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is a reasonable basis to believe that the requirements for revocation or termination based on changed circumstances are met;

(v) If the Secretary's preliminary decision under paragraph (d)(3)(iv) of this section is affirmative, publish with the notice of preliminary results of review, under §355.22(h)(1)(v), notice of "Intent to Revoke Order (in Part)" or, if appropriate, "Intent to Terminate Suspended Investigation;"

(vi) Include in the final results of review, under §355.22(h)(1)(viii), the Secretary's final decision whether the requirements for revocation or termination based on changed circumstances are met; and

(vii) If the Secretary's final decision under paragraph (d)(3)(vi) of this section is affirmative, publish with the notice of final results of review, under §355.22(h)(1)(ix), a notice of "Revocation of Order (in Part)" or, if appropriate, "Termination of Suspended Investigation."

(4)(i) If for four consecutive annual anniversary months no interested party has requested an administrative review, under §355.22(a), of an order or suspended investigation, not later than the first day of the fifth consecutive annual anniversary month, the Secretary will publish in the FEDERAL REGISTER notice of "Intent to Revoke Order" or, if appropriate, "Intent to Terminate Suspended Investigation.”

(ii) Not later than the date of publication of the notice described in paragraph (d)(4)(i) of this section, the Secretary will serve written notice of the intent to revoke or terminate on each interested party listed on the Department's service list and on any other person which the Secretary has reason to believe is a producer or seller in the United States of the like product.

(iii) If by the last day of the fifth annual anniversary month no interested party objects, or requests an administrative review under § 355.22(a), the Secretary at that time will conclude that the requirements of paragraph (d)(1)(i) of this section for revocation or termination are met, revoke the order or terminate the suspended investigation, and publish in the FEDERAL REGISTER the notice described in paragraph (d)(3)(vii) of this section.

(5) If the Secretary under paragraph (d) of this section revokes an order or revokes an order in part, the Secretary will order the suspension of liquidation ended for the merchandise covered by the revocation on the effective date of the notice of revocation, and will instruct the Customs Service to release any cash deposit or bond.

(e) Revocation or termination based on injury reconsideration. If the Commission determines in an administrative review under section 751(b) of the Act that an industry in the United States would not be materially injured, or would not be threatened with material injury, or the establishment of an industry in the United States would not be materially retarded, by reason of imports of the merchandise covered by a countervailing duty order or suspension agreement, the Secretary will revoke, in whole or in part, the order or terminate the suspended investigation, and will publish in the FEDERAL REGISTER notice of "Revocation of Order (in Part)" or, if appropriate, "Termination of Suspended Investigation.”

$355.27 Procedures for initiation of downstream product monitoring.

(a) In general. A domestic producer of an article that is like a component part or a downstream product may file an application pursuant to this section requesting that the Secretary designate a downstream product for monitoring.

(b) Contents of application. The application shall contain the following information, to the extent reasonably available to the applicant:

(1) The name and address of the person requesting the monitoring and a description of the article it produces which is the basis for filing its application;

(2) A detailed description of the downstream product in question;

(3) A detailed description of the component product incorporated into such downstream product, including the value of the component part in relation to the value of the downstream product, and the extent to which the component part has been substantially transformed as a result of its incorporation into the downstream product;

(4) The name of the home market country of both the downstream and component products and the name of any intermediate country through which these products are transshipped;

(5) The name and address of all known producers of the component part and downstream product in the relevant countries and a detailed description of any relationship between such producers;

(6) Whether the component part is already subject to monitoring to aid in the enforcement of a bilateral arrangement within the meaning of Section 804 of the Trade and Tariff Act of 1984;

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(7) A list of all antidumping or countervailing duty investigations pended under §353.18 or §355.18, or antidumping or countervailing duty orders issued under §353.21 or §355.21 on merchandise related to the component part and manufactured in the same foreign country in which the component part is manufactured;

(8) A list of all antidumping or countervailing duty investigations suspended under § 353.18 or §355.18, or antidumping or countervailing orders issued under §353.21 or §355.21 on merchandise manufactured or exported by the manufacturer or exporter of the component part that is similar in description and use to the component part; and

(9) The reasons for suspecting that the imposition of antidumping or countervailing duties has resulted in a diversion of exports of the component part into increased production and exportation to the United Sates of such downstream product.

(c) Determination of sufficiency of application—(1) In general. Within 14 days after an application is filed under paragraph (b) of this section the Secretary will determine the sufficiency of the application. An application is considered to be filed at the time it is received by the Secretary. In order to determine that an application is sufficient, the Secretary must find:

(i) There is a reasonable likelihood that imports of the downstream product into the United States will increase as an indirect result of any diversion with respect to the component part; and

(ii) That

(A) The component part is already subject to monitoring with respect to the enforcement of a bilateral arrangement within the meaning of Section 804 of the Trade and Tariff Act of 1984, or (B) Merchandise related to the component part and manufactured in the same foreign country in which the component part is manufactured has been the subject of a significant number of antidumping or countervailing duty investigations suspended under §353.18 or $355.18, or antidumping or countervailing duty orders issued under §353.21 or §355.21, or

(C) Merchandise manufactured or exported by the manufacturer or exporter of the component part that is similar in description and use to the component part has been the subject of at least two antidumping or countervailing duty investigations suspended under § 353.18 or §355.18, or antidumping or countervailing duty orders issued under § 353.21 or §355.21.

(2) In making a determination under paragraph (c)(1)(i) of this section, the Secretary will consider all factors the Secretary considers relevant and may, if appropriate, take into account such factors as:

(i) The value of the component part in relation to the value of the downstream product;

(ii) The extent to which the component part has been substantially transformed as a result of its incorporation into the downstream product; and

(iii) The relationship between the producers of the component part and producers of the downstream product.

(d) Notice of determination. The Secretary will publish in the FEDERAL REGISTER notice of each affirmative or negative "monitoring" determination made under paragraph (c) of his section and if the determination under (c)(1)(i) and under any clause of (c)(1)(ii) are affirmative, will transmit to the Commission a copy of the determination and the application. The Secretary will make available to the Commission and to its employees directly involved in the monitoring all information upon which the Secretary based the initiation.

(e) Action on basis of monitoring reports. The Secretary will review the information in any monitoring reports

submitted to the Department by the Commission under Section 780 of the Act and will:

(1) Consider the information in determining whether to initiate an investigation under §355.11 regarding any downstream product; and

(2) Request the Commission to cease monitoring any downstream product if the information indicates that imports into the United States are not increasing and there is no reasonable likelihood of diversion with respect to the component part.

(f) Definitions—(1) Downstream product means any manufactured product imported into the United States into which a component part is incorporated.

(2) Component part means any imported article which:

(i) During the previous five-year period, ending on the date on which the application is filed under paragraph (b) of this section, has been subject to—

(A) An antidumping or countervailing duty order issued under §353.21 or §355.21 that required the deposit of estimated antidumping or countervailing duties, applicable to the particular manufacturer or exporter, at a rate of at least 15 percent ad valorem or,

(B) A suspension agreement entered into under §353.18 or §355.18 after a preliminary determination under §353.15 or $355.15 was made by the Secretary which included a determination that the estimated net antidumping margin or subsidy rate, applicable to the particular manufacturer or exporter, was at least 15 percent ad valorem; and

(ii) Due to its inherent characteristics, is routinely used as a major part, material, component, assembly, or subassembly in a downstream product.

(g) Where to file; time of filing; format and number of copies. The requirements of §355.31 (d), (e), (f), and (g) apply to this section.

[55 FR 9052, Mar. 9, 1990]

§355.28 Procedures for the correction of ministerial errors.

(a) In general. The Secretary will disclose the calculations performed in connection with a final countervailing duty determination pursuant to §355.20, or in a final results of an administrative review of a countervailing duty

order pursuant to §355.22, to any party to the proceeding making a request in accordance with this section. A party to the proceeding must file such a request in writing with the Secretary within five business days of the date of publication of the relevant final determination or final results of administrative review. A party to whom the Secretary has disclosed final calculations may submit comments concerning any ministerial errors in such calculations.

(b) Time limits. Comments must be filed within five business days after the date of disclosure unless the Secretary extends the time limit based upon a written request for extension that is filed within five business days after the date of disclosure and showing cause for such extension. Comments shall be submitted in writing to the Secretary and shall be served on all interested parties on the Department's service list. Interested parties may file replies to any comments submitted under paragraph (a) of this section. Any replies must be filed with the Secretary within five business days after the date the relevant comments under paragraph (a) are received by that party and shall be served on all interested parties on the Department's service list. All service of interested parties on the Department's service list pursuant to this paragraph shall be in accordance with §355.31(g). Notwithstanding the provisions of §355.34(d), the Secretary may permit representatives to retain proprietary information released under administrative protective order under §355.34 until the expiration of the time for filing for judicial review of the Secretary's correction of any ministerial errors. If the Secretary determines there are no ministerial errors, proprietary information will be returned in accordance with the provisions of §355.34(d).

(c) Corrections. The Secretary will analyze any comments received and will correct any ministerial errors by amending the final countervailing duty determination or final results of administrative review. Such corrections will be published in the FEDERAL REGISTER. A correction notice does not alter the anniversary month of an order or suspension of investigation for

purposes of requesting an administrative review under §355.22.

(d) Definition of "ministerial error”. For purposes of this section, ministerial error means an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Secretary considers ministerial.

[55 FR 9053, Mar. 9, 1990]

§355.29 Scope determination.

(a) Self-initiation. If the Secretary determines from available information that an inquiry is warranted to determine whether a product is included within the scope of a countervailing duty order, the Secretary will initiate an inquiry and notify all interested parties on the Department's service lists of its initiation of a scope inquiry.

(b) By application. Any interested party, as defined in §355.2(i), may file an application to determine whether a particular product is within the scope of an order. The application shall contain the following, to the extent reasonably available to the interested party:

(1) A detailed description of the product, including technical characteristics and uses of the product, and its current U.S. Tariff Classification number;

(2) A statement of the interested party's position as to whether the product is within the scope of an order, including

(i) A summary of the reasons for this conclusion,

(ii) Citations to any applicable statutory authority, and

(iii) Attachment of any factual support for this position, including applicable portions of the Secretary's or the Commission's investigation.

Where all of these conditions are met, the Secretary will evaluate the application. If the Secretary determines that no inquiry is warranted to determine whether a product is included within the scope of an order, the Secretary will issue a final ruling as to whether the merchandise which is the subject of the application is included in the existing order. The Secretary will, by mail, notify all interested parties on the Department's service lists of its de

termination. If, however, the Secretary determines that a scope inquiry is warranted, the Secretary will, by mail, notify all interested parties on the Department's service lists of the initiation of a scope inquiry.

(c) Notice. Any initiation of a scope inquiry issued pursuant to paragraphs (a) or (b) of this section will include:

(1) A description of the product that is the subject of the scope inquiry; and (2) An explanation of the reasons for the Secretary's decision to initiate a scope inquiry; and

(3) A schedule for submission of comments.

(d) Procedures for scope inquiry. Except as provided under paragraph (d)(6) of this section, the procedures for scope inquiries will be as follows:

(1) Interested parties shall file any comments not later than twenty days after receipt of the notification described in paragraph (c) of this section, unless the Secretary alters this time limit;

(2) Not later than the time limit stated in the notification described in paragraph (c) of this section (ordinarily five days after the time limit for filing the comments described in paragraph (d)(1) of this section), any interested party may submit rebuttal comments;

(3) Whenever the Secretary determines that a scope inquiry presents an issue of significant difficulty, the Secretary will issue a preliminary scope ruling based upon the available information at the time, as to whether there is a reasonable basis to believe or suspect that the product subject to a scope inquiry is included within the order. The Secretary will, by mail, notify all interested parties on the Department's service lists of its preliminary scope ruling and provide an invitation for comment. Unless otherwise specified, the Secretary will provide all interested parties thirty days from the Idate of receipt of the notification for comment;

(4) The Secretary may issue questionnaires or verify submissions received, where appropriate;

(5) The Secretary will issue a final ruling as to whether the product which is the subject of the scope inquiry is inIcluded in the existing order, including an explanation of the factual and legal

conclusions on which the final ruling is based. The Secretary will, by certified mail, return receipt requested, notify all interested parties on the Department's service lists of its final scope ruling;

(6) When a §355.22 review is in progress at the time the Secretary provides the notification outlined in paragraph (c) of this section, the scope investigation, in the Secretary's discretion, may be conducted in conjunction with a §355.22(c) review;

(7) With respect to countervailing duty proceedings in which the Commission made an affirmative injury determination, prior to issuing a ruling in accordance with paragraph (3) or (5) of this section or §355.22(c)(4) or §355.22(c)(8) to include products within the scope of an order pursuant to—

(i) Paragraph (e) of this section, other than operations in the United States involving minor completion or assembly,

(ii) Paragraph (f) of this section, or

(iii) Paragraph (h) of this section, with respect to later-developed products which incorporate a signficant technological advance or significant alteration of an earlier product,

the Secretary will notify the Commission in writing of the proposed inclusion of such products in the order. Upon the written request of the Commission, the Secretary will consult with the Commission regarding the proposed inclusion and any such consultation will be completed within 15 days after the date of such request. If the Commission believes, after such consultation, that a significant injury issue is presented by the proposed inclusion, the Commission may provide written advice to the Secretary as to whether the inclusion would be inconsistent with the affirmative determination of the Commission on which the order is based; and

(8) On a quarterly basis, the Secretary will publish in the FEDERAL REGISTER a list of scope rulings completed within the last three months. This list will include the case name, reference number and a brief description of the ruling.

(e) Products completed or assembled in the United States—(1) In General. If—

(1) A product sold in the United States is of the same class or kind as merchandise that is the subject of an order, and

(ii) Such product sold in the United States is completed or assembled in the United States from parts or components produced in the foreign country with respect to which such order applies, and

(iii) The difference between the value of such product sold in the United States and the value of the imported parts and components referred to in paragraph (e)(1)(ii) is small,

the Secretary, after taking into account any advice provided by the Commission under paragraph (d)(7) of this section, may include within the scope of such order the imported parts or components referred to in paragraph (e)(1)(ii) that are used in the completion or assembly of the merchandise in the United States at any time such order is in effect.

(2) Factors to consider. In determining whether to include parts or components in an order under paragraph (e)(1) of this section, the Secretary will take into account such factors as:

(i) The pattern of trade;

(ii) Whether the manufacturer or exporter of the parts or components is related to the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order described in paragraph (e)(1) of this section applies; and

(iii) Whether imports into the United States of the parts or components produced in such foreign country have increased after the issuance of such order or finding.

(f) Products completed or assembled in other foreign countries—(1) In General. If

(i) A product sold in the United States is of the same class or kind as the merchandise that is the subject of an order,

(ii) Before importation into the United States, such imported product is completed or assembled in another foreign country from merchandise which is subject to such order, or is produced in the foreign country with respect to which such order applies,

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