View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOC/ITA RIN: 0625-AA77 Publication ID: Fall 2016 
Title: Withdrawal of Regulation Governing Treatment of Tollers and Subcontractors in Antidumping Duty Determinations 
Abstract: The International Trade Administration (ITA) takes this action to withdraw the provision at 19 CFR 351.401(h). ITA takes this action to ensure that the Department of Commerce's (the "Department") 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: 19 U.S.C. 1202    19 U.S.C. 1303    19 U.S.C. 1671    19 U.S.C. 3538    5 U.S.C. 301   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  03/28/2008  73 FR 16517   
Interim Final Rule Comment Period End  04/28/2008 
Final Rule  11/00/2016 
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