Rule2021-19443
Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions
Primary source
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Published
September 27, 2021
Effective
September 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 20, 2021, the Department of Commerce (Commerce) published the final rule entitled "Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws" in the Federal Register (Final Rule). In the Final Rule, Commerce explained that it would make available an application for parties to fill out and submit to request a scope inquiry and ruling and that it would provide additional instruction on the procedures for the annual inquiry service list, as appropriate. This document provides further information on the availability of the scope ruling application through Commerce's website and the additional procedures to request placement on the annual inquiry service list. In addition, Commerce is notifying the public that it intends to place additional information on its website and hold informational sessions on the Final Rule.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53205-53207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19443]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
Scope Ruling Application; Annual Inquiry Service List; and
Informational Sessions
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notification and guidance.
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SUMMARY: On September 20, 2021, the Department of Commerce (Commerce)
published the final rule entitled ``Regulations to Improve
Administration and Enforcement of Antidumping and Countervailing Duty
Laws'' in the Federal Register (Final Rule). In the Final Rule,
Commerce explained that it would make available an application for
parties to fill out and submit to request a scope inquiry and ruling
and that it would provide additional instruction on the procedures for
the annual inquiry service list, as appropriate. This document provides
further information on the availability of the scope ruling application
through Commerce's website and the additional procedures to request
placement on the annual inquiry service list. In addition, Commerce is
notifying the public that it intends to place additional information on
its website and hold informational sessions on the Final Rule.
DATES: Effective September 27, 2021. See SUPPLEMENTARY INFORMATION for
further information on relevant dates for the annual inquiry service
list.
FOR FURTHER INFORMATION CONTACT: Any questions related to the annual
inquiry service list should be submitted to the APO/Dockets Unit
(Attention: Evangeline Keenan) at (202) 482-4920 or
<a href="/cdn-cgi/l/email-protection#9fdecfd0cceaefeff0edebdfebedfefbfab1f8f0e9"><span class="__cf_email__" data-cfemail="793829362a0c0909160b0d390d0b181d1c571e160f">[email protected]</span></a>. Electronic filing questions should be submitted
to <a href="/cdn-cgi/l/email-protection#355456565046467541475451501b525a43"><span class="__cf_email__" data-cfemail="38595b5b5d4b4b784c4a595c5d165f574e">[email protected]</span></a>. For all other questions regarding the Final Rule,
please contact the Enforcement & Compliance Communications office
(Attention: Dana Moreland) at (202) 482-0063 or
<a href="/cdn-cgi/l/email-protection#430600002c2e2e362d2a2022372a2c2d300337312227266d242c35"><span class="__cf_email__" data-cfemail="1f5a5c5c7072726a71767c7e6b7670716c5f6b6d7e7b7a31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On August 13, 2020, Commerce published proposed amendments to its
existing regulations, 19 CFR part 351, to strengthen and improve the
administration and enforcement of the antidumping and countervailing
duty laws.\1\ On September 20, 2021, Commerce published the Final
Rule.\2\ In the Final Rule, Commerce established revised regulations
(19 CFR 351.225) which describe the applicable procedures and standards
concerning scope inquiries and scope rulings regarding whether a
product is covered by the scope of a particular antidumping or
countervailing duty order. In addition, Commerce established new
regulations for circumvention inquiries conducted under section 781 of
the Tariff Act of 1930, as amended (the Act) (new 19 CFR 351.226).
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\1\ Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 85 FR 49472 (August 13,
2020) (Proposed Rule).
\2\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
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Scope Ruling Application
Revised section 351.225(c) details the procedures and requirements
for an interested party to fill out and submit a scope ruling
application, and further provides that Commerce will make a scope
ruling application available to the public. In accordance with revised
section 351.225(d), if a completed scope ruling application is
accepted, Commerce will initiate a scope inquiry.
Commerce is notifying parties that the scope ruling application may
be found at <a href="https://www.trade.gov/review-or-submit-adcvd-proceedings-documents">https://www.trade.gov/review-or-submit-adcvd-proceedings-documents</a> or <a href="https://access.trade.gov/Resources/ADCVD_Resources.aspx">https://access.trade.gov/Resources/ADCVD_Resources.aspx</a>.
Annual Inquiry Service List
Revised Sec. 351.225(c) and (n)(1) provide that an interested
party that submits a scope ruling application must serve a copy of the
application on all persons on the annual inquiry service list for that
order, as well as any companion order covering the same merchandise
from the same country of origin, as described in revised section
351.225(m)(2). Revised Sec. 351.225(n)(2) and (3) describe the
procedures for the ``annual inquiry service list,'' discussed further
below. Similarly, new Sec. 351.226(c) and (n)(1) state that an
interested party that submits a request for a circumvention inquiry
must serve a copy of the request on all persons on the annual inquiry
service list for that order, as well as any companion order covering
the same merchandise from the same country of origin, as described in
new Sec. 351.226(m)(2). Lastly, revised section 351.225(n)(4) and new
Sec. 351.226(n)(2) provide that once a scope or circumvention inquiry
has
[[Page 53206]]
been initiated, a segment-specific service list will be established.
As discussed in the Final Rule, Commerce is notifying parties of
the initial procedures for the establishment of the annual inquiry
service list for each antidumping and countervailing duty order.\3\
Upon publication of this document, Commerce will begin to create an
annual inquiry service list for each active antidumping and
countervailing duty order and suspended investigation in its online e-
filing and document management system, Antidumping and Countervailing
Duty Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \4\
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\3\ See Final Rule, 86 FR 52300 at 52335 (stating that, after
the Final Rule's publication, Commerce ``intends to provide
additional instruction to interested parties on the procedures for
the annual inquiry service list, as appropriate.'')
\4\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 which
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Establishment of the Annual Inquiry Service Lists
Beginning September 27, 2021, and until October 27, 2021, an
interested party may request to be added to the annual inquiry service
list by submitting in ACCESS an entry of appearance in the annual
inquiry service list segment of any order in which it qualifies as an
interested party under 19 CFR 351.102(b)(2)(i) through (ix).
Instructions on how to submit an entry of appearance are available at
<a href="https://access.trade.gov/help/Rel_4_External_User_Guide.pdf">https://access.trade.gov/help/Rel_4_External_User_Guide.pdf</a>. No later
than November 4, 2021 (the effective date of the Final Rule for 19 CFR
351.225 (scope) and 19 CFR 351.226 (circumvention)), Commerce will
generate an annual inquiry service list for each order and suspended
investigation based on the entries of appearance submitted by the
interested parties. As discussed further below, to be included in the
initial creation of the annual inquiry service list, all interested
parties, including petitioners and governments of foreign countries
must follow these procedures and submit an initial entry of appearance.
Annual Updates to the Annual Inquiry Service Lists
After the initial creation of the annual inquiry service lists for
all active orders and suspended investigations, Commerce will update
each annual inquiry service list on an annual basis beginning January
2022. Each year during the anniversary month of an order or suspended
investigation, Commerce will include in the monthly Notice of
Opportunity to Request Administrative Review published in the Federal
Register (Opportunity Notice), a notification to all interested parties
of their opportunity to submit an entry of appearance to be placed on
the annual inquiry service list for those orders included in that
month's Opportunity Notice. Any interested party that did not
previously appear on the annual inquiry service list can submit a new
entry of appearance at this time.
In accordance with 19 CFR 351.225(n)(3), with the exception of
petitioners and foreign governments (discussed below), all interested
parties who previously appeared on an annual inquiry service list and
wish to appear on the list for the next year will need to submit an
amended entry of appearance in ACCESS after the Opportunity Notice
publishes. Commerce will change the status of all entries of appearance
filed in ACCESS during the initial creation of the annual inquiry
service list from ``Active'' to ``Needs Amendment.'' Each interested
party may take this opportunity to make any necessary amendments (e.g.,
changes to client list, lead attorney or contact person) at this time.
If no amendments are needed, but the interested party wishes to be
added to the list for the next year, it must indicate in the electronic
entry of appearance form that it is renewing its request to be added to
the annual inquiry service list for the next year, and then submit it.
At that time, the status will be changed to ``In Progress.'' When
Commerce approves the amended entry of appearance, it will change the
status to ``Active'' and add the interested party to the annual inquiry
service list.
Similar to the deadlines to submit requests for administrative
review set out in the Opportunity Notice, interested parties will have
until the last day of the anniversary month to submit a new entry of
appearance for the annual inquiry service list or to amend its existing
entry of appearance to be included in the new annual inquiry service
list. If an interested party does not amend or resubmit its existing
entry of appearance, the status will be set to ``Inactive,'' and the
interested party will be omitted from the annual inquiry service list
for the next year. No later than five business days after the last day
of the anniversary month, Commerce will update the annual inquiry
service lists for all orders included in the Opportunity Notice.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \5\ Accordingly, as stated
above, petitioners and foreign governments should submit their initial
entry of appearance after publication of this notice in order to appear
in the first annual inquiry service list for those orders for which
they qualify as an interested party. Pursuant to 19 CFR 351.225(n)(3),
petitioners and foreign governments will not need to resubmit their
entries of appearance each year to continue to be included on the
annual inquiry service. However, petitioners and foreign governments
are responsible for making amendments to their entries of appearance
during the annual update to the annual inquiry service list in
accordance with the procedures described above.
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\5\ Id., 86 FR 52300 at 52335-36 (``Commerce intends to provide
additional instruction to interested parties on the procedures for
the annual inquiry service list, as appropriate, with special
instructions for petitioners and foreign governments. Specifically,
once the petitioners and foreign governments have submitted their
initial requests to be added to the first annual inquiry service
list for a given proceeding, it is reasonable to automatically add
them in each subsequent year to the list when the annual service
list for the proceeding is updated. To be clear, the first time a
petitioner or foreign government wishes to be included on an annual
inquiry service list, it will be incumbent upon the petitioner or
foreign government to request Commerce to include them on the list.
However, after that first time, inclusion for them will be
automatic. Additionally, after initial inclusion on the annual
inquiry service list, it is also incumbent upon the petitioner or
foreign government to notify Commerce of any changes to its
information.'')
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Other Information
For new orders and suspended investigations whose Federal Register
notices are published after the date of this document, Commerce will
create an annual inquiry service list segment in ACCESS within five
business days of publication of the notice of order or suspended
investigation. Interested parties will have 30 days after the date of
publication to submit an entry of appearance to be added to the new
annual inquiry service list, and Commerce will finalize the annual
[[Page 53207]]
inquiry service list within five business days thereafter. As mentioned
above, these new lists will be updated the next year, when the
Opportunity Notice for the relevant anniversary month is published, as
described above.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove interested parties or to update contact
information. Any changes or announcements pertaining to these
procedures will be posted to the ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Parties are also reminded that the procedures detailed above only
pertain to the annual inquiry service list described in revised Sec.
351.225(n) and new Sec. 351.226(n). There are separate procedures for
segment-specific service lists for scope and circumvention inquiries.
Segment-specific service lists are established and revised as parties
file their entries of appearance in that segment. These procedures are
detailed in revised Sec. 351.103(d), revised Sec. 351.225(n)(4)
(scope), and new Sec. 351.226(n)(2) (circumvention).
Informational Sessions
E&C's website at <a href="https://www.trade.gov/2021-adcvd-regulations-update">https://www.trade.gov/2021-adcvd-regulations-update</a> will contain additional information regarding the Final Rule. In
addition, the website will provide information on dates and times of
informational sessions regarding the Final Rule which Commerce intends
to provide to the public, as well as information on how to register
for, and participate in, those informational sessions. Whether the
sessions are virtual or in person, there will be a limited number of
spots available for participation. Therefore, the public should review
the information set forth on the website regarding availability.
Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19443 Filed 9-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 27, 2021.
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