[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53205-53207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19443]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351


Scope Ruling Application; Annual Inquiry Service List; and 
Informational Sessions

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Notification and guidance.

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SUMMARY: On September 20, 2021, the Department of Commerce (Commerce) 
published the final rule entitled ``Regulations to Improve 
Administration and Enforcement of Antidumping and Countervailing Duty 
Laws'' in the Federal Register (Final Rule). In the Final Rule, 
Commerce explained that it would make available an application for 
parties to fill out and submit to request a scope inquiry and ruling 
and that it would provide additional instruction on the procedures for 
the annual inquiry service list, as appropriate. This document provides 
further information on the availability of the scope ruling application 
through Commerce's website and the additional procedures to request 
placement on the annual inquiry service list. In addition, Commerce is 
notifying the public that it intends to place additional information on 
its website and hold informational sessions on the Final Rule.

DATES: Effective September 27, 2021. See SUPPLEMENTARY INFORMATION for 
further information on relevant dates for the annual inquiry service 
list.

FOR FURTHER INFORMATION CONTACT: Any questions related to the annual 
inquiry service list should be submitted to the APO/Dockets Unit 
(Attention: Evangeline Keenan) at (202) 482-4920 or 
[email protected]. Electronic filing questions should be submitted 
to [email protected]. For all other questions regarding the Final Rule, 
please contact the Enforcement & Compliance Communications office 
(Attention: Dana Moreland) at (202) 482-0063 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 13, 2020, Commerce published proposed amendments to its 
existing regulations, 19 CFR part 351, to strengthen and improve the 
administration and enforcement of the antidumping and countervailing 
duty laws.\1\ On September 20, 2021, Commerce published the Final 
Rule.\2\ In the Final Rule, Commerce established revised regulations 
(19 CFR 351.225) which describe the applicable procedures and standards 
concerning scope inquiries and scope rulings regarding whether a 
product is covered by the scope of a particular antidumping or 
countervailing duty order. In addition, Commerce established new 
regulations for circumvention inquiries conducted under section 781 of 
the Tariff Act of 1930, as amended (the Act) (new 19 CFR 351.226).
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    \1\ Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 85 FR 49472 (August 13, 
2020) (Proposed Rule).
    \2\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
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Scope Ruling Application

    Revised section 351.225(c) details the procedures and requirements 
for an interested party to fill out and submit a scope ruling 
application, and further provides that Commerce will make a scope 
ruling application available to the public. In accordance with revised 
section 351.225(d), if a completed scope ruling application is 
accepted, Commerce will initiate a scope inquiry.
    Commerce is notifying parties that the scope ruling application may 
be found at https://www.trade.gov/review-or-submit-adcvd-proceedings-documents or https://access.trade.gov/Resources/ADCVD_Resources.aspx.

Annual Inquiry Service List

    Revised Sec.  351.225(c) and (n)(1) provide that an interested 
party that submits a scope ruling application must serve a copy of the 
application on all persons on the annual inquiry service list for that 
order, as well as any companion order covering the same merchandise 
from the same country of origin, as described in revised section 
351.225(m)(2). Revised Sec.  351.225(n)(2) and (3) describe the 
procedures for the ``annual inquiry service list,'' discussed further 
below. Similarly, new Sec.  351.226(c) and (n)(1) state that an 
interested party that submits a request for a circumvention inquiry 
must serve a copy of the request on all persons on the annual inquiry 
service list for that order, as well as any companion order covering 
the same merchandise from the same country of origin, as described in 
new Sec.  351.226(m)(2). Lastly, revised section 351.225(n)(4) and new 
Sec.  351.226(n)(2) provide that once a scope or circumvention inquiry 
has

[[Page 53206]]

been initiated, a segment-specific service list will be established.
    As discussed in the Final Rule, Commerce is notifying parties of 
the initial procedures for the establishment of the annual inquiry 
service list for each antidumping and countervailing duty order.\3\ 
Upon publication of this document, Commerce will begin to create an 
annual inquiry service list for each active antidumping and 
countervailing duty order and suspended investigation in its online e-
filing and document management system, Antidumping and Countervailing 
Duty Electronic Service System (ACCESS), available at https://access.trade.gov. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \4\
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    \3\ See Final Rule, 86 FR 52300 at 52335 (stating that, after 
the Final Rule's publication, Commerce ``intends to provide 
additional instruction to interested parties on the procedures for 
the annual inquiry service list, as appropriate.'')
    \4\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 which 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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Establishment of the Annual Inquiry Service Lists

    Beginning September 27, 2021, and until October 27, 2021, an 
interested party may request to be added to the annual inquiry service 
list by submitting in ACCESS an entry of appearance in the annual 
inquiry service list segment of any order in which it qualifies as an 
interested party under 19 CFR 351.102(b)(2)(i) through (ix). 
Instructions on how to submit an entry of appearance are available at 
https://access.trade.gov/help/Rel_4_External_User_Guide.pdf. No later 
than November 4, 2021 (the effective date of the Final Rule for 19 CFR 
351.225 (scope) and 19 CFR 351.226 (circumvention)), Commerce will 
generate an annual inquiry service list for each order and suspended 
investigation based on the entries of appearance submitted by the 
interested parties. As discussed further below, to be included in the 
initial creation of the annual inquiry service list, all interested 
parties, including petitioners and governments of foreign countries 
must follow these procedures and submit an initial entry of appearance.

Annual Updates to the Annual Inquiry Service Lists

    After the initial creation of the annual inquiry service lists for 
all active orders and suspended investigations, Commerce will update 
each annual inquiry service list on an annual basis beginning January 
2022. Each year during the anniversary month of an order or suspended 
investigation, Commerce will include in the monthly Notice of 
Opportunity to Request Administrative Review published in the Federal 
Register (Opportunity Notice), a notification to all interested parties 
of their opportunity to submit an entry of appearance to be placed on 
the annual inquiry service list for those orders included in that 
month's Opportunity Notice. Any interested party that did not 
previously appear on the annual inquiry service list can submit a new 
entry of appearance at this time.
    In accordance with 19 CFR 351.225(n)(3), with the exception of 
petitioners and foreign governments (discussed below), all interested 
parties who previously appeared on an annual inquiry service list and 
wish to appear on the list for the next year will need to submit an 
amended entry of appearance in ACCESS after the Opportunity Notice 
publishes. Commerce will change the status of all entries of appearance 
filed in ACCESS during the initial creation of the annual inquiry 
service list from ``Active'' to ``Needs Amendment.'' Each interested 
party may take this opportunity to make any necessary amendments (e.g., 
changes to client list, lead attorney or contact person) at this time. 
If no amendments are needed, but the interested party wishes to be 
added to the list for the next year, it must indicate in the electronic 
entry of appearance form that it is renewing its request to be added to 
the annual inquiry service list for the next year, and then submit it. 
At that time, the status will be changed to ``In Progress.'' When 
Commerce approves the amended entry of appearance, it will change the 
status to ``Active'' and add the interested party to the annual inquiry 
service list.
    Similar to the deadlines to submit requests for administrative 
review set out in the Opportunity Notice, interested parties will have 
until the last day of the anniversary month to submit a new entry of 
appearance for the annual inquiry service list or to amend its existing 
entry of appearance to be included in the new annual inquiry service 
list. If an interested party does not amend or resubmit its existing 
entry of appearance, the status will be set to ``Inactive,'' and the 
interested party will be omitted from the annual inquiry service list 
for the next year. No later than five business days after the last day 
of the anniversary month, Commerce will update the annual inquiry 
service lists for all orders included in the Opportunity Notice.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \5\ Accordingly, as stated 
above, petitioners and foreign governments should submit their initial 
entry of appearance after publication of this notice in order to appear 
in the first annual inquiry service list for those orders for which 
they qualify as an interested party. Pursuant to 19 CFR 351.225(n)(3), 
petitioners and foreign governments will not need to resubmit their 
entries of appearance each year to continue to be included on the 
annual inquiry service. However, petitioners and foreign governments 
are responsible for making amendments to their entries of appearance 
during the annual update to the annual inquiry service list in 
accordance with the procedures described above.
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    \5\ Id., 86 FR 52300 at 52335-36 (``Commerce intends to provide 
additional instruction to interested parties on the procedures for 
the annual inquiry service list, as appropriate, with special 
instructions for petitioners and foreign governments. Specifically, 
once the petitioners and foreign governments have submitted their 
initial requests to be added to the first annual inquiry service 
list for a given proceeding, it is reasonable to automatically add 
them in each subsequent year to the list when the annual service 
list for the proceeding is updated. To be clear, the first time a 
petitioner or foreign government wishes to be included on an annual 
inquiry service list, it will be incumbent upon the petitioner or 
foreign government to request Commerce to include them on the list. 
However, after that first time, inclusion for them will be 
automatic. Additionally, after initial inclusion on the annual 
inquiry service list, it is also incumbent upon the petitioner or 
foreign government to notify Commerce of any changes to its 
information.'')
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Other Information

    For new orders and suspended investigations whose Federal Register 
notices are published after the date of this document, Commerce will 
create an annual inquiry service list segment in ACCESS within five 
business days of publication of the notice of order or suspended 
investigation. Interested parties will have 30 days after the date of 
publication to submit an entry of appearance to be added to the new 
annual inquiry service list, and Commerce will finalize the annual

[[Page 53207]]

inquiry service list within five business days thereafter. As mentioned 
above, these new lists will be updated the next year, when the 
Opportunity Notice for the relevant anniversary month is published, as 
described above.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove interested parties or to update contact 
information. Any changes or announcements pertaining to these 
procedures will be posted to the ACCESS website at https://access.trade.gov.
    Parties are also reminded that the procedures detailed above only 
pertain to the annual inquiry service list described in revised Sec.  
351.225(n) and new Sec.  351.226(n). There are separate procedures for 
segment-specific service lists for scope and circumvention inquiries. 
Segment-specific service lists are established and revised as parties 
file their entries of appearance in that segment. These procedures are 
detailed in revised Sec.  351.103(d), revised Sec.  351.225(n)(4) 
(scope), and new Sec.  351.226(n)(2) (circumvention).

Informational Sessions

    E&C's website at https://www.trade.gov/2021-adcvd-regulations-update will contain additional information regarding the Final Rule. In 
addition, the website will provide information on dates and times of 
informational sessions regarding the Final Rule which Commerce intends 
to provide to the public, as well as information on how to register 
for, and participate in, those informational sessions. Whether the 
sessions are virtual or in person, there will be a limited number of 
spots available for participation. Therefore, the public should review 
the information set forth on the website regarding availability.

    Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19443 Filed 9-24-21; 8:45 am]
BILLING CODE 3510-DS-P