
should include the commenter's name and address, and give reasons for 
any recommendations. In order to ensure timely and complete 
distribution of comments, the Department recommends the submission of 
initial and rebuttal comments in electronic form to accompany the 
required paper copies. Comments filed in electronic form should be 
submitted on a DOS formatted 3.5'' diskette, Iomega Zip disk, or 
Compact Disc (CD-R or CD-RW).
    Comments received in electronic form will be made available to the 
public in Portable Document Format (PDF) on the Internet at the IA Web 
site at the following address: http://ia.ita.doc.gov/.
    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, e-mail address [email protected].

Hearing

    After reviewing all comments and rebuttal comments, the Department 
will determine if a public hearing is warranted, and, if so, will 
announce a place and time for that hearing.

    Dated: September 3, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-22946 Filed 9-8-03; 8:45 am]
BILLING CODE 3510-DS-P