View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOC/ITA

RIN: 0625-AB02

Publication ID: Fall 2016

Title: Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings
Abstract: The Department of Commerce (the Department) is modifying two regulations pertaining to price adjustments in antidumping duty proceedings, 19 CFR 351.102(b)(38) and 19 CFR 351.401(c). It is the Department's current practice to not grant price adjustments where the terms and conditions were not established and known to the customer at the time of sale (sometimes referred to as determining the "legitimacy" of a price adjustment) because of the potential for manipulation of the dumping margin through so-called "after-the-fact" adjustments. It is the Department's position that the current language of the regulations, in conjunction with the preambulatory language accompanying the 1997 rulemaking, allows the Department discretion to not accept certain "after-the-fact" rebates. However, in a recent opinion the Court of International Trade held that the language of the regulations did not afford the Department the discretion to not accept certain rebates. The Department is modifying 19 CFR 102(b)(38) to refine the definition of price adjustment and 19 CFR 351.401(c) to refine the circumstances under which the Department will accept certain price adjustments. These modifications are intended to clarify--if clarification is necessary--that the Department does not intend to accept a price adjustment that is made after the time of sale unless the interested party demonstrates, to the satisfaction of the Department, its entitlement to such an adjustment. The Department believes this change will help align the language of the regulations with the Department's current interpretation and practice, and thus, there should be a minimal impact on parties that are currently subject to this longstanding interpretation and practice.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 19 CFR 351
Legal Authority: 5 U.S.C. 301

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/31/2014	79 FR 78742
NPRM Comment Period End	01/30/2015
Final Action	03/24/2016	81 FR 15641
Final Action Effective	04/25/2016
Final Action	08/02/2016	81 FR 50617
Final Action Effective	09/01/2016

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Jessica Link Department of Commerce International Trade Administration 1401 Constitution Avenue NW, Washington, DC 20230 Phone:202 482-1411 Email: jessica.link@trade.gov