[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.206]

[Page 204-205]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
        Subpart B--Antidumping and Countervailing Duty Procedures
 
Sec.  351.206  Critical circumstances.

    (a) Introduction. Generally, antidumping or countervailing duties 
are imposed on entries of merchandise made on or after the date on which 
the Secretary first imposes provisional measures (most often the date on 
which notice of an affirmative preliminary determination is published in 
the Federal Register). However, if the Secretary finds that ``critical 
circumstances'' exist, duties may be imposed retroactively on 
merchandise entered up to 90 days before the imposition of provisional 
measures. This section contains procedural and substantive rules 
regarding allegations and findings of critical circumstances.
    (b) In general. If a petitioner submits to the Secretary a written 
allegation of critical circumstances, with reasonably available factual 
information supporting the allegation, 21 days or more before the 
scheduled date of the Secretary's final determination, or on the 
Secretary's own initiative in a self-initiated investigation, the 
Secretary will make a finding whether critical circumstances exist, as 
defined in section 705(a)(2) or section 735(a)(3) of the Act (whichever 
is applicable).
    (c) Preliminary finding. (1) If the petitioner submits an allegation 
of critical circumstances 30 days or more before the scheduled date of 
the Secretary's final determination, the Secretary, based on the 
available information, will make a preliminary finding whether there is 
a reasonable basis to believe or suspect that critical circumstances 
exist, as defined in section 703(e)(1) or section 733(e)(1) of the Act 
(whichever is applicable).
    (2) The Secretary will issue the preliminary finding:
    (i) Not later than the preliminary determination, if the allegation 
is submitted 20 days or more before the scheduled date of the 
preliminary determination; or
    (ii) Within 30 days after the petitioner submits the allegation, if 
the allegation is submitted later than 20 days before the scheduled date 
of the preliminary determination; or

[[Page 205]]

    (iii) If, pursuant to paragraph (i) of this section, the period 
examined for purposes of determining whether critical circumstances 
exists is earlier than normal, the Secretary will issue the preliminary 
finding as early as possible after initiation of the investigation, but 
normally not less than 45 days after the petition was filed. The 
Secretary will notify the Commission and publish in the Federal Register 
notice of the preliminary finding.
    (d) Suspension of liquidation. If the Secretary makes an affirmative 
preliminary finding of critical circumstances, the provisions of section 
703(e)(2) or section 733(e)(2) of the Act (whichever is applicable) 
regarding the retroactive suspension of liquidation will apply.
    (e) Final finding. For any allegation of critical circumstances 
submitted 21 days or more before the scheduled date of the Secretary's 
final determination, the Secretary will make a final finding on critical 
circumstances, and will take appropriate action under section 705(c)(4) 
or section 735(c)(4) of the Act (whichever is applicable).
    (f) Findings in self-initiated investigations. In a self-initiated 
investigation, the Secretary will make preliminary and final findings on 
critical circumstances without regard to the time limits in paragraphs 
(c) and (e) of this section.
    (g) Information regarding critical circumstances. The Secretary may 
request the Commissioner of Customs to compile information on an 
expedited basis regarding entries of the subject merchandise if, at any 
time after the initiation of an investigation, the Secretary makes the 
findings described in section 702(e) or section 732(e) of the Act 
(whichever is applicable) regarding the possible existence of critical 
circumstances.
    (h) Massive imports. (1) In determining whether imports of the 
subject merchandise have been massive under section 705(a)(2)(B) or 
section 735(a)(3)(B) of the Act, the Secretary normally will examine:
    (i) The volume and value of the imports;
    (ii) Seasonal trends; and
    (iii) The share of domestic consumption accounted for by the 
imports.
    (2) In general, unless the imports during the ``relatively short 
period'' (see paragraph (i) of this section) have increased by at least 
15 percent over the imports during an immediately preceding period of 
comparable duration, the Secretary will not consider the imports 
massive.
    (i) Relatively short period. Under section 705(a)(2)(B) or section 
735(a)(3)(B) of the Act, the Secretary normally will consider a 
``relatively short period'' as the period beginning on the date the 
proceeding begins and ending at least three months later. However, if 
the Secretary finds that importers, or exporters or producers, had 
reason to believe, at some time prior to the beginning of the 
proceeding, that a proceeding was likely, then the Secretary may 
consider a period of not less than three months from that earlier time.

[62 FR 27379, May 19, 1997, as amended at 64 FR 48707, Sept. 8, 1999]