81 FR 39873 - Correction to Applicability Date for Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 118 (June 20, 2016)

The Department of Commerce (the Department) proposes to modify the applicability date contained in the final rule published in the Federal Register on March 24, 2016, Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings, 81 FR 15641, and is seeking comments from parties. The original applicability date language did not convey the Department's intention, i.e., to apply the newly amended regulation to all segments of proceedings initiated on or after the effective date contained in the Federal Register notice. This action is necessary to ensure that there is no ambiguity in the application of the modified regulations.

[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Proposed Rules]
[Pages 39873-39874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14427]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / 
Proposed Rules

[[Page 39873]]



DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 140929814-4814-01]
RIN 0625-AB02


Correction to Applicability Date for Modification of Regulations 
Regarding Price Adjustments in Antidumping Duty Proceedings

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Proposed rule.

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SUMMARY: The Department of Commerce (the Department) proposes to modify 
the applicability date contained in the final rule published in the 
Federal Register on March 24, 2016, Modification of Regulations 
Regarding Price Adjustments in Antidumping Duty Proceedings, 81 FR 
15641, and is seeking comments from parties. The original applicability 
date language did not convey the Department's intention, i.e., to apply 
the newly amended regulation to all segments of proceedings initiated 
on or after the effective date contained in the Federal Register 
notice. This action is necessary to ensure that there is no ambiguity 
in the application of the modified regulations.

DATES: To be assured of consideration, written comments must be 
received no later than July 5, 2016.

ADDRESSES: All comments must be submitted through the Federal 
eRulemaking Portal at http://www.regulations.gov, Docket No. ITA-2016-
003, unless the commenter does not have access to the internet. 
Commenters that do not have access to the internet may submit the 
original and one electronic copy on CD-ROM of each set of comments by 
mail or hand delivery/courier. All comments should be addressed to Paul 
Piquado, Assistant Secretary for Enforcement & Compliance, Room 18022, 
Department of Commerce, 14th Street and Constitution Ave. NW., 
Washington, DC 20230. Comments submitted directly to the Department 
will be uploaded to the eRulemaking Portal at www.Regulations.gov.
    The Department will consider all comments received before the close 
of the comment period. All comments responding to this notice will be a 
matter of public record and will be available on the Federal 
eRulemaking Portal at www.Regulations.gov. The Department will not 
accept comments accompanied by a request that part or all of the 
material be treated confidentially because of its business proprietary 
nature or for any other reason.
    Any questions concerning file formatting, document conversion, 
access on the Internet, or other electronic filing issues should be 
addressed to Moustapha Sylla, Enforcement and Compliance Webmaster, at 
(202) 482-4685, email address: [email protected].

FOR FURTHER INFORMATION CONTACT: Jessica Link at (202) 482-1411.

SUPPLEMENTARY INFORMATION: On March 24, 2016, the Department published 
a final rule in the Federal Register modifying 19 CFR 351.102(b)(38) 
and 19 CFR 351.401(c). Modification of Regulations Regarding Price 
Adjustments in Antidumping Duty Proceedings, 81 FR 15641 (March 24, 
2016) (Final Rule). The Dates section of the Final Rule states: 
``Effective date: April 25, 2016. Applicability date: This rule will 
apply to all proceedings initiated on or after April 25, 2016.''
    The applicability date does not convey the Department's intention, 
i.e., to apply the newly amended regulations to all segments of 
proceedings initiated on or after the effective date of the Final Rule. 
Although ``proceedings'' can be interpreted generally to include any 
segment of an administrative case before Enforcement and Compliance 
that is initiated on or after the effective date, ``proceeding'' and 
``segment of proceeding'' are defined separately in 19 CFR 
351.102(b)(40) and 19 CFR 351.102(b)(47), respectively. To avoid any 
ambiguity and to clarify the Department's intent, the applicability 
date is being modified such that the Final Rule will apply to segments 
of proceedings initiated on or after 30 days following the publication 
date of the final rule that results from this rulemaking. As the prior 
applicability date was not included in the modified regulations, 19 CFR 
351.102(b)(38) and 19 CFR 351.401(c), the Department is not proposing 
to amend its regulations. The only change to the Final Rule being 
addressed in this proposed rule and request for comment is a change to 
the applicability date of the Final Rule. In addition, because the 
Department is merely clarifying its intent with respect to the 
applicability date of the Final Rule, and is not altering the substance 
of the Final Rule in any way, we are providing parties with 15 days to 
comment on this proposed rule.
    Although one commenter commented on the effective date of the Final 
Rule, that comment related to which entries would be subject to the 
Final Rule. We disagreed with the commenter that it would be unfair to 
apply the rule to entries made prior to the effective date of the Final 
Rule. 81 FR at 15645. We addressed the entry comment but inadvertently 
failed to ensure that the applicability date read ``segments of 
proceedings'' rather than ``proceedings'' in the Final Rule.

Classification

Executive Order 12866

    It has been determined that this proposed rule is not significant 
for purposes of Executive Order 12866.

Paperwork Reduction Act

    This proposed rule contains no new collection of information 
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

Executive Order 13132

    This proposed rule does not contain policies with federalism 
implications as that term is defined in section 1(a) of Executive Order 
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).

Regulatory Flexibility Act

    The Chief Counsel for Regulation has certified to the Chief Counsel 
for Advocacy of the Small Business Administration under the provisions 
of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this proposed 
rule would not have a significant economic impact on a substantial 
number of small business entities. This proposed rule

[[Page 39874]]

merely corrects the applicability date of the Final Rule, Modification 
of Regulations Regarding Price Adjustments in Antidumping Duty 
Proceedings, 81 FR 15641 (March 24, 2016), which entailed a substantive 
change in the Department's regulations, and for which it was determined 
that there would be no significant economic impact on a substantial 
number of small entities. As a result, this proposed correction of the 
applicability date of the Final Rule similarly would not have a 
significant economic impact on a substantial number of small entities. 
For this reason, an Initial Regulatory Flexibility Analysis is not 
required and one has not been prepared.

    Dated: June 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-14427 Filed 6-17-16; 8:45 am]
 BILLING CODE 3510-DS-P