(iii) The difference between the value of such imported products and the value of the merchandise described in paragraph (f)(1)(ii) is small, and

(iv) The Secretary determines that action is appropriate under this paragraph to prevent evasion of such order, the Secretary, after taking into account any advice provided by the Commission under paragraph (d)(7) of this section, may include such imported products within the scope of such order at any time such order is in effect.

(2) Factors to consider. In determining whether to include a product in an order under paragraph (f)(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 product described in paragraph (f)(1)(ii) is related to the person who uses the merchandise described in paragraph (f)(1)(ii) to assemble or complete in the foreign country the product that is subsequently imported into the United States; and

(iii) Whether imports into the foreign country of the product described in paragraph (f)(1)(ii) have increased after the issuance of such order.

(g) Minor alterations of merchandise— (1) In general. The class or kind of merchandise subject to an investigation or order will include articles altered in form or appearance in minor respects (including raw agricultural products that have undergone minor processing), whether or not included in the same tariff classification.

(2) Exception. Paragraph (g)(1) of this section will not apply with respect to altered merchandise if the Secretary determines that it would be unnecessary to consider the altered merchandise within the scope of the investigation or order.

(h) Later-developed products—(1) In general. For purposes of determining whether a product developed after a countervailing duty investigation is initiated (hereafter in this paragraph referred to as the "later-developed merchandise") is within the scope of an order, the Secretary will consider whether:

(i) The later-developed product has the same general physical characteristics as the merchandise with respect to

which the order was originally issued (hereafter in this paragraph referred to as the "earlier merchandise");

(ii) The expectations of the ultimate purchasers of the later-developed product are the same as for the earlier merchandise;

(iii) The ultimate use of the earlier merchandise and the later-developed product are the same;

(iv) The later-developed product is sold through the same channels of trade as the earlier merchandise; and

(v) The later-developed product is advertised and displayed in a manner similar to the earlier merchandise.

The Secretary will take into account any advice provided by the Commission under paragraph (d)(7) of this section before making a determination under this paragraph.

(2) Exclusion from orders. The Secretary may not exclude later-developed products from an order merely because the products:

(i) Are classified under the tariff classification other than that identified in the petition or the Secretary's prior notices during the proceeding; or

(ii) Permit the purchaser to perform additional functions, unless such additional functions constitute the primary use of the products and the cost of the additional functions constitute more than a significant proportion of the total cost of production of the products.

(i) Other scope determinations. With respect to those scope determinations that are not covered under paragraphs (e) through (h) of this section, in considering whether a particular product is within the class or kind of merchandise described in an existing order, the Secretary will take into account the following:

(1) The descriptions of the product contained in the petition, the initial investigation, and the determinations of the Secretary and the Commission.

(2) When the above criteria are not dispositive, the Secretary will further consider:

(i) The physical characteristics of the product;

(ii) The expectations of the ultimate purchasers;

(iii) The ultimate use of the product; and

(iv) The channels of trade.

(j) Suspension of liquidation. (1) When the Secretary initiates a scope inquiry pursuant to paragraph (c) of this section, and the subject product is already subject to suspension of liquidation, that suspension of liquidation will be continued pending a preliminary or a final scope ruling. Any suspension of liquidation will be at the cash desposit of estimated duty rate that will apply if the subject product is ruled to be included within the scope of the order.

(2) If the Secretary issues a preliminary scope ruling pursuant to paragraph (d)(3) of this section to the effect that the subject product is included within the scope of the order, any suspension of liquidation described in paragraph (j)(1) of this section will continue. Where there has been no suspension of liquidation, the Secretary will instruct the Customs Service to suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each suspended entry of the product entered, or withdrawn from warehouse, for consumption on or after the date of the preliminary scope ruling. If the Secretary issues a preliminary scope ruling to the effect that the subject product is not included within the scope of the order, the Secretary will order any suspension of liquidation on the subject product ended and will instruct the Customs Service to refund any cash deposits or release any bonds relating to this product.

(3) If the Secretary issues a final scope ruling, pursuant to either paragraph (b) or (d)(5) of this section, to the effect that the subject product is included within the scope of the order, any suspension of liquidation pursuant to paragraph (j)(1) or (j)(2) of this section will continue. Where there has been no suspension of liquidation, the Secretary will instruct the Customs Service to suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each entry of the product entered, or withdrawn from warehouse, for consumption on or after the date of the final scope ruling. If the Secretary's final scope ruling is to the effect that the subject product is not included within the scope of the order, the Secretary

will order any suspension of liquidation on the subject product ended and will instruct the Customs Service to refund any cash deposits or release any bonds relating to this product.

(k) 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 9054, Mar. 9, 1990]

Subpart C-Information and
Argument

§355.31 Submission of factual information.

(a) Time limits in general. (1) Except as provided in paragraphs (a)(2) and (b) of this section, submissions of factual information for the Secretary's consideration shall be submitted not later than:

(i) For the Secretary's final determination, the day before the scheduled date on which the verification is to commence;

(ii) For the Secretary's final results of an administrative review other than a review under §355.22(j), the earlier of the date of publication of notice of preliminary results of review or 180 days after the date of publication of notice of initiation of the review; or

(iii) For the Secretary's final results of an administrative review under §355.22(j), the earlier of the date of publication of notice of preliminary results of review or 120 days after the date of publication of notice of initiation of the review.

(2) Any interested party, as defined in paragraphs (i)(3), (i)(4), (i)(5), and (i)(6) of §355.2, may submit factual information to rebut, clarify, or correct factual information submitted by an interested party, as defined in paragraph (i)(1) or (i)(2) of §355.2, at any time prior to the deadline provided in this section for submission of such factual information or, if later, 10 days after the date such factual information is served on the interested party, or, if appropriate, made available under administrative protective order to the interested party.

(3) The Secretary will not consider in the final determination or the final results, or retain in the record of the proceeding, any factual information submitted after the applicable time limit. The Secretary will return such information to the submitter with written notice stating the reasons for return of the information.

on

(b) Questionaire responses and other submissions request. (1) Notwithstanding paragraph (a) of this section, the Secretary may request any person to submit factual information at any time during a proceeding.

(2) In the Secretary's written request to an interested party for a response to a questionnaire or for other factual information, the Secretary will specify the time limit for response. The Secretary normally will not consider or retain in the record of the proceeding unsolicited questionnaire responses, and in no event will the Secretary consider unsolicited questionnaire responses submitted after the date of publication of the Secretary's preliminary determination. The Secretary will return to the submitter, with written notice stating the reasons for return of the document, any untimely or unsolicited questionnaire responses rejected by the Department.

(3) Ordinarily, the Secretary will not extend the time limit stated in the questionnnaire or request for other factual information. Before the time limit expires, the recipient of the Secretary's request may request an extension. The request must be in writing and state the reasons for the request. Only the following employees of the Department may approve an extension: the Assistant Secretary for Import Administration, the Deputy Assistant Secretary for Import Administration, the Deputy Assistant Secretary for Investigations, the Deputy Assistant Secretary for Compliance, and the office or division director responsible for the proceeding. An extension must be approved in writing.

(4) Except as provided in §355.32(b) and subject to the other provisions of paragraph (b) of this section, questionnaire responses in administrative reviews must be submitted not later than 60 days after the date of receipt of the questionnaire.

(c) Time limits for allegations of subsidies. (1) Except for an allegation of upstream subsidies submitted in an investigation (see §§ 355.15(d) and 355.20(b)), the Secretary will not consider any subsidy allegation submitted by the petitioner or other interested party, as defined in paragraph (1)(3), (i)(4), (i)(5), or (i)(6) of §355.2, later than:

(i) In an investigation, 40 days before the scheduled date for the Secretary's preliminary determination;

(ii) In an administrative review other than a review under §355.22(j), 120 days after the date of publication of the notice of initiation of the review; or

(iii) In an administrative review under §355.22(j), 60 days after the date of publication of the notice of initiation of the review.

(2) Any interested party may request in writing not later than the time limits specified in paragraph (c)(1) of this section an extension of those time limits. If the Assistant Secretary for Import Administration concludes that an extension would facilitate the proper administration of the law, the Assistant Secretary may grant an extension of not longer than 10 days in an investigation or 30 days in an administrative review.

(d) Where to file; time of filing. Address and submit documents to the Secretary of Commerce, Attention: Import Administration, Central Records Unit, Room B-099, U.S. Department of Commerce, Pennsylvania Avenue and 14th St., NW., Washington, DC 20230, between the hours of 8:30 a.m. and 5:00 p.m. on business days. For all time limits in this part, the Secretary will consider documents received when stamped by the Central Records Unit with the date and time of receipt. If the time limit expires on a non-business day, the Secretary will accept documents that are filed on the next following business day.

(e) Format and number of copies. (1) In general. Unless the Secretary alters the requirements of this section, submitters shall make all submissions in the format specified in paragraph (e) of this section. The Secretary may refuse

to accept for the record of the proceeding any submission that does not conform to the requirements of paragraph (e) of this section.

(2) Documents. In an investigation, submit 10 copies of any document, except a computer printout, and, if a person has requested that the Secretary treat portions of the document as proprietary information, submit five copies of a public version of the document, including any public summaries required under §355.32(b) as substitutes for the portions for which the person has requested proprietary treatment; and if administrative protective order versions are required to be served pursuant to §355.31(g) (1) or (2), submit one copy of the cover page, marked as described in paragraph (e)(2)(v), together with only those pages that differ from the public or proprietary versions. In an administrative review, scope inquiry, or downstream product monitoring application, submit seven copies of any document, except a computer

printout; and if a person has requested that the Secretary treat portions of the document as proprietary information, submit three copies of a public version of the document, as described above; and submit one copy of any administrative protective order versions required to be served pursuant to §355.31(g) (1) or (2), as described above. In an investigation, administrative review, scope inquiry, or downstream product monitoring application, submit documents, if prepared for that segment of the proceeding, on lettersize paper, single-sided and doublespaced. Securely bind each copy as a single document with any letter of transmittal as the first page of the document. Mark the first page of each document in the upper right-hand corner with the following information in the following format:

(i) On the first line, except for a petition, the Department case number;

(ii) On the second line, the total number of pages in the document including cover pages, appendices, and any unnumbered pages;

(iii) On the third line, state whether the document is for an investigation, scope inquiry, downstream product monitoring application, or an adminis

trative review and, if the latter, the inclusive dates of the review;

(iv) On the fourth and subsequent lines, state whether any portion of the document contains classified, privileged, or proprietary information and, if so, list the applicable page numbers and state either "Document May be Released Under APO" or "Document May Not be Released Under APO" (see §§ 355.32(c) and 355.34);

(v) For administrative protective order versions, described in §355.31(g) (1) or (2), complete the marking as required in paragraphs (i)–(iv) above for the proprietary document, but conspicuously mark the first page "APO Version Prepared for [Name of party entitled to receive materials]”; and

(vi) For public versions of proprietary documents, required by §355.32(b), complete the marking as required in paragraphs (e)(2) (i) through (iv) of this section for the proprietary document, but conspicuously mark the first page "Public Version.”

(3) Computer tapes and printouts. The Secretary may require submission of factual information on computer tape unless the Secretary decides that the submitter does not maintain records in computerized form and cannot supply the requested information on computer tape without unreasonable additional burden in time and expense. In an investigation or administrative review, the tape shall be accompanied by three copies of any computer printout and three copies of the public version of the printout.

(f) Translation to English. Unless the Secretary waives in writing this requirement for an individual document, any document submitted which is in a foreign language must be accompanied by an English translation.

(g) Service of copies on other parties. With the exception of petitions, proposed suspension agreements submitted under $355.18(g)(1)(i), and factual information submitted under §355.32(a) that is not required to be served on an interested party, the submitter of a document shall, at the same time, serve a copy of the document, on all interested parties on the Department's service list by first class mail or personal service. In addition, where proprietary information is involved, the

submitter shall serve the following administrative protective order versions:

(1) With respect to parties to the proceeding that are subject to administrative protective orders under § 355.34, the submitter of a document shall include that proprietary information that the interested party is entitled to receive under the terms of the administrative protective order, as well as the party's own proprietary information, but no other proprietary information;

(2) With respect to interested parties that are not subject to an administrative protective order, but when the submission contains that interested party's proprietary information, the submitter of a document shall serve the interested party with a version that contains just the interested party's own proprietary information.

The Secretary will not accept any document that is not accompanied by a certificate of service listing the parties served, the type of document served, and, for each, indicating the date and method of service.

(h) Service list. The Central Records Unit will maintain and make available a service list for each proceeding. Each interested party which asks to be on the service list shall designate a person to receive service of documents filed in a proceeding.

(1) Certifications. Any interested party which submits factual information to the Secretary must submit with the factual information the certification in paragraph (i)(1) and, if the party has legal counsel or another representative, the certification in paragraph (i)(2) of this section:

(1) For the interested party's official responsible for presentation of the factual information: "I, (name and title), currently employed by (interested party), certify that (1) I have read the attached submission, and (2) the information contained in this submission is, to the best of my knowledge, complete and accurate."

(2) For interested party's legal counsel or other representative: “I, (name), of (law or other firm), counsel or representative to (interested party), certify that (i) I have read the attached submission, and (ii) based on the information made available to me by (interested party), I have no reason to be

lieve that this submission contains any material misrepresentation or omission of fact."

[53 FR 52344, Dec. 27, 1988, as amended at 55 FR 9056, Mar. 9, 1990; 57 FR 30903, July 13, 1992; 60 FR 25139, May 11, 1995]

§355.32 Request for proprietary treatment of information.

(a) Submission and content of request. (1) Any person who submits factual information to the Secretary in connection with a proceeding may request that the Secretary treat that information, or any specified part, as proprietary.

(2) The submitter shall identify proprietary information on each page by placing brackets around the proprietary information and clearly stating at the top of each page containing such information "Proprietary Treatment Requested" and the warning “Bracketing of proprietary information not final for one business day after date of filing." The bracketing becomes final one business day after the date of filing of the document, i.e., at the same time as the nonbusiness proprietary version of the document is due to be filed. Until the bracketing becomes final, recipients of the document may not divulge any part of the contents of the document to anyone not subject to the administrative protective order issued in the investigation. After the bracketing becomes final, recipients may divulge the public version of the document to anyone not subject to the administrative protective order. If the submitter discovers it has failed to bracket correctly, the submitter may file a corrected version or portion of the business proprietary document at the same time as the nonbusiness proprietary version is filed. No changes to the document other than bracketing and deletion of business proprietary information are permitted after the deadline. Failure to comply with this paragraph may result in the striking from the record of all or a portion of a submitter's document.

(3) The submitter shall provide a full explanation why each piece of factual information subject to the request is entitled to proprietary treatment under $355.4. The request and explanation shall be a part of or securely