19 C.F.R. § 351.221

Review procedures

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(a) Introduction. The procedures for reviews are similar to those followed in investigations. This section details the procedures applicable to reviews in general, as well as procedures that are unique to certain types of reviews.

(b) In general. After receipt of a timely request for a review, or on the Secretary's own initiative when appropriate, the Secretary will:

(1) Promptly publish in the Federal Register notice of initiation of the review;

(2) Before or after publication of notice of initiation of the review, send to appropriate interested parties or other persons (or, if appropriate, a sample of interested parties or other persons) questionnaires requesting factual information for the review;

(3) Conduct, if appropriate, a verification under § 351.307;

(4) Issue preliminary results of review, based on the available information, and publish in the Federal Register notice of the preliminary results of review that include:

(i) The rates determined, if the review involved the determination of rates; and

(ii) An invitation for argument consistent with § 351.309;

(5) Issue final results of review and publish in the Federal Register notice of the final results of review that include the rates determined, if the review involved the determination of rates;

(6) If the type of review in question involves a determination as to the amount of duties to be assessed, promptly after publication of the notice of final results instruct U.S. Customs and Border Protection to assess antidumping duties or countervailing duties (whichever is applicable) on the subject merchandise covered by the review, except as otherwise provided in § 351.106(c) with respect to de minimis duties; and

(7) If the review involves a revision to the cash deposit rates for estimated antidumping duties or countervailing duties, instruct U.S. Customs and Border Protection to collect cash deposits at the revised rates on future entries.

(c) Special rules—(1) Administrative reviews and new shipper reviews. In an administrative review under section 751(a)(1) of the Act and § 351.213 and a new shipper review under section 751(a)(2)(B) of the Act and § 351.214 the Secretary:

(i) Will publish the notice of initiation of the review no later than the last day of the month following the anniversary month or the semiannual anniversary month (as the case may be); and

(ii) Normally will send questionnaires no later than 30 days after the date of publication of the notice of initiation.

(2) Expedited antidumping review. In an expedited antidumping review under section 736(c) of the Act and § 351.215, the Secretary:

(i) Will include in the notice of initiation of the review an invitation for argument consistent with § 351.309, and a statement that the Secretary is permitting the posting of a bond or other security instead of a cash deposit of estimated antidumping duties;

(ii) Will instruct U.S. Customs and Border Protection to accept, instead of the cash deposit of estimated antidumping duties under section 736(a)(3) of the Act, a bond for each entry of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the investigation and through the date not later than 90 days after the date of publication of the order; and

(iii) Will not issue preliminary results of review.

(3) Changed circumstances review. In a changed circumstances review under section 751(b) of the Act and § 351.216, the Secretary:

(i) Will include in the preliminary results of review and the final results of review a description of any action the Secretary proposed based on the preliminary or final results;

(ii) May combine the notice of initiation of the review and the preliminary results of review in a single notice if the Secretary concludes that expedited action is warranted; and

(iii) May refrain from issuing questionnaires under paragraph (b)(2) of this section.

(4) Article 8 Violation review and Article 4/Article 7 review. In an Article 8 Violation review or an Article 4/Article 7 review under section 751(g) of the Act and § 351.217, the Secretary:

(i) Will include in the notice of initiation of the review an invitation for argument consistent with § 351.309 and will notify all parties to the proceeding at the time the Secretary initiates the review;

(ii) Will not issue preliminary results of review; and

(iii) In the final results of review will indicate the amount, if any, by which the estimated duty to be deposited should be adjusted, and, in an Article 4/Article 7 review, any action, including revocation, that the Secretary will take based on the final results.

(5) Sunset review. In a sunset review under section 751(c) of the Act and § 351.218:

(i) The notice of initiation of a sunset review will contain a request for the information described in § 351.218(d); and

(ii) The Secretary, without issuing preliminary results of review, may issue final results of review under paragraphs (3) or (4) of subsection 751(c) of the Act if the conditions of those paragraphs are satisfied.

(6) Section 753 review. In a section 753 review under section 753 of the Act and § 351.219, the Secretary:

(i) Will include in the notice of initiation of the review an invitation for argument consistent with § 351.309, and will notify all parties to the proceeding at the time the Secretary initiates the review; and

(ii) May decline to issue preliminary results of review.

(7) Countervailing duty review at the direction of the President. In a countervailing duty review at the direction of the President under section 762 of the Act and § 351.220, the Secretary will:

(i) Include in the notice of initiation of the review a description of the merchandise, the period under review, and a summary of the available information which, if accurate, would support the imposition of countervailing duties;

(ii) Notify the Commission of the initiation of the review and the preliminary results of review;

(iii) Include in the preliminary results of review the countervailable subsidy, if any, during the period of review and a description of official changes in the subsidy programs made by the government of the affected country that affect the estimated countervailable subsidy; and

(iv) Include in the final results of review the countervailable subsidy, if any, during the period of review and a description of official changes in the subsidy programs, made by the government of the affected country not later than the date of publication of the notice of preliminary results, that affect the estimated countervailable subsidy.

[62 FR 27379, May 19, 1997, as amended at 63 FR 13525, Mar. 20, 1998]

Notes of Decisions

Cited in 35 cases (3 in the last 5 years), 1999–2025 · leading case: NMB Singapore Ltd. v. United States, 557 F.3d 1316 (Fed. Cir. 2009).

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NMB Singapore Ltd. v. United States, 557 F.3d 1316 (Fed. Cir. 2009). · cites it 2× “Commerce's regulations generally require Commerce to issue preliminary and final results when reviewing anti-dumping orders, 19 C.F.R. § 351.221 (b)(4)-(5), although in certain circumstances, Commerce may issue only final results when conducting a sunset review, 19 C.”

Goodluck India Ltd. v. United States, 2023 CIT 164 (Ct. Intl. Trade 2023). · cites it 4× “Following the final determination of duties published in the Federal Register, 19 C.F.R. § 351.221 (b)(5), Commerce subsequently transmits liquidation instructions to Customs.”

Norsk Hydro Canada, Inc. v. United States, & U.S. Magnesium LLC, 472 F.3d 1347 (Fed. Cir. 2006). “See 19 C.F.R. §§ 351.221 , 351.301, 351.309. In this respect, during its annual review, Commerce typically restricts its consideration to entries made during the one year period of review (or “POR”).”

Blue Field (Sichuan) Food Indus. Co., Ltd. v. United States, 2013 CIT 142 (Ct. Intl. Trade 2013). · cites it 2× “See 19 C.F.R. § 351.221 (2013). Commerce then selects surrogates from among data meeting certain statutory requirements: To the extent possible, surrogate values must (1) come from a market economy country that is (2) a significant producer of the subject good and (3)…”

Seah Steel Vina Corp. v. United States, 182 F. Supp. 3d 1316 (Ct. Intl. Trade 2016). · cites it 2× “19 C.F.R. § 351.221 (b)(2). Commerce may subsequently issue supplemental questionnaires requesting additional information.”

Ad Hoc Shrimp Trade Action Comm. v. United States, 802 F.3d 1339 (Fed. Cir. 2015). “See 19 C.F.R. §§ 351.221 , 351.301(c)(1) (2009).”

Hutchison Quality Furniture, Inc. v. United States, 827 F.3d 1355 (Fed. Cir. 2016). “19 C.F.R. § 351.221 (b)(6) (2015); see also 19 C.”

Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020). “19 C.F.R. § 351.221 (b)(2). The questionnaires give precise instructions on what information Com- merce wants, in what form it must be reported, and when it is due.”

Gerber Food (Yunnan) Co., Ltd. v. United States, 387 F. Supp. 2d 1270 (Ct. Intl. Trade 2005). “211 (b)(2) (requiring cash deposits of estimated antidumping duties at rates Commerce determined in the final antidumping determination, once an anti-dumping order is in effect); see also 19 C.F.R. § 351.221 (b)(7) (establishing new cash deposit requirement during an…”

BMW of North Am. LLC v. United States, 208 F. Supp. 3d 1388 (Ct. Intl. Trade 2017). · cites it 2× “213 (outlining rules for review requests and conduct during reviews); 19 C.F.R. § 351.221 (discussing administrative review procedures).”

Lifestyle Enter., Inc. v. United States, 768 F. Supp. 2d 1286 (Ct. Intl. Trade 2011). “5 , 6 See 19 C.F.R. § 351.221 (c)(l)(i) *1296 (emphasis added).”

Huaiyin Foreign Trade Corp. v. United States, 322 F.3d 1369 (Fed. Cir. 2003). “Initiation of Antidumping and Countervailing Duty Administrative Review, Requests for Revocation in Part and Deferral of Administrative Reviews, 63 Fed.Reg.”

Show all 35 citing cases →

— 19 C.F.R. § 351.221(c)(1)(i) — 1 case

— 19 C.F.R. § 351.221(c)(l)(i) — 1 case

Fuyao Glass Indus. Grp. Co. v. United States, 2003 CIT 98 (Ct. Intl. Trade 2003).

— 19 C.F.R. § 351.221(e)(l)(i) — 1 case

Huaiyin Foreign Trade Corp. (30) v. United States, 322 F.3d 1369 (Fed. Cir. 2003).

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