[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.102]
 
[Page 193-196]
 
 CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 351_ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
  Subpart A_Scope and Definitions
 
Sec. 351.102 Definitions.
 
 (a) Introduction. The Act contains many technical terms applicable 
to antidumping and countervailing duty proceedings. In the case of terms 
that are not defined in this section or other sections of this part, 
readers should refer to the relevant provisions of the Act. This 
section:
 (1) Defines terms that appear in the Act but are not defined in the 
Act;
 (2) Defines terms that appear in this Part but do not appear in the 
Act; and
 (3) Elaborates on the meaning of certain terms that are defined in 
the Act.
 (b) Definitions.
 Act. ``Act'' means the Tariff Act of 1930, as amended.
 Administrative review. ``Administrative review'' means a review 
under section 751(a)(1) of the Act.
 Affiliated persons; affiliated parties. ``Affiliated persons'' and 
``affiliated parties'' have the same meaning as in section 771(33) of 
the Act. In determining whether control over another person exists, 
within the meaning of section 771(33) of the Act, the Secretary will 
consider the following factors, among others: corporate or family 
groupings; franchise or joint venture agreements; debt financing; and 
close supplier relationships. The Secretary will not find that control 
exists on the basis of these factors unless the relationship has the 
potential to impact decisions concerning the production, pricing, or 
cost of the subject merchandise or foreign like product. The Secretary 
will consider the temporal aspect of a relationship in determining 
whether control exists; normally, temporary circumstances will not 
suffice as evidence of control.
 Aggregate basis. ``Aggregate basis'' means the calculation of a 
country-wide subsidy rate based principally on information provided by 
the foreign government.
 Anniversary month. ``Anniversary month'' means the calendar month in 
which the anniversary of the date of publication of an order or 
suspension of investigation occurs.
 APO. ``APO'' means an administrative protective order described in 
section 777(c)(1) of the Act.
 Applicant. ``Applicant'' means a representative of an interested 
party that has applied for access to business proprietary information 
under an administrative protective order.
 Article 4/Article 7 Review. ``Article 4/Article 7 review'' means a 
review under section 751(g)(2) of the Act.
 Article 8 violation review. ``Article 8 violation review'' means a 
review under section 751(g)(1) of the Act.
 Authorized applicant. ``Authorized applicant'' means an applicant 
that the Secretary has authorized to receive business proprietary 
information under an APO under section 777(c)(1) of the Act.
 Changed circumstances review. ``Changed circumstances review'' means 
a review under section 751(b) of the Act.
 Consumed in the production process. Inputs ``consumed in the 
production process'' are inputs physically incorporated, energy, fuels 
and oil used in the production process and catalysts which are consumed 
in the course of their use to obtain the product.
 Cumulative indirect tax. ``Cumulative indirect tax'' means a multi-
staged tax levied where there is no mechanism for subsequent crediting 
of the tax if the goods or services subject to tax at one stage of 
production are used in a succeeding stage of production.
 Customs Service. ``Customs Service'' means the United States Customs 
Service of the United States Department of the Treasury.
 Department. ``Department'' means the United States Department of 
Commerce.
 Direct tax. ``Direct tax'' means a tax on wages, profits, interests, 
rents, royalties, and all other forms of income, a tax on the ownership 
of real property, or a social welfare charge.
 Domestic interested party. ``Domestic interested party'' means an 
interested party described in subparagraph (C), (D), (E), (F), or (G) of 
section 771(9) of the Act.
 
[[Page 194]]
 
 Expedited antidumping review. ``Expedited antidumping review'' means 
a review under section 736(c) of the Act.
 Expedited sunset review. ``Expedited sunset review'' means an 
expedited sunset review conducted by the Department where respondent 
interested parties provide inadequate responses to a notice of 
initiation under section 751(c)(3)(B) of the Act and Sec. 
351.218(e)(1)(ii).
 Export insurance. ``Export insurance'' includes, but is not limited 
to, insurance against increases in the cost of exported products, 
nonpayment by the customer, inflation, or exchange rate risks.
 Factual information. ``Factual information'' means:
 (1) Initial and supplemental questionnaire responses;
 (2) Data or statements of fact in support of allegations;
 (3) Other data or statements of facts; and
 (4) Documentary evidence.
 Fair value. ``Fair value'' is a term used during an antidumping 
investigation, and is an estimate of normal value.
 Firm. For purposes of subpart E (Identification and Measurement of 
Countervailable Subsidies), ``firm'' is used to refer to the recipient 
of an alleged countervailable subsidy, including any individual, 
company, partnership, corporation, joint venture, association, 
organization, or other entity.
 Full sunset review. ``Full sunset review'' means a full sunset 
review conducted by the Department under section 751(c)(5) of the Act 
where both domestic interested parties and respondent interested parties 
provide adequate response to a notice of initiation under section 
751(c)(3)(B) of the Act and Sec. Sec. 351.218(e)(1)(i) and 
351.218(e)(1)(ii).
 Government-provided. ``Government-provided'' is a shorthand 
expression for an act or practice that is alleged to be a 
countervailable subsidy. The use of the term ``government-provided'' is 
not intended to preclude the possibility that a government may provide a 
countervailable subsidy indirectly in a manner described in section 
771(5)(B)(iii) of the Act (indirect financial contribution).
 Import charge. ``Import charge'' means a tariff, duty, or other 
fiscal charge that is levied on imports, other than an indirect tax.
 Importer. ``Importer'' means the person by whom, or for whose 
account, subject merchandise is imported.
 Indirect tax. ``Indirect tax'' means a sales, excise, turnover,
value added, franchise, stamp, transfer, inventory, or equipment tax, a
border tax, or any other tax other than a direct tax or an import
charge.
 Investigation. Under the Act and this Part, there is a distinction 
between an antidumping or countervailing duty investigation and a 
proceeding. An ``investigation'' is that segment of a proceeding that 
begins on the date of publication of notice of initiation of 
investigation and ends on the date of publication of the earliest of:
 (1) Notice of termination of investigation,
 (2) Notice of rescission of investigation,
 (3) Notice of a negative determination that has the effect of 
terminating the proceeding, or
 (4) An order.
 Loan. ``Loan'' means a loan or other form of debt financing, such as 
a bond.
 Long-term loan. ``Long-term loan'' means a loan, the terms of 
repayment for which are greater than one year.
 New shipper review. ``New shipper review'' means a review under 
section 751(a)(2) of the Act.
 Order. An ``order'' is an order issued by the Secretary under 
section 303, section 706, or section 736 of the Act or a finding under 
the Antidumping Act, 1921.
 Ordinary course of trade. ``Ordinary course of trade'' has the same 
meaning as in section 771(15) of the Act. The Secretary may consider 
sales or transactions to be outside the ordinary course of trade if the 
Secretary determines, based on an evaluation of all of the circumstances 
particular to the sales in question, that such sales or transactions 
have characteristics that are extraordinary for the market in question. 
Examples of sales that the Secretary might consider as being outside the 
ordinary course of trade are sales or transactions involving off-quality 
merchandise or merchandise
 
[[Page 195]]
 
produced according to unusual product specifications, merchandise sold 
at aberrational prices or with abnormally high profits, merchandise sold 
pursuant to unusual terms of sale, or merchandise sold to an affiliated 
party at a non-arm's length price.
 Party to the proceeding. ``Party to the proceeding'' means any 
interested party that actively participates, through written submissions 
of factual information or written argument, in a segment of a 
proceeding. Participation in a prior segment of a proceeding will not 
confer on any interested party ``party to the proceeding'' status in a 
subsequent segment.
 Person. ``Person'' includes any interested party as well as any 
other individual, enterprise, or entity, as appropriate.
 Price adjustment. ``Price adjustment'' means any change in the price 
charged for subject merchandise or the foreign like product, such as 
discounts, rebates and post-sale price adjustments, that are reflected 
in the purchaser's net outlay.
 Prior-stage indirect tax. ``Prior-stage indirect tax'' means an 
indirect tax levied on goods or services used directly or indirectly in 
making a product.
 Proceeding. A ``proceeding'' begins on the date of the filing of a 
petition under section 702(b) or section 732(b) of the Act or the 
publication of a notice of initiation in a self-initiated investigation 
under section 702(a) or section 732(a) of the Act, and ends on the date 
of publication of the earliest notice of:
 (1) Dismissal of petition,
 (2) Rescission of initiation,
 (3) Termination of investigation,
 (4) A negative determination that has the effect of terminating the 
proceeding,
 (5) Revocation of an order, or
 (6) Termination of a suspended investigation.
 Rates. ``Rates'' means the individual weighted-average dumping 
margins, the individual countervailable subsidy rates, the country-wide 
subsidy rate, or the all-others rate, as applicable.
 Respondent interested party. ``Respondent interested party'' means 
an interested party described in subparagraph (A) or (B) of section 
771(9) of the Act.
 Sale. A ``sale'' includes a contract to sell and a lease that is 
equivalent to a sale.
 Secretary. ``Secretary'' means the Secretary of Commerce or a 
designee. The Secretary has delegated to the Assistant Secretary for 
Import Administration the authority to make determinations under title 
VII of the Act and this Part.
 Section 753 review. ``Section 753 review'' means a review under 
section 753 of the Act.
 Section 762 review. ``Section 762 review'' means a review under 
section 762 of the Act.
 Segment of proceeding.
 (1) In general. An antidumping or countervailing duty proceeding 
consists of one or more segments. ``Segment of a proceeding'' or 
``segment of the proceeding'' refers to a portion of the proceeding that 
is reviewable under section 516A of the Act.
 (2) Examples. An antidumping or countervailing duty investigation or 
a review of an order or suspended investigation, or a scope inquiry 
under Sec. 351.225, each would constitute a segment of a proceeding.
 Short-term loan. ``Short-term loan'' means a loan, the terms of 
repayment for which are one year or less.
 Sunset review. ``Sunset review'' means a review under section 751(c) 
of the Act.
 Suspension of liquidation. ``Suspension of liquidation'' refers to a 
suspension of liquidation ordered by the Secretary under the authority 
of title VII of the Act, the provisions of this Part, or section 
516a(g)(5)(C) of the Act, or by a court of the United States in a 
lawsuit involving action taken, or not taken, by the Secretary under 
title VII of the Act or the provisions of this Part.
 Third country. For purposes of subpart D, ``third country'' means a 
country other than the exporting country and the United States. Under 
section 773(a) of the Act and subpart D, in certain circumstances the 
Secretary may determine normal value on the basis of sales to a third 
country.
 
[[Page 196]]
 
 URAA. ``URAA'' means the Uruguay Round Agreements Act.
 
 
[62 FR 27379, May 19, 1997, as amended at 63 FR 13520, Mar. 20, 1998; 63 
FR 65407, Nov. 25, 1998]