The regulations contained in this part 351 apply to all administrative reviews initiated on the basis of requests made on or after the first day of July, 1997, to all investigations and other segments of proceedings initiated on the basis of petitions filed or requests made after June 18, 1997 and to segments of proceedings self-initiated by the Department after June 18, 1997. Segments of proceedings to which part 351 do not apply will continue to be governed by the regulations in effect on the date the petitions were filed or requests were made for those segments, to the extent that those regulations were not invalidated by the URAA or replaced by the interim final regulations published on May 11, 1995 (60 FR 25130 (1995)). For segments of proceedings initiated on the basis of petitions filed or requests made after January 1, 1995, but before part 351 applies, part 351 will serve as a restatement of the Department's interpretation of the requirements of the Act as amended by the URAA.
Notes of Decisions
San Vicente Camalu Spr De Ri v. United States, 491 F. Supp. 2d 1186 (Ct. Intl. Trade 2007).
· cites it 15× “The Applicable Regulations At the heart of the parties’ dispute over the applicability of the 1996 regulations versus the regulations as amended in 1997 is 19 C.F.R. § 351.701 , which is captioned “Applicability Dates.”
Allied Tube & Conduit Corp. v. United States, 127 F. Supp. 2d 207 (Ct. Intl. Trade 2000).
· cites it 2× “at 7330; 19 C.F.R. § 351.701 (1998). Commerce justified both its evolved practice and its proposed regulation on the basis of administrative efficiency and commercial practicality.”
Timken Co. v. United States, 201 F. Supp. 2d 1316 (Ct. Intl. Trade 2002).
“Nevertheless, "[f]or segments of proceedings initiated on the basis of petitions filed or requests made after January 1, 1995, but before part 351 applies, part 351 .”
Taiwan Semiconductor Mfg. Co. v. United States, 143 F. Supp. 2d 958 (Ct. Intl. Trade 2001).
“” 19 C.F.R. § 351.701 (1998). Although the regulation is not directly applicable to the instant investigation and this Court will not strictly construe its language and terms, it does "provide guidance.”
Taiwan Semiconductor Mfg. Co. v. United States, 100 F. Supp. 2d 1109 (Ct. Intl. Trade 2000).
“” 19 C.F.R. § 351.701 (1998). For proceedings "initiated on the basis of petitions filed or requests made after January 1, 1995, but before part 351 applies [June 18, 1997], part 351 will serve as a restatement of the Department's interpretation of the requirements of the Act as…”
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