ITA Proposes Overhaul of Deadlines for Factual Information in AD/CV Proceedings

ITA Would Create New, More Specific Definition of 'Factual Information'

The ITA proposes to amend 19 CFR 351.102(b)(21) to more specifically define factual information. The current definition says “’Factual information’ means: (i) Initial and supplemental questionnaire responses; (ii) Data or statements of fact in support of allegations; (iii) Other data or statement of facts; and (iv) Documentary evidence.” The ITA’s rule would amend that definition to specifically define the following five types of factual information:

• (i) Evidence, including statements of fact, documents, and data submitted either in response to initial and supplemental questionnaires, or, to rebut, clarify, or correct such evidence submitted by any interested party;
• (ii) Evidence, including statements of fact, documents, and data submitted either in support of allegations, or, to rebut, clarify, or correct such evidence submitted by any other interested party
• (iii) Publicly available information submitted to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), or, to rebut clarify or correct such publicly available information submitted by any other interested party
• (iv) Evidence, including statements of fact, documents and data placed on the record BB the ITA, or, evidence submitted by any interested party to rebut, clarify or correct such evidence placed on the record by the ITA
• (v) Evidence, including statements of fact, documents, and data, other than factual information described in (i) -- (iv) of this section, in addition to evidence submitted by any other interested party to rebut, clarify, or correct such evidence.

The ITA said this proposed definition does not change the types of information that can be submitted in a segment of a proceeding, but instead will allow for more accurate classification of factual information than the current definition.

New Time Limits Created, Others Modified

The ITA’s proposed rule would also amend 19 CFR 351.301 so that, rather than providing general time limits, there will be specific time limits based on the type of factual information being submitted, in accordance with the proposed new definition. The amendments would also (1) change some already established time limits for specific factual information; and (2) require any person, when submitting factual information, to specify under which subsection of the proposed definition of factual information the information is being submitted and, if the submission is intended to rebut, clarify, or correct factual information already on the record, to identify the information that the factual information seeks to rebut, clarify, or correct.

Highlights of proposed changes include:

Elimination of general time limits. The general time limits currently provided for by 19 CFR 351.301(b), such as seven days after verification, 140 days after last day of anniversary month in administrative reviews, 100 days after publication of initiation of new shipper review, etc., would be removed from the regulations.

Explanation of type of information. When submitting factual information, the party would be required to include a written explanation identifying the subsection of the definition (i.e., 351.201(b)(21)(i) -- (v)) under which the information is being submitted. If the party identifies the factual information under subsection (v) “other” category of the proposed definition, then it would be required to explain why the information does not fit in the other categories. Finally, if the factual information is being submitted to rebut, clarify, or correct factual information on the record, the submitter would be required to provide a written explanation identifying the information that it seeks to rebut, clarify, or correct.

Questionnaire responses. The proposed rule maintains the general 30-day deadline for initial questionnaire responses, the 14-day deadline for notification of difficulties in submitting the questionnaire etc. The proposed rule would set a deadline of 14 days after the initial questionnaire response, and 10 days after a supplemental questionnaire response, for an interested party other than the original submitter to submit factual information seeking to rebut, clarify, or correct information contained in questionnaire response, and a deadline of 7 days after that filing for the original submitter to file its own rebuttal, clarification, or correction.

Factual information in support of allegations. The ITA’s proposed rule would require factual information submitted in support of allegations, as defined in proposed 19 CFR 351.102(b)(21)(ii), to be accompanied by a summary, of no longer than 5 pages, of the allegation and supporting data. Most proposed deadlines are the same as the current deadlines, but the proposed rule would set the deadline for an allegation of upstream subsidies at 60 days after the date of the preliminary determination (such allegations are currently due 10 days before the scheduled date of the preliminary determination, or 15 days before the scheduled date of the final determination).

Also, the proposed rule would require the ITA to provide an interested party with one opportunity to submit factual information to rebut, clarify, or correct the factual information submitted in support of allegations, due by 10 days after the original submission.

Factual info to value AD factors of production or CV adequate remuneration. The proposed rule would change the time limit for submission of information to value factors of production under 19 CFR 351.408(c) to 30 days before the preliminary determination (in an investigation) or results (in an administrative review) (the deadlines are currently 40 days and 20 days, respectively). The proposed rule would also set the same deadline for submission of factual information to value adequate remuneration in CV cases.

ITA may place info on the record at any time. Proposed 19 CFR 351.301(c)(4) would specifically reserve the ability of the ITA to place factual information on the record at any time, and allow for one rebuttal per interested party due by a deadline determined by the ITA.

(See proposed rule for complete proposed 19 CFR 351.301, which would provide for all of the ITA’s new deadlines.)

Subsequent correction to this notice (FR Pub 07/17/12) to add a docket number for comments available here.