ITA Updates Submission of Factual Information Regulations

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April 12, 2013

The Department of Commerce recently updated two regulations regarding submission of factual information in AD/CVD proceedings.  In an April 10, 2013 Federal Register Notice, the Department issued a final rule implementing changes initially proposed on July 10, 2012.  Once the new regulations go into effect on May 10, 2013, factual information will be identified by the following categories:

    (i)    Evidence submitted in response to questionnaires
    (ii)   Evidence submitted in support of allegations
    (iii)  Publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2)
    (iv)   Evidence placed on the record by the Department
    (v)    Evidence other than factual information described in (i)   

Additionally, time limits for submission of factual information will be specific to the type of information being submitted.

The Department is instituting these changes in an effort to clarify what types of information can be submitted.  The updated regulations will also aid the Department in determining what kind of information is being filed and whether the information has been submitted in a timely manner.

For more information, please continue to visit www.barnesrichardson.com.