Commerce Proposes Filing Deadlines for Respondent Selection Sampling Requests in AD Reviews
The Commerce Department is proposing to amend its regulations on filing deadlines in antidumping duty administrative reviews to implement its new sampling option for respondent selection. In a Nov. 4 policy statement, Commerce said it would pick respondents to AD duty administrative reviews through a sampling method if requested by interested parties (see 13110119). The new method will improve the chances of smaller exporters of being reviewed, the agency said. If Commerce doesn’t get a request to conduct sampling, it will follow its current method of selecting the largest exporters. Commerce’s Nov. 19 proposed rule would set a seven-day filing deadline for sampling requests. Comments are due by Dec. 31.
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Under the proposed changes to Commerce filing deadlines under 19 CFR 351.301, requests for sampling will be due within seven days following the release of CBP data, which happens at a very early stage of administrative reviews. Requests will have to include “factual information and comment upon whether the factual information presented provides a reasonable basis to believe or suspect that the average export prices and/or dumping margins for the largest exporters differ from such information that would be associated with the remaining exporters subject to the review.” Interested parties would then have 10 days to comment on the sampling request, and then five days to file a rebuttal.
In its Nov. 4 policy statement, Commerce said it would then conduct its sampling and select respondents after the 90-day period for withdrawal of requests for administrative review ends.
(Federal Register 11/19/13)