[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: 19CFR351.311]

[Page 253-254]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                   Subpart C--Information and Argument
 
Sec.  351.311  Countervailable subsidy practice discovered during investigation or review.

    (a) Introduction. During the course of a countervailing duty 
investigation or review, Department officials may discover or receive 
notice of a practice that appears to provide a countervailable subsidy. 
This section explains when the Secretary will examine such a practice.
    (b) Inclusion in proceeding. If during a countervailing duty 
investigation or a countervailing duty administrative review the 
Secretary discovers a practice that appears to provide a countervailable 
subsidy with respect to the subject merchandise and the practice was not 
alleged or examined in the proceeding, or if, pursuant to section 775 of 
the Act, the Secretary receives notice from the United States Trade 
Representative that a subsidy or subsidy program is in violation of 
Article 8 of the Subsidies Agreement, the Secretary will examine the 
practice, subsidy, or subsidy program if the Secretary concludes that 
sufficient time remains before the scheduled date for the final 
determination or final results of review.
    (c) Deferral of examination. If the Secretary concludes that 
insufficient time

[[Page 254]]

remains before the scheduled date for the final determination or final 
results of review to examine the practice, subsidy, or subsidy program 
described in paragraph (b) of this section, the Secretary will:
    (1) During an investigation, allow the petitioner to withdraw the 
petition without prejudice and resubmit it with an allegation with 
regard to the newly discovered practice, subsidy, or subsidy program; or
    (2) During an investigation or review, defer consideration of the 
newly discovered practice, subsidy, or subsidy program until a 
subsequent administrative review, if any.
    (d) Notice. The Secretary will notify the parties to the proceeding 
of any practice the Secretary discovers, or any subsidy or subsidy 
program with respect to which the Secretary receives notice from the 
United States Trade Representative, and whether or not it will be 
included in the then ongoing proceeding.