ITA Announces End of Publication of Certain AD/CV Notices in Federal Register
The International Trade Administration said it will no longer publish certain aspects of its determinations in antidumping and countervailing duty proceedings in the Federal Register. The ITA said it's taking this action due to the mounting costs of publishing notices in the Federal Register and widespread access to the Internet. According to the ITA, the content of many the ITA’s Federal Register notices will be reduced (for example, extension notices for preliminary and final results), with much of the information previously included in its FR notices being made available on the ITA’s website. The ITA said it will implement these changes incrementally, beginning May 15, 2012.
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ITA to End Publication of Extension Notices in Reviews, Pending Scope Decisions, Etc.
Specifically, the ITA will end publication in the Federal Register of the following notices:
- The ITA will no longer publish extension notices for preliminary and final results of reviews; rather, the ITA will place a memorandum extending the deadline on the official case file which, when the service becomes available, will be accessible to parties on IA ACCESS here. In addition, ITA says that parties and the public will be informed of upcoming deadlines and any extensions associated with these deadlines in a calendar published on the ITA's website.
- A list of pending scope decisions will no longer be included in the ITA's quarterly scope ruling publication
- The Advance Notice of Sunset Reviews will no longer be published when no such review is scheduled for initiation the following month
All Other Notices to be Condensed; Abbreviated Scope Description in Review Notices, Etc.
The ITA said all other notices will continue to be published in the Federal Register, in a modified and condensed format. According to the ITA, it will continue to include in its published notices fundamental case information (e.g., segment of proceeding, an abbreviated scope description, period of review, summary of findings, summary of methodology, names of exporters/ producers subject to the proceeding, margins calculated, notification of disclosure and public comment, notifications of assessment and cash deposit instructions, and a reminder of any deadlines associated with the notice’s publication).
For preliminary and final determinations of investigations, and AD and CV duty orders, the ITA will include the entire scope discussion in the Federal Register, and not an abbreviated format. Abbreviated scope descriptions in other notices will provide a reference to the location of the full scope description.
Info Previously Included in FR Notices Transferred to Separate Memoranda on ITA Website
The ITA said all other information will be transferred to separate memoranda. For example, according to the ITA, for the preliminary results of an administrative review, it will issue a memorandum to accompany the Federal Register notice, which will include the complete, detailed discussion of our margin calculation methodology, significant case issues, and background/history of the order. The memorandum will be a public document released to interested parties and published on the ITA’s website. External services, such as Lexis and Westlaw, may also make the memorandum available to their clients in an electronically searchable format.
In the coming months, the ITA said it will create such memoranda for most notices that will continue to be published in the Federal Register and identify the content that will remain in the Federal Register notices and the content that will be included in the separate memorandum.
Some Notices No Longer Published from May 15; Abbreviated Prelim Notices from Sept 1
According to the ITA, beginning May 15, 2012, it will no longer publish extension notices in the Federal Register. Rather, these extensions will be published in calendar form on the ITA website here. On that date, the ITA will stop publishing Advance Notification of Sunset Reviews when no such review is scheduled for initiation the following month. The next quarterly scope decision will no longer contain a list of pending scope decisions.
Beginning September 1, 2012, abbreviated notices for all preliminary determinations and preliminary results of review will be published in the Federal Register, while the memorandum accompanying each notice that includes the background, methodology, and additional content will be adopted through the notice’s publication and posted on the ITA website here.
The ITA said it anticipates that other notices will be published in abbreviated format in the near future, following implementation of the changes discussed in this notice.