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Document: Tariff Act of 1930 as Amended, Enacted Jan 29, 2020
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Jun. 17, 1930
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DOC-ITA-EC-AD/CVD-1
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Document: Policy Bulletin 10.3
Topic: Factors of Production
Summary: With respect to the proper reporting of production inputs by respondent companies in
antidumping duty investigations and reviews involving non-market economy (“NME”) countries,
the Department of Commerce (“the Department”) requires that respondent companies in NMEs
report production inputs, i.e., factors of production, for their total production of the merchandise
meeting the description in the scope of the investigation or review. This reporting requirement is regardless of the ultimate country of destination, i.e., it does not pertain only to the inputs into
the merchandise exported to the United States, location of the production facility, or production
process employed.
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Nov. 26, 2010
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DOC-ITA-EC-AD/CVD-2
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Docu ment: Policy Bulletin 10.2
Topic: Freight Costs in Normal Value
Summary: This policy bulletin affirms the existing practice of the Department of Commerce (“the Department”) in non-market economy antidumping proceedings with regards to the inclusion of international freight costs in import statistics used as surrogate values in the calculation of antidumping margins.
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Nov. 1, 2010
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DOC-ITA-EC-AD/CVD-3
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Document: Policy Bulletin 10.1
Topic: Specificity of Subsidies to State-Owned Enterprises
Summary: This policy bulletin confirms the Department’s practice with respect to the specificity of subsidies granted to state-owned enterprises (SOEs). The Department’s policy is that SOEs will normally be considered to be a “group” of enterprises within the meaning of section 771(5A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.502. Accordingly, subsidies that are limited in law or in fact to SOEs will normally be considered specific if the criteria for specificity contained in section 771(5A) of the Act are satisfied.
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Nov. 8, 2010
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DOC-ITA-EC-AD/CVD-4
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Document: Policy Bulletin 05.1
Topic: Separate Rates and Combination Rates in Antidumping Investigations involving Non-Market Economy Countries
Summary: This policy bulletin describes the Department’s application process for separate rates status in non-market economy (“NME”) investigations and explains the Department’s policy of assigning specific exporter-producer “combination rates” to both mandatory respondents and non-investigated NME exporters that meet the Department’s criteria for separate rate status in investigations
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April 15, 2005
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DOC-ITA-EC-AD/CVD-5
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Document: Policy Bulletin 04.1
Topic: Non-Market Economy Surrogate Country Selection Process
Summary: This policy bulletin provides guidance regarding the Department’s selection of surrogate market economy countries in non-market economy (“NME”) cases.
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March 1, 2004
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DOC-ITA-EC-AD/CVD-6
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Document: Policy Bulletin 03.3
Topic: Application of the interest provisions in section 778(a) of the Tariff Act to entries made pursuant to a subsequently rescinded new shipper bonding privilege
Summary: This policy bulletin explains a clarification in practice regarding the application of the interest provisions of section 778(a) of the Tariff Act in the context of new shipper reviews: the Department is clarifying its practice to require that entries of merchandise subject to an AD/CVD order made while a new shipper review is conducted that are secured by a bond in lieu of a cash deposit be subject to the interest provisions of section 778(a) if and when the Department rescinds that new shipper review.
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August 26, 2003
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DOC-ITA-EC-AD/CVD-7
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Document: Policy Bulletin 03.2
Topic: Combination Rates in New Shipper Reviews
Summary: This policy bulletin explains a recent change in practice regarding new shipper reviews: limiting the bonding option and post-review cash deposit rate to subject merchandise produced and exported by the particular producer/exporter combination that qualified for the review, as opposed to all merchandise shipped by the exporter.
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March 4, 2003
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DOC-ITA-EC-AD/CVD-8
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Document: Policy Bulletin 03.1
Topic: Market or Non-Market Economy Country Designation
Summary: The Government of Bulgaria (“GOB”) requested that the Department of Commerce (“Department”) clarify Bulgaria’s market economy status under the U.S. antidumping duty law. Bulgaria has never been subject to a U.S. antidumping duty investigation and, therefore, has never been formally designated a non-market economy (“NME”) country. The GOB therefore seeks clarification of the basis (market or non-market) on which any future antidumping proceeding would proceed.
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Feb. 28, 2003
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DOC-ITA-EC-AD/CVD-9
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Document: Policy Bulletin Policy Statement Issuance of Ex-Parte Memoranda
Topic: Policy Statement Issuance of Ex-Parte Memoranda
Summary: The Department of Commerce has revised its policy regarding issuance of ex-parte memoranda. We are now announcing this change in policy.
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Feb. 13, 2003
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DOC-ITA-EC-AD/CVD-10
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Document: Policy Bulletin 00.1
Topic: Expediting Antidumping Duty Investigations
Summary: Conditions under which the Department may expedite an antidumping duty
investigation.
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June 8, 2000
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DOC-ITA-EC-AD/CVD-11
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Document: Policy Bulletin 98.4
Topic: Timing of Issuance of Critical Circumstances Determinations
Summary: The Department of Commerce has revised its policy regarding the timing of issuance of critical circumstances determinations. We are now announcing this change in policy. |
Oct. 7, 1998
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DOC-ITA-EC-AD/CVD-12
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Document: Policy Bulletin 98.3
Topic: Conduct of Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders
Summary: The Department of Commerce is proposing policies regarding the conduct of five-year (“sunset”) reviews of antidumping and countervailing duty orders and suspended investigations pursuant to the
provisions of sections 751(c) and 752 of the Tariff Act of 1930, as amended, and the Department’s regulations. The proposed policies are intended to complement the applicable statutory and regulatory provisions by providing guidance on methodological or analytical issues
not explicitly addressed by the statute and regulations.
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April 16, 1998
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DOC-ITA-EC-AD/CVD-13
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Document: Policy Bulletin 98.2
Topic: Imputed Credit Expenses and Interest Rates
Summary: The appropriate interest rate to use to impute credit expenses in cases where a respondent has no short-term borrowings in the currency of the transaction being examined.
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Feb. 23, 1998
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DOC-ITA-EC-AD/CVD-14
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Document: Policy Bulletin 98.1
Topic: Basis for Normal Value When Foreign Market Sales are Below Cost
Summary: When we disregard any below-cost foreign market sales, we will match U.S. sales to any
remaining foreign market sales in the ordinary course of trade of identical or similar models. In
cases where we conduct a cost investigation, we will use constructed value as the basis for
normal value only when there are no above-cost sales that are otherwise suitable for comparison
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Feb 23, 1998
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DOC-ITA-EC-AD/CVD-15
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Document: Policy Bulletin 97.1
Topic: Calculation of Profit for Constructed Export Price Transactions
Summary: Section 772(d)(3) of the statute requires the Department, in determining the constructed export price (CEP), to identify and deduct from the starting price in the U.S. market an amount for profit allocable to selling, distribution and further-manufacturing activities in the United States. Section 772(f) provides the rule for determining the amount of CEP profit to deduct from the CEP starting price. This paper describes, in general, how we will compute the total actual profit for CEP and how we will allocate that profit to the respondent’s U.S. activities.
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Sept 4, 1997
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DOC-ITA-EC-AD/CVD-16
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Document: Policy Bulletin 96.1
Topic: Enforcement and Compliance Exchange Rate Methodology
Summary: For the first time, the Uruguay Round Agreements Act (the “URAA”) provides explicit guidelines for the selection of exchange rates that Import Administration will use in converting foreign
currencies to U.S. dollars. Our past practice, specified in 19 CFR 353.60, has been to use the same exchange rates as the Customs Service.
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March 4, 1996
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DOC-ITA-EC-AD/CVD-17
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Document: Policy Bulletin 94.6
Topic: Treatment of Adjustments and Selling Expenses in Calculating the Cost of Production (“COP”) and Constructed Value (“CV”).
Summary : This bulletin describes the treatment of movement charges, discount
and rebates, indirect taxes, and selling expenses when calculating
COP and CV.
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March 25, 1994
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DOC-ITA-EC-AD/CVD-18
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Document: Policy Bulletin 94.5
Topic: Differences in Merchandise Calculations in Hyperinflationary Economies
Summary: For purposes of any antidumping proceeding involving hyperinflationary economies where production of the most similar domestic and export merchandise sold in the same month occurs in different months, costs used to calculate difmers in the currency of a hyperinflationary economy should be indexed. |
March 25, 1994
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DOC-ITA-EC-AD/CVD-19
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Document: Policy Bulletin 94.2
Topic: Treatment of Inventory Carrying Cost in Constructed Value
Summary: Inventory carrying costs should be reported and included in calculating constructed value for both exporter’s sales prices and purchase prices in cases where constructed value is used. An adjustment for U.S. and home market inventory carrying costs should be made to both USP and FMV, respectively, for exporter’s sales price sales. In purchase price sales, the adjustment is contingent on the respondent’s claim for a commission adjustment to USP. If there is a commission in the United States but not the home market, then home market indirect selling expenses — including inventory carrying costs — should be subtracted from FMV up to the amount of the U.S. commission. If there is not a U.S. commission but there is a commission in the home market, U.S. inventory carrying costs and other indirect selling expenses should be added to FMV (i.e., included in constructed value) up to the amount of the commission deducted from FMV. |
March 25, 1994
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DOC-ITA-EC-AD/CVD-20
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Document: Policy Bulletin 93.1
Topic: All Others Rate, Application
Summary: Ends the practice of updating the “all others” rate with each administrative review in favor of leaving the rate fixed at the all others rate found in the sales at less than fair value investigation.
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Sept. 1, 1993
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DOC-ITA-EC-AD/CVD-21
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Document: Policy Bulletin 92.4
Topic: The Use of Constructed Value in COP Cases
Summary: In determining FMV, if the Department finds that sales of a given model, otherwise suitable for comparison, are sold below the cost of production, and the remaining sales of that model are inadequate to determine FMV, the Department will use constructed value to determine FMV.
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Feb 15, 1992
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DOC-ITA-EC-AD/CVD-22
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Document: Policy Bulletin 92.2
Topic: Differences in Merchandise; 20% Rule
Summary: Sales of products in domestic or third country markets with variable manufacturing cost differences exceeding 20% of the total average cost of manufacture, on a model specific basis, of the product exported to
the United States will normally not be utilized in determining foreign market value. Any use of products with the cost of merchandise differences exceeding 20% shall be noted and fully explained.
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July 29, 1992
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DOC-ITA-EC-AD/CVD-23
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Document: Policy Bulletin 92.1
Topic: Matching at Levels of Trade
Summary: Whether, as a general rule, to match sales in the U.S. and home markets at comparable levels of trade (LOT), and, if a party contests matching at the reported LOT, how to determine if foreign market value (FMV), and ultimately the dumping margin, is affected by matching at LOT? |
Sept. 29, 1992
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DOC-ITA-EC-AD/CVD-24
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Document: Applicability Dates for TPEA Amendments: 80 Fed. Reg. 46793
Topic: Applicability Dates for TPEA Amendments: 80 Fed. Reg. 46793
Summary: This notice of determination establishes a date of application for each statutory revision pertaining to the Department of Commerce and provides notice thereof to all interested parties to AD and CVD proceedings and to the public.
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August 6, 2015
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DOC-ITA-EC-AD/CVD-25
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Document: How to File For A Scope Ruling
Topic: How to File For A Scope Ruling
Summary: Guide on how to file for an Antidumping/Countervailing Duty Scope Ruling Request
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N/A
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DOC-ITA-EC-AD/CVD-26
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Document: De Facto Criteria for Establishing a Separate Rate in Antidumping Proceedings Involving Non-Market Economy Countries: 78 Fed. Reg. 40430
Topic: De Facto Criteria for Establishing a Separate Rate in Antidumping Proceedings Involving Non-Market Economy Countries: 78 Fed. Reg. 40430
Summary: 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 determined that several of these comments warrant consideration on a case-by-case basis 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.
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July 5. 2013
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DOC-ITA-EC-AD/CVD-27
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Document: Methodological Change for Implementation of Section 772(c)(2)(B) of the Tariff Act of 1930, as Amended, In Certain Non-Market Economy Antidumping Proceedings, 77 Fed. Reg. 36481
Topic: Methodological Change for Implementation of Section 772(c)(2)(B) of the Tariff Act of 1930, as Amended, In Certain Non-Market Economy Antidumping Proceedings, 77 Fed. Reg. 36481
Summary: After consideration of public comments, the Department of Commerce will implement a methodological change to reduce export price or constructed export price in certain non-market economy antidumping proceedings by the amount of export VerDate Mar<15>2010 16:39 Jun 18, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\19JNN1.SGM 19JNN1 srobinson on DSK4SPTVN1PROD with NOTICES 36482 Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Notices tax, duty, or other charge, pursuant to section 772(c)(2)(B) of the Tariff Act of 1930, as amended.
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June 19, 2012
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DOC-ITA-EC-AD/CVD-28
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Document: Assessment of Antidumping Duties in NME Proceedings: 76 Fed. Reg. 65694
Topic: Assessment of Antidumping Duties in NME Proceedings: 76 Fed. Reg. 65694
Summary: The Department is refining its practice to instruct CBP to liquidate such entries at the non-market economy (‘‘NME’’)-wide rate.
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October 24, 2011
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DOC-ITA-EC-AD/CVD-29
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Document: Antidumping Methodologies in Proceedings Involving Non-Market Economies: Valuing the Factor of Production: Labor, 76 Fed. Reg. 36092
Topic: Antidumping Methodologies in Proceedings Involving Non-Market Economies: Valuing the Factor of Production: Labor, 76 Fed. Reg. 36092
Summary: This notice addresses the methodology used by the Department of Commerce to value the cost of labor in non-market economy (‘‘NME’’) countries. After reviewing all comments received on the Department’s interim, industry-specific wage calculation methodology that is currently applied in NME antidumping proceedings, the Department determined that the single surrogate country approach is best. In addition, the Department has decided to use International Labor Organization Yearbook Chapter 6A as its primary source of labor cost data in NME antidumping proceedings.
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June 11, 2011
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DOC-ITA-EC-AD/CVD-30
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Document: Petition Counseling: Overview of Trade Remedies
Topic: Petition Counseling: Overview of Trade Remedies
Summary: Provides definitions of trade remedy terms used in Antidumping and Countervailing Duty Proceedings.
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September 22, 2015
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DOC-ITA-EC-AD/CVD-31
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Document: Petition Counseling: Overview of Trade Remedies: Frequently Asked Questions
Topic: Petition Counseling: Overview of Trade Remedies: Frequently Asked Questions
Summary: Provides frequently asked questions regarding trade remedy terms used in Antidumping and Countervailing Duty Proceedings.
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September 29, 2015
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DOC-ITA-EC-AD/CVD-32
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Document: Steel Import Licensing System Frequently Asked Questions
Topic: Steel Import Licensing System
Summary: Provides frequently asked questions regarding the Steel Import Licensing System.
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November 13, 2013
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DOC-ITA-EC-AD/CVD-33
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Document: The Administrative Protective Order Handbook
Topic: The Administrative Protective Order Handbook
Summary: This handbook is intended to assist authorized representatives in protecting business proprietary information submitted in the Department’s antidumping duty (“AD”) and countervailing duty (“CVD”) proceedings. The handbook summarizes the requirements contained in the Department’s regulations (19 C.F.R. § 351.103 and 351.305-.306), and suggests procedures firms can employ internally to protect business proprietary information they receive under an administrative protective order (“APO”) in the course of a proceeding.
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March 2015
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DOC-ITA-EC-AD/CVD-34
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Document: Enforcement & Compliance Document Filing Instructions
Topic: Document Filing Instructions
Summary: Contains the procedural rules regarding filing, document identification, format, service, translation, and certification of documents and applies to all persons submitting documents to the Department for consideration in an antidumping or countervailing duty proceeding.
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September 22, 2015
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DOC-ITA-EC-AD/CVD-35
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Document: FAQs Related to the Certification of Factual Information
Topic: Certification of Factual Information
Summary: Frequently asked questions relating to this regulation, which was amended in a Final Rule issued on July 17, 2013. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Certification Final Rule).
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July 17, 2013
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DOC-ITA-EC-AD/CVD-36
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Document: ACCESS Handbook
Topic: ACCESS Handbook
Summary: Handbook on Electronic Filing Procedures Enforcement and Compliance International Trade Administration U.S. Department of Commerce
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June 30, 2019
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DOC-ITA-EC-AD/CVD-37
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Document: Announcement Concerning Issuance of Liquidation Instructions Reflecting Results of Administrative Reviews
Topic: Issuance of Liquidation Instructions Reflecting Results of Administrative Reviews
Summary: The Department of Commerce hereby updates its announcement concerning the issuance of liquidation instructions to U.S. Customs and Border Protection 15 days after the date of publication of the final results of administrative reviews conducted under section 751 of the Tariff Act of 1930, as amended (1). The following sets forth the reasoning, confirmed by Commerce’s eight years of experience with this policy, behind why we believe the policy, including the 2006 revisions,is both reasonable and workable.
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November, 2010
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