Title 19
PART 351 APPENDIX
Day 1 | Event | Regulation |
---|---|---|
0 days | Initiation | |
31 days 2 | Notification of difficulty in responding to questionnaire | 351.301(c)(2)(iv) (14 days after date of receipt of initial questionnaire) |
37 days | Application for an administrative protective order | 351.305(b)(3) |
40 days | Request for postponement by petitioner | 351.205(e) (25 days or more before preliminary determination) |
45 days | Allegation of critical circumstances | 351.206(c)(2)(i) (20 days before preliminary determination) |
47 days | Questionnaire response | 351.301(c)(2)(iii) (30 days from date of receipt of initial questionnaire) |
55 days | Allegation of upstream subsidies | 351.301(d)(4)(ii)(A) (10 days before preliminary determination) |
65 days (Can be extended) | Preliminary determination | 351.205(b)(1) |
72 days | Submission of proposed suspension agreement | 351.208(f)(1)(B) (7 days after preliminary determination) |
75 days 3 | Submission of factual information | 351.301(b)(1) (7 days before date on which verification is to commence) |
75 days | Submission of ministerial error comments | 351.224(c)(2) (5 days after release of disclosure documents) |
77 days 4 | Request to align a CVD case with a concurrent AD case | 351.210(i) (5 days after date of publication of preliminary determination) |
102 days | Request for a hearing | 351.310(c) (30 days after date of publication of preliminary determination) |
119 days | Critical circumstances allegation | 351.206(e) (21 days or more before final determination) |
122 days | Requests for closed hearing sessions | 351.310(f) (No later than the date the case briefs are due) |
122 days | Submission of briefs | 351.309(c)(1)(i) (50 days after date of publication of preliminary determination) |
125 days | Allegation of upstream subsidies | 351.301(d)(4)(ii)(B) (15 days before final determination) |
127 days | Submission of rebuttal briefs | 351.309(d) (5 days after dead-line for filing case brief) |
129 days | Hearing | 351.310(d)(1) (2 days after submission of rebuttal briefs) |
140 days (Can be extended) | Final determination | 351.210(b)(1) (75 days after preliminary determination) |
150 days | Submission of ministerial error comments | 351.224(c)(2) (5 days after release of disclosure documents) |
155 days | Submission of replies to ministerial error comments | 351.224(c)(3) (5 days after filing of comments) |
192 days | Order issued | 351.211(b) |
1 Indicates the number of days from the date of initiation. Most of the deadlines shown here are approximate. The actual deadline in any particular segment of a proceeding may depend on the date of an earlier event or be established by the Secretary.
2 Assumes that the Department sends out the questionnaire within 10 days of the initiation and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.
3 Assumes about 17 days between the preliminary determination and verification.
4 Assumes that the preliminary determination is published 7 days after issuance (i.e., signature).
Annex II to Part 351 - Deadlines for Parties in Countervailing Administrative Reviews
19:3.0.2.5.2.7.3.3.4 :
Annex II to Part 351 - Deadlines for Parties in Countervailing Administrative ReviewsDay 1 | Event | Regulation |
---|---|---|
0 days | Request for review | 351.213(b) (Last day of the anniversary month) |
30 days | Publication of initiation notice | 351.221(c)(1)(i) (End of month following the anniversary month) |
66 days 2 | Notification of difficulty in responding to questionnaire | 351.301(c)(2)(iv) (14 days after date of receipt of initial questionnaire) |
75 days | Application for an administrative protective order | 351.305(b)(3) |
90 days 3 | Questionnaire response | 351.301(c)(2)(iii) (At least 30 days after date of receipt of initial questionnaire) |
120 days | Withdrawal of request for review | 351.213(d)(1) (90 days after date of publication of initiation) |
130 days | Request for verification | 351.307(b)(1)(v) (100 days after date of publication of initiation) |
140 days | Submission of factual information | 351.301(b)(2) |
245 days (Can be extended) | Preliminary results of review | 351.213(h)(1) |
282 days 4 | Request for a hearing and/or closed hearing session | 351.310(c); 351.310(f) (30 days after date of publication of preliminary results) |
282 days | Submission of briefs | 351.309(c)(1)(ii) (30 days after date of publication of preliminary results) |
287 days | Submission of rebuttal briefs | 351.309(d)(1) (5 days after deadline for filing case briefs) |
289 days | Hearing | 351.310(d)(1) (2 days after submission of rebuttal briefs) |
372 days (Can be extended) | Final results of review | 351.213(h)(1) (120 days after date of publication of preliminary results) |
382 days | Submission of ministerial error comments | 351.224(c)(2) (5 days after release of disclosure documents) |
387 days | Replies to ministerial error comments | 351.224(c)(3) (5 days after filing of comments) |
1 Indicates the number of days from the end of the anniversary month. Most of the deadlines shown here are approximate. The actual deadline in any particular segment of a proceeding may depend on the date of an earlier event or be established by the Secretary.
2 Assumes that the Department sends out the questionnaire 45 days after the last day of the anniversary month and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.
3 Assumes that the Department sends out the questionnaire on day 45 and the response is due 45 days later.
4 Assumes that the preliminary results are published 7 days after issuance (i.e., signature).
Annex III to Part 351 - Deadlines for Parties in Antidumping Investigations
19:3.0.2.5.2.7.3.3.5 :
Annex III to Part 351 - Deadlines for Parties in Antidumping InvestigationsDay 1 | Event | Regulation |
---|---|---|
0 days | Initiation | |
37 days | Application for an administrative protective order | 351.305(b)(3) |
50 days | Country-wide cost allegation | 351.301(d)(2)(i)(A) (20 days after date on which initial questionnaire was transmitted) |
51 days 2 | Notification of difficulty in responding to questionnaire | 351.301(c)(2)(iv) (Within 14 days after date of receipt of initial questionnaire) |
51 days | Section A response | None |
67 days | Sections B, C, D, E responses | 351.301(c)(2)(iii) (At least 30 days after date of receipt of initial questionnaire) |
70 days | Viability arguments | 351.301(d)(1) (40 days after date on which initial questionnaire was transmitted) |
87 days | Company-specific cost allegations | 351.301(d)(2)(i)(B) |
87 days | Major input cost allegations | 351.301(d)(3) |
115 days | Request for postponement by petitioner | 351.205(e) (25 days or more before preliminary determination) |
120 days | Allegation of critical circumstances | 351.206(c)(2)(i) (20 days before preliminary determination) |
140 days (Can be extended) | Preliminary determination | 351.205(b)(1) |
150 days | Submission of ministerial error comments | 351.224(c)(2) (5 days after release of disclosure documents) |
155 days | Submission of proposed suspension agreement | 351.208(f)(1)(A) (15 days after preliminary determination) |
161 days 3 | Submission of factual information | 351.301(b)(1) (7 days before date on which verification is to commence) |
177 days 4 | Request for a hearing | 351.310(c) (30 days after date of publication of preliminary determination) |
187 days | Submission of publicly available information to value factors (NME's) | 351.301(c)(3)(i) (40 days after date of publication of preliminary determination) |
194 days | Critical circumstance allegation | 351.206(e) (21 days before final determination) |
197 days (Can be changed) | Request for closed hearing sessions | 351.310(f) (No later than the date the case briefs are due) |
197 days (Can be changed) | Submission of briefs | 351.309(c)(1)(i) (50 days after date of publication of preliminary determination) |
202 days | Submission of rebuttal briefs | 351.309(d) (5 days after dealine for filing case briefs) |
204 days | Hearing | 351.310(d)(1) (2 days after submission of rebuttal briefs) |
215 days | Request for postponement of the final determination | 351.210(e) |
215 days (Can be extended) | Final determination | 351.210(b)(1) (75 days after preliminary determination) |
225 days | Submission ministerial error comments | 351.224(c)(2) (5 days after release of disclosure documents) |
230 days | Replies to ministerial error comments | 351.224(c)(3) (5 days after filing of comments) |
267 days | Order issued | 351.211(b) |
1 Indicates the number of days from the date of initiation. Most of the deadlines shown here are approximate. The actual deadline in any particular segment of a proceeding may depend on the date of an earlier event or be established by the Secretary.
2 Assumes that the Department sends out the questionnaire 5 days after the ITC vote and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.
3 Assumes about 28 days between the preliminary determination and verification.
4 Assumes that the preliminary determination is published 7 days after issuance (i.e., signature).
Annex IV to Part 351 - Deadlines for Parties in Antidumping Administrative Reviews
19:3.0.2.5.2.7.3.3.6 :
Annex IV to Part 351 - Deadlines for Parties in Antidumping Administrative ReviewsDay 1 | Event | Regulation |
---|---|---|
0 days | Request for review | 351.213(b) (Last day of the anniversary month) |
30 days | Publication of initiation | 351.221 (c)(1)(i) (End of month following the anniversary month) |
37 days | Application for an administrative protective order | 351.305(b)(3) |
60 days | Request to examine absorption of duties (AD) | 351.213(j) (30 days after date of publication of initiation) |
66 days 2 | Notification of difficulty in responding to questionnaire | 351.301(c)(2)(iv) (14 days after date of receipt of initial questionnaire) |
66 days | Section A response | None |
85 days | Viability arguments | 351.301(d)(1) (40 days after date of transmittal of initial questionnaire) |
90 days 3 | Sections B, C, D, E response | 351.301(c)(2)(iii) (At least 30 days after date of receipt of initial questionnaire) |
110 days | Company-specific cost allegations | 351.301(d)(2)(i)(B) (20 days after relevant section is filed) |
110 days | Major input cost allegations | 351.301(d)(3) (20 days after relevant section is filed) |
120 days | Withdrawal of request for review | 351.213(d)(1) (90 days after date of publication of initiation) |
130 days | Request for verification | 351.307(b)(1)(v) (100 days after date of publication of initiation) |
140 days | Submission of factual information | 351.301(b)(2) |
245 days (Can be extended) | Preliminary results of review | 351.213(h)(1) |
272 days 4 | Submission of publicly available information to value factors (NME's) | 351.301(c)(3)(ii) (20 days after date of publication of preliminary results) |
282 days | Request for a hearing and/or closed hearing session | 351.310(c); 351.310(f) (30 days after date of publication of preliminary results) |
282 days | Submission of briefs | 351.309(c)(1)(ii) (30 days after date of publication of preliminary results) |
287 days | Submission of rebuttal briefs | 351.309(d)(1) (5 days after deadline for filing case briefs) |
289 days | Hearing; closed hearing session | 351.310(d)(1) (2 days after submission of rebuttal briefs) |
372 days (Can be extended) | Final results of review | 351.213(h)(1) (120 days after date of publication of preliminary results) |
382 days | Ministerial error comments | 351.224(c)(2) (5 days after release of disclosure documents) |
387 days | Replies to ministerial error comments | 351.224(c)(3) (5 days after filing of comments) |
1 Indicates the number of days from the end of the anniversary month. Most of the deadlines shown here are approximate. The actual deadline in any particular segment of a proceeding may depend on the date of an earlier event or be established by the Secretary.
2 Assumes that the Department sends out the questionnaire 45 days after the last day of the anniversary month and allows 7 days for receipt of the questionnaire from the date on which it was transmitted.
3 Assumes that the Department sends out the questionnaire on day 45 and the response is due 45 days later.
4 Assumes that the preliminary results are published 7 days after issuance (i.e., signature).
Annex V to Part 351 - Comparison of Prior and New Regulations
19:3.0.2.5.2.7.3.3.7 :
Annex V to Part 351 - Comparison of Prior and New RegulationsPrior | New | Description |
---|---|---|
PART 353 - ANTIDUMPING DUTIES | ||
Subpart A - Scope and Definitions | ||
353.1 | 351.101 | Scope of regulations |
353.2 | 351.102 | Definitions |
353.3 | 351.104 | Record of proceedings |
353.4 | 351.105 | Public, proprietary, privileged & classified |
353.5 | Removed | Trade and Tariff Act of 1984 amendments |
353.6 | 351.106 | De minimis weighted-average dumping margin |
Subpart B - Antidumping Duty Procedures | ||
353.11 | 351.201 | Self-initiation |
353.12 | 351.202 | Petition requirements |
353.13 | 351.203 | Determination of sufficiency of petition |
353.14 | 351.204(e) | Exclusion from antidumping duty order |
353.15 | 351.205 | Preliminary determination |
353.16 | 351.206 | Critical circumstances |
353.17 | 351.207 | Termination of investigation |
353.18 | 351.208 | Suspension of investigation |
353.19 | 351.209 | Violation of suspension agreement |
353.20 | 351.210 | Final determination |
353.21 | 351.211 | Antidumping duty order |
353.21(c) | 351.204(e) | Exclusion from antidumping duty order |
1353.22(a)-(d) | 351.213, 351.221 | Administrative reviews under 751(a) of the Act |
353.22(e) | 351.212(c) | Automatic assessment of duties |
353.22(f) | 351.216, 351.221(c)(3) | Changed circumstances reviews |
353.22(g) | 351.215, 351.221(c)(2) | Expedited antidumping review |
353.23 | 351.212(d) | Provisional measures deposit cap |
353.24 | 351.212(e) | Interest on overpayments and under-payments |
353.25 | 351.222 | Revocation of orders; termination of suspended investigations |
353.26 | 351.402(f) | Reimbursement of duties |
353.27 | 351.223 | Downstream product monitoring |
353.28 | 351.224 | Correction of ministerial errors |
353.29 | 351.225 | Scope rulings |
Subpart C - Information and Argument | ||
353.31(a)-(c) | 351.301 | Time Limits for submission of factual information |
353.31(a)(3) | 351.301(d), 351.104(a)(2) | Return of untimely material |
353.31(b)(3) | 351.302(c) | Request for extension of time |
353.31(d)-(i) | 351.303 | Filing, format, translation, service and certification |
353.32 | 351.304 | Request for proprietary treatment of information |
353.33 | 351.104, 351.304(a)(2) | Information exempt from disclosure |
353.34 | 351.305, 351.306 | Disclosure of information under protective order |
353.35 | Removed | Ex parte meeting |
353.36 | 351.307 | Verification |
353.37 | 351.308 | Determination on the basis of the facts available |
353.38(a)-(e) | 351.309 | Written argument |
353.38(f) | 351.310 | Hearings |
Subpart D - Calculation of Export Price, Constructed Export Price, Fair Value and Normal Value | ||
353.41 | 351.402 | Calculation of export price |
353.42(a) | 351.102 | Fair value (definition) |
353.42(b) | 351.104(c) | Transaction and persons examined |
353.43 | 351.403(b) | Sales used in calculating normal value |
353.44 | Removed | Sales at varying prices |
353.45 | 351.403 | Transactions between affiliated parties |
353.46 | 351.404 | Selection of home market as the basis for normal value |
353.47 | Removed | Intermediate countries |
353.48 | 351.404 | Basis for normal value if home market sales are inadequate |
353.49 | 351.404 | Sales to a third country |
353.50 | 351.405, 351.407 | Calculation of normal value based on constructed value |
353.51 | 351.406, 351.407 | Sales at less than the cost of production |
353.52 | 351.408 | Nonmarket economy countries |
353.53 | Removed | Multinational corporations |
353.54 | 351.401(b) | Claims for adjustments |
353.55 | 351.409 | Differences in quantities |
353.56 | 351.410 | Differences in circumstances of sale |
353.57 | 351.411 | Differences in physical characteristics |
353.58 | 351.412 | Levels of trade |
353.59(a) | 351.413 | Insignificant adjustments |
353.59(b) | 351.414 | Use of averaging |
353.60 | 351.415 | Conversion of currency |
PART 355 - COUNTERVAILING DUTIES | ||
Subpart A - Scope and Definitions | ||
355.1 | 351.001 | Scope of regulations |
355.2 | 351.002 | Definitions |
355.3 | 351.004 | Record of proceeding |
355.4 | 351.005 | Public, proprietary, privileged & classified |
355.5 | 351.003(a) | Subsidy library |
355.6 | Removed | Trade and Tariff Act of 1984 amendments |
355.7 | 351.006 | De minimis net subsidies |
Subpart B - Countervailing Duty Procedures | ||
355.11 | 351.101 | Delf-initiation |
355.12 | 351.102 | Petition requirements |
355.13 | 351.103 | Determination of sufficiency of petition |
355.14 | 351.104(e) | Exclusion from countervailing duty order |
355.15 | 351.105 | Preliminary determination |
355.16 | 351.106 | Critical circumstances |
355.17 | 351.107 | Termination of investigation |
355.18 | 351.108 | Suspension of investigation |
355.19 | 351.109 | Violation of agreement |
355.20 | 351.110 | Final determination |
355.21 | 351.111 | Countervailing duty order |
355.21(c) | 351.104(e) | Exclusion from countervailing duty order |
355.22(a)-(c) | 351.113, 351.121 | Administrative reviews under 751(a) of the Act |
355.22(d) | Removed | Calculation of individual rates |
355.22(e) | 351.113(h) | Possible cancellation or revision of suspension agreements |
355.22(f) | Removed | Review of individual producer or exporter |
355.22(g) | 351.112(c) | Automatic assessment of duties |
355.22(h) | 351.116, 351.121(c)(3) | Changed circumstances review |
355.22(i) | 351.120, 351.221(c)(7) | Review at the direction of the President |
355.23 | 351.112(d) | Provisional measures deposit cap |
355.24 | 351.112(e) | Interest on overpayments and underpayments |
355.25 | 351.112 | Revocation of orders; termination of suspended investigations |
355.27 | 351.123 | Downstream product monitoring |
355.28 | 351.124 | Correction of ministerial errors |
355.29 | 351.125 | Scope determinations |
Subpart C - Information and Argument | ||
355.31(a)-(c) | 351.301 | Time limits for submission of factual information |
355.31(a)(3) | 351.302(d), 351.104(a)(2) | Return of untimely material |
355.31(b)(3) | 351.302(c) | Request for extension of time |
355.31(d)-(i) | 351.303 | Filing, format, translation, service and certification |
355.32 | 351.304 | Request for proprietary treatment of information |
355.33 | 351.104, 351.304(a)(2) | Information exempt from disclosure |
355.34 | 351.305, 351.306 | Disclosure of information under protective order |
355.35 | Removed | Ex parte meeting |
355.36 | 351.307 | Verification |
355.37 | 351.308 | Determinations on the basis of the facts available |
355.38(a)-(e) | 351.309 | Written argument |
355.38(f) | 351.310 | Hearings |
355.39 | 351.311 | Subsidy practice discovered during investigation or review |
Subpart D - Quota Cheese Subsidy Determinations | ||
355.41 | Removed | Definition of subsidy |
355.42 | 351.601 | Annual list and quarterly update |
355.43 | 351.602 | Determination upon request |
355.44 | 351.603 | Complaint of price-undercutting |
355.45 | 351.604 | Access to information |
Annex VI to Part 351 - Countervailing Investigations Timeline
19:3.0.2.5.2.7.3.3.8 :
Annex VI to Part 351 - Countervailing Investigations TimelineAnnex VII to Part 351 - Antidumping Investigations Timeline
19:3.0.2.5.2.7.3.3.9 :
Annex VII to Part 351 - Antidumping Investigations TimelineAnnex VIII-A to Part 351 - Schedule for 90-Day Sunset Reviews
19:3.0.2.5.2.7.3.3.10 :
Annex VIII-A to Part 351 - Schedule for 90-Day Sunset ReviewsDay 1 | Event | Regulation |
---|---|---|
0 | Initiation | § 351.218(c) |
15 | Filing of Notice of Intent to Participate by domestic interested parties | § 351.218(d)(1)(i) (not later than 15 days after the date of publication of the Notice of Initiation) |
20 | Notification to the ITC that no domestic interested party has responded to the Notice of Initiation | § 351.218(d)(1)(iii)(B)(2) (normally not later than 20 days after the date of publication of the Notice of Initiation) |
30 | Filing of substantive response to the Notice of Initiation by all interested parties and industrial users and consumers | §§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not later than 30 days after the date of publication of the Notice of Initiation) |
35 | Filing of rebuttal to substantive response to the Notice of Initiation | § 351.218(d)(4) (not later than 5 days after the substantive response is filed with the Department) |
40 | Notification to the ITC that no domestic interested party has responded to the Notice of Initiation (based on inadequate response from domestic interested parties) | § 351.218(e)(1)(i)(C)(2) (normally not later than 40 days after the date of publication of the Notice of Initiation) |
90 | Final determination revoking an order or terminating a suspended investigation where no domestic interested party responds to the Notice of Initiation | §§ 351.218(d)(1)(iii)(B)(3) and 351.222(i)(1)(i) (not later than 90 days after the date of publication of the Notice of Initiation) |
1 Indicates the number of days from the date of publication in the Federal Register of the Notice of Initiation.
Annex VIII-B to Part 351 - Schedule for Expedited Sunset Reviews
19:3.0.2.5.2.7.3.3.11 :
Annex VIII-B to Part 351 - Schedule for Expedited Sunset ReviewsDay 1 | Event | Regulation |
---|---|---|
0 | Initiation | § 351.218(c) |
15 | Filing of Notice of Intent to Participate by domestic interested parties | § 351.218(d)(1)(i) (not later than 15 days after the date of publication of the Notice of Initiation) |
30 | Filing of Statement of Waiver by respondent interested parties | § 351.218(d)(2)(i) (not later than 30 days after the date of publication of the Notice of Initiation) |
30 | Filing of substantive response to the Notice of Initiation by all interested parties and industrial users and consumers | §§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not later than 30 days after the date of publication of the Notice of Initiation) |
35 | Filing of rebuttal to substantive response to the Notice of Initiation | § 351.218(d)(4) (not later than 5 days after the substantive response is filed with the Department) |
50 | Notification to the ITC that respondent interested parties provided inadequate response to the Notice of Initiation | § 351.218(e)(1)(ii)(C)(1) (normally not later than 50 days after the date of publication of the Notice of Initiation) |
70 | Comments on adequacy of response and appropriateness of expedited sunset review | § 351.309(e)(ii) (not later than 70 days after the date of publication of the Notice of Initiation) |
120 | Final results of expedited sunset review where respondent interested parties provide inadequate response to the Notice of Initiation | §§ 351.218(e)(1)(ii)(B) and 351.218(e)(1)(ii)(C)(2) (not later than 120 days after the date of publication of the Notice of Initiation) |
1 Indicates the number of days from the date of publication in the Federal Register of the Notice of Initiation.
Annex VIII-C to Part 351 - Schedule for Full Sunset Reviews
19:3.0.2.5.2.7.3.3.12 :
Annex VIII-C to Part 351 - Schedule for Full Sunset ReviewsDay 1 | Event | Regulation |
---|---|---|
0 | Initiation | § 351.218(c) |
15 | Filing of Notice of Intent to Participate by domestic interested parties | § 351.218(d)(1)(i) (not later than 15 days after the date of publication of the Notice of Initiation) |
30 | Filing of Statement of Waiver by respondent interested parties | § 351.218(d)(2)(i) (not later than 30 days after the date of publication of the Notice of Initiation) |
30 | Filing of substantive response to the Notice of Initiation by all interested parties and industrial users and consumers | §§ 351.218(d)(3)(i) and 351.218(d)(3)(vi) (not later than 30 days after the date of publication of the Notice of Initiation) |
35 | Filing of rebuttal to substantive response to the Notice of Initiation | § 351.218(d)(4) (not later than 5 days after the substantive response is filed with the Department) |
110 | Preliminary results of full sunset review | § 351.218(f)(1) (normally not later than 110 days after the date of publication of the Notice of Initiation) |
120 | Verification in a full sunset review, where needed | § 351.218(f)(2)(ii) (approximately 120 days after the date of publication of the Notice of Initiation) |
160 | Filing of case brief in full sunset review | § 351.309(c)(1)(i) (50 days after the date of publication of the preliminary results of full sunset review) |
165 | Filing of rebuttal brief in full sunset review | § 351.309(d)(1) (5 days after the time limit for filing a case brief) |
167 | Hearing in full sunset review if requested | § 351.310(d)(i) (2 days after the time limit for filing a rebuttal brief) |
240 | Final results of full sunset review | § 351.218(f)(3)(i) (not later than 240 days after the date of publication of the Notice of Initiation) |
330 | Final results of full sunset review if fully extended | § 351.218(f)(3)(ii) (if full sunset review is extraordinarily complicated, period for issuing final results may be extended by not more than 90 days) |
1 Indicates the number of days from the date of publication in the Federal Register of the Notice of Initiation.