19 C.F.R. § 207.20

Investigative activity following preliminary determination

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(a) If the Commission's preliminary determination is affirmative, the Director shall continue investigative activities pending notice by the administering authority of its preliminary determination under section 703(b) or section 733(b) of the Act.

(b) The Director shall circulate draft questionnaires for the final phase of an investigation to parties to the investigation for comment. Any party desiring to comment on draft questionnaires shall submit such comments in writing to the Commission within a time specified by the Director. All requests for collecting new information shall be presented at this time. The Commission will disregard subsequent requests for collection of new information absent a showing that there is a compelling need for the information and that the information could not have been requested in the comments on the draft questionnaires.

[61 FR 37832, July 22, 1996, as amended at 79 FR 35925, June 25, 2014]
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2002–2023 · leading case: Hitachi Metals, Ltd. v. United States, 949 F.3d 710 (Fed. Cir. 2020).
Hitachi Metals, Ltd. v. United States, 949 F.3d 710 (Fed. Cir. 2020). · cites it 2× “See 19 CFR § 207.20 (b). Before issuing the questionnaires, the Commission circulated drafts to the parties for comment.”
Full Member Subgroup of the Am. Inst. v. United States, 81 F.4th 1242 (Fed. Cir. 2023). · cites it 2× “19 C.F.R. § 207.20 (b). Case: 22-1176 Document: 90 Page: 22 Filed: 09/07/2023 22 FULL MEMBER SUBGROUP OF THE AMERICAN INSTITUTE v.”
Elkem Metals Co. v. United States, 193 F. Supp. 2d 1314 (Ct. Intl. Trade 2002). “See 19 C.F.R. § 207.20 (b) (“Upon receipt of notice from the administrating authority of an affirmative preliminary determination [or] notice of an affirmative final determination .”
Hitachi Metals, Ltd. v. United States, 350 F. Supp. 3d 1325 (Ct. Intl. Trade 2018). “" 19 C.F.R. § 207.20 (b). When parties seek additional information regarding a proposed "like product breakout that is different from the way in which the like product was defined in the Commission's preliminary determination," they must make a "reasonable showing" under the…”
Elkem Metals Co. v. United States, 276 F. Supp. 2d 1296 (Ct. Intl. Trade 2003). “(citing 19 C.F.R. §§ 207.20 (b), 207.22, 207.23(a), 207.”
Nitrogen Solutions Fair Trade Comm. v. United States, 358 F. Supp. 2d 1314 (Ct. Intl. Trade 2005). “, 19 C.F.R. § 207.20 (b) (requiring comments on draft final questionnaire to be submitted in writing).”
Full Member Subgroup of the Am. Inst. v. United States (Fed. Cir. 2023). · cites it 2× “19 C.F.R. § 207.20 (b). Case: 22-1176 Document: 90 Page: 22 Filed: 09/07/2023 22 FULL MEMBER SUBGROUP OF THE AMERICAN INSTITUTE v.”
Autoliv ASP, Inc. v. United States, 2019 CIT 154 (Ct. Intl. Trade 2019). “As the Commission noted, 19 C.F.R. § 207.20 (b) requires any and all “requests for collecting new information” to be made by “parties to the investigation” in their respective comments on the Commission’s draft questionnaires.”
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