Correction to Applicability Date for Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings, 50617-50618 [2016-18305]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50617-50618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18305]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 140929814-6136-02]
RIN 0625-AB02


Correction to Applicability Date for Modification of Regulations 
Regarding Price Adjustments in Antidumping Duty Proceedings

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Department of Commerce (the Department) is modifying the 
applicability date contained in the final rule published in the Federal 
Register on March 24, 2016. The original applicability date language 
did not convey the Department's intention, i.e., to apply the newly 
amended regulations to all segments of proceedings initiated on or 
after the effective date contained in the rule. This action is 
necessary to ensure that there is no ambiguity in the application of 
the modified regulations.

DATES: Effective date: September 1, 2016.
    Applicability date: This rule will apply to all segments of 
proceedings initiated on or after September 1, 2016.

FOR FURTHER INFORMATION CONTACT: Jessica Link at (202) 482-1411.

SUPPLEMENTARY INFORMATION: On March 24, 2016, the Department published 
a final rule in the Federal Register modifying 19 CFR 351.102(b)(38) 
and 19 CFR 351.401(c). Modification of Regulations Regarding Price 
Adjustments in Antidumping Duty Proceedings, 81 FR 15641 (March 24, 
2016) (Final Rule). The DATES section of the Final Rule states: 
``Effective date: April 25, 2016. Applicability date: This rule will 
apply to all proceedings initiated on or after April 25, 2016.''
    On June 20, 2016, the Department published a proposed rule to 
correct the applicability date of the Final Rule. See Correction to 
Applicability Date for Modification of Regulations Regarding Price 
Adjustments in Antidumping Duty Proceedings, 81 FR 39873 (June 20, 
2016). In its proposed rule, the Department explained that the 
applicability date in the Final Rule does not convey the Department's 
intention, i.e., to apply the newly amended regulations to all segments 
of proceedings initiated on or after the effective date of the Final 
Rule. The Department further explained that, although ``proceedings'' 
can be interpreted generally to include any segment of an 
administrative case before Enforcement and Compliance that is initiated 
on or after the effective date, ``proceeding'' and ``segment of 
proceeding'' are defined separately in 19 CFR 351.102(b)(40) and 19 CFR 
351.102(b)(47), respectively. Thus, to avoid any ambiguity and to 
clarify the Department's intent, the Department proposed to modify the 
applicability date of the Final Rule such that the Final Rule will 
apply to all segments of proceedings initiated on or after 30 days 
following the publication date of the final rule that results from this 
rulemaking.
    The Department received no comments on the proposed rule. Thus, the 
Department is modifying the applicability date of the Final Rule as 
discussed above. As the prior applicability date was not included in 
the modified regulations, 19 CFR 351.102(b)(38) and 19 CFR 351.401(c), 
the Department is not amending its regulations. The only change to the 
Final Rule being addressed in this final rule is a change to the 
applicability date of the Final Rule.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

[[Page 50618]]

Classification

Executive Order 12866

    It has been determined that this final rule is not significant for 
purposes of Executive Order 12866.

Paperwork Reduction Act

    This final rule contains no new collection of information subject 
to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

Executive Order 13132

    This final rule does not contain policies with federalism 
implications as that term is defined in section 1(a) of Executive Order 
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., the Chief Counsel for Regulation at the Department of Commerce 
certified to the Chief Counsel for Advocacy, Small Business 
Administration, at the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published with 
the proposed rule and is not repeated here. No comments were received 
regarding the certification or on the economic impact of this rule more 
generally. As a result, the conclusion in the certification memorandum 
for the proposed rule remains unchanged and a final regulatory 
flexibility analysis is not required and one has not been prepared.

    Dated: July 27, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-18305 Filed 8-1-16; 8:45 am]
 BILLING CODE 3510-DS-P