[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35634-35635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3213]


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DEPARTMENT OF COMMERCE

International Trade Administration


Timing of Assessment Instructions for Antidumping Duty Orders 
Involving Non-Market Economy Countries

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

ACTION: Request for comments.

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[[Page 35635]]

SUMMARY: The Department of Commerce (``Department'') is requesting 
comments on the appropriate timing for the issuance of assessment 
instructions for antidumping duties involving orders on non-market 
economy countries (``NMEs'') when a review has been requested of 
certain entities. This notice describes the two approaches we have 
followed, and requests comments on these approaches.

DUE DATE:  Comments must be submitted by July 15, 2005.

FOR FURTHER INFORMATION CONTACT: Nazak Nikakhtar, Special Assistant to 
Senior Enforcement Coordinator/International Trade Analyst, or Maureen 
Flannery, Senior International Trade Analyst, Office of China/NME 
Enforcement, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington DC, 20230, 202-482-9079 
or 202-482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The United States applies a retrospective assessment system under 
which final liability for antidumping duties is determined after 
merchandise is imported. The amount of duties to be assessed is 
determined either through (1) a review of the order covering the period 
of review (``POR'') based on a request for review or, (2) if a review 
is not requested, at the cash deposit, or bond, rate applicable at the 
time the merchandise was entered during that period corresponding to 
the POR. Sections 736(a)(1) and 751(a)(2)(c) of the Tariff Act of 1930, 
as amended (``the Act'') provide for such assessments. Section 351.212 
of the Department's regulations provides guidance regarding the 
assessment of duties:
    (1) If the Secretary does not receive a timely request for an 
administrative review of an order (see paragraph (b)(1), (b)(2), or 
(b)(3) of Sec.  351.213), the Secretary, without additional notice, 
will instruct the Customs Service to: (i) assess antidumping duties or 
countervailing duties, as the case may be, on the subject merchandise 
described in Sec.  351.213(e) at rates equal to the cash deposit of, or 
bond for, estimated antidumping duties or countervailing duties 
required on that merchandise at the time of entry, or withdrawal from 
warehouse, for consumption; and (ii) to continue to collect the cash 
deposits previously ordered.
    (2) If the Secretary receives a timely request for an 
administrative review of an order (see paragraph (b)(1), (b)(2), or 
(b)(3) of Sec.  351.213), the Secretary will instruct the Customs 
Service to assess antidumping duties or countervailing duties, and to 
continue to collect cash deposits, on the merchandise not covered by 
the request in accordance with paragraph (c)(1) of this section.
    (3) The automatic assessment provisions of paragraphs (c)(1) and 
(c)(2) of this section will not apply to subject merchandise that is 
the subject of a new shipper review (see Sec.  351.214) or an expedited 
antidumping review (see Sec.  351.215).\1\
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    \1\ For merchandise subject to a new shipper review, the 
Department will suspend liquidation of any unliquidated entries 
until the completion of the review. See 19 CFR 351.214(e).
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    See 19 CFR 351.212(c).
    Where there has been no request for a review, the Department issues 
assessment instructions after the end of the anniversary month of the 
order for both market economy and NME antidumping duty orders. See 19 
CFR 351.102(b) and 351.212(c)(1). If a review of certain entities has 
been requested, the Department, in market economy cases, sends out the 
assessment instructions for only those entities for which a review has 
not been requested shortly after the initiation notice is issued for 
the administrative review in accordance with 19 CFR 351.212(c)(2). In 
NME cases, the Department has followed two approaches for issuing 
assessment instructions for entries under the NME orders when a review 
has been requested of certain entities. One approach has been to issue 
assessment instructions at the completion of the review for all entries 
from entities for which a specific review had not been requested and 
which are subject to the NME-wide rate. The other approach has been to 
issue the assessment instructions at the beginning of the review, at 
the rate in effect on the date of entry, for all entries except those 
entries from the specific entities for which a review was requested and 
initiated.

Proposal

    The Department is seeking comments on whether (1) the Department 
should issue assessment instructions after the initiation of an 
administrative review for entries from foreign entities subject to the 
NME-wide rate and for which the Department did not receive a specific 
request for review or (2) the Department should issue assessment 
instructions at the conclusion of an administrative review both for 
entries for which a specific request was made and for entries from 
foreign entities subject to the NME-wide rate and for which the 
Department did not receive a specific request for review.

Comments

    Persons wishing to comment should file a signed original and six 
copies of each set of comments by the date specified above. The 
Department will consider all comments received by July 15, 2005. 
Consideration of comments received after July 15, 2005 cannot be 
assured. The Department will not accept comments accompanied by a 
request that a part or all of the material be treated confidentially 
because of its business proprietary nature or for any other reason. The 
Department will return such comments and materials to the persons 
submitting the comments and will not consider them in development of 
any changes to its practice. All comments responding to this notice 
will be a matter of public record and will be available for public 
inspection and copying at Import Administration's Central Records Unit, 
Room B-099, between the hours of 8:30 a.m. and 5 p.m. on business days. 
The Department requires that comments be submitted in written form. The 
Department recommends submission of comments in electronic form to 
accompany the required paper copies. Comments filed in electronic form 
should be submitted either by e-mail to the webmaster below or on CD-
ROM as comments submitted on diskettes are likely to be damaged by 
postal radiation treatment.
    Written comments (original and six copies) should be sent to Joseph 
A. Spetrini, Acting Assistant Secretary for Import Administration, U.S. 
Department of Commerce, Central Records Unit, Room 1870, 14th Street 
and Constitution Avenue, Washington, DC 20230. Comments received in 
electronic form will be made available to the public in Portable 
Document Format (PDF) on the Internet at the Import Administration 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 email address: 
[email protected] or by telephone at (202) 482-0866.

    Dated: June 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3213 Filed 6-20-05; 8:45 am]
BILLING CODE: 3510-DS-S