ITA Allows Interim Flexibility for Foreign Gov't AD/CV Certifications
The International Trade Administration has issued a supplemental interim final rule, effective September 2, 2011, to provide certain flexibility for foreign government certifications of factual information submitted to ITA during antidumping and countervailing duty proceedings. It supplements a February interim final rule on such certifications by any person or his/her representative during AD/CV proceedings.
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For Now, Foreign Govts Can Use Pre-Feb 2011 Format or Supplemental Interim Rule’s Format
The supplemental interim final rule allows foreign governments to temporarily submit certifications in either the format that was in use prior to the effective date of the February 2011 interim final rule or in the format provided by the current interim final rule when certifying factual information submitted to the ITA during AD/CV proceedings. This supplemental interim final rule will remain in effect until a final rule on certification is published, which ITA states should be within a year.
All other aspects of the February 2011 interim final rule remain in effect and fully apply to all parties and their counsel. For example, companies should continue to use the company certification provided for in the February 2011 interim final rule.
(See notice for applicability dates, details of the supplemental interim final rule's certification format, etc.)
ITA contact - Rebecca Cantu (202) 482-4618
(FR Pub 09/02/11, D/N 0612243022--1484--02)