Modification of Regulations Regarding the Definition of Factual Information and Time Limits for Submission of Factual Information, 40534-40539 [2012-16715]

Download as PDF 40534 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 914344761. Participants are responsible for ensuring their computer systems are compatible with the webinar software. The purpose of the meeting is to receive comments and to help DOE understand potential issues associated with this rulemaking. DOE must receive requests to speak at the meeting before 4 p.m., July 23, 2012. DOE must receive a signed original and an electronic copy of statements to be given at the public meeting before 4 p.m., July 23, 2012. B. Procedure for Submitting Requests to Speak Any person who has an interest in today’s notice or who is a representative of a group or class of persons that has an interest in these issues may request an opportunity to make an oral presentation. Such persons may handdeliver requests to speak, along with a computer diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format to Ms. Brenda Edwards at the address shown in the ADDRESSES section at the beginning of this NOPM between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. Requests may also be sent by mail to the address shown in the ADDRESSES section or email to Brenda.Edwards@ee.doe.gov. Persons requesting to speak should briefly describe the nature of their interest in this rulemaking and provide a telephone number for contact. DOE requests persons selected to be heard to submit an advance copy of their statements at least two weeks before the public meeting. At its discretion, DOE may permit any person who cannot supply an advance copy of their statement to participate, if that person has made advance alternative arrangements with the Building Technologies Program. The request to give an oral presentation should ask for such alternative arrangements. wreier-aviles on DSK6TPTVN1PROD with PROPOSALS C. Conduct of Public Meeting DOE will designate a DOE official to preside at the public meeting and may also employ a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 6306) A court reporter will record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. After the public meeting, interested parties may submit further comments on the proceedings as well as on any aspect of the rulemaking until the end of the comment period. VerDate Mar<15>2010 15:05 Jul 09, 2012 Jkt 226001 The public meeting will be conducted in an informal conference style. DOE will present summaries of comments received before the public meeting, allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a prepared general statement (within DOE-determined time limits) prior to the discussion of specific topics. DOE will permit other participants to comment briefly on any general statements. At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer questions from DOE and other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the public meeting. A transcript of the public meeting will be posted on the DOE Web site and will also be included in the docket, which can be viewed as described in the Docket section at the beginning of this notice. In addition, any person may buy a copy of the transcript from the transcribing reporter. D. Submission of Comments DOE will accept comments, data, and other information regarding this rulemaking before or after the public meeting, but no later than the date provided at the beginning of this NOPM. Please submit comments, data, and other information as provided in the ADDRESSES section. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid the use of special characters or any form of encryption. Comments in electronic format should be identified by the Docket Number EERE–2010–BT– STD–0011 and/or RIN 1904–AC22 and, wherever possible, carry the electronic signature of the author. No telefacsimiles (faxes) will be accepted. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: One copy of the document including all the information believed to be confidential PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination as to the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) a date upon which such information might lose its confidential nature due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this NOPM. Issued in Washington, DC, on June 28, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2012–16816 Filed 7–9–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 351 [Docket No. 120411407–2407–01] RIN 0625–AA91 Modification of Regulations Regarding the Definition of Factual Information and Time Limits for Submission of Factual Information Import Administration, International Trade Administration, Department of Commerce. ACTION: Proposed rule; request for comments. AGENCY: The Department of Commerce (the Department) proposes to modify its regulations which define ‘‘factual information’’ and establish time limits for the submission of factual information in antidumping (AD) and countervailing duty (CVD) proceedings. The modifications to the definition of SUMMARY: E:\FR\FM\10JYP1.SGM 10JYP1 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules factual information, if adopted, will more clearly describe the types of information that can be submitted by a person or placed on the record by the Department in a segment of a proceeding. The modifications to the time limits in which such information may be submitted or placed on the record, if adopted, will enable the Department to efficiently determine what type of information is being submitted and whether it is timely filed, and to provide sufficient opportunity for the Department to review submissions of factual information. To be assured of consideration, comments must be received no later than August 24, 2012. DATES: All comments must be submitted through the Federal eRulemaking Portal at http:// www.regulations.gov, Docket No. ITA– 2011–XXXX, unless the commenter does not have access to the internet. 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 Paul Piquado, Assistant Secretary for Import Administration, Room 1870, Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230. The comments should also be identified by Regulation Identifier Number (RIN) 0625–AA91. The Department will consider all comments 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) and online at http:// www.regulations.gov and on the Department’s Web site at http:// www.trade.gov/ia/. 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 (202) 482–0866, email address: webmastersupport@ita.doc.gov. wreier-aviles on DSK6TPTVN1PROD with PROPOSALS ADDRESSES: FOR FURTHER INFORMATION CONTACT: Joanna Theiss at (202) 482–5052 or Charles Vannatta at (202) 482–4036. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:05 Jul 09, 2012 Jkt 226001 Background The Department proposes to modify two regulations related to AD and CVD proceedings: The definition of factual information, 19 CFR 351.102(b)(21), and the time limits for the submission of factual information, 19 CFR 351.301. Currently, 19 CFR 351.102(b)(21) defines factual information as: ‘‘(i) initial and supplemental questionnaire responses; (ii) data or statements of fact in support of allegations; (iii) other data or statements of facts; and (iv) documentary evidence.’’ The Department proposes modifying this definition in order to create distinct descriptive categories of factual information that can be submitted in a segment of a proceeding. The proposed rule identifies five categories of factual information, which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The proposed definition does not change the types of information that can be submitted in a segment of a proceeding; rather, it will allow for more accurate classification of factual information than the current definition. Currently, 19 CFR 351.301 sets forth the time limits for submission of factual information, including general time limits, time limits for certain submissions such as responses to questionnaires, and time limits for certain allegations. The Department proposes to modify 19 CFR 351.301 so that, rather than providing general time limits, there will be specific time limits based on the type of factual information being submitted, in accordance with the proposed changes to 19 CFR 351.102(b)(21). This will enable the Department to review and analyze the factual information at the appropriate stage in the proceeding, based on the Department’s experience in administering the AD and CVD laws, rather than being required to review large amounts of factual information on the record of a proceeding when it is too late to adequately examine, analyze, conduct follow-up inquiries regarding and, if necessary, verify the information. This modification will also provide clarity to persons concerning the deadlines for submissions of certain factual information in a segment of a proceeding, including the submission of PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 40535 factual information to rebut, clarify, or correct factual information that is already on the record. The Department also proposes to require any person, when submitting factual information, to specify under which subsection of proposed § 351.102(b)(21) the information is being submitted and if the information is submitted to rebut, clarify, or correct factual information already on the record, in order to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. This will enable the Department and interested parties to efficiently identify the factual information and to analyze it in accordance with the purpose for which it is being submitted. Classification Executive Order 12866 This proposed rule has been determined to be not significant for purposes Executive Order 12866. Initial Regulatory Flexibility Analysis (IRFA) Pursuant to Section 603 of the Regulatory Flexibility Act, the Department has prepared the following IRFA to analyze the potential impact that this proposed rule, if adopted, would have on small entities. Description of the Reasons Why Action Is Being Considered The policy reasons for issuing this proposed rule are discussed in the preamble of this document, and not repeated here. Statement of the Objectives of, and Legal Basis for, the Proposed Rule; Identification of All Relevant Federal Rules Which May Duplicate, Overlap, or Conflict With the Proposed Rule This proposed rule is intended to alter the Import Administration’s regulations for AD and CVD proceedings; specifically, to change the definition of factual information and the deadlines for submitting information in AD and CVD proceedings. The proposed rule would alter several deadlines for submitting factual information in a segment of a proceeding. Information submitted to rebut, clarify, or correct factual information would generally have a deadline of 10 days from the date that the factual information is served on the interested party or filed with the Department, except that information submitted to rebut, clarify, or correct information in an initial questionnaire response would be due 14 days after the initial response is filed with the E:\FR\FM\10JYP1.SGM 10JYP1 40536 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules wreier-aviles on DSK6TPTVN1PROD with PROPOSALS Department. Factual information voluntarily provided to support allegations regarding market viability and the basis for determining normal value would be due 10 days after the respondent interested party files the response to the relevant section of the questionnaire. Factual information provided to support an allegation of an upstream subsidy would be due 60 days after the preliminary determination. Deadlines for submissions of factual information to value factors of production and to measure the adequacy of remuneration will be imposed or shortened, as appropriate, but this is expected to have a beneficial impact on small entities that participate in AD and CVD proceedings because they will have the opportunity to review and comment on the Department’s preliminary analysis of the information, which is not the case under current regulations. The legal basis for this rule is 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. No other Federal rules duplicate, overlap, or conflict with this proposed rule. Number and Description of Small Entities Regulated by the Proposed Action The proposed rules will apply to all persons submitting information to the Department in AD and CVD proceedings. This could include exporters and producers of merchandise subject to AD and CVD proceedings and their affiliates, importers of such merchandise, domestic producers of like products, and foreign governments. Exporters and producers of subject merchandise are rarely U.S. companies. Some producers and exporters of subject merchandise do have U.S. affiliates, some of which may be considered small entities under the appropriate Small Business Administration (SBA) small business size standard. The Department is not able to estimate the number of exporters and producer domestic affiliates that may be considered small entities, but anticipates, based on its experience in these proceedings, that the number will not be substantial. Importers may be U.S. or foreign companies, and some of these entities may be considered small entities under the appropriate SBA small business size standard. The Department does not anticipate that the proposed rules will impact a substantial number of small importers because importers of subject merchandise who are not also producers and exporters (or their affiliates) rarely submit factual information in the course of the Department’s AD and CVD VerDate Mar<15>2010 15:05 Jul 09, 2012 Jkt 226001 proceedings, and those that do tend to be larger entities. Some domestic producers of like products may be considered small entities under the appropriate SBA small business size standard. Although it is unable to estimate the number of producers that may be considered small entities, the Department does not anticipate that the number affected by the proposed rule will be substantial. Frequently, domestic producers that bring a petition account for a large amount of the domestic production within an industry, so it is unlikely that these domestic producers will be small entities. In sum, while recognizing that exporter and producer affiliates, importers, and domestic producers that submit information in AD and CVD proceedings will likely include some small entities, the Department, based on its experience with these proceedings and the participating parties, does not anticipate that the proposed rule would impact a substantial number of small entities. Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule The proposed rules will require persons submitting factual information to the Department to specify under which subsection of the proposed definition the information is being submitted. If it is being submitted to rebut, clarify, or correct factual information already on the record, the person will be required to identify the information already on the record that the factual information seeks to rebut, clarify or correct. This will not amount to a significant burden as the submitter should already be aware of the relevant subsection pursuant to which it is submitting factual information; in addition, all of the required information should be readily available to any person submitting factual information to the Department. Description of Any Significant Alternatives to the Proposed Rule That Accomplish the Stated Objectives of Applicable Statutes and That Minimize Any Significant Economic Impact of the Proposed Rule on Small Entities As required by 5 U.S.C. 603(c), the Department’s analysis considered significant alternatives. The alternatives which the Department considered include: (1) The preferred alternative of modifying the definition of factual information and modifying the time limits, as described in this proposed rule; (2) maintaining the existing definition of factual information and the PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 time limits for the submission of factual information; (3) modifying the definition of factual information but maintaining all time limits; and, (4) modifying the definition of factual information and extending the time limits. The Department does not anticipate that the first, preferred alternative will have a significant economic impact on small entities. The changes to the definition of ‘‘factual information’’ do not impose any significant burden on the parties in AD or CVD proceedings; the changes do not alter the types of information that may be submitted, but merely re-categorizes them into more logical groupings than the current definition. The changes to the deadlines for submitting factual information are also not expected to have a significant economic impact on small entities. Although some deadlines are shortened, these are either not expected to have a significant impact on small entities or will actually have a positive impact. For example, for the submission of factual information in support of allegations, or to rebut, clarify, or correct factual information, in the Department’s experience the parties submitting these allegations or rebuttals/clarifications/ corrections will possess the relevant information with sufficient time to submit them before the information would be due. By contrast, shortening the time limits for the submission of factual information to value factors of production will have a beneficial impact on any small entities that are participating in an AD proceeding, because it will provide them with an opportunity to review and comment on the Department’s preliminary analysis of this information. Because the time limits currently permit such information to be submitted after the Department issues its preliminary calculations, parties wishing to assess the significance of this information would need to undertake their own analysis of the often voluminous information submitted. Such analysis of the often voluminous information may be particularly burdensome for small entities. In addition, parties continue to have a significant amount of time to gather this type of information in advance of the time limit because the Department accepts only publicly available information pursuant to this provision. Further, establishing a time limit for the submission of factual information to measure the adequacy of remuneration under § 351.511(a)(2), where the current regulation does not include any time limit, will provide certainty to parties, including those who E:\FR\FM\10JYP1.SGM 10JYP1 wreier-aviles on DSK6TPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules wish to submit factual information to rebut, clarify or correct the factual information submitted under this provision. Under alternative two, the Department determined that maintaining the definition of factual information and the time limits provision would not serve the objective of the proposed rules to permit the Department and interested parties adequate opportunity to review and analyze submissions of factual information in an efficient manner. If the Department were to maintain the current rules, then persons would still be able to submit large amounts of factual information on the record of an AD or CVD segment very close to the Department’s statutory deadlines for making certain determinations, thus limiting the Department’s ability to consider, analyze and, if applicable, verify the information submitted. The current definition and time limits also do not provide sufficient clarity to persons participating in an AD or CVD proceeding, because the current rules do not require persons submitting information to identify the type of information which is being submitted. Although this alternative was considered, it was not adopted because it does not serve the Department’s objectives of creating certainty for participants in AD and CVD proceedings. The Department also considered modifying the definition of factual information without modifying the time limits provision, listed as alternative three. This alternative would serve the objective of the proposed rules to identify more clearly the types of factual information which are submitted in AD and CVD proceedings, but does not serve the goal of enabling the Department to efficiently examine factual information at an appropriate stage in the proceeding. For instance, the Department determined that continuing to allow factual information in an AD or CVD investigation ‘‘seven days before the date on which verification of any person is scheduled to commence,’’ 19 CFR 351.301(b)(1), would run counter to the objectives of the proposed rules because the Department often does not have sufficient opportunity to review adequately submissions of factual information when they are submitted at this stage of the proceeding. In addition, maintaining the time limits for, for instance, the submission of factual information to value factors could deprive persons of the opportunity to comment on the Department’s preliminary analysis of these VerDate Mar<15>2010 15:05 Jul 09, 2012 Jkt 226001 submissions in their case briefs. The changes to the definition to more clearly describe the types of factual information which is submitted in an AD and CVD proceeding, without a corresponding modification to the time limits provision, would not serve the objectives of the Department and, thus, has not been adopted. Finally, as alternative four, the Department considered extending the time limits for the submission of factual information, but this alternative has not been adopted. The Department is required to make certain determinations for AD and CVD proceedings within prescribed statutory deadlines. The current regulations sometimes do not provide the Department with a sufficient opportunity to examine and analyze submissions of factual information before those statutory deadlines, and in some instances deprive parties of the opportunity to comment on the submissions of factual information in their case briefs. An extension of time limits would exacerbate the problem, which the proposed rules seek to address. Therefore, this alternative has not been adopted. Paperwork Reduction Act This rule does not require a collection of information for purposes of the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3501 et seq.). 40537 (21) Factual information. ‘‘Factual information’’ means: (i) Evidence, including statements of fact, documents, and data submitted either in response to initial and supplemental questionnaires, or, to rebut, clarify, or correct such evidence submitted by any other interested party; (ii) Evidence, including statements of fact, documents, and data submitted either in support of allegations, or, to rebut, clarify, or correct such evidence submitted by any other interested party; (iii) Publicly available information submitted to value factors under § 351.408(c) or to measure the adequacy of remuneration under § 351.511(a)(2), or, to rebut, clarify, or correct such publicly available information submitted by any other interested party; (iv) Evidence, including statements of fact, documents and data placed on the record by the Department, or, evidence submitted by any interested party to rebut, clarify or correct such evidence placed on the record by the Department; and (v) Evidence, including statements of fact, documents, and data, other than factual information described in (i)–(iv) of this section, in addition to evidence submitted by any other interested party to rebut, clarify, or correct such evidence. 3. In § 351.301, revise paragraph (a), (b) and (c), and remove paragraph (d) to read as follows: List of Subjects in 19 CFR Part 351 Administrative practice and procedure, Antidumping, Business and industry, Cheese, Confidential business information, Countervailing duties, Freedom of information, Investigations, Reporting and recordkeeping requirements. § 351.301 Time limits for submission of factual information. (a) Introduction. This section sets forth the time limits for submitting factual information, as defined by § 351.102(b)(21). The Department obtains most of its factual information in antidumping and countervailing duty proceedings from submissions made by interested parties during the course of the proceeding. Notwithstanding paragraph (b) of this section, the Secretary may request any person to submit factual information at any time during a proceeding or provide additional opportunities to submit factual information. Section 351.302 sets forth the procedures for requesting an extension of such time limits, and provides that, unless expressly precluded by statute, the Secretary may, for good cause, extend any time limit established in the Department’s regulations. Section 351.303 contains the procedural rules regarding filing (including procedures for filing on nonbusiness days), format, translation, service, and certification of documents. In the Secretary’s written request to an interested party for a response to a questionnaire or for other factual Dated: July 2, 2012. Paul Piquado, Assistant Secretary for Import Administration. For the reasons stated, 19 CFR part 351 is proposed to be 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. In § 351.102, revise paragraph (b)(21) to read as follows: § 351.102 * PO 00000 Definitions. * * * * (b) Definitions. * * * Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\10JYP1.SGM 10JYP1 wreier-aviles on DSK6TPTVN1PROD with PROPOSALS 40538 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules information, the Secretary will specify the following: The time limit for the response; the information to be provided; the form and manner in which the interested party must submit the information; and that failure to submit the requested information in the requested form and manner by the date specified may result in use of the facts available under section 776 of the Act and § 351.308. (b) Submission of factual information. Every submission of factual information must be accompanied by a written explanation identifying the subsection of § 351.102(b)(21) under which the information is being submitted. (1) If an interested party states that the information is submitted under subsection § 351.102(b)(21)(v), the party must explain why the information does not satisfy the definitions described in § 351.102(b)(21)(i)–(iv). (2) If the factual information is being submitted to rebut, clarify, or correct factual information on the record, the submitter must provide a written explanation identifying the information which is already on the record that the factual information seeks to rebut, clarify, or correct, including the name of the interested party that submitted the information and the date on which the information was submitted. (c) Time limits. The type of factual information determines the time limit for submission to the Department. (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 § 351.204(d)(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 § 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. VerDate Mar<15>2010 15:05 Jul 09, 2012 Jkt 226001 (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 § 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. (2) Factual information submitted in support of allegations. Factual information submitted in support of allegations must be accompanied by a summary, not to exceed five pages, of the allegation and supporting data. (i) Market viability and the basis for determining normal value. Allegations regarding market viability in an antidumping investigation or administrative review, including the exceptions in § 351.404(c)(2), are due, with all supporting factual information, 10 days after the respondent interested party files the response to the relevant section of the questionnaire, unless the Secretary alters this time limit. (ii) Sales at prices below the cost of production. Allegations of sales at prices below the cost of production made by the petitioner or other PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 domestic interested party are due within: (A) In an antidumping investigation, on a country-wide basis, 20 days after the date on which the initial questionnaire was issued to any person, unless the Secretary alters this time limit; or, on a company-specific basis, 20 days after a respondent interested party files the response to the relevant section of the questionnaire, unless the relevant questionnaire response is, in the Secretary’s view, incomplete, in which case the Secretary will determine the time limit; (B) In an administrative review, new shipper review, or changed circumstances review, on a companyspecific basis, 20 days after a respondent interested party files the response to the relevant section of the questionnaire, unless the relevant questionnaire response is, in the Secretary’s view, incomplete, in which case the Secretary will determine the time limit; or (C) In an expedited antidumping review, on a company-specific basis, 10 days after the date of publication of the notice of initiation of the review. (iii) Purchases of major inputs from an affiliated party at prices below the affiliated party’s cost of production. An allegation of purchases of major inputs from an affiliated party at prices below the affiliated party’s cost of production made by the petitioner or other domestic interested party is due within 20 days after a respondent interested party files the response to the relevant section of the questionnaire, unless the relevant questionnaire response is, in the Secretary’s view, incomplete, in which case the Secretary will determine the time limits. (iv) Countervailable subsidy; upstream subsidy. A countervailable subsidy allegation made by the petitioner or other domestic interested party is due no later than: (A) In a countervailing duty investigation, 40 days before the scheduled date of the preliminary determination, unless the Secretary extends this time limit for good cause; or (B) In an administrative review, new shipper review, or changed circumstances review, 20 days after all responses to the initial questionnaire are filed with the Department, unless the Secretary alters this time limit. (C) Exception for upstream subsidy allegation in an investigation. In a countervailing duty investigation, an allegation of upstream subsidies made by the petitioner or other domestic interested party is due no later than 60 E:\FR\FM\10JYP1.SGM 10JYP1 wreier-aviles on DSK6TPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules days after the date of the preliminary determination. (v) Other allegations. An interested party may submit factual information in support of other allegations not specified in subsections (i)–(iv). Upon receipt of factual information under this subsection, the Secretary will issue a memorandum accepting or rejecting the information and, to the extent practicable, will provide written notice stating the reasons for rejection. If the Secretary accepts the information, the Secretary will issue a schedule providing deadlines for submission of factual information to rebut, clarify or correct the factual information. (vi) Rebuttal, clarification, or correction of factual information submitted in support of allegations. An interested party is permitted one opportunity to submit factual information to rebut, clarify, or correct factual information submitted in support of allegations 10 days after the date such factual information is served on an interested party. (3) Factual information submitted to value factors under § 351.408(c) or to measure the adequacy of remuneration under § 351.511(a)(2). (i) Antidumping or countervailing duty investigations. All submissions of factual information to value factors of production under § 351.408(c) in an antidumping investigation, or to measure the adequacy of remuneration under § 351.511(a)(2) in a countervailing duty investigation, are due no later than 30 days before the scheduled date of the preliminary determination; (ii) Administrative review, new shipper review, or changed circumstances review. All submissions of factual information to value factors under § 351.408(c), or to measure the adequacy of remuneration under § 351.511(a)(2), are due no later than 30 days before the scheduled date of the preliminary results of review; and (iii) Expedited antidumping review. All submissions of factual information to value factors under § 351.408(c) are due on a date specified by the Secretary. (iv) Rebuttal, clarification, or correction of factual information submitted to value factors under § 351.408(c) or to measure the adequacy of remuneration under § 351.511(a)(2). An interested party is permitted one opportunity to submit arguments or publicly available information to rebut, clarify, or correct such factual information submitted pursuant to § 351.408(c) or § 351.511(a)(2) 10 days after the date such factual information is served on the interested party. An interested party may not submit additional, previously absent-from-the- VerDate Mar<15>2010 15:05 Jul 09, 2012 Jkt 226001 record alternative surrogate value information under this subsection. Additionally, all factual information submitted under this subsection must be accompanied by a written explanation identifying what information already on the record of the ongoing proceeding the factual information is rebutting, clarifying, or correcting. Information submitted to rebut, clarify, or correct factual information submitted pursuant to § 351.408(c) will not be used to value factors under § 351.408(c). (4) Factual information placed on the record of the proceeding by the Department. The Department may place factual information on the record of the proceeding at any time. An interested party is permitted one opportunity to submit factual information to rebut, clarify, or correct factual information placed on the record of the proceeding by the Department by a date specified by the Secretary. (5) Factual information not directly responsive to or relating to paragraphs (1)–(4). This subsection applies to factual information other than that described in § 351.102(b)(21)(i)–(iv). The Secretary will reject information filed under this subsection that satisfies the definition of information described in § 351.102(b)(21)(i)–(iv) and that was not filed within the deadlines specified above. All submissions of factual information under this subsection are required to clearly explain why the information contained therein does not meet the definition of factual information described in § 351.102(b)(21)(i)–(iv), and must provide a detailed narrative of exactly what information is contained in the submission and why it should be considered. The deadline for filing such information will be 30 days before the scheduled date of the preliminary determination in an investigation, or 14 days before verification, whichever is earlier, and 30 days before the scheduled date of the preliminary results in an administrative review, or 14 days before verification, whichever is earlier. (i) Upon receipt of factual information under this subsection, the Secretary will issue a memorandum accepting or rejecting the information and, to the extent practicable, will provide written notice stating the reasons for rejection. (ii) If the Secretary accepts the information, the Secretary will issue a schedule providing deadlines for submission of factual information to rebut, clarify or correct the factual information. [FR Doc. 2012–16715 Filed 7–9–12; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 40539 DEPARTMENT OF JUSTICE 28 CFR Part 16 [CPCLO Order No. 013–2012] Privacy Act of 1974; Implementation Federal Bureau of Investigation, Department of Justice. ACTION: Notice of proposed rulemaking. AGENCY: Elsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice, has published a notice of a new Privacy Act system of records, JUSTICE/FBI–022, the FBI Data Warehouse System. In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI. Public comment is invited. DATES: Comments must be received by August 9, 2012. ADDRESSES: Address all comments to the Privacy Analyst, Privacy and Civil Liberties Office, National Place Building, 1331 Pennsylvania Ave. NW., Suite 1000, Washington, DC 20530– 0001 or facsimile 202–307–0693. To ensure proper handling, please reference the CPCLO Order No. on your correspondence. You may review an electronic version of the proposed rule at http://www.regulations.gov and you may also comment by using the http:// www.regulations.gov comment form for this regulation. Please include the CPCLO Order No. in the subject box. Please note that the Department is requesting that electronic comments be submitted before midnight Eastern Daylight Savings Time on the day the comment period closes because http:// www.regulations.gov terminates the public’s ability to submit comments at that time. Commenters in time zones other than Eastern Time may want to consider this so that their electronic comments are received. All comments sent via regular or express mail will be considered timely if postmarked on the day the comment period closes. Posting of Public Comments: Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov and in the Department’s public docket. Such information includes personally identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personally identifying information (such as your SUMMARY: E:\FR\FM\10JYP1.SGM 10JYP1

Agencies

[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40534-40539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16715]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 120411407-2407-01]
RIN 0625-AA91


Modification of Regulations Regarding the Definition of Factual 
Information and Time Limits for Submission of Factual Information

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (the Department) proposes to modify 
its regulations which define ``factual information'' and establish time 
limits for the submission of factual information in antidumping (AD) 
and countervailing duty (CVD) proceedings. The modifications to the 
definition of

[[Page 40535]]

factual information, if adopted, will more clearly describe the types 
of information that can be submitted by a person or placed on the 
record by the Department in a segment of a proceeding. The 
modifications to the time limits in which such information may be 
submitted or placed on the record, if adopted, will enable the 
Department to efficiently determine what type of information is being 
submitted and whether it is timely filed, and to provide sufficient 
opportunity for the Department to review submissions of factual 
information.

DATES: To be assured of consideration, comments must be received no 
later than August 24, 2012.

ADDRESSES: All comments must be submitted through the Federal 
eRulemaking Portal at http://www.regulations.gov, Docket No. ITA-2011-
XXXX, unless the commenter does not have access to the internet. 
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 Paul Piquado, 
Assistant Secretary for Import Administration, Room 1870, Department of 
Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230. 
The comments should also be identified by Regulation Identifier Number 
(RIN) 0625-AA91.
    The Department will consider all comments 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) and online at http://www.regulations.gov and on the 
Department's Web site at http://www.trade.gov/ia/.
    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 
(202) 482-0866, email address: webmaster-support@ita.doc.gov.

FOR FURTHER INFORMATION CONTACT: Joanna Theiss at (202) 482-5052 or 
Charles Vannatta at (202) 482-4036.

SUPPLEMENTARY INFORMATION:

Background

    The Department proposes to modify two regulations related to AD and 
CVD proceedings: The definition of factual information, 19 CFR 
351.102(b)(21), and the time limits for the submission of factual 
information, 19 CFR 351.301. Currently, 19 CFR 351.102(b)(21) defines 
factual information as: ``(i) initial and supplemental questionnaire 
responses; (ii) data or statements of fact in support of allegations; 
(iii) other data or statements of facts; and (iv) documentary 
evidence.'' The Department proposes modifying this definition in order 
to create distinct descriptive categories of factual information that 
can be submitted in a segment of a proceeding.
    The proposed rule identifies five categories of factual 
information, which are summarized as follows: (i) Evidence submitted in 
response to questionnaires; (ii) evidence submitted in support of 
allegations; (iii) publicly available information to value factors 
under 19 CFR 351.408(c) or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The proposed definition does not change the types of 
information that can be submitted in a segment of a proceeding; rather, 
it will allow for more accurate classification of factual information 
than the current definition.
    Currently, 19 CFR 351.301 sets forth the time limits for submission 
of factual information, including general time limits, time limits for 
certain submissions such as responses to questionnaires, and time 
limits for certain allegations. The Department proposes to modify 19 
CFR 351.301 so that, rather than providing general time limits, there 
will be specific time limits based on the type of factual information 
being submitted, in accordance with the proposed changes to 19 CFR 
351.102(b)(21). This will enable the Department to review and analyze 
the factual information at the appropriate stage in the proceeding, 
based on the Department's experience in administering the AD and CVD 
laws, rather than being required to review large amounts of factual 
information on the record of a proceeding when it is too late to 
adequately examine, analyze, conduct follow-up inquiries regarding and, 
if necessary, verify the information. This modification will also 
provide clarity to persons concerning the deadlines for submissions of 
certain factual information in a segment of a proceeding, including the 
submission of factual information to rebut, clarify, or correct factual 
information that is already on the record.
    The Department also proposes to require any person, when submitting 
factual information, to specify under which subsection of proposed 
Sec.  351.102(b)(21) the information is being submitted and if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, in order to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. This will enable the 
Department and interested parties to efficiently identify the factual 
information and to analyze it in accordance with the purpose for which 
it is being submitted.

Classification

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes Executive Order 12866.

Initial Regulatory Flexibility Analysis (IRFA)

    Pursuant to Section 603 of the Regulatory Flexibility Act, the 
Department has prepared the following IRFA to analyze the potential 
impact that this proposed rule, if adopted, would have on small 
entities.

Description of the Reasons Why Action Is Being Considered

    The policy reasons for issuing this proposed rule are discussed in 
the preamble of this document, and not repeated here.

Statement of the Objectives of, and Legal Basis for, the Proposed Rule; 
Identification of All Relevant Federal Rules Which May Duplicate, 
Overlap, or Conflict With the Proposed Rule

    This proposed rule is intended to alter the Import Administration's 
regulations for AD and CVD proceedings; specifically, to change the 
definition of factual information and the deadlines for submitting 
information in AD and CVD proceedings.
    The proposed rule would alter several deadlines for submitting 
factual information in a segment of a proceeding. Information submitted 
to rebut, clarify, or correct factual information would generally have 
a deadline of 10 days from the date that the factual information is 
served on the interested party or filed with the Department, except 
that information submitted to rebut, clarify, or correct information in 
an initial questionnaire response would be due 14 days after the 
initial response is filed with the

[[Page 40536]]

Department. Factual information voluntarily provided to support 
allegations regarding market viability and the basis for determining 
normal value would be due 10 days after the respondent interested party 
files the response to the relevant section of the questionnaire. 
Factual information provided to support an allegation of an upstream 
subsidy would be due 60 days after the preliminary determination.
    Deadlines for submissions of factual information to value factors 
of production and to measure the adequacy of remuneration will be 
imposed or shortened, as appropriate, but this is expected to have a 
beneficial impact on small entities that participate in AD and CVD 
proceedings because they will have the opportunity to review and 
comment on the Department's preliminary analysis of the information, 
which is not the case under current regulations.
    The legal basis for this rule is 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. No 
other Federal rules duplicate, overlap, or conflict with this proposed 
rule.

Number and Description of Small Entities Regulated by the Proposed 
Action

    The proposed rules will apply to all persons submitting information 
to the Department in AD and CVD proceedings. This could include 
exporters and producers of merchandise subject to AD and CVD 
proceedings and their affiliates, importers of such merchandise, 
domestic producers of like products, and foreign governments.
    Exporters and producers of subject merchandise are rarely U.S. 
companies. Some producers and exporters of subject merchandise do have 
U.S. affiliates, some of which may be considered small entities under 
the appropriate Small Business Administration (SBA) small business size 
standard. The Department is not able to estimate the number of 
exporters and producer domestic affiliates that may be considered small 
entities, but anticipates, based on its experience in these 
proceedings, that the number will not be substantial.
    Importers may be U.S. or foreign companies, and some of these 
entities may be considered small entities under the appropriate SBA 
small business size standard. The Department does not anticipate that 
the proposed rules will impact a substantial number of small importers 
because importers of subject merchandise who are not also producers and 
exporters (or their affiliates) rarely submit factual information in 
the course of the Department's AD and CVD proceedings, and those that 
do tend to be larger entities.
    Some domestic producers of like products may be considered small 
entities under the appropriate SBA small business size standard. 
Although it is unable to estimate the number of producers that may be 
considered small entities, the Department does not anticipate that the 
number affected by the proposed rule will be substantial. Frequently, 
domestic producers that bring a petition account for a large amount of 
the domestic production within an industry, so it is unlikely that 
these domestic producers will be small entities.
    In sum, while recognizing that exporter and producer affiliates, 
importers, and domestic producers that submit information in AD and CVD 
proceedings will likely include some small entities, the Department, 
based on its experience with these proceedings and the participating 
parties, does not anticipate that the proposed rule would impact a 
substantial number of small entities.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Proposed Rule

    The proposed rules will require persons submitting factual 
information to the Department to specify under which subsection of the 
proposed definition the information is being submitted. If it is being 
submitted to rebut, clarify, or correct factual information already on 
the record, the person will be required to identify the information 
already on the record that the factual information seeks to rebut, 
clarify or correct. This will not amount to a significant burden as the 
submitter should already be aware of the relevant subsection pursuant 
to which it is submitting factual information; in addition, all of the 
required information should be readily available to any person 
submitting factual information to the Department.

Description of Any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize Any Significant Economic Impact of the Proposed Rule on Small 
Entities

    As required by 5 U.S.C. 603(c), the Department's analysis 
considered significant alternatives. The alternatives which the 
Department considered include: (1) The preferred alternative of 
modifying the definition of factual information and modifying the time 
limits, as described in this proposed rule; (2) maintaining the 
existing definition of factual information and the time limits for the 
submission of factual information; (3) modifying the definition of 
factual information but maintaining all time limits; and, (4) modifying 
the definition of factual information and extending the time limits.
    The Department does not anticipate that the first, preferred 
alternative will have a significant economic impact on small entities. 
The changes to the definition of ``factual information'' do not impose 
any significant burden on the parties in AD or CVD proceedings; the 
changes do not alter the types of information that may be submitted, 
but merely re-categorizes them into more logical groupings than the 
current definition. The changes to the deadlines for submitting factual 
information are also not expected to have a significant economic impact 
on small entities. Although some deadlines are shortened, these are 
either not expected to have a significant impact on small entities or 
will actually have a positive impact. For example, for the submission 
of factual information in support of allegations, or to rebut, clarify, 
or correct factual information, in the Department's experience the 
parties submitting these allegations or rebuttals/clarifications/
corrections will possess the relevant information with sufficient time 
to submit them before the information would be due.
    By contrast, shortening the time limits for the submission of 
factual information to value factors of production will have a 
beneficial impact on any small entities that are participating in an AD 
proceeding, because it will provide them with an opportunity to review 
and comment on the Department's preliminary analysis of this 
information. Because the time limits currently permit such information 
to be submitted after the Department issues its preliminary 
calculations, parties wishing to assess the significance of this 
information would need to undertake their own analysis of the often 
voluminous information submitted. Such analysis of the often voluminous 
information may be particularly burdensome for small entities. In 
addition, parties continue to have a significant amount of time to 
gather this type of information in advance of the time limit because 
the Department accepts only publicly available information pursuant to 
this provision. Further, establishing a time limit for the submission 
of factual information to measure the adequacy of remuneration under 
Sec.  351.511(a)(2), where the current regulation does not include any 
time limit, will provide certainty to parties, including those who

[[Page 40537]]

wish to submit factual information to rebut, clarify or correct the 
factual information submitted under this provision.
    Under alternative two, the Department determined that maintaining 
the definition of factual information and the time limits provision 
would not serve the objective of the proposed rules to permit the 
Department and interested parties adequate opportunity to review and 
analyze submissions of factual information in an efficient manner. If 
the Department were to maintain the current rules, then persons would 
still be able to submit large amounts of factual information on the 
record of an AD or CVD segment very close to the Department's statutory 
deadlines for making certain determinations, thus limiting the 
Department's ability to consider, analyze and, if applicable, verify 
the information submitted. The current definition and time limits also 
do not provide sufficient clarity to persons participating in an AD or 
CVD proceeding, because the current rules do not require persons 
submitting information to identify the type of information which is 
being submitted. Although this alternative was considered, it was not 
adopted because it does not serve the Department's objectives of 
creating certainty for participants in AD and CVD proceedings.
    The Department also considered modifying the definition of factual 
information without modifying the time limits provision, listed as 
alternative three. This alternative would serve the objective of the 
proposed rules to identify more clearly the types of factual 
information which are submitted in AD and CVD proceedings, but does not 
serve the goal of enabling the Department to efficiently examine 
factual information at an appropriate stage in the proceeding. For 
instance, the Department determined that continuing to allow factual 
information in an AD or CVD investigation ``seven days before the date 
on which verification of any person is scheduled to commence,'' 19 CFR 
351.301(b)(1), would run counter to the objectives of the proposed 
rules because the Department often does not have sufficient opportunity 
to review adequately submissions of factual information when they are 
submitted at this stage of the proceeding. In addition, maintaining the 
time limits for, for instance, the submission of factual information to 
value factors could deprive persons of the opportunity to comment on 
the Department's preliminary analysis of these submissions in their 
case briefs. The changes to the definition to more clearly describe the 
types of factual information which is submitted in an AD and CVD 
proceeding, without a corresponding modification to the time limits 
provision, would not serve the objectives of the Department and, thus, 
has not been adopted.
    Finally, as alternative four, the Department considered extending 
the time limits for the submission of factual information, but this 
alternative has not been adopted. The Department is required to make 
certain determinations for AD and CVD proceedings within prescribed 
statutory deadlines. The current regulations sometimes do not provide 
the Department with a sufficient opportunity to examine and analyze 
submissions of factual information before those statutory deadlines, 
and in some instances deprive parties of the opportunity to comment on 
the submissions of factual information in their case briefs. An 
extension of time limits would exacerbate the problem, which the 
proposed rules seek to address. Therefore, this alternative has not 
been adopted.

Paperwork Reduction Act

    This rule does not require a collection of information for purposes 
of the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3501 et 
seq.).

List of Subjects in 19 CFR Part 351

    Administrative practice and procedure, Antidumping, Business and 
industry, Cheese, Confidential business information, Countervailing 
duties, Freedom of information, Investigations, Reporting and 
recordkeeping requirements.

    Dated: July 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

    For the reasons stated, 19 CFR part 351 is proposed to be 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. In Sec.  351.102, revise paragraph (b)(21) to read as follows:


Sec.  351.102  Definitions.

* * * * *
    (b) Definitions. * * *
    (21) Factual information. ``Factual information'' means:
    (i) Evidence, including statements of fact, documents, and data 
submitted either in response to initial and supplemental 
questionnaires, or, to rebut, clarify, or correct such evidence 
submitted by any other interested party;
    (ii) Evidence, including statements of fact, documents, and data 
submitted either in support of allegations, or, to rebut, clarify, or 
correct such evidence submitted by any other interested party;
    (iii) Publicly available information submitted to value factors 
under Sec.  351.408(c) or to measure the adequacy of remuneration under 
Sec.  351.511(a)(2), or, to rebut, clarify, or correct such publicly 
available information submitted by any other interested party;
    (iv) Evidence, including statements of fact, documents and data 
placed on the record by the Department, or, evidence submitted by any 
interested party to rebut, clarify or correct such evidence placed on 
the record by the Department; and
    (v) Evidence, including statements of fact, documents, and data, 
other than factual information described in (i)-(iv) of this section, 
in addition to evidence submitted by any other interested party to 
rebut, clarify, or correct such evidence.
    3. In Sec.  351.301, revise paragraph (a), (b) and (c), and remove 
paragraph (d) to read as follows:


Sec.  351.301  Time limits for submission of factual information.

    (a) Introduction. This section sets forth the time limits for 
submitting factual information, as defined by Sec.  351.102(b)(21). The 
Department obtains most of its factual information in antidumping and 
countervailing duty proceedings from submissions made by interested 
parties during the course of the proceeding. Notwithstanding paragraph 
(b) of this section, the Secretary may request any person to submit 
factual information at any time during a proceeding or provide 
additional opportunities to submit factual information. Section 351.302 
sets forth the procedures for requesting an extension of such time 
limits, and provides that, unless expressly precluded by statute, the 
Secretary may, for good cause, extend any time limit established in the 
Department's regulations. Section 351.303 contains the procedural rules 
regarding filing (including procedures for filing on non-business 
days), format, translation, service, and certification of documents. In 
the Secretary's written request to an interested party for a response 
to a questionnaire or for other factual

[[Page 40538]]

information, the Secretary will specify the following: The time limit 
for the response; the information to be provided; the form and manner 
in which the interested party must submit the information; and that 
failure to submit the requested information in the requested form and 
manner by the date specified may result in use of the facts available 
under section 776 of the Act and Sec.  351.308.
    (b) Submission of factual information. Every submission of factual 
information must be accompanied by a written explanation identifying 
the subsection of Sec.  351.102(b)(21) under which the information is 
being submitted.
    (1) If an interested party states that the information is submitted 
under subsection Sec.  351.102(b)(21)(v), the party must explain why 
the information does not satisfy the definitions described in Sec.  
351.102(b)(21)(i)-(iv).
    (2) If the factual information is being submitted to rebut, 
clarify, or correct factual information on the record, the submitter 
must provide a written explanation identifying the information which is 
already on the record that the factual information seeks to rebut, 
clarify, or correct, including the name of the interested party that 
submitted the information and the date on which the information was 
submitted.
    (c) Time limits. The type of factual information determines the 
time limit for submission to the Department.
    (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.  351.204(d)(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.
    (2) Factual information submitted in support of allegations. 
Factual information submitted in support of allegations must be 
accompanied by a summary, not to exceed five pages, of the allegation 
and supporting data.
    (i) Market viability and the basis for determining normal value. 
Allegations regarding market viability in an antidumping investigation 
or administrative review, including the exceptions in Sec.  
351.404(c)(2), are due, with all supporting factual information, 10 
days after the respondent interested party files the response to the 
relevant section of the questionnaire, unless the Secretary alters this 
time limit.
    (ii) Sales at prices below the cost of production. Allegations of 
sales at prices below the cost of production made by the petitioner or 
other domestic interested party are due within:
    (A) In an antidumping investigation, on a country-wide basis, 20 
days after the date on which the initial questionnaire was issued to 
any person, unless the Secretary alters this time limit; or, on a 
company-specific basis, 20 days after a respondent interested party 
files the response to the relevant section of the questionnaire, unless 
the relevant questionnaire response is, in the Secretary's view, 
incomplete, in which case the Secretary will determine the time limit;
    (B) In an administrative review, new shipper review, or changed 
circumstances review, on a company-specific basis, 20 days after a 
respondent interested party files the response to the relevant section 
of the questionnaire, unless the relevant questionnaire response is, in 
the Secretary's view, incomplete, in which case the Secretary will 
determine the time limit; or
    (C) In an expedited antidumping review, on a company-specific 
basis, 10 days after the date of publication of the notice of 
initiation of the review.
    (iii) Purchases of major inputs from an affiliated party at prices 
below the affiliated party's cost of production. An allegation of 
purchases of major inputs from an affiliated party at prices below the 
affiliated party's cost of production made by the petitioner or other 
domestic interested party is due within 20 days after a respondent 
interested party files the response to the relevant section of the 
questionnaire, unless the relevant questionnaire response is, in the 
Secretary's view, incomplete, in which case the Secretary will 
determine the time limits.
    (iv) Countervailable subsidy; upstream subsidy. A countervailable 
subsidy allegation made by the petitioner or other domestic interested 
party is due no later than:
    (A) In a countervailing duty investigation, 40 days before the 
scheduled date of the preliminary determination, unless the Secretary 
extends this time limit for good cause; or
    (B) In an administrative review, new shipper review, or changed 
circumstances review, 20 days after all responses to the initial 
questionnaire are filed with the Department, unless the Secretary 
alters this time limit.
    (C) Exception for upstream subsidy allegation in an investigation. 
In a countervailing duty investigation, an allegation of upstream 
subsidies made by the petitioner or other domestic interested party is 
due no later than 60

[[Page 40539]]

days after the date of the preliminary determination.
    (v) Other allegations. An interested party may submit factual 
information in support of other allegations not specified in 
subsections (i)-(iv). Upon receipt of factual information under this 
subsection, the Secretary will issue a memorandum accepting or 
rejecting the information and, to the extent practicable, will provide 
written notice stating the reasons for rejection. If the Secretary 
accepts the information, the Secretary will issue a schedule providing 
deadlines for submission of factual information to rebut, clarify or 
correct the factual information.
    (vi) Rebuttal, clarification, or correction of factual information 
submitted in support of allegations. An interested party is permitted 
one opportunity to submit factual information to rebut, clarify, or 
correct factual information submitted in support of allegations 10 days 
after the date such factual information is served on an interested 
party.
    (3) Factual information submitted to value factors under Sec.  
351.408(c) or to measure the adequacy of remuneration under Sec.  
351.511(a)(2).
    (i) Antidumping or countervailing duty investigations. All 
submissions of factual information to value factors of production under 
Sec.  351.408(c) in an antidumping investigation, or to measure the 
adequacy of remuneration under Sec.  351.511(a)(2) in a countervailing 
duty investigation, are due no later than 30 days before the scheduled 
date of the preliminary determination;
    (ii) Administrative review, new shipper review, or changed 
circumstances review. All submissions of factual information to value 
factors under Sec.  351.408(c), or to measure the adequacy of 
remuneration under Sec.  351.511(a)(2), are due no later than 30 days 
before the scheduled date of the preliminary results of review; and
    (iii) Expedited antidumping review. All submissions of factual 
information to value factors under Sec.  351.408(c) are due on a date 
specified by the Secretary.
    (iv) Rebuttal, clarification, or correction of factual information 
submitted to value factors under Sec.  351.408(c) or to measure the 
adequacy of remuneration under Sec.  351.511(a)(2). An interested party 
is permitted one opportunity to submit arguments or publicly available 
information to rebut, clarify, or correct such factual information 
submitted pursuant to Sec.  351.408(c) or Sec.  351.511(a)(2) 10 days 
after the date such factual information is served on the interested 
party. An interested party may not submit additional, previously 
absent-from-the-record alternative surrogate value information under 
this subsection. Additionally, all factual information submitted under 
this subsection must be accompanied by a written explanation 
identifying what information already on the record of the ongoing 
proceeding the factual information is rebutting, clarifying, or 
correcting. Information submitted to rebut, clarify, or correct factual 
information submitted pursuant to Sec.  351.408(c) will not be used to 
value factors under Sec.  351.408(c).
    (4) Factual information placed on the record of the proceeding by 
the Department. The Department may place factual information on the 
record of the proceeding at any time. An interested party is permitted 
one opportunity to submit factual information to rebut, clarify, or 
correct factual information placed on the record of the proceeding by 
the Department by a date specified by the Secretary.
    (5) Factual information not directly responsive to or relating to 
paragraphs (1)-(4). This subsection applies to factual information 
other than that described in Sec.  351.102(b)(21)(i)-(iv). The 
Secretary will reject information filed under this subsection that 
satisfies the definition of information described in Sec.  
351.102(b)(21)(i)-(iv) and that was not filed within the deadlines 
specified above. All submissions of factual information under this 
subsection are required to clearly explain why the information 
contained therein does not meet the definition of factual information 
described in Sec.  351.102(b)(21)(i)-(iv), and must provide a detailed 
narrative of exactly what information is contained in the submission 
and why it should be considered. The deadline for filing such 
information will be 30 days before the scheduled date of the 
preliminary determination in an investigation, or 14 days before 
verification, whichever is earlier, and 30 days before the scheduled 
date of the preliminary results in an administrative review, or 14 days 
before verification, whichever is earlier.
    (i) Upon receipt of factual information under this subsection, the 
Secretary will issue a memorandum accepting or rejecting the 
information and, to the extent practicable, will provide written notice 
stating the reasons for rejection.
    (ii) If the Secretary accepts the information, the Secretary will 
issue a schedule providing deadlines for submission of factual 
information to rebut, clarify or correct the factual information.

[FR Doc. 2012-16715 Filed 7-9-12; 8:45 am]
BILLING CODE 3510-DS-P