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DOC/ITA RIN: 0625-AB23 Publication ID: Fall 2023 
Title: Regulations Improving and Strengthening the Enforcement of Trade Remedies Through the Administration of the Antidumping and Countervailing Duty Laws 
Abstract:

Pursuant to its authority under title VII of the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) intends to amend its regulations (part 351) to improve and augment its scope, circumvention, and covered merchandise proceedings in furtherance of the antidumping (AD) and countervailing duty (CVD) laws. Furthermore, the Department of Commerce intends to issue a new regulation which defines a Particular Market Situation (PMS), as that term is used in the Act, and provides guidance on the criteria which Commerce may, and may not, consider in determining if a market situation is particular. In addition, Commerce intends to issue regulations which allow for consideration of the lack of property, human rights, labor, and environmental protections in determining if potential surrogate values or benchmarks are distorted or appropriate to use in its calculations.  Furthermore, Commerce intends to codify its CVD adverse facts available hierarchy, to update its treatment of certain filings and citations, and to remove its regulation covering transnational subsidies.

 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
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. 1671 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  11/18/2022  87 FR 69234   
ANPRM Comment Period End  12/18/2022 
NPRM  05/09/2023  88 FR 29850   
NPRM Comment Period End  07/10/2023 
Final Action  11/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
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:
Nikki Kalbing
Department of Commerce
International Trade Administration
1401 Constitution Avenue NW,
Washington, DC 20230
Phone:202 482-4343
Email: nikki.kalbing@trade.gov