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ITA Rule Aims to Improve Administration of AD/CV Proceedings

Wednesday, April 10, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

The International Trade Administration has issued a final rule that, effective May 10, will amend its regulations regarding the definition of factual information and the submission of factual information in antidumping and countervailing duty proceedings. This rule:

- modifies the definition of factual information to include five categories: (1) evidence submitted in response to questionnaires, (2) evidence submitted in support of allegations, (3) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), (4) evidence placed on the record by the ITA, and (5) evidence other than factual information described above;

- establishes specific time limits for the submission of information under each category to help prevent situations in which the ITA has to review large amounts of factual information when it is too late to adequately examine, analyze, conduct follow-up inquiries and, if necessary, verify the information; and

- requires submitters to specify the category of information they are submitting.

The ITA states that if parties find that an administrative record is lacking factual information they should explain what additional information they wish to submit, explain why it was not available for timely submission and request that the ITA accept it. If there is adequate time for rebuttal, comment, analysis and thorough consideration of the new, previously unavailable information and the ITA could potentially verify it, the agency may elect to permit submission. Otherwise, the reliability of such late-submitted information cannot be assured.

This rule will apply to any interested party submitting information to the ITA in AD/CV proceedings, which could include exporters and producers of merchandise subject to AD/CV proceedings and their affiliates, importers of such merchandise, domestic producers of like products, and foreign governments.

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