Modification of Regulations Regarding Time Limits for Submission of Information Pertaining to Requests for Sampling in Antidumping Duty Administrative Reviews, 69322-69324 [2013-27442]
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Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Proposed Rules
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September 10, 2013, for related information.
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[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:
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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 https://
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 https://
www.regulations.gov and on the
Department’s Web site at https://
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 https://
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 https://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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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 https://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 https://www.regulations.gov and on the
Department's Web site at https://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
