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DOC/ITA | RIN: 0625-AA77 | Publication ID: Fall 2008 |
Title: Withdrawal of Regulation Governing Treatment of Tollers and Subcontractors in Antidumping Duty Determinations | |
Abstract: The International Trade Administration takes this action to withdraw the provision at 19 CFR section 351.401(h). ITA takes this action to ensure that the Department's antidumping analysis focuses upon the party setting the price of subject merchandise when the manufacture of such merchandise is subcontracted to another company. The regulation has had the unintended effect of bestowing the status of foreign manufacturer or producer upon parties in the United States that would have otherwise assumed the status of purchasers. If a party that customarily assumes the status of a purchaser is bestowed the status of foreign manufacturer or producer, the proper application of the antidumping duty law would be thwarted. This effect is contrary to the Department's intent in promulgating the regulation, and inconsistent with its statutory mandate to provide relief to domestic industries suffering material injury from unfairly traded imports. The withdrawal of this rule will allow the Department to avoid these effects and provide relief as intended under the statutory scheme. | |
Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 19 CFR 351 | |
Legal Authority: 5 USC 301 19 USC 1202 19 USC 1303 19 USC 1671 19 USC 3538 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: David Mason Department of Commerce International Trade Administration 1401 Constitution Avenue NW, Room 3627, Washington, DC 20230 Phone:202 482-5051 Fax:202 482-4912 Email: david.mason@trade.gov |