19 CFR 351.701 - Applicability dates.

Regulations last checked for updates: Oct 17, 2024

Title 19 - Customs Duties last revised: Sep 10, 2024

Collapse to view only § 351.701 - Applicability dates.

Table of Contents

§ 351.701 - Applicability dates.

§ 351.702 - Applicability dates for countervailing duty regulations.

Appendix - Annex I to Part 351—Deadlines for Parties in Countervailing Investigations

Appendix - Annex II to Part 351—Deadlines for Parties in Countervailing Administrative Reviews

Appendix - Annex III to Part 351—Deadlines for Parties in Antidumping Investigations

Appendix - Annex IV to Part 351—Deadlines for Parties in Antidumping Administrative Reviews

Appendix - Annex V to Part 351—Comparison of Prior and New Regulations

Appendix - Annex VI to Part 351—Countervailing Investigations Timeline

Appendix - Annex VII to Part 351—Antidumping Investigations Timeline

Appendix - Annex VIII-A to Part 351—Schedule for 90-Day Sunset Reviews

Appendix - Annex VIII-B to Part 351—Schedule for Expedited Sunset Reviews

Appendix - Annex VIII-C to Part 351—Schedule for Full Sunset Reviews

§ 351.701 - Applicability dates.

The regulations contained in this part 351 apply to all administrative reviews initiated on the basis of requests made on or after the first day of July, 1997, to all investigations and other segments of proceedings initiated on the basis of petitions filed or requests made after June 18, 1997 and to segments of proceedings self-initiated by the Department after June 18, 1997. Segments of proceedings to which part 351 do not apply will continue to be governed by the regulations in effect on the date the petitions were filed or requests were made for those segments, to the extent that those regulations were not invalidated by the URAA or replaced by the interim final regulations published on May 11, 1995 (60 FR 25130 (1995)). For segments of proceedings initiated on the basis of petitions filed or requests made after January 1, 1995, but before part 351 applies, part 351 will serve as a restatement of the Department's interpretation of the requirements of the Act as amended by the URAA.

§ 351.702 - Applicability dates for countervailing duty regulations.

(a) Notwithstanding § 351.701, the regulations in subpart E of this part apply to:

(1) All CVD investigations initiated on the basis of petitions filed after December 28, 1998;

(2) All CVD administrative reviews initiated on the basis of requests filed on or after the first day of January 1999; and

(3) To all segments of CVD proceedings self-initiated by the Department after December 28, 1998.

(b) Segments of CVD proceedings to which subpart E of this part does not apply will continue to be guided by the Department's previous methodology (in particular, as described in the 1989 Proposed Regulations), except to the extent that the previous methodology was invalidated by the URAA, in which case the Secretary will treat subpart E of this part as a restatement of the Department's interpretation of the requirements of the Act as amended by the URAA.

[63 FR 65417, Nov. 25, 1998]

Appendix - Annex I to Part 351—Deadlines for Parties in Countervailing Investigations

Day ¹	Event	Regulation
0 days	Initiation
31 days ²	Notification of difficulty in responding to questionnaire	351.301(c)(2)(iv) (14 days after date of receipt of initial questionnaire)
37 days	Application for an administrative protective order	351.305(b)(3)
40 days	Request for postponement by petitioner	351.205(e) (25 days or more before preliminary determination)
45 days	Allegation of critical circumstances	351.206(c)(2)(i) (20 days before preliminary determination)
47 days	Questionnaire response	351.301(c)(2)(iii) (30 days from date of receipt of initial questionnaire)
55 days	Allegation of upstream subsidies	351.301(d)(4)(ii)(A) (10 days before preliminary determination)
65 days (Can be extended)	Preliminary determination	351.205(b)(1)
72 days	Submission of proposed suspension agreement	351.208(f)(1)(B) (7 days after preliminary determination)
75 days ³	Submission of factual information	351.301(b)(1) (7 days before date on which verification is to commence)
75 days	Submission of ministerial error comments	351.224(c)(2) (5 days after release of disclosure documents)
77 days ⁴	Request to align a CVD case with a concurrent AD case	351.210(i) (5 days after date of publication of preliminary determination)
102 days	Request for a hearing	351.310(c) (30 days after date of publication of preliminary determination)
119 days	Critical circumstances allegation	351.206(e) (21 days or more before final determination)
122 days	Requests for closed hearing sessions	351.310(f) (No later than the date the case briefs are due)
122 days	Submission of briefs	351.309(c)(1)(i) (50 days after date of publication of preliminary determination)
125 days	Allegation of upstream subsidies	351.301(d)(4)(ii)(B) (15 days before final determination)
127 days	Submission of rebuttal briefs	351.309(d) (5 days after dead-line for filing case brief)
129 days	Hearing	351.310(d)(1) (2 days after submission of rebuttal briefs)
140 days (Can be extended)	Final determination	351.210(b)(1) (75 days after preliminary determination)
150 days	Submission of ministerial error comments	351.224(c)(2) (5 days after release of disclosure documents)
155 days	Submission of replies to ministerial error comments	351.224(c)(3) (5 days after filing of comments)
192 days	Order issued	351.211(b)

¹ Indicates the number of days from the date of initiation. Most of the deadlines shown here are approximate. The actual deadline in any particular segment of a proceeding may depend on the date of an earlier event or be established by the Secretary.

² Assumes that the Department sends out the questionnaire within 10 days of the initiation and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.

³ Assumes about 17 days between the preliminary determination and verification.

⁴ Assumes that the preliminary determination is published 7 days after issuance (i.e., signature).

Appendix - Annex II to Part 351—Deadlines for Parties in Countervailing Administrative Reviews

Day ¹	Event	Regulation
0 days	Request for review	351.213(b) (Last day of the anniversary month)
30 days	Publication of initiation notice	351.221(c)(1)(i) (End of month following the anniversary month)
66 days ²	Notification of difficulty in responding to questionnaire	351.301(c)(2)(iv) (14 days after date of receipt of initial questionnaire)
75 days	Application for an administrative protective order	351.305(b)(3)
90 days ³	Questionnaire response	351.301(c)(2)(iii) (At least 30 days after date of receipt of initial questionnaire)
120 days	Withdrawal of request for review	351.213(d)(1) (90 days after date of publication of initiation)
130 days	Request for verification	351.307(b)(1)(v) (100 days after date of publication of initiation)
140 days	Submission of factual information	351.301(b)(2)
245 days (Can be extended)	Preliminary results of review	351.213(h)(1)
282 days ⁴	Request for a hearing and/or closed hearing session	351.310(c); 351.310(f) (30 days after date of publication of preliminary results)
282 days	Submission of briefs	351.309(c)(1)(ii) (30 days after date of publication of preliminary results)
287 days	Submission of rebuttal briefs	351.309(d)(1) (5 days after deadline for filing case briefs)
289 days	Hearing	351.310(d)(1) (2 days after submission of rebuttal briefs)
372 days (Can be extended)	Final results of review	351.213(h)(1) (120 days after date of publication of preliminary results)
382 days	Submission of ministerial error comments	351.224(c)(2) (5 days after release of disclosure documents)
387 days	Replies to ministerial error comments	351.224(c)(3) (5 days after filing of comments)

¹ Indicates the number of days from the end of the anniversary month. Most of the deadlines shown here are approximate. The actual deadline in any particular segment of a proceeding may depend on the date of an earlier event or be established by the Secretary.

² Assumes that the Department sends out the questionnaire 45 days after the last day of the anniversary month and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.

³ Assumes that the Department sends out the questionnaire on day 45 and the response is due 45 days later.

⁴ Assumes that the preliminary results are published 7 days after issuance (i.e., signature).

Appendix - Annex III to Part 351—Deadlines for Parties in Antidumping Investigations

Day ¹	Event	Regulation
0 days	Initiation
37 days	Application for an administrative protective order	351.305(b)(3)
50 days	Country-wide cost allegation	351.301(d)(2)(i)(A) (20 days after date on which initial questionnaire was transmitted)
51 days ²	Notification of difficulty in responding to questionnaire	351.301(c)(2)(iv) (Within 14 days after date of receipt of initial questionnaire)
51 days	Section A response	None
67 days	Sections B, C, D, E responses	351.301(c)(2)(iii) (At least 30 days after date of receipt of initial questionnaire)
70 days	Viability arguments	351.301(d)(1) (40 days after date on which initial questionnaire was transmitted)
87 days	Company-specific cost allegations	351.301(d)(2)(i)(B)
87 days	Major input cost allegations	351.301(d)(3)
115 days	Request for postponement by petitioner	351.205(e) (25 days or more before preliminary determination)
120 days	Allegation of critical circumstances	351.206(c)(2)(i) (20 days before preliminary determination)
140 days (Can be extended)	Preliminary determination	351.205(b)(1)
150 days	Submission of ministerial error comments	351.224(c)(2) (5 days after release of disclosure documents)
155 days	Submission of proposed suspension agreement	351.208(f)(1)(A) (15 days after preliminary determination)
161 days ³	Submission of factual information	351.301(b)(1) (7 days before date on which verification is to commence)
177 days ⁴	Request for a hearing	351.310(c) (30 days after date of publication of preliminary determination)
187 days	Submission of publicly available information to value factors (NME's)	351.301(c)(3)(i) (40 days after date of publication of preliminary determination)
194 days	Critical circumstance allegation	351.206(e) (21 days before final determination)
197 days (Can be changed)	Request for closed hearing sessions	351.310(f) (No later than the date the case briefs are due)
197 days (Can be changed)	Submission of briefs	351.309(c)(1)(i) (50 days after date of publication of preliminary determination)
202 days	Submission of rebuttal briefs	351.309(d) (5 days after dealine for filing case briefs)
204 days	Hearing	351.310(d)(1) (2 days after submission of rebuttal briefs)
215 days	Request for postponement of the final determination	351.210(e)
215 days (Can be extended)	Final determination	351.210(b)(1) (75 days after preliminary determination)
225 days	Submission ministerial error comments	351.224(c)(2) (5 days after release of disclosure documents)
230 days	Replies to ministerial error comments	351.224(c)(3) (5 days after filing of comments)
267 days	Order issued	351.211(b)

² Assumes that the Department sends out the questionnaire 5 days after the ITC vote and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.

³ Assumes about 28 days between the preliminary determination and verification.

⁴ Assumes that the preliminary determination is published 7 days after issuance (i.e., signature).

Appendix - Annex IV to Part 351—Deadlines for Parties in Antidumping Administrative Reviews

Day ¹	Event	Regulation
0 days	Request for review	351.213(b) (Last day of the anniversary month)
30 days	Publication of initiation	351.221 (c)(1)(i) (End of month following the anniversary month)
37 days	Application for an administrative protective order	351.305(b)(3)
60 days	Request to examine absorption of duties (AD)	351.213(j) (30 days after date of publication of initiation)
66 days ²	Notification of difficulty in responding to questionnaire	351.301(c)(2)(iv) (14 days after date of receipt of initial questionnaire)
66 days	Section A response	None
85 days	Viability arguments	351.301(d)(1) (40 days after date of transmittal of initial questionnaire)
90 days ³	Sections B, C, D, E response	351.301(c)(2)(iii) (At least 30 days after date of receipt of initial questionnaire)
110 days	Company-specific cost allegations	351.301(d)(2)(i)(B) (20 days after relevant section is filed)
110 days	Major input cost allegations	351.301(d)(3) (20 days after relevant section is filed)
120 days	Withdrawal of request for review	351.213(d)(1) (90 days after date of publication of initiation)
130 days	Request for verification	351.307(b)(1)(v) (100 days after date of publication of initiation)
140 days	Submission of factual information	351.301(b)(2)
245 days (Can be extended)	Preliminary results of review	351.213(h)(1)
272 days ⁴	Submission of publicly available information to value factors (NME's)	351.301(c)(3)(ii) (20 days after date of publication of preliminary results)
282 days	Request for a hearing and/or closed hearing session	351.310(c); 351.310(f) (30 days after date of publication of preliminary results)
282 days	Submission of briefs	351.309(c)(1)(ii) (30 days after date of publication of preliminary results)
287 days	Submission of rebuttal briefs	351.309(d)(1) (5 days after deadline for filing case briefs)
289 days	Hearing; closed hearing session	351.310(d)(1) (2 days after submission of rebuttal briefs)
372 days (Can be extended)	Final results of review	351.213(h)(1) (120 days after date of publication of preliminary results)
382 days	Ministerial error comments	351.224(c)(2) (5 days after release of disclosure documents)
387 days	Replies to ministerial error comments	351.224(c)(3) (5 days after filing of comments)

³ Assumes that the Department sends out the questionnaire on day 45 and the response is due 45 days later.

⁴ Assumes that the preliminary results are published 7 days after issuance (i.e., signature).

Appendix - Annex V to Part 351—Comparison of Prior and New Regulations

Prior	New	Description
PART 353—ANTIDUMPING DUTIES
Subpart A—Scope and Definitions
353.1	351.101	Scope of regulations
353.2	351.102	Definitions
353.3	351.104	Record of proceedings
353.4	351.105	Public, proprietary, privileged & classified
353.5	Removed	Trade and Tariff Act of 1984 amendments
353.6	351.106	De minimis weighted-average dumping margin
Subpart B—Antidumping Duty Procedures
353.11	351.201	Self-initiation
353.12	351.202	Petition requirements
353.13	351.203	Determination of sufficiency of petition
353.14	351.204(e)	Exclusion from antidumping duty order
353.15	351.205	Preliminary determination
353.16	351.206	Critical circumstances
353.17	351.207	Termination of investigation
353.18	351.208	Suspension of investigation
353.19	351.209	Violation of suspension agreement
353.20	351.210	Final determination
353.21	351.211	Antidumping duty order
353.21(c)	351.204(e)	Exclusion from antidumping duty order
1353.22(a)-(d)	351.213, 351.221	Administrative reviews under 751(a) of the Act
353.22(e)	351.212(c)	Automatic assessment of duties
353.22(f)	351.216, 351.221(c)(3)	Changed circumstances reviews
353.22(g)	351.215, 351.221(c)(2)	Expedited antidumping review
353.23	351.212(d)	Provisional measures deposit cap
353.24	351.212(e)	Interest on overpayments and under-payments
353.25	351.222	Revocation of orders; termination of suspended investigations
353.26	351.402(f)	Reimbursement of duties
353.27	351.223	Downstream product monitoring
353.28	351.224	Correction of ministerial errors
353.29	351.225	Scope rulings
Subpart C—Information and Argument
353.31(a)-(c)	351.301	Time Limits for submission of factual information
353.31(a)(3)	351.301(d), 351.104(a)(2)	Return of untimely material
353.31(b)(3)	351.302(c)	Request for extension of time
353.31(d)-(i)	351.303	Filing, format, translation, service and certification
353.32	351.304	Request for proprietary treatment of information
353.33	351.104, 351.304(a)(2)	Information exempt from disclosure
353.34	351.305, 351.306	Disclosure of information under protective order
353.35	Removed	Ex parte meeting
353.36	351.307	Verification
353.37	351.308	Determination on the basis of the facts available
353.38(a)-(e)	351.309	Written argument
353.38(f)	351.310	Hearings
Subpart D—Calculation of Export Price, Constructed Export Price, Fair Value and Normal Value
353.41	351.402	Calculation of export price
353.42(a)	351.102	Fair value (definition)
353.42(b)	351.104(c)	Transaction and persons examined
353.43	351.403(b)	Sales used in calculating normal value
353.44	Removed	Sales at varying prices
353.45	351.403	Transactions between affiliated parties
353.46	351.404	Selection of home market as the basis for normal value
353.47	Removed	Intermediate countries
353.48	351.404	Basis for normal value if home market sales are inadequate
353.49	351.404	Sales to a third country
353.50	351.405, 351.407	Calculation of normal value based on constructed value
353.51	351.406, 351.407	Sales at less than the cost of production
353.52	351.408	Nonmarket economy countries
353.53	Removed	Multinational corporations
353.54	351.401(b)	Claims for adjustments
353.55	351.409	Differences in quantities
353.56	351.410	Differences in circumstances of sale
353.57	351.411	Differences in physical characteristics
353.58	351.412	Levels of trade
353.59(a)	351.413	Insignificant adjustments
353.59(b)	351.414	Use of averaging
353.60	351.415	Conversion of currency
PART 355—COUNTERVAILING DUTIES
Subpart A—Scope and Definitions
355.1	351.001	Scope of regulations
355.2	351.002	Definitions
355.3	351.004	Record of proceeding
355.4	351.005	Public, proprietary, privileged & classified
355.5	351.003(a)	Subsidy library
355.6	Removed	Trade and Tariff Act of 1984 amendments
355.7	351.006	De minimis net subsidies
Subpart B—Countervailing Duty Procedures
355.11	351.101	Delf-initiation
355.12	351.102	Petition requirements
355.13	351.103	Determination of sufficiency of petition
355.14	351.104(e)	Exclusion from countervailing duty order
355.15	351.105	Preliminary determination
355.16	351.106	Critical circumstances
355.17	351.107	Termination of investigation
355.18	351.108	Suspension of investigation
355.19	351.109	Violation of agreement
355.20	351.110	Final determination
355.21	351.111	Countervailing duty order
355.21(c)	351.104(e)	Exclusion from countervailing duty order
355.22(a)-(c)	351.113, 351.121	Administrative reviews under 751(a) of the Act
355.22(d)	Removed	Calculation of individual rates
355.22(e)	351.113(h)	Possible cancellation or revision of suspension agreements
355.22(f)	Removed	Review of individual producer or exporter
355.22(g)	351.112(c)	Automatic assessment of duties
355.22(h)	351.116, 351.121(c)(3)	Changed circumstances review
355.22(i)	351.120, 351.221(c)(7)	Review at the direction of the President
355.23	351.112(d)	Provisional measures deposit cap
355.24	351.112(e)	Interest on overpayments and underpayments
355.25	351.112	Revocation of orders; termination of suspended investigations
355.27	351.123	Downstream product monitoring
355.28	351.124	Correction of ministerial errors
355.29	351.125	Scope determinations
Subpart C—Information and Argument
355.31(a)-(c)	351.301	Time limits for submission of factual information
355.31(a)(3)	351.302(d), 351.104(a)(2)	Return of untimely material
355.31(b)(3)	351.302(c)	Request for extension of time
355.31(d)-(i)	351.303	Filing, format, translation, service and certification
355.32	351.304	Request for proprietary treatment of information
355.33	351.104, 351.304(a)(2)	Information exempt from disclosure
355.34	351.305, 351.306	Disclosure of information under protective order
355.35	Removed	Ex parte meeting
355.36	351.307	Verification
355.37	351.308	Determinations on the basis of the facts available
355.38(a)-(e)	351.309	Written argument
355.38(f)	351.310	Hearings
355.39	351.311	Subsidy practice discovered during investigation or review
Subpart D—Quota Cheese Subsidy Determinations
355.41	Removed	Definition of subsidy
355.42	351.601	Annual list and quarterly update
355.43	351.602	Determination upon request
355.44	351.603	Complaint of price-undercutting
355.45	351.604	Access to information

Appendix - Annex VI to Part 351—Countervailing Investigations Timeline

Appendix - Annex VII to Part 351—Antidumping Investigations Timeline

Appendix - Annex VIII-A to Part 351—Schedule for 90-Day Sunset Reviews

Day ¹	Event	Regulation
0	Initiation	§ 351.218(c)
15	Filing of Notice of Intent to Participate by domestic interested parties	§ 351.218(d)(1)(i) (not later than 15 days after the date of publication of the Notice of Initiation)
20	Notification to the ITC that no domestic interested party has responded to the Notice of Initiation	§ 351.218(d)(1)(iii)(B)(2) (normally not later than 20 days after the date of publication of the Notice of Initiation)
30	Filing of substantive response to the Notice of Initiation by all interested parties and industrial users and consumers	§§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not later than 30 days after the date of publication of the Notice of Initiation)
35	Filing of rebuttal to substantive response to the Notice of Initiation	§ 351.218(d)(4) (not later than 5 days after the substantive response is filed with the Department)
40	Notification to the ITC that no domestic interested party has responded to the Notice of Initiation (based on inadequate response from domestic interested parties)	§ 351.218(e)(1)(i)(C)(2) (normally not later than 40 days after the date of publication of the Notice of Initiation)
90	Final determination revoking an order or terminating a suspended investigation where no domestic interested party responds to the Notice of Initiation	§§ 351.218(d)(1)(iii)(B)(3) and 351.222(i)(1)(i) (not later than 90 days after the date of publication of the Notice of Initiation)

¹ Indicates the number of days from the date of publication in the Federal Register of the Notice of Initiation.

[63 FR 13524, Mar. 20, 1998]

Appendix - Annex VIII-B to Part 351—Schedule for Expedited Sunset Reviews

Day ¹	Event	Regulation
0	Initiation	§ 351.218(c)
15	Filing of Notice of Intent to Participate by domestic interested parties	§ 351.218(d)(1)(i) (not later than 15 days after the date of publication of the Notice of Initiation)
30	Filing of Statement of Waiver by respondent interested parties	§ 351.218(d)(2)(i) (not later than 30 days after the date of publication of the Notice of Initiation)
30	Filing of substantive response to the Notice of Initiation by all interested parties and industrial users and consumers	§§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not later than 30 days after the date of publication of the Notice of Initiation)
35	Filing of rebuttal to substantive response to the Notice of Initiation	§ 351.218(d)(4) (not later than 5 days after the substantive response is filed with the Department)
50	Notification to the ITC that respondent interested parties provided inadequate response to the Notice of Initiation	§ 351.218(e)(1)(ii)(C)(1) (normally not later than 50 days after the date of publication of the Notice of Initiation)
70	Comments on adequacy of response and appropriateness of expedited sunset review	§ 351.309(e)(ii) (not later than 70 days after the date of publication of the Notice of Initiation)
120	Final results of expedited sunset review where respondent interested parties provide inadequate response to the Notice of Initiation	§§ 351.218(e)(1)(ii)(B) and 351.218(e)(1)(ii)(C)(2) (not later than 120 days after the date of publication of the Notice of Initiation)

¹ Indicates the number of days from the date of publication in the Federal Register of the Notice of Initiation.

[63 FR 13525, Mar. 20, 1998]

Appendix - Annex VIII-C to Part 351—Schedule for Full Sunset Reviews

Day ¹	Event	Regulation
0	Initiation	§ 351.218(c)
15	Filing of Notice of Intent to Participate by domestic interested parties	§ 351.218(d)(1)(i) (not later than 15 days after the date of publication of the Notice of Initiation)
30	Filing of Statement of Waiver by respondent interested parties	§ 351.218(d)(2)(i) (not later than 30 days after the date of publication of the Notice of Initiation)
30	Filing of substantive response to the Notice of Initiation by all interested parties and industrial users and consumers	§§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not later than 30 days after the date of publication of the Notice of Initiation)
35	Filing of rebuttal to substantive response to the Notice of Initiation	§ 351.218(d)(4) (not later than 5 days after the substantive response is filed with the Department)
110	Preliminary results of full sunset review	§ 351.218(f)(1) (normally not later than 110 days after the date of publication of the Notice of Initiation)
120	Verification in a full sunset review, where needed	§ 351.218(f)(2)(ii) (approximately 120 days after the date of publication of the Notice of Initiation)
160	Filing of case brief in full sunset review	§ 351.309(c)(1)(i) (50 days after the date of publication of the preliminary results of full sunset review)
165	Filing of rebuttal brief in full sunset review	§ 351.309(d)(1) (5 days after the time limit for filing a case brief)
167	Hearing in full sunset review if requested	§ 351.310(d)(i) (2 days after the time limit for filing a rebuttal brief)
240	Final results of full sunset review	§ 351.218(f)(3)(i) (not later than 240 days after the date of publication of the Notice of Initiation)
330	Final results of full sunset review if fully extended	§ 351.218(f)(3)(ii) (if full sunset review is extraordinarily complicated, period for issuing final results may be extended by not more than 90 days)

¹ Indicates the number of days from the date of publication in the Federal Register of the Notice of Initiation.

[63 FR 13525, Mar. 20, 1998]

authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303 note; 19 U.S.C. 1671

source: 62 FR 27379, May 19, 1997, unless otherwise noted.

cite as: 19 CFR 351.701