C.F.R. » Title 19 » CHAPTER II—UNITED STATES INTERNATIONAL TRADE COMMISSION › SUBCHAPTER B—NONADJUDICATIVE INVESTIGATIONS › PART 207—INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM SUBSIDIZED EXPORTS TO THE UNITED STATES › Subpart C—Final Determinations, Short Life Cycle Products

19 C.F.R. § 207.21

Final phase notice of scheduling

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(a) Notice from the administering authority of an affirmative preliminary determination under section 703(b) or section 733(b) of the Act and notice from the administering authority of an affirmative final determination under section 705(a) or section 735(a) of the Act shall be deemed to occur on the date on which the transmittal letter of such determination is received by the Secretary from the administering authority or the date on which notice of such determination is published in the Federal Register, whichever shall first occur.

(b) Upon receipt of notice from the administering authority of an affirmative preliminary determination under section 703(b) or section 733(b) of the Act or, if the administering authority's preliminary determination is negative, notice of an affirmative final determination under section 705(a) or section 735(a) of the Act, the Commission shall publish in the Federal Register a Final Phase Notice of Scheduling.

(c) If the administering authority's preliminary determination is negative, the Director shall continue such investigative activities as the Director deems appropriate pending a final determination by the administering authority under section 705(a) or section 735(a) of the Act.

(d) Upon receipt by the Commission of notice from the administering authority of its final negative determination under section 705(a) or section 735(a) of the Act, the corresponding Commission investigation shall be terminated.

[61 FR 37832, July 22, 1996]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2000–2025 · leading case: Allegheny Ludlum Corp. v. United States, 116 F. Supp. 2d 1276 (Ct. Intl. Trade 2000).
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Allegheny Ludlum Corp. v. United States, 116 F. Supp. 2d 1276 (Ct. Intl. Trade 2000). “Although this regulation was subsequently amended to delete the language concerning submission of the final staff report "after the Commission's final determination,” the history of this amendment shows that it was not meant to provide parties with a right to review or comment…”
Pay Less Here, LLC v. United States, 2025 CIT 50 (Ct. Intl. Trade 2025). “19 C.F.R. § 207.21 . Court No. 24-00152 Page 6 In June 2024, the Commission issued its final affirmative determinations of material injury.”
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