[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Notices]
[Page 35634-35635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-56]
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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:
webmaster-support@ita.doc.gov 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]