Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 54697-54700 [2011-22344]
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54697
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
3. Section 102.21 is amended by
revising paragraph (c)(3)(ii) and by
removing the entry for 6210–6212 and
adding new entries for 6210–6211 and
6212 in the table in paragraph (e)(1) to
read as follows:
■
§ 102.21
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Textile and apparel products.
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(c) * * *
(3) * * *
(ii) Except for fabrics of chapter 59
and goods of heading 5609, 5807, 5811,
6213, 6214, 6301 through 6306, and
6308, and subheadings 6209.20.5040,
6307.10, 6307.90, and 9404.90, if the
good was not knit to shape and the good
was wholly assembled in a single
country, territory, or insular possession,
the country of origin of the good is the
country, territory, or insular possession
in which the good was wholly
assembled.
*
*
*
*
*
(e) * * *
(1) * * *
HTSUS
Tariff shift and/or other requirements
*
6210–6211 .................
*
*
*
*
*
*
(1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through
6211 from unassembled components, provided that the change is the result of the good being wholly assembled in a
single country, territory, or insular possession.
(2) If the good does not consist of two or more component parts, a change to heading 6210 through 6211 from any
heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311,
5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906
through 5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a
fabric-making process.
(1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of
heading 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.
(2) If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6212
from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407
through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through
5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a fabricmaking process.
(3) If the good is knit to shape, a change to heading 6212 from any other heading, provided that the knit to shape components are knit in a single country, territory, or insular possession.
6212 ...........................
*
*
*
Alan D. Bersin,
Commissioner, U.S. Customs and Border
Protection.
Approved: August 30, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011–22588 Filed 9–1–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 0612243022–1484–02]
RIN 0625–AA66
Certification of Factual Information To
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Supplemental Interim
Final Rule
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Supplemental interim final rule
and request for comments.
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AGENCY:
The Department of Commerce
(‘‘the Department’’) is issuing this
interim final rule to supplement an
interim final rule published on February
SUMMARY:
VerDate Mar<15>2010
13:31 Sep 01, 2011
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*
*
10, 2011 (Interim Final Rule), which
governs the certification of factual
information submitted to the
Department by a person or his or her
representative during antidumping
(‘‘AD’’) and countervailing duty
(‘‘CVD’’) proceedings. This
supplemental interim final rule
concerns the certifications required of
foreign governments.
By this supplemental interim final
rule, foreign governments will be
allowed to submit certifications in
either the format that was in use prior
to the effective date of the Interim Final
Rule or in the format provided in the
Interim Final Rule. This supplemental
interim final rule will remain in effect
until such time as a final rule is
published. All other aspects of the
Interim Final Rule remain in effect and
fully apply to all parties and their
counsel. Companies should continue to
use the company certification provided
for in the Interim Final Rule.
Representatives of companies or
governments should continue to use the
representative certification provided for
in the Interim Final Rule. The
Department is also requesting comments
on the appropriateness of requiring
foreign governments to submit the
certification provided for in the Interim
Final Rule, as discussed in more detail
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*
*
below. The Department is not soliciting
comments with respect to any other
issues concerning the Interim Final Rule
as the deadline for such comments has
expired.
DATES: Effective date: The effective date
of this supplemental interim final rule
is September 2, 2011.
Applicability date: This supplemental
interim final rule will apply to all
investigations initiated on the basis of
petitions filed on or after September 2,
2011, and other segments of AD/CVD
proceedings initiated on or after
September 2, 2011, as well as all
ongoing investigations and ongoing
segments of proceedings. Those foreign
governments that submitted
certifications between March 14, 2011,
the effective date of the Interim Final
Rule, and September 2, 2011 that did
not conform with the certification
formats required by the Interim Final
Rule will have 30 days to submit
certifications that conform with the
formats provided for in this
supplemental interim final rule.
Request for public comment: The
Department is requesting public
comment on this supplemental interim
final rule. To be assured of
consideration, comments must be
received no later than October 3, 2011.
The Department is not soliciting rebuttal
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02SER1
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54698
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
comments. All comments should refer
to RIN 0625–AA66. The Department
intends to issue a final rule within a
year after the publication of this
supplemental interim final rule.
ADDRESSES: In order to ensure the timely
receipt and consideration of comments,
the Department requires commenters to
make on-line submissions, using the
https://www.regulations.gov Web site,
unless they do not have access to the
Internet. Comments to this notice
should be submitted under docket
number ITA–2010–0007. To find this
docket, enter the docket number in the
‘‘Enter Keyword or ID’’ window at the
https://www.regulations.gov home page
and click ‘‘Search.’’ The site will
provide a search-results page listing all
documents associated with that docket
number. Find a reference to the
supplemental interim final rule notice
by selecting ‘‘Rule’’ under ‘‘Document
Type’’ on the search-results page, and
click on the link entitled ‘‘Submit a
Comment.’’ The https://
www.regulations.gov Web site provides
the option of making submissions by
filling in a comments field, or by
attaching a document. ITA prefers
submissions to be provided in an
attached document. (For further
information on using the https://
www.regulations.gov Web site, please
consult the resources provided on the
Web site by clicking on the ‘‘Help’’ tab.)
Commenters who do not have access
to the Internet may submit the original
and two copies of each set of comments
by mail or hand delivery/courier. All
comments should be addressed to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration,
Room 1870, Department of Commerce,
1401 Constitution Avenue, NW.,
Washington, DC 20230.
The Department will consider all
relevant comments regarding the
supplemental interim final rule that are
received before the close of the
comment period. The Department will
not accept comments accompanied by a
request that part or all of the material be
treated confidentially because of its
business proprietary nature or for any
other reason. All comments responding
to this notice will be a matter of public
record and will be available for
inspection at Import Administration’s
Central Records Unit (Room 7046 of the
Herbert C. Hoover Building) or on the
Federal eRulemaking Portal (‘‘Portal’’) at
https://www.regulations.gov.
Any questions concerning file
formatting, document conversion,
access to the Internet, or other electronic
filing issues should be addressed to
Andrew Lee Beller, Import
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13:31 Sep 01, 2011
Jkt 223001
Administration Webmaster, at (202)
482–0866, e-mail address: webmastersupport@ita.doc.gov.
FOR FURTHER INFORMATION CONTACT:
Rebecca Cantu, Attorney, Office of the
General Counsel, Office of Chief
Counsel for Import Administration, or
Myrna Lobo, International Trade
Analyst, Office 6, Import
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW., Washington, DC 20230, 202–482–
4618 or 202–482–2371, respectively.
SUPPLEMENTARY INFORMATION:
Background
In the Interim Final Rule (see
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011)) the
Department invited comments and
rebuttal comments from the public by
May 11, 2011 and June 27, 2011,
respectively. Subsequently, the
Department reopened the period for
rebuttal comments until July 14, 2011
because interested parties were unable
to file their rebuttal comments within
the established deadline due to
technical difficulties with the Portal.
See Interim Final Rule on Certification
of Factual Information To Import
Administration During Antidumping
and Countervailing Duty Proceedings:
Reopening of Rebuttal Comment Period,
76 FR 39770 (July 7, 2011).
Some of the comments received in
response to the Interim Final Rule
discussed the appropriateness of
requiring foreign governments and their
officials to submit a certification that
one commenter claims includes an
acknowledgement that the certifying
individual may be subject to criminal
sanctions under U.S. law (including, but
not limited to 18 U.S.C. 1001). This
reference to 18 U.S.C. 1001 was not
contained in the prior version of the
certification. Some parties contend that
it is inappropriate for the Department to
impose a certification requirement that,
these parties claim, subjects foreign
government officials to potential
liability from which they are immune,
absent limited exceptions, pursuant to
U.S. statutory law (e.g., the Foreign
Sovereign Immunities Act) and common
law.
In addition, the new certification
requirements include language which,
certain parties claim, imposes
additional, enforceable legal obligations
on foreign governments. These parties
have identified language in the new
certifications which indicates that the
submitter is aware that the Department
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may preserve the submission for
purposes of determining the accuracy of
a certification, even if a party otherwise
withdraws the submission from the
record, and also language which
indicates that the submitter must
maintain the original of the certification
for a five-year period. These parties
contend that the purported additional
legal obligations which this language
imposes are also contrary to principles
of sovereign immunity.
The Department requires additional
time to analyze these comments as they
relate specifically to the government
certifications, to obtain public views on
the comments described above, and to
address fully the parties’ comments. We
are therefore supplementing the Interim
Final Rule to allow foreign governments
to submit certifications in either the
format that was in use prior to the
Interim Final Rule (which does not
include the statutory reference or
language described above) or in the new
format provided in the Interim Final
Rule until such time as a final rule is
published. This supplemental interim
final rule is applicable only to foreign
government certifications (i.e., it is not
applicable to company certifications or
representative certifications).
Issuance of Supplemental Interim Final
Rule
In light of the comments received on
the Interim Final Rule regarding the
appropriateness of requiring foreign
governments to provide certifications
that include the new language provided
for in the Interim Final Rule, the
Department is hereby publishing a
supplemental interim final rule
pertaining to the government
certifications that must accompany
factual submissions in AD/CVD
proceedings. This supplemental interim
final rule, like the Interim Final Rule, is
part of the ongoing rulemaking process
whereby the Department is seeking to
strengthen the certification
requirements for all parties. This
supplemental interim final rule allows
foreign governments to submit
certifications in either the format that
was in use prior to the effective date of
the Interim Final Rule or in the format
provided in the Interim Final Rule until
such time as a final rule is published.
Classification
This supplemental interim final rule
has been determined to be not
significant for purposes of Executive
Order 12866.
The Department finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment before this regulation becomes
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effective. The purpose of this
supplemental interim final rule is to
permit foreign governments to file
certifications in either the format that
was in use prior to the effective date of
the Interim Final Rule or in the format
provided in the Interim Final Rule in
order for the Department to have
sufficient time to analyze fully the
comments received for the Interim Final
Rule. Any delay could impede the
ability of foreign governments to
participate in ongoing AD and CVD
proceedings, including their ability to
submit information, and as a result, any
delay could negatively impact the
Department’s ability to administer the
AD and CVD law. Thus, providing prior
notice would be contrary to the public
interest. For the same reasons, it would
be contrary to the public interest to
allow the public an opportunity to
comment on this rule before it became
effective. Since this is a supplement to
the interim final rule, the public will
have an opportunity to comment on this
supplement until the end of the
comment period. The Department will
consider those comments before
announcing the final rule.
Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., the
Chief Counsel for Regulation at the
Department certified to the Chief
Counsel for Advocacy, Small Business
Administration, that the proposed rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published with the
Interim Final Rule.1 The changes made
by this rule do not change this
conclusion, and a final regulatory
flexibility analysis is not required and
has not been prepared.
Paperwork Reduction Act
It has been determined that this
rulemaking is not subject to the
Paperwork Reduction Act.2
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Executive Order 13132
It has been determined that the
rulemaking does not contain federalism
implications warranting the preparation
of a federalism assessment.
List of Subjects in 19 CFR Part 351
Administrative practice and
procedure, Antidumping duties,
Business and industry, Confidential
business information, Countervailing
duties, Investigations, Reporting and
recordkeeping requirements.
1 Interim
Final Rule, 76 FR at 7498–99.
2 Id.
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Dated: August 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
For the reasons stated above, 19 CFR
part 351 is amended as follows:
PART 351—ANTIDUMPING AND
COUNTERVAILING DUTIES
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.; and 19 U.S.C. 3538.
2. Section 351.303(g) is revised to read
as follows:
■
54699
on individuals who knowingly and
willfully make material false statements
to the U.S. Government. In addition, I
am aware that, even if this submission
may be withdrawn from the record of
the AD/CVD proceeding, the
Department may preserve this
submission, including a business
proprietary submission, for purposes of
determining the accuracy of this
certification. I certify that I am filing a
copy of this signed certification with
this submission to the U.S. Department
of Commerce and that I will retain the
original for a five-year period
commencing with the filing of this
document. The original will be available
for inspection by U.S. Department of
Commerce officials.
§ 351.303 Filing, document identification,
format, translation, service, and
certification of documents.
Signature: lllllllllllll
*
Date: lllllllllllllll
*
*
*
*
(g) Certifications. A person must file
with each submission containing factual
information the certification in
paragraph (g)(1) of this section and, in
addition, if the person has legal counsel
or another representative, the
certification in paragraph (g)(2) of this
section.
(1) For the person(s) officially
responsible for presentation of the
factual information:
(i) COMPANY CERTIFICATION *
I, (PRINTED NAME AND TITLE),
currently employed by (COMPANY
NAME), certify that I prepared or
otherwise supervised the preparation of
the attached submission of (IDENTIFY
THE SPECIFIC SUBMISSION BY TITLE
AND DATE) pursuant to the (INSERT
ONE OF THE FOLLOWING: THE
(ANTIDUMPING OR
COUNTERVAILING DUTY)
INVESTIGATION OF (PRODUCT)
FROM (COUNTRY) (CASE NUMBER) or
THE (DATES OF POR)
(ADMINISTRATIVE OR NEW
SHIPPER) REVIEW UNDER THE
(ANTIDUMPING OR
COUNTERVAILING) DUTY ORDER ON
(PRODUCT) FROM (COUNTRY)) (CASE
NUMBER) or THE SUNSET REVIEW
OR CHANGED CIRCUMSTANCE
REVIEW OR SCOPE RULING OR
CIRCUMVENTION INQUIRY OF AD/
CVD ORDER ON (PRODUCT) FROM
(COUNTRY) (CASE NUMBER). I certify
that the information contained in this
submission is accurate and complete to
the best of my knowledge. I am aware
that the information contained in this
submission may be subject to
verification or corroboration (as
appropriate) by the U.S. Department of
Commerce. I am also aware that U.S.
law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions
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Fmt 4700
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* For multiple person certifications,
all persons should be listed in the first
sentence of the certification and all
persons should sign and date the
certification. In addition, singular
pronouns and possessive adjectives
should be changed accordingly, e.g., ‘‘I’’
should be changed to ‘‘we’’ and ‘‘my
knowledge’’ should be changed to ‘‘our
knowledge.’’
(ii) GOVERNMENT
CERTIFICATION **
I, (PRINTED NAME AND TITLE),
currently employed by
(GOVERNMENT), certify that I prepared
or otherwise supervised the preparation
of the attached submission of
(IDENTIFY THE SPECIFIC
SUBMISSION BY TITLE AND DATE)
pursuant to the (INSERT ONE OF THE
FOLLOWING: THE (ANTIDUMPING
OR COUNTERVAILING DUTY)
INVESTIGATION OF (PRODUCT)
FROM (COUNTRY) (CASE NUMBER) or
THE (DATES OF POR)
(ADMINISTRATIVE OR NEW
SHIPPER) REVIEW UNDER THE
(ANTIDUMPING OR
COUNTERVAILING) DUTY ORDER ON
(PRODUCT) FROM (COUNTRY)) (CASE
NUMBER) or THE SUNSET REVIEW
OR CHANGED CIRCUMSTANCE
REVIEW OR SCOPE RULING OR
CIRCUMVENTION INQUIRY OF AD/
CVD ORDER ON (PRODUCT) FROM
(COUNTRY) (CASE NUMBER). I certify
that the information contained in this
submission is accurate and complete to
the best of my knowledge. I am aware
that the information contained in this
submission may be subject to
verification or corroboration (as
appropriate) by the U.S. Department of
Commerce. I am also aware that U.S.
law (including, but not limited to, 18
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02SER1
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
U.S.C. 1001) imposes criminal sanctions
on individuals who knowingly and
willfully make material false statements
to the U.S. Government. In addition, I
am aware that, even if this submission
may be withdrawn from the record of
the AD/CVD proceeding, the
Department may preserve this
submission, including a business
proprietary submission, for purposes of
determining the accuracy of this
certification. I certify that I am filing a
copy of this signed certification with
this submission to the U.S. Department
of Commerce and that I will retain the
original for a five-year period
commencing with the filing of this
document. The original will be available
for inspection by U.S. Department of
Commerce officials.
Signature: lllllllllllll
Date: lllllllllllllll
** For multiple person certifications, all
persons should be listed in the first
sentence of the certification and all
persons should sign and date the
certification. In addition, singular
pronouns and possessive adjectives
should be changed accordingly, e.g., ‘‘I’’
should be changed to ‘‘we’’ and ‘‘my
knowledge’’ should be changed to ‘‘our
knowledge.’’
OR
I, (name and title), currently
employed by (person), certify that (1) I
have read the attached submission, and
(2) the information contained in this
submission is, to the best of my
knowledge, complete and accurate.
(2) For the legal counsel or other
representative:
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Date: lllllllllllllll
*** For multiple representative
certifications, all representatives and
their firms should be listed in the first
sentence of the certification and all
representatives should sign and date the
certification. In addition, singular
pronouns and possessive adjectives
should be changed accordingly, e.g., ‘‘I’’
should be changed to ‘‘we’’ and ‘‘my
knowledge’’ should be changed to ‘‘our
knowledge.’’
BILLING CODE 3510–DS–P
I, (PRINTED NAME), with (LAW
FIRM or OTHER FIRM), counsel or
representative to (COMPANY OR
GOVERNMENT OR PARTY), certify
that I have read the attached submission
of (IDENTIFY THE SPECIFIC
SUBMISSION BY TITLE AND DATE)
pursuant to the (INSERT ONE OF THE
FOLLOWING: THE (ANTIDUMPING
OR COUNTERVAILING DUTY)
INVESTIGATION OF (PRODUCT)
FROM (COUNTRY) (CASE NUMBER) or
THE (DATES OF POR)
(ADMINISTRATIVE OR NEW
SHIPPER) REVIEW UNDER THE
(ANTIDUMPING OR
COUNTERVAILING) DUTY ORDER ON
(PRODUCT) FROM (COUNTRY) (CASE
NUMBER) or THE SUNSET REVIEW
OR CHANGED CIRCUMSTANCE
REVIEW OR SCOPE RULING OR
13:31 Sep 01, 2011
Signature: lllllllllllll
[FR Doc. 2011–22344 Filed 9–1–11; 8:45 am]
REPRESENTATIVE
CERTIFICATION ***
VerDate Mar<15>2010
CIRCUMVENTION INQUIRY OF AD/
CVD ORDER ON (PRODUCT) FROM
(COUNTRY) (CASE NUMBER). In my
capacity as an adviser, counsel, preparer
or reviewer of this submission, I certify
that the information contained in this
submission is accurate and complete to
the best of my knowledge. I am aware
that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal
sanctions on individuals who
knowingly and willfully make material
false statements to the U.S. Government.
In addition, I am aware that, even if this
submission may be withdrawn from the
record of the AD/CVD proceeding, the
Department may preserve this
submission, including a business
proprietary submission, for purposes of
determining the accuracy of this
certification. I certify that I am filing a
copy of this signed certification with
this submission to the U.S. Department
of Commerce and that I will retain the
original for a five-year period
commencing with the filing of this
document. The original will be available
for inspection by U.S. Department of
Commerce officials.
Jkt 223001
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 422
[Docket No. SSA–2011–0052]
RIN 0960–AH35
Protecting the Public and Our
Personnel to Ensure Operational
Effectiveness
Social Security Administration.
Interim final rule with request
for comments.
AGENCY:
ACTION:
We are publishing the process
we follow when we ban an individual
from entering our field offices. Due to
escalating reports of threats to our
personnel and our customers in our
offices, we are taking steps to increase
SUMMARY:
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the level of protection we provide. We
expect that this rule will result in a safer
environment for our personnel and
members of the public who use our
facilities, while ensuring that we
continue to serve the American people
with as little disruption to our
operations as possible.
DATES: Effective Date: This interim final
rule is effective September 2, 2011.
Comment date: To ensure that your
comments are considered, we must
receive them no later than November 1,
2011.
ADDRESSES: You may submit comments
by any one of three methods—Internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2011–0052 so that we can
associate your comments with the
correct regulation.
Caution: You should be careful to
include in your comments only
information that you wish to make
publicly available. We strongly urge you
not to include in your comments any
personal information, such as SSN or
medical information.
1. Internet: We strongly recommend
that you submit your comments via the
Internet. Please visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the Search
function to find docket number SSA–
2011–0052. The system will issue a
tracking number to confirm your
submission. You will not be able to
view your comment immediately
because we must post each comment
manually. It may take up to a week for
your comment to be viewable.
2. Fax: Fax comments to (410) 966–
2830.
3. Mail: Mail your comments to the
Office of Regulations, Social Security
Administration, 107 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401.
Comments are available for public
viewing on the Federal eRulemaking
portal at https://www.regulations.gov or
in person, during regular business
hours, by arranging with the contact
person identified below.
FOR FURTHER INFORMATION CONTACT: Bill
McClelland, Office of Public Service
and Operations Support, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401, 410–965–8004. For information
on eligibility or filing for benefits, call
our national toll-free number, 1–800–
772–1213 or TTY 1–800–325–0778, or
visit our Internet site, Social Security
Online, at https://
www.socialsecurity.gov.
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]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54697-54700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22344]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 0612243022-1484-02]
RIN 0625-AA66
Certification of Factual Information To Import Administration
During Antidumping and Countervailing Duty Proceedings: Supplemental
Interim Final Rule
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Supplemental interim final rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (``the Department'') is issuing
this interim final rule to supplement an interim final rule published
on February 10, 2011 (Interim Final Rule), which governs the
certification of factual information submitted to the Department by a
person or his or her representative during antidumping (``AD'') and
countervailing duty (``CVD'') proceedings. This supplemental interim
final rule concerns the certifications required of foreign governments.
By this supplemental interim final rule, foreign governments will
be allowed to submit certifications in either the format that was in
use prior to the effective date of the Interim Final Rule or in the
format provided in the Interim Final Rule. This supplemental interim
final rule will remain in effect until such time as a final rule is
published. All other aspects of the Interim Final Rule remain in effect
and fully apply to all parties and their counsel. Companies should
continue to use the company certification provided for in the Interim
Final Rule. Representatives of companies or governments should continue
to use the representative certification provided for in the Interim
Final Rule. The Department is also requesting comments on the
appropriateness of requiring foreign governments to submit the
certification provided for in the Interim Final Rule, as discussed in
more detail below. The Department is not soliciting comments with
respect to any other issues concerning the Interim Final Rule as the
deadline for such comments has expired.
DATES: Effective date: The effective date of this supplemental interim
final rule is September 2, 2011.
Applicability date: This supplemental interim final rule will apply
to all investigations initiated on the basis of petitions filed on or
after September 2, 2011, and other segments of AD/CVD proceedings
initiated on or after September 2, 2011, as well as all ongoing
investigations and ongoing segments of proceedings. Those foreign
governments that submitted certifications between March 14, 2011, the
effective date of the Interim Final Rule, and September 2, 2011 that
did not conform with the certification formats required by the Interim
Final Rule will have 30 days to submit certifications that conform with
the formats provided for in this supplemental interim final rule.
Request for public comment: The Department is requesting public
comment on this supplemental interim final rule. To be assured of
consideration, comments must be received no later than October 3, 2011.
The Department is not soliciting rebuttal
[[Page 54698]]
comments. All comments should refer to RIN 0625-AA66. The Department
intends to issue a final rule within a year after the publication of
this supplemental interim final rule.
ADDRESSES: In order to ensure the timely receipt and consideration of
comments, the Department requires commenters to make on-line
submissions, using the https://www.regulations.gov Web site, unless they
do not have access to the Internet. Comments to this notice should be
submitted under docket number ITA-2010-0007. To find this docket, enter
the docket number in the ``Enter Keyword or ID'' window at the https://www.regulations.gov home page and click ``Search.'' The site will
provide a search-results page listing all documents associated with
that docket number. Find a reference to the supplemental interim final
rule notice by selecting ``Rule'' under ``Document Type'' on the
search-results page, and click on the link entitled ``Submit a
Comment.'' The https://www.regulations.gov Web site provides the option
of making submissions by filling in a comments field, or by attaching a
document. ITA prefers submissions to be provided in an attached
document. (For further information on using the https://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on the ``Help'' tab.)
Commenters who do not have access to the Internet may submit the
original and two copies of each set of comments by mail or hand
delivery/courier. All comments should be addressed to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration, Room
1870, Department of Commerce, 1401 Constitution Avenue, NW.,
Washington, DC 20230.
The Department will consider all relevant comments regarding the
supplemental interim final rule that are received before the close of
the comment period. The Department will not accept comments accompanied
by a request that part or all of the material be treated confidentially
because of its business proprietary nature or for any other reason. All
comments responding to this notice will be a matter of public record
and will be available for inspection at Import Administration's Central
Records Unit (Room 7046 of the Herbert C. Hoover Building) or on the
Federal eRulemaking Portal (``Portal'') at https://www.regulations.gov.
Any questions concerning file formatting, document conversion,
access to the Internet, or other electronic filing issues should be
addressed to Andrew Lee Beller, Import Administration Webmaster, at
(202) 482-0866, e-mail address: webmaster-support@ita.doc.gov.
FOR FURTHER INFORMATION CONTACT: Rebecca Cantu, Attorney, Office of the
General Counsel, Office of Chief Counsel for Import Administration, or
Myrna Lobo, International Trade Analyst, Office 6, Import
Administration, U.S. Department of Commerce, 1401 Constitution Avenue,
NW., Washington, DC 20230, 202-482-4618 or 202-482-2371, respectively.
SUPPLEMENTARY INFORMATION:
Background
In the Interim Final Rule (see Certification of Factual Information
to Import Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)) the
Department invited comments and rebuttal comments from the public by
May 11, 2011 and June 27, 2011, respectively. Subsequently, the
Department reopened the period for rebuttal comments until July 14,
2011 because interested parties were unable to file their rebuttal
comments within the established deadline due to technical difficulties
with the Portal. See Interim Final Rule on Certification of Factual
Information To Import Administration During Antidumping and
Countervailing Duty Proceedings: Reopening of Rebuttal Comment Period,
76 FR 39770 (July 7, 2011).
Some of the comments received in response to the Interim Final Rule
discussed the appropriateness of requiring foreign governments and
their officials to submit a certification that one commenter claims
includes an acknowledgement that the certifying individual may be
subject to criminal sanctions under U.S. law (including, but not
limited to 18 U.S.C. 1001). This reference to 18 U.S.C. 1001 was not
contained in the prior version of the certification. Some parties
contend that it is inappropriate for the Department to impose a
certification requirement that, these parties claim, subjects foreign
government officials to potential liability from which they are immune,
absent limited exceptions, pursuant to U.S. statutory law (e.g., the
Foreign Sovereign Immunities Act) and common law.
In addition, the new certification requirements include language
which, certain parties claim, imposes additional, enforceable legal
obligations on foreign governments. These parties have identified
language in the new certifications which indicates that the submitter
is aware that the Department may preserve the submission for purposes
of determining the accuracy of a certification, even if a party
otherwise withdraws the submission from the record, and also language
which indicates that the submitter must maintain the original of the
certification for a five-year period. These parties contend that the
purported additional legal obligations which this language imposes are
also contrary to principles of sovereign immunity.
The Department requires additional time to analyze these comments
as they relate specifically to the government certifications, to obtain
public views on the comments described above, and to address fully the
parties' comments. We are therefore supplementing the Interim Final
Rule to allow foreign governments to submit certifications in either
the format that was in use prior to the Interim Final Rule (which does
not include the statutory reference or language described above) or in
the new format provided in the Interim Final Rule until such time as a
final rule is published. This supplemental interim final rule is
applicable only to foreign government certifications (i.e., it is not
applicable to company certifications or representative certifications).
Issuance of Supplemental Interim Final Rule
In light of the comments received on the Interim Final Rule
regarding the appropriateness of requiring foreign governments to
provide certifications that include the new language provided for in
the Interim Final Rule, the Department is hereby publishing a
supplemental interim final rule pertaining to the government
certifications that must accompany factual submissions in AD/CVD
proceedings. This supplemental interim final rule, like the Interim
Final Rule, is part of the ongoing rulemaking process whereby the
Department is seeking to strengthen the certification requirements for
all parties. This supplemental interim final rule allows foreign
governments to submit certifications in either the format that was in
use prior to the effective date of the Interim Final Rule or in the
format provided in the Interim Final Rule until such time as a final
rule is published.
Classification
This supplemental interim final rule has been determined to be not
significant for purposes of Executive Order 12866.
The Department finds good cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for public comment before this
regulation becomes
[[Page 54699]]
effective. The purpose of this supplemental interim final rule is to
permit foreign governments to file certifications in either the format
that was in use prior to the effective date of the Interim Final Rule
or in the format provided in the Interim Final Rule in order for the
Department to have sufficient time to analyze fully the comments
received for the Interim Final Rule. Any delay could impede the ability
of foreign governments to participate in ongoing AD and CVD
proceedings, including their ability to submit information, and as a
result, any delay could negatively impact the Department's ability to
administer the AD and CVD law. Thus, providing prior notice would be
contrary to the public interest. For the same reasons, it would be
contrary to the public interest to allow the public an opportunity to
comment on this rule before it became effective. Since this is a
supplement to the interim final rule, the public will have an
opportunity to comment on this supplement until the end of the comment
period. The Department will consider those comments before announcing
the final rule.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., the Chief Counsel for Regulation at the Department certified to
the Chief Counsel for Advocacy, Small Business Administration, that the
proposed rule would not have a significant economic impact on a
substantial number of small entities. The factual basis for this
certification was published with the Interim Final Rule.\1\ The changes
made by this rule do not change this conclusion, and a final regulatory
flexibility analysis is not required and has not been prepared.
---------------------------------------------------------------------------
\1\ Interim Final Rule, 76 FR at 7498-99.
---------------------------------------------------------------------------
Paperwork Reduction Act
It has been determined that this rulemaking is not subject to the
Paperwork Reduction Act.\2\
---------------------------------------------------------------------------
\2\ Id.
---------------------------------------------------------------------------
Executive Order 13132
It has been determined that the rulemaking does not contain
federalism implications warranting the preparation of a federalism
assessment.
List of Subjects in 19 CFR Part 351
Administrative practice and procedure, Antidumping duties, Business
and industry, Confidential business information, Countervailing duties,
Investigations, Reporting and recordkeeping requirements.
Dated: August 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
For the reasons stated above, 19 CFR part 351 is amended as
follows:
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.; and 19 U.S.C. 3538.
0
2. Section 351.303(g) is revised to read as follows:
Sec. 351.303 Filing, document identification, format, translation,
service, and certification of documents.
* * * * *
(g) Certifications. A person must file with each submission
containing factual information the certification in paragraph (g)(1) of
this section and, in addition, if the person has legal counsel or
another representative, the certification in paragraph (g)(2) of this
section.
(1) For the person(s) officially responsible for presentation of
the factual information:
(i) COMPANY CERTIFICATION *
I, (PRINTED NAME AND TITLE), currently employed by (COMPANY NAME),
certify that I prepared or otherwise supervised the preparation of the
attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY TITLE AND
DATE) pursuant to the (INSERT ONE OF THE FOLLOWING: THE (ANTIDUMPING OR
COUNTERVAILING DUTY) INVESTIGATION OF (PRODUCT) FROM (COUNTRY) (CASE
NUMBER) or THE (DATES OF POR) (ADMINISTRATIVE OR NEW SHIPPER) REVIEW
UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM
(COUNTRY)) (CASE NUMBER) or THE SUNSET REVIEW OR CHANGED CIRCUMSTANCE
REVIEW OR SCOPE RULING OR CIRCUMVENTION INQUIRY OF AD/CVD ORDER ON
(PRODUCT) FROM (COUNTRY) (CASE NUMBER). I certify that the information
contained in this submission is accurate and complete to the best of my
knowledge. I am aware that the information contained in this submission
may be subject to verification or corroboration (as appropriate) by the
U.S. Department of Commerce. I am also aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on
individuals who knowingly and willfully make material false statements
to the U.S. Government. In addition, I am aware that, even if this
submission may be withdrawn from the record of the AD/CVD proceeding,
the Department may preserve this submission, including a business
proprietary submission, for purposes of determining the accuracy of
this certification. I certify that I am filing a copy of this signed
certification with this submission to the U.S. Department of Commerce
and that I will retain the original for a five-year period commencing
with the filing of this document. The original will be available for
inspection by U.S. Department of Commerce officials.
Signature: _____________
Date: _______________
* For multiple person certifications, all persons should be listed
in the first sentence of the certification and all persons should sign
and date the certification. In addition, singular pronouns and
possessive adjectives should be changed accordingly, e.g., ``I'' should
be changed to ``we'' and ``my knowledge'' should be changed to ``our
knowledge.''
(ii) GOVERNMENT CERTIFICATION **
I, (PRINTED NAME AND TITLE), currently employed by (GOVERNMENT),
certify that I prepared or otherwise supervised the preparation of the
attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY TITLE AND
DATE) pursuant to the (INSERT ONE OF THE FOLLOWING: THE (ANTIDUMPING OR
COUNTERVAILING DUTY) INVESTIGATION OF (PRODUCT) FROM (COUNTRY) (CASE
NUMBER) or THE (DATES OF POR) (ADMINISTRATIVE OR NEW SHIPPER) REVIEW
UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM
(COUNTRY)) (CASE NUMBER) or THE SUNSET REVIEW OR CHANGED CIRCUMSTANCE
REVIEW OR SCOPE RULING OR CIRCUMVENTION INQUIRY OF AD/CVD ORDER ON
(PRODUCT) FROM (COUNTRY) (CASE NUMBER). I certify that the information
contained in this submission is accurate and complete to the best of my
knowledge. I am aware that the information contained in this submission
may be subject to verification or corroboration (as appropriate) by the
U.S. Department of Commerce. I am also aware that U.S. law (including,
but not limited to, 18
[[Page 54700]]
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. Government. In
addition, I am aware that, even if this submission may be withdrawn
from the record of the AD/CVD proceeding, the Department may preserve
this submission, including a business proprietary submission, for
purposes of determining the accuracy of this certification. I certify
that I am filing a copy of this signed certification with this
submission to the U.S. Department of Commerce and that I will retain
the original for a five-year period commencing with the filing of this
document. The original will be available for inspection by U.S.
Department of Commerce officials.
Signature: _____________
Date: _______________
** For multiple person certifications, all persons should be listed in
the first sentence of the certification and all persons should sign and
date the certification. In addition, singular pronouns and possessive
adjectives should be changed accordingly, e.g., ``I'' should be changed
to ``we'' and ``my knowledge'' should be changed to ``our knowledge.''
OR
I, (name and title), currently employed by (person), certify that
(1) I have read the attached submission, and (2) the information
contained in this submission is, to the best of my knowledge, complete
and accurate.
(2) For the legal counsel or other representative:
REPRESENTATIVE CERTIFICATION ***
I, (PRINTED NAME), with (LAW FIRM or OTHER FIRM), counsel or
representative to (COMPANY OR GOVERNMENT OR PARTY), certify that I have
read the attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY
TITLE AND DATE) pursuant to the (INSERT ONE OF THE FOLLOWING: THE
(ANTIDUMPING OR COUNTERVAILING DUTY) INVESTIGATION OF (PRODUCT) FROM
(COUNTRY) (CASE NUMBER) or THE (DATES OF POR) (ADMINISTRATIVE OR NEW
SHIPPER) REVIEW UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON
(PRODUCT) FROM (COUNTRY) (CASE NUMBER) or THE SUNSET REVIEW OR CHANGED
CIRCUMSTANCE REVIEW OR SCOPE RULING OR CIRCUMVENTION INQUIRY OF AD/CVD
ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER). In my capacity as an
adviser, counsel, preparer or reviewer of this submission, I certify
that the information contained in this submission is accurate and
complete to the best of my knowledge. I am aware that U.S. law
(including, but not limited to, 18 U.S.C. 1001) imposes criminal
sanctions on individuals who knowingly and willfully make material
false statements to the U.S. Government. In addition, I am aware that,
even if this submission may be withdrawn from the record of the AD/CVD
proceeding, the Department may preserve this submission, including a
business proprietary submission, for purposes of determining the
accuracy of this certification. I certify that I am filing a copy of
this signed certification with this submission to the U.S. Department
of Commerce and that I will retain the original for a five-year period
commencing with the filing of this document. The original will be
available for inspection by U.S. Department of Commerce officials.
Signature: _____________
Date: _______________
*** For multiple representative certifications, all representatives and
their firms should be listed in the first sentence of the certification
and all representatives should sign and date the certification. In
addition, singular pronouns and possessive adjectives should be changed
accordingly, e.g., ``I'' should be changed to ``we'' and ``my
knowledge'' should be changed to ``our knowledge.''
[FR Doc. 2011-22344 Filed 9-1-11; 8:45 am]
BILLING CODE 3510-DS-P
