Commerce Department, International Trade Administration
On December 16, 2010, the Department of Commerce ("the Department") published a Federal Register notice announcing that it was considering revising its current practice with respect to the de facto criteria \1\ examined for purposes of determining whether to grant separate rate status to individual exporters in antidumping proceedings involving non-market economy ("NME") countries. Through that notice, the Department invited the public to comment on the current test.\2\ Numerous parties filed comments in response, addressing the Department's current practice and proposing additional criteria for the Department to consider in its analysis. The Department has determined that several of these comments warrant consideration on a case-by-case basis, as discussed below, when assessing whether a foreign producer/exporter in an NME country is sufficiently free of government control of its export activities to warrant separate rate status.\3\ ---------------------------------------------------------------------------
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce International Trade Administration [Docket No. 130612543-3543-01] RIN 0625-XC007 AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Determination to Address Certain Criteria on a Case-by-Case Basis. SUMMARY: On December 16, 2010, the Department of Commerce (“the Department”) published a Federal Register notice announcing that it was considering revising its current practice with respect to the de facto criteria  [ 1 ] examined for purposes of determining whether to grant separate rate status to individual exporters in antidumping proceedings involving non-market economy (“NME”) countries. Through that notice, the Department invited the public to comment on the current test. [ 2 ] Numerous parties filed comments in response, addressing the Department's current practice and proposing additional criteria for the Department to consider in its analysis. The Department has determined that several of these comments warrant consideration on a case-by-case basis, as discussed below, when assessing whether a foreign producer/exporter in an NME country is sufficiently free of government control of its export activities to warrant separate rate status. [ 3 ] DATES: Effective Date: Date of publication in the Federal Register . FOR FURTHER INFORMATION CONTACT: Eugene Degnan, Program Manager, Office 8, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue N…
Citation: 78 FR 40430
