[Federal Register Volume 90, Number 60 (Monday, March 31, 2025)]
[Rules and Regulations]
[Pages 14205-14206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05481]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 250221-0016]
RIN 0625-AB25
Regulations Enhancing the Administration of the Antidumping and
Countervailing Duty Trade Remedy Laws; Correction
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Final rule; correction.
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SUMMARY: On December 16, 2024, the U.S. Department of Commerce
(Commerce) issued a final rule amending its antidumping and
countervailing duty regulations. However, certain regulatory language
in the Code of Federal Regulations (CFR) was inadvertently deleted, an
incorrect punctuation mark was used, and a letter was left off a word.
This correction restores the deleted language to the relevant
regulation and corrects the typographical errors.
DATES: Effective March 31, 2025.
FOR FURTHER INFORMATION CONTACT: Scott D. McBride, Associate Deputy
Chief Counsel for Trade Enforcement and Compliance, or Jesus Saenz,
Senior Attorney, at (202) 482-6292 or (202) 482-1823, respectively.
SUPPLEMENTARY INFORMATION: On December 16, 2024, Commerce published a
final rule amending its antidumping and countervailing duty
regulations. (89 FR 101694). In the proposed rule, Commerce indicated
that it was amending the initial paragraph of 19 CFR 351.301(c)(1) to
remove an outdated reference to Sec. 351.204(d)(2) and replace it with
new Sec. 351.109(h)(2) (89 FR at 57322). No party commented on this
change, and in the final rule Commerce adopted the same regulatory
language as set forth in the proposed rule (89 FR at 101763). Due to an
error in how the agency described the change in the rule's directions
for revising the CFR, however, rather than simply changing the language
of the initial paragraph, paragraphs (i), (ii), (iii), (iv), and (v) of
Sec. 351.301(c)(1) were deleted from the CFR. Those paragraphs provide
necessary information including deadlines for questionnaire responses,
supplemental questionnaire responses, and other submissions, and were
never intended by Commerce to be removed from the regulation.
Accordingly, this amendment corrects Sec. 351.301(c)(1) and adds back
in paragraphs (i) through (v).
In addition, in 351.109(c)(1) a comma was mistakenly used to
separate two sentences instead of a period. Furthermore, Sec.
351.301(c)(3)(i)(A) contained the word ``schedule,'' when in fact the
intended word for the sentence was ``scheduled.'' This amendment
corrects both typographical errors.
Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), Commerce finds good
cause to conclude that notice and public comment and the 30-day delay
in the effective date are unnecessary and contrary to the public
interest. As described above, the public already had an opportunity to
comment on the Secretary's proposed edit to 351.301(c)(1), and no one
commented on that change. Therefore, providing notice and opportunity
for public comment on this correction is unnecessary. A 30-day delay in
the effective date is unnecessary and contrary to the public interest
because the agency is correcting a non-substantive error, the public
was already provided prior notice and opportunity to comment, and the
absence of paragraphs (i) through (v) from the provision is leading to
unnecessary public confusion.
Because prior notice and opportunity for public comment and a 30-
day delay in the effective date are not required for this rule by 5
U.S.C. 553, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are inapplicable.
List of Subjects in 19 CFR Part 351
Administrative practice and procedure, Antidumping, Business and
industry, confidential business information, Countervailing duties,
Investigations, Imports, Reporting and recordkeeping requirements.
Dated: March 25, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
19 CFR part 351 is corrected by making the following correcting
amendments:
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES
0
1. The authority citation for 19 CFR part 351 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303
note; 19 U.S.C. 1671 et seq.
0
2. In Sec. 351.109, revise paragraph (c)(1) to read as follows:
Sec. 351.109 Selection of examined respondents; single-country
subsidy rate; calculating an all-others rate; calculating rates for
unexamined respondents; voluntary respondents.
* * * * *
(c) * * *
(1) In general. If the Secretary determines in an investigation or
administrative review that it is not practicable to determine
individual dumping margins or countervailable subsidy rates because of
the large number of exporters or producers involved in the
investigation or review, the Secretary may determine individual margins
or rates for a reasonable number of exporters or producers. In
accordance with sections 777 A(c)(2) and 777 A(e)(2)(A) of the Act, the
Secretary will normally limit the examination to either
[[Page 14206]]
a sample of exporters or producers that the Secretary determines is
statistically valid based on record information or exporters and
producers accounting for the largest volume of the subject merchandise
from the exporting country that the Secretary determines can be
reasonably examined.
0
3. In Sec. 351.301 revise paragraphs (c)(1) and (c)(3)(i)(A) to read
as follows:
Sec. 351.301 Time limits for submission of factual information.
* * * * *
(c) * * *
(1) Factual information submitted in response to questionnaires.
During a proceeding, the Secretary may issue to any person
questionnaires, which includes both initial and supplemental
questionnaires. The Secretary will not consider or retain in the
official record of the proceeding unsolicited questionnaire responses,
except as provided under Sec. 351.109(h)(2), or untimely filed
questionnaire responses. The Secretary will reject any untimely filed
or unsolicited questionnaire response and provide, to the extent
practicable, written notice stating the reasons for rejection (see
Sec. 351.302(d)).
(i) Initial questionnaire responses are due 30 days from the date
of receipt of such
questionnaire. The time limit for response to individual sections
of the questionnaire, if the Secretary requests a separate response to
such sections, may be less than the 30 days allotted for response to
the full questionnaire. In general, the date of receipt will be
considered to be seven days from the date on which the initial
questionnaire was transmitted.
(ii) Supplemental questionnaire responses are due on the date
specified by the Secretary.
(iii) A notification by an interested party, under section
782(c)(1) of the Act, of difficulties in submitting information in
response to a questionnaire issued by the Secretary is to be submitted
in writing within 14 days after the date of the questionnaire or, if
the questionnaire is due in 14 days or less, within the time specified
by the Secretary.
(iv) A respondent interested party may request in writing that the
Secretary conduct a questionnaire presentation. The Secretary may
conduct a questionnaire presentation if the Secretary notifies the
government of the affected country and that government does not object.
(v) Factual information submitted to rebut, clarify, or correct
questionnaire responses. Within 14 days after an initial questionnaire
response and within 10 days after a supplemental questionnaire response
has been filed with the Department, an interested party other than the
original submitter is permitted one opportunity to submit factual
information to rebut, clarify, or correct factual information contained
in the questionnaire response. Within seven days of the filing of such
rebuttal, clarification, or correction to a questionnaire response, the
original submitter of the questionnaire response is permitted one
opportunity to submit factual information to rebut, clarify, or correct
factual information submitted in the interested party's rebuttal,
clarification or correction. The Secretary will reject any untimely
filed rebuttal, clarification, or correction submission and provide, to
the extent practicable, written notice stating the reasons for
rejection (see Sec. 351.302). If insufficient time remains before the
due date for the final determination or final results of review, the
Secretary may specify shorter deadlines under this section
* * * * *
(3) * * *
(i) Antidumping and countervailing duty investigations.
(A) All submissions of factual information to value factors of
production under Sec. 351.408(c) in an antidumping investigation are
due no later than 60 days before the scheduled date of the preliminary
determination.
* * * * *
[FR Doc. 2025-05481 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P