[Federal Register: September 9, 2003 (Volume 68, Number 174)]
[Notices]
[Page 53104-53105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se03-37]

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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping Proceedings: Treatment of Section 201 Duties and
Countervailing Duties

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.

ACTION: Request for public comments.

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SUMMARY: The Department of Commerce is requesting comments on the
appropriateness of deducting section 201 duties and countervailing
duties from gross unit price in order to determine the applicable
export price or constructed export price used in antidumping duty
calculations.

DATES: To be assured consideration, initial comments must be received
no later than thirty days from the date of publication of this notice.
Rebuttal comments must be received no later than forty-five days from
the date of publication of this notice.

ADDRESSES: Submit comments to James J. Jochum, Assistant Secretary for
Import Administration, U.S. Department of Commerce, Central Records
Unit, Room

[[Page 53105]]

1870, Pennsylvania Avenue and 14th Street, NW., Washington, DC 20230;
Attention: Section 201 Duties.

FOR FURTHER INFORMATION CONTACT: Becky Erkul, Office of Policy, Import
Administration, International Trade Administration, U.S. Department of
Commerce, at (202) 482-1277.

Background

    Several parties have advocated that the Department deduct
countervailing duties, as well as duties imposed under section 201 of
the Trade Act of 1974 (section 201 duties), from export price (EP) and
constructed export price (CEP) in calculations of dumping margins
pursuant to sections 772(c)(2)(A) and 772(d) of the Tariff Act of 1930,
as amended (the Act).
    Section 772(c)(2)(A) of the Act requires that the Department deduct
from EP and CEP any United States import duties included in the price.
This statutory deduction existed prior to the passage of the Uruguay
Round Agreements Act (URAA), and the URAA did not modify it in any
respect. In addition, section 772(d) of the Act requires the Department
to deduct U.S. selling expenses from CEP. Once again, there was a
similar statutory deduction for U.S. selling expenses under the pre-
URAA antidumping law.
    The Department is seeking comments on the appropriate treatment of
section 201 duties and countervailing duties under these provisions in
antidumping duty calculations.

Comments--Deadline, Format, and Number of Copies

    Parties wishing to comment should file a signed original and six
copies of each set of initial and rebuttal comments. All comments will
be available for public inspection and photocopying in the Import
Administration's Central Records Unit, Room B-099, between the hours of
8:30 a.m. and 5 p.m. on business days. Each person submitting a comment
should include the commenter's name and address, and give reasons for
any recommendations. In order to ensure timely and complete
distribution of comments, the Department recommends the submission of
initial and rebuttal comments in electronic form to accompany the
required paper copies. Comments filed in electronic form should be
submitted on a DOS formatted 3.5'' diskette, Iomega Zip disk, or
Compact Disc (CD-R or CD-RW).
    Comments received in electronic form will be made available to the
public in Portable Document Format (PDF) on the Internet at the IA Web
site at the following address: http://ia.ita.doc.gov/.
    Any questions concerning file formatting, document conversion,
access on the Internet, or other electronic filing issues should be
addressed to Andrew Lee Beller, Import Administration Webmaster, at
(202) 482-0866, e-mail address webmaster_support@ita.doc.gov.
Hearing

    After reviewing all comments and rebuttal comments, the Department
will determine if a public hearing is warranted, and, if so, will
announce a place and time for that hearing.

    Dated: September 3, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-22946 Filed 9-8-03; 8:45 am]