Modification of Regulations Regarding Time Limits for Submission of Information Pertaining to Requests for Sampling in Antidumping Duty Administrative Reviews, 69322-69324 [2013-27442]

Download as PDF 69322 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Proposed Rules of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (h) Related Information Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2013–0209, dated September 10, 2013, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2013– 0962. For service information related to this AD, contact RUAG Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 Wessling, Germany; telephone: +49–(0)8153–30–2280; fax: +49– (0)8153–30–3030. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. Issued in Kansas City, Missouri, on November 5, 2013. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–27665 Filed 11–18–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 351 [Docket No. 130930854–3854–01] RIN 0625–AA95 Modification of Regulations Regarding Time Limits for Submission of Information Pertaining to Requests for Sampling in Antidumping Duty Administrative Reviews International Trade Administration, Commerce. ACTION: Proposed rule; request for comments. AGENCY: The Department of Commerce (the Department) proposes to modify its regulations to establish time limits for the submission of requests for sampling, and comments on sampling in antidumping (AD) administrative reviews. The modifications to the time limits, if adopted, will more clearly prescribe the time for filing requests for sampling in AD administrative reviews, and the time for filing comments and rebuttal comments with respect to such requests. The modifications will provide sufficient opportunity for the Department to determine whether it will employ sampling in selecting TKELLEY on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:34 Nov 18, 2013 Jkt 232001 respondents for individual examination when conducting administrative reviews in which a request for sampling is timely submitted. DATES: To be assured of consideration, comments must be received no later than December 31, 2013. ADDRESSES: All comments must be submitted through the Federal eRulemaking Portal at http:// www.regulations.gov, Docket No. ITA– 2013–0001, 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 Enforcement and Compliance, formerly 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–AA95. 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 Enforcement and Compliance’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:// trade.gov/enforcement/. Any questions concerning file formatting, document conversion, access on the Internet, or other electronic filing issues should be addressed to IA ACCESS Helpdesk, at (202) 482–3150, email address: iaaccess@trade.gov. FOR FURTHER INFORMATION CONTACT: Sapna Sharma at (202) 482–5285 or Shauna Biby at (202) 482–4267. SUPPLEMENTARY INFORMATION: Under section 777A of the Tariff Act of 1930, as amended, the Department is directed to determine the individual weighted average dumping margin for each known exporter and producer of subject merchandise. For administrative reviews, the requirement pertains to all exporters and producers that have been requested for review. However, when the number of producers/exporters (‘‘companies’’) involved in an antidumping (AD) review is so large that the Department finds it impracticable to examine each company individually, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 section 777A(c)(2) allows the Department to limit its examination to: (A) a sample of exporters, producers, or types of products that is statistically valid based on the information available to the administering authority at the time of selection, or (B) exporters and producers accounting for the largest volume of subject merchandise from the exporting country that can reasonably be examined. The Department has, to date, generally used option (B) in proceedings in which limited examination has been necessary. One consequence of this is that companies under investigation or review with relatively small import volumes have generally been effectively excluded from individual examination. Over time, this creates a potential enforcement concern in AD administrative reviews because, as exporters accounting for smaller volumes of subject merchandise become aware that they are effectively excluded from individual examination by the Department’s respondent selection methodology, they may decide to lower their prices as they recognize that their pricing behavior will not impact the AD rates assigned to them. Sampling such companies under section 777A(c)(2)(A) of the Tariff Act of 1930, as amended (the ‘‘Act’’), is one way to address this enforcement concern. Accordingly, the Department is refining its practice with respect to the methodology for respondent selection in certain AD proceedings, which the Department is publishing elsewhere in this issue of the Federal Register. To facilitate sampling in administrative reviews generally, the Department is proposing to amend section 351.301 of its regulations to establish time limits for filing requests for sampling in administrative reviews, and time limits for comments and rebuttal comments to be filed by interested parties with respect to any such requests for sampling. Currently, 19 CFR 351.301 sets forth the time limits for submission of factual information, including, more recently, specific 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 it also includes a specific time limit for interested parties to submit a request that the Department use sampling in selecting exporters or producers for individual examination. These time limits should ensure that parties may request the Department to sample, while allowing the agency to complete its proceedings in accordance with statutory deadlines. E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Proposed Rules In particular, the proposed rule will require a domestic interested party under 19 U.S.C. section 1677(9)(C), (D), (E), or (F), or an interested party under 19 U.S.C. section 1677(9)(A) that is subject to the administrative review, to file its request for the Department to conduct sampling under 19 U.S.C. section 1677f–1(c)(2)(A), along with its comments on data from Customs and Border Protection (CBP), within seven (7) days after the Department releases the CBP data to interested parties, unless otherwise specified. The rule proposes that the submission include: (1) A request that the Department conduct sampling; and (2) factual information and comments on whether this factual information provides a reasonable basis to believe or suspect that the average export prices and/or dumping margins for the largest exporters differ from such information that would be associated with the remaining exporters. Under the proposed rule, if an interested party were to submit a request for the Department to conduct sampling, all other interested parties will then have a ten-day comment period and a five-day rebuttal period to comment on the sampling request. The proposed rule is intended to establish a time limit for sampling requests in administrative reviews which would provide the Department with sufficient time to conduct the sampling and complete the administrative review under its statutory deadlines. In addition, the rule is intended to provide parties with sufficient time to examine the information related to sampling and provide comment to the Department that would in turn allow the Department to make an informed decision on whether to use sampling in any particular administrative review. Classification Executive Order 12866 This proposed rule has been determined to be not significant for purposes Executive Order 12866. TKELLEY on DSK3SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 16:34 Nov 18, 2013 Jkt 232001 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 Enforcement and Compliance’s regulations for AD proceedings; specifically, to set forth deadlines for submitting requests for sampling in AD administrative reviews pursuant to 19 U.S.C. section 1677f–1(c)(2)(A), and comments and rebuttal comments pertaining to such requests for sampling. 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 a request for sampling to the Department in AD administrative reviews. This could include exporters and producers of merchandise subject to AD proceedings and their affiliates, importers of such merchandise, and domestic producers of like products. 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 requests for administrative review and rarely submit factual information in the course of the Department’s AD 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 69323 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 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 rule will establish a time limit for interested parties to request that the Department conduct sampling in AD administrative reviews pursuant to 19 U.S.C. section 1677f– 1(c)(2)(A). In particular, the proposed rule will require a domestic interested party under 19 U.S.C. section 1677(9)(C), (D), (E), or (F), or an interested party under 19 U.S.C. section 1677(9)(A) that is subject to the administrative review, to file its request for the Department to conduct sampling under 19 U.S.C. section 1677f– 1(c)(2)(A), along with its comments on data from Customs and Border Protection (CBP), within seven (7) days after the Department releases the CBP data to interested parties. This will not amount to a significant burden as the submitter will have to make a submission requesting that the Department conduct a review based upon sampling whenever it wishes that the Department conduct sampling in the context of its AD administrative reviews. 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 The Department analyzed two alternatives to this proposed action. The first alternative, the preferred alternative, would establish time limits for the submission of requests for sampling. Under this preferred alternative, parties would incur no economic impact because the proposed provisions are purely administrative in E:\FR\FM\19NOP1.SGM 19NOP1 69324 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Proposed Rules nature. This proposed rule provides parties with guidance on the timing and process by which to request sampling in the agency’s proceedings. The second alternative, the ‘‘no action’’ alternative, would set forth a proposed methodology for sampling in AD and CVD proceedings, without providing regulated parties with any guidance on the timing and process by which to request sampling in the agency’s proceedings. This alternative would either create no economic impact, or slightly negative impacts to the regulated community due to the increased confusion generated as a result of the lack of guidance and process for requesting sampling. Although this alternative was considered, it was not selected because it does not serve the Department’s objectives of creating certainty and clarity for participants in AD and CVD proceedings. 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: November 6, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [Docket No. SSA–2010–0055] RIN 0960–AF88 Revised Medical Criteria for Evaluating Hematological Disorders ACTION: 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 § 351.301, add new paragraph (d) to read as follows: TKELLEY on DSK3SPTVN1PROD with PROPOSALS ■ § 351.301 Time limits for submission of factual information. * * * * (d) Time limits for filing request for sampling in antidumping duty administrative reviews. (1) For antidumping duty administrative reviews, all submissions from parties to the proceeding wishing to request that the Department conduct Jkt 232001 Social Security Administration. Notice of proposed rulemaking. AGENCY: ■ 16:34 Nov 18, 2013 BILLING CODE 3510–DS–P 20 CFR Parts 404 PART 351—ANTIDUMPING AND COUNTERVAILING DUTIES VerDate Mar<15>2010 [FR Doc. 2013–27442 Filed 11–18–13; 8:45 am] SOCIAL SECURITY ADMINISTRATION For the reasons stated, 19 CFR part 351 is proposed to be amended as follows: * sampling in selecting respondents for individual examination under section 777A(c)(2)(A) of the Act are normally due no later than 7 days after the Department releases to interested parties data from Customs and Border Protection pertaining to entries of merchandise subject to the review. The request for the Department to use sampling in the review must include the following information: (i) A request that the Department conduct sampling with respect to the exporters subject to the review; and (ii) Factual information and comment upon whether the factual information presented provides a reasonable basis to believe or suspect that the average export prices and/or dumping margins for the largest exporters differ from such information that would be associated with the remaining exporters subject to the review. (2) Interested parties wishing to comment on the request for sampling must submit comments within 10 days from the date of receipt of the request for sampling. (3) Interested parties wishing to submit rebuttal comments addressing comments submitted under paragraph (d)(2) of this section must submit such comments within 5 days from the due date for submitting comments in paragraph (d)(2). We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving hematological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect advances in medical knowledge, our adjudicative experience, and information we received from medical experts and the public. DATES: To ensure that your comments are considered, we must receive them no later than January 21, 2014. ADDRESSES: You may submit comments by one of three methods—Internet, fax, SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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–2010–0055 so that we may 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 your Social Security number or medical information. 1. Internet: We strongly recommend that you submit your comments via the Internet. Please visit the Federal eRulemaking portal at http:// www.regulations.gov. Use the Search function to find docket number SSA– 2010–0055. 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: Address 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 http://www.regulations.gov, or in person, during regular business hours, by arranging with the contact person identified below. FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Office of Medical Listings Improvement, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401, (410) 965–1020. 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 http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: What revisions are we proposing? We propose to: • Revise and expand the introductory text to the hematological disorders body system for both adults (section 7.00) and children (section 107.00); • Revise and reorganize the listings in this body system to update them and to make the adult and childhood rules more consistent; and • Add criteria to the adult rules for establishing disability under the listings E:\FR\FM\19NOP1.SGM 19NOP1

Agencies

[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Proposed Rules]
[Pages 69322-69324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27442]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 130930854-3854-01]
RIN 0625-AA95


Modification of Regulations Regarding Time Limits for Submission 
of Information Pertaining to Requests for Sampling in Antidumping Duty 
Administrative Reviews

AGENCY: International Trade Administration, Commerce.

ACTION: Proposed rule; request for comments.

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

SUMMARY: The Department of Commerce (the Department) proposes to modify 
its regulations to establish time limits for the submission of requests 
for sampling, and comments on sampling in antidumping (AD) 
administrative reviews. The modifications to the time limits, if 
adopted, will more clearly prescribe the time for filing requests for 
sampling in AD administrative reviews, and the time for filing comments 
and rebuttal comments with respect to such requests. The modifications 
will provide sufficient opportunity for the Department to determine 
whether it will employ sampling in selecting respondents for individual 
examination when conducting administrative reviews in which a request 
for sampling is timely submitted.

DATES: To be assured of consideration, comments must be received no 
later than December 31, 2013.

ADDRESSES: All comments must be submitted through the Federal 
eRulemaking Portal at http://www.regulations.gov, Docket No. ITA-2013-
0001, 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 Enforcement and Compliance, formerly 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-AA95.
    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 Enforcement 
and Compliance'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://trade.gov/enforcement/.
    Any questions concerning file formatting, document conversion, 
access on the Internet, or other electronic filing issues should be 
addressed to IA ACCESS Helpdesk, at (202) 482-3150, email address: 
iaaccess@trade.gov.

FOR FURTHER INFORMATION CONTACT: Sapna Sharma at (202) 482-5285 or 
Shauna Biby at (202) 482-4267.

SUPPLEMENTARY INFORMATION: Under section 777A of the Tariff Act of 
1930, as amended, the Department is directed to determine the 
individual weighted average dumping margin for each known exporter and 
producer of subject merchandise. For administrative reviews, the 
requirement pertains to all exporters and producers that have been 
requested for review. However, when the number of producers/exporters 
(``companies'') involved in an antidumping (AD) review is so large that 
the Department finds it impracticable to examine each company 
individually, section 777A(c)(2) allows the Department to limit its 
examination to: (A) a sample of exporters, producers, or types of 
products that is statistically valid based on the information available 
to the administering authority at the time of selection, or (B) 
exporters and producers accounting for the largest volume of subject 
merchandise from the exporting country that can reasonably be examined. 
The Department has, to date, generally used option (B) in proceedings 
in which limited examination has been necessary. One consequence of 
this is that companies under investigation or review with relatively 
small import volumes have generally been effectively excluded from 
individual examination. Over time, this creates a potential enforcement 
concern in AD administrative reviews because, as exporters accounting 
for smaller volumes of subject merchandise become aware that they are 
effectively excluded from individual examination by the Department's 
respondent selection methodology, they may decide to lower their prices 
as they recognize that their pricing behavior will not impact the AD 
rates assigned to them. Sampling such companies under section 
777A(c)(2)(A) of the Tariff Act of 1930, as amended (the ``Act''), is 
one way to address this enforcement concern. Accordingly, the 
Department is refining its practice with respect to the methodology for 
respondent selection in certain AD proceedings, which the Department is 
publishing elsewhere in this issue of the Federal Register.
    To facilitate sampling in administrative reviews generally, the 
Department is proposing to amend section 351.301 of its regulations to 
establish time limits for filing requests for sampling in 
administrative reviews, and time limits for comments and rebuttal 
comments to be filed by interested parties with respect to any such 
requests for sampling. Currently, 19 CFR 351.301 sets forth the time 
limits for submission of factual information, including, more recently, 
specific 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 it also 
includes a specific time limit for interested parties to submit a 
request that the Department use sampling in selecting exporters or 
producers for individual examination. These time limits should ensure 
that parties may request the Department to sample, while allowing the 
agency to complete its proceedings in accordance with statutory 
deadlines.

[[Page 69323]]

    In particular, the proposed rule will require a domestic interested 
party under 19 U.S.C. section 1677(9)(C), (D), (E), or (F), or an 
interested party under 19 U.S.C. section 1677(9)(A) that is subject to 
the administrative review, to file its request for the Department to 
conduct sampling under 19 U.S.C. section 1677f-1(c)(2)(A), along with 
its comments on data from Customs and Border Protection (CBP), within 
seven (7) days after the Department releases the CBP data to interested 
parties, unless otherwise specified. The rule proposes that the 
submission include: (1) A request that the Department conduct sampling; 
and (2) factual information and comments on whether this factual 
information provides a reasonable basis to believe or suspect that the 
average export prices and/or dumping margins for the largest exporters 
differ from such information that would be associated with the 
remaining exporters. Under the proposed rule, if an interested party 
were to submit a request for the Department to conduct sampling, all 
other interested parties will then have a ten-day comment period and a 
five-day rebuttal period to comment on the sampling request.
    The proposed rule is intended to establish a time limit for 
sampling requests in administrative reviews which would provide the 
Department with sufficient time to conduct the sampling and complete 
the administrative review under its statutory deadlines. In addition, 
the rule is intended to provide parties with sufficient time to examine 
the information related to sampling and provide comment to the 
Department that would in turn allow the Department to make an informed 
decision on whether to use sampling in any particular administrative 
review.

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 Enforcement and 
Compliance's regulations for AD proceedings; specifically, to set forth 
deadlines for submitting requests for sampling in AD administrative 
reviews pursuant to 19 U.S.C. section 1677f-1(c)(2)(A), and comments 
and rebuttal comments pertaining to such requests for sampling.
    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 a request 
for sampling to the Department in AD administrative reviews. This could 
include exporters and producers of merchandise subject to AD 
proceedings and their affiliates, importers of such merchandise, and 
domestic producers of like products.
    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 requests for 
administrative review and rarely submit factual information in the 
course of the Department's AD 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 
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 rule will establish a time limit for interested 
parties to request that the Department conduct sampling in AD 
administrative reviews pursuant to 19 U.S.C. section 1677f-1(c)(2)(A). 
In particular, the proposed rule will require a domestic interested 
party under 19 U.S.C. section 1677(9)(C), (D), (E), or (F), or an 
interested party under 19 U.S.C. section 1677(9)(A) that is subject to 
the administrative review, to file its request for the Department to 
conduct sampling under 19 U.S.C. section 1677f-1(c)(2)(A), along with 
its comments on data from Customs and Border Protection (CBP), within 
seven (7) days after the Department releases the CBP data to interested 
parties. This will not amount to a significant burden as the submitter 
will have to make a submission requesting that the Department conduct a 
review based upon sampling whenever it wishes that the Department 
conduct sampling in the context of its AD administrative reviews.

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

    The Department analyzed two alternatives to this proposed action. 
The first alternative, the preferred alternative, would establish time 
limits for the submission of requests for sampling. Under this 
preferred alternative, parties would incur no economic impact because 
the proposed provisions are purely administrative in

[[Page 69324]]

nature. This proposed rule provides parties with guidance on the timing 
and process by which to request sampling in the agency's proceedings.
    The second alternative, the ``no action'' alternative, would set 
forth a proposed methodology for sampling in AD and CVD proceedings, 
without providing regulated parties with any guidance on the timing and 
process by which to request sampling in the agency's proceedings. This 
alternative would either create no economic impact, or slightly 
negative impacts to the regulated community due to the increased 
confusion generated as a result of the lack of guidance and process for 
requesting sampling. Although this alternative was considered, it was 
not selected because it does not serve the Department's objectives of 
creating certainty and clarity for participants in AD and CVD 
proceedings.

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: November 6, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

    For the reasons stated, 19 CFR part 351 is proposed to be 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. In Sec.  351.301, add new paragraph (d) to read as follows:


Sec.  351.301  Time limits for submission of factual information.

* * * * *
    (d) Time limits for filing request for sampling in antidumping duty 
administrative reviews.
    (1) For antidumping duty administrative reviews, all submissions 
from parties to the proceeding wishing to request that the Department 
conduct sampling in selecting respondents for individual examination 
under section 777A(c)(2)(A) of the Act are normally due no later than 7 
days after the Department releases to interested parties data from 
Customs and Border Protection pertaining to entries of merchandise 
subject to the review. The request for the Department to use sampling 
in the review must include the following information:
    (i) A request that the Department conduct sampling with respect to 
the exporters subject to the review; and
    (ii) Factual information and comment upon whether the factual 
information presented provides a reasonable basis to believe or suspect 
that the average export prices and/or dumping margins for the largest 
exporters differ from such information that would be associated with 
the remaining exporters subject to the review.
    (2) Interested parties wishing to comment on the request for 
sampling must submit comments within 10 days from the date of receipt 
of the request for sampling.
    (3) Interested parties wishing to submit rebuttal comments 
addressing comments submitted under paragraph (d)(2) of this section 
must submit such comments within 5 days from the due date for 
submitting comments in paragraph (d)(2).

[FR Doc. 2013-27442 Filed 11-18-13; 8:45 am]
BILLING CODE 3510-DS-P