ANNOUNCED AS TEMPORARYNo
Effective June 20, 2012, the Department of Commerce amended its regulations concerning the revocation of antidumping and countervailing duty orders in whole or in part, and the termination of suspended antidumping and countervailing duty investigations. It did so in a Federal Register notice published on May 21, 2012.
The change came a year after the department gave notice of its intention. In a proposed modification to regulations that the U.S. Department of Commerce published in the Federal Register on March 21, 2011, the agency proposed to modify the regulations that govern the revocation of antidumping and countervailing duty orders. The modification, if adopted, would eliminate the provision for revocation of an antidumping or countervailing duty order with respect to individual exporters or producers. Revocations would thus need to be done on an all-or-nothing basis.
Under existing regulations the department has procedures in place to determine in an administrative review whether it should (1) revoke an order in whole, or (2) partially revoke an order with respect to an individual exporter or producer. The department now proposes to eliminate the latter category of revocations as it pertains to revocations from an antidumping or countervailing duty order based on individual exporters or producers having received antidumping margins of zero for three consecutive years, or countervailing duty rates of zero for five consecutive years. The department will retain, with some conforming modifications, the former category of revocations.
In issuing this proposed modification the department stated that company-specific revocations are not required by the law, and that it has several reasons for proposing changes to the regulations. These include the facts that the department is required to expend additional resources in conducting administrative reviews where a request for company-specific revocation is being considered, yet only a small fraction of the reviewed companies are ultimately found to be eligible for a company-specific revocation under the regulations. The department further notes that "to the extent that eligible companies maintain antidumping duty or countervailing duty rates of zero percent, the proposal would not change the amount of duties applied to entries subject to antidumping or countervailing duty orders."
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