information or if it is readily available to him.

§ 153.26 Suspected dumping; information from persons outside Customs Service.

Any person outside the Customs Service who has information that merchandise is being, or is likely to be, imported into the United States under such circumstances as to bring it within the purview of the Antidumping Act, 1921, as amended, may, on behalf of an industry in the United States, communicate such information in writing to the Commissioner of Customs.

§ 153.27 Suspected dumping; nature of information to be made available. Communications to the Commissioner pursuant to § 153.26, regarding suspected dumping should, to the extent feasible, contain or be accompanied by the following:

(a) A detailed description or sample of the merchandise; if no sample is furnished, the Bureau of Customs may call upon the person who furnished the information to furnish samples of the imported and competitive domestic articles, or either;

(b) The name of the country from which it is being, or is likely to be, imported;

(c) The name of the exporter or exporters and producer or producers, if known;

(d) The ports or probable ports of importation into the United States;

(e) Information indicating that an industry in the United States is being injured, or is likely to be injured, or prevented from being established;

(f) Such detailed data as are available with respect to values and prices indicating that such merchandise is being, or is likely to be, sold in the United States at less than its fair value, within the meaning of the Antidumping Act, 1921, as amended, including information as to any differences between the foreign market value or constructed value and the purchase price or exporter's sales price which may be accounted for by any difference in taxes, discounts, incidental costs such as those for packing or freight, or other items.

(g) Such material as is available indicating the market price for similar merchandise in the country of exportation and in any third countries in which

merchandise of the producer complained of is known to be sold.

(h) Such information as is available as to sales made for consumption in the country of exportation or for exportation otherwise than to the United States over a significant period of time prior to the date upon which the information is furnished.

(i) Such suggestions as the person furnishing the information may have as to specific avenues of investigation to be pursued or questions to be asked in seeking pertinent information.

§ 153.28

Adequacy of information.

If any information filed pursuant to § 153.26 in the opinion of the Commissioner does not conform substantially with the requirements of § 153.27, the Commissioner shall return the communication to the person who submitted it with detailed written advice as to the respects in which it does not conform. § 153.29 Initiation of antidumping proceeding; summary investigation.

Upon receipt of information pursuant to § 153.25 or § 153.26 in a form acceptable to the Commissioner, the Commissioner shall conduct a summary investigation. If he determines that the information is patently in error, or that merchandise of the class or kind is not being and is not likely to be imported in more than insignificant quantities, or for other reasons determines that further investigation is not warranted, he shall so advise the person who submitted the information and the case shall be closed. § 153.30 Antidumping Proceeding Notice.

(a) Publication of Antidumping Proceeding Notice. If the case has not been closed under § 153.29, the Secretary will publish a notice in the FEDERAL REGISTER that information in an acceptable form has been received pursuant to § 153.25 or § 153.26. This notice, to be referred to as the "Antidumping Proceeding Notice," will specify:

(1) A description of the merchandise involved;

(2) Whether the proceeding relates to all shipments of the merchandise in question from an exporting country, or only to shipments by certain persons or firms; in the latter case, the names of such persons and firms will be specified;

(3) The date on which information in an acceptable form was received and

that date shall be the date on which the question of dumping was raised or presented for purposes of sections 201(b) and 202 (a) of the Antidumping Act, 1921, as amended (19 U.S.C. 160 (b) and 161(a));

(4) The fact that there is some evidence on record concerning injury to or likelihood of injury to or prevention of establishment of an industry in the United States; and

(5) A summary of the information received. If a person outside the Customs Service raised or presented the question of dumping, his name may be included in the notice unless a determination under § 153.23 requires that his name not be disclosed.

(b) Time limit on publication. Generally, antidumping proceeding notices issued pursuant to § 153.30 shall be published in the FEDERAL REGISTER within 30 days after the date that information was received pursuant to § 153.25 § 153.26 in a form acceptable to the Commissioner.

§ 153.31 Full-scale investigation.

or

(a) Initiation of investigation. Upon publication of an Antidumping Proceeding Notice, the Commissioner shall proceed, by a full-scale investigation, or otherwise, to obtain such additional information, if any, as may be necessary to enable the Secretary to reach a determination as provided by § 153.32. In order to verify the information presented, or to obtain further details, investigations will, where appropriate, be conducted by Customs representatives in foreign countries, unless the country concerned objects to the investigation. If an adequate investigation is not permitted, or if any necessary information is withheld, the Secretary will reach a determination on the basis of such facts as are available to him.

(b) Pricing information. Ordinarily the Commissioner will require the foreign manufacturer, producer, or exporter to submit pricing information covering a period of at least 120 days prior to the date that information in a form acceptable to the Commissioner was received pursuant to § 153.25 or § 153.26. The Commissioner may, however, require the submission of pricing information for such longer period as he deems necessary; and he may also require the submission of pricing information on a current basis during the course of the investigation.

§ 153.32 Determination as to fact or likelihood of sales at less than fair value.

(a) Fair value determination. Upon receipt from the Commissioner of Customs of the information referred to in § 153.31, the Secretary of the Treasury will proceed as promptly as possible to determine whether or not the merchandise in question is in fact being, or is likely to be, sold in the United States or elsewhere at less than its fair value.

(b) Submission of views. During the course of an antidumping proceeding intrested persons may make such written submissions as they desire. Appropriate consideration will be given to any new or additional information submitted. The Secretary or his delegate also may at any time invite any person or persons to supply him orally with information or argument.

(c) Time limit on investigations. Generally, within 6 months, or in more complicated investigations, within 9 months, after the date of the publication of an "Antidumping Proceeding Notice", the Secretary will publish in the FEDERAL REGISTER & "Withholding of Appraisement Notice" (§ 153.34), a "Notice of Tentative Negative Determination" (§ 153.33), or a "Notice of Tentative Discontinuance of Antidumping Investigagation" (§ 153.15), as appropriate. However, if the Secretary decides that the appropriate tenative decision cannot satisfactorily be made within the 9month period, he will publish a notice of that fact in the FEDERAL REGISTER, together with the reasons therefor. The notice also will announce the length of additional time, usually not more than 3 months, within which the appropriate action will be taken.

§ 153.33 Negative determination.

(a) Notice of Tentative Negative Determination. If it appears to the Secretary that on the basis of information before him a determination of sales at not less than fair value may be required, he will publish in the FEDERAL REGISTER & "Notice of Tentative Negative Determination," which will include a description of the merchandise involved and a statement of the reasons upon which the tentative determination is based. Opportunity to present views will be provided pursuant to § 153.37.

(b) Final determination. As soon as possible thereafter, the Secretary will make a final determination and pub

lish his determination in the FEDERAL REGISTER.

(c) Negative determination after issuance of a "Withholding of Appraisement Notice" or a "Notice of Tentative Discontinuance of Antidumping Investigation." The procedure specified in paragraphs (a) and (b) of this section will not apply if the decision to issue a negative determination is made by the Secretary after a "Withholding of Appraisement Notice" or a "Notice of Tentative Discontinuance of Antidumping Investigation" has been issued and thereafter he has afforded interested parties an opportunity to be heard pursuant to the provisions of § 153.37. In lieu thereof, a final negative determination will be published setting forth the statement of reasons.

§ 153.34 Withholding of appraisement.

(a) Three-month period. If the Secretary determines during the course of his investigations that there are reasonable grounds to believe or suspect that any merchandise is being, or is likely to be, sold at less than its foreign market value (or, in the absence of such value, then its constructed value) under the Antidumping Act, and if there is evidence on record concerning injury or likelihood of injury to or prevention of establishment of an industry of the United States, he shall publish notice of these facts in the FEDERAL REGISTER in a "Withholding of Appraisement Notice," indicating:

(1) A description of the merchandise involved;

(2) That the belief or suspicion relates only to certain shippers or producers, if this is the case and that the withholding of appraisement is limited to the transactions of such shippers or producers; and

(3) The expiration date of the notice (which shall be no more than 3 months from the date of publication of the notice in the FEDERAL REGISTER, unless a longer period of withholding of appraisement has been requested pursuant to paragraph (b) of this section and has been approved by the Secretary). This withholding of appraisement notice will be issued concurrently with the Secretary's determination pursuant to § 153.35, unless appraisement is being withheld pursuant to paragraph (b) of this section.

(b) Six-month period. At any time prior to the issuance of the "Withholding of Appraisement Notice" referred to in paragraph (a) of this section, importers

and exporters concerned may request that the period of withholding of appraisement extend for a period longer than 3 months, but in no case longer than 6 months. Upon receipt of such a request, the Secretary will decide whether appraisement should be withheld for a period longer than 3 months. If the Secretary decides that a period of withholding of appraisement longer than 3 months is justified, he will publish a "Withholding of Appraisement Notice" upon the same basis and containing information of the same type as is required by paragraph (a) of this section, except that the expiration date of the notice may be 6 months from the date of publication of the notice in the FEDERAL REGISTER.

(c) Advice to District Directors of Customs. The Commissioner shall advise all district directors of Customs of the Secretary's action. Upon receipt of such advice each district director of Customs shall proceed to withhold appraisement in accordance with the pertinent provisions of § 153.48.

§ 153.35 Affirmative determination; general.

If it appears to the Secretary on the basis of the information before him that a determination of sales at less than fair value is required, unless the "Withholding of Appraisement Notice" was issued pursuant to § 153.34(b), he will publish in the FEDERAL REGISTER his "Determination of Sales at Less Than Fair Value." This determination will include:

(a) A description of the merchandise involved;

(b) The name of each country of exportation;

(c) The name of the exporter or exporters or producer or producers, if the determination covers shipments by less than all of the exporters or producers;

(d) The date of the receipt of the information in an acceptable form;

(e) Whether the appropriate basis of comparison is purchase price or exporter's sales price; and

(f) A statement of reasons upon which the determination is based.

§ 153.36 Affirmative determination; appraisement withheld pursuant to § 153.34(b).

If it appears to the Secretary on the basis of the information before him that a determination of sales at less than fair value is required, and if a "Withholding of Appraisement Notice" has been issued

pursuant to § 153.34 (b), he will publish in the FEDERAL REGISTER his determination of sales at less than fair value within 3 months from the date of publication of such "Withholding of Appraisement Notice." This determination will contain information of the same type as required in §§ 153.35 (a) through (f). § 153.37 Opportunity to present views.

Pursuant to publication in the FEDERAL REGISTER of: A "Withholding of Appraisement Notice"; any other notice of tentative disposition of an antidumping investigation; or a notice of tentative modification or revocation of a dumping finding, an opportunity will be provided for the presentation of views by interested persons as set forth below.

(a) Written. Interested persons may make such written submissions as they desire, within a period which will be specified in the notice, with respect to the contemplated action. Appropriate consideration will be given to any additional information or argument submitted.

(b) Oral. If any interested person believes that any information obtained by the Bureau of Customs in the course of the antidumping proceeding is inaccurate or that for any other reason the tentative decision or the withholding of appraisement is in error, he may request in writing, within a period which will be specified in the notice, that the Secretary of the Treasury afford him an opportunity to present his views in this regard. All such requests shall be accompanied by a statement outlining the issues which the person wishes to discuss. Upon receipt of such a request, the Secretary will notify the person who supplied any information, the accuracy of which is questioned and such other person or persons, if any, as he in his discretion may deem to be appropriate. If the Secretary is satisfied that the circumstances so warrant, an opportunity will be afforded by the Secretary or his delegate for all such persons to appear, through their counsel or in person, accompanied by counsel if they so desire, to make known their respective points of view in regard to those issues which the Secretary or his delegate has determined to be appropriate for discussion. With respect to a "Withholding of Appraisement Notice" issued pursuant to § 153.34(a), such meeting will be held within 3 weeks of the date of the publication of the notice unless for unusual reasons it is clearly impracticable to do

so. In all other cases, it normally will be held within 5 weeks of such publication. Reasonable notice of the meeting will be given. The Secretary or his delegate may at any time invite any person or persons to supply him orally with information or argument.

§ 153.38 Referral to U.S. Tariff Commission.

Whenever the Secretary makes a determination of sales at less than fair value he shall so advise the U.S. Tariff Commission.

§ 153.39 Revocation of determination of sales at less than fair value; determination of sales at not less than fair value.

If the Secretary is persuaded from information submitted or arguments received that his determination of sales at less than fair value was in error, and if the Tariff Commission has not yet issued a determination relating to injury, he will publish a notice of "Revocation of Determination of Sales at Less Than Fair Value; Determination of Sales at Not Less Than Fair Value," or, if appropriate, a notice of "Modification of Determination of Sales at Less Than Fair Value," which notice will set forth a description of the merchandise involved and state the reasons upon which it was based. He will notify the Tariff Commission of his action.

§ 153.40 Dumping finding.

If the Tariff Commission determines that there is, or is likely to be, the injury contemplated by the statute, the Secretary of the Treasury will make the finding contemplated by section 201(a) of the Antidumping Act, 1921, as amended (19 U.S.C. 160(a)), with respect to the involved merchandise. § 153.41

Modification or revocation of

finding.

(a) Application to modify or revoke. An application for the modification or revocation of any finding made as provided for in § 153.40 may be submitted in writing to the Commissioner of Customs, together with detailed information concerning any change in circumstances or practice which has obtained for a substantial period of time, or other reasons, which the applicant believes will establish that the basis for the finding no longer exists with respect to all or any part of the merchandise covered thereby.

(b) Modification or revocation by Secretary. The Secretary of the Treasury

may, on his own initiative, modify or revoke a finding of dumping.

(c) Notice of modification or revocation of finding. If it appears to the Secretary that a modification or revocation of an existing dumping finding may be appropriate, he will publish in the FEDERAL REGISTER & "Notice of Tentative Determination to Modify or Revoke Dumping Finding," which will include a description of the merchandise involved and a statement of the reasons upon which the tentative determination is based. Opportunity for interested persons to present views will be provided pursuant to § 155.37.

(d) Final determination. As soon as possible after publication of a "Notice of

Tentative Determination to Modify or Revoke Dumping Finding," the Secretary will make a final determination and will publish his determination in the FEDERAL REGISTER.

§ 153.42 Publication of determinations and findings.

Each determination made in accordance with §§ 153.33, 153.34, 153.35, and 153.36, whether such determination is in the affirmative or in the negative, and each finding made in accordance with § 153.40, will be published in the FEDERAL REGISTER, together with a statement of the reasons therefor.

§ 153.43 List of current findings.

The following findings of dumping are currently in effect:

Merchandise

Country

T.D. Modified by

(Sweden.

55369

55428

Portland gray cement.

Portugal.

55501

55883

Steel reinforcing bars...

Canada.

56150

Carbon steel bars and structural shapes..

Steel jacks..

Cast iron soil pipe.

Titanium sponge.

Pig iron..

Do

Do... Do.

Potassium chloride, otherwise known as muriate of potash. ....Do...

Ceramic wall tile.

Canada..

69-265

Clear plate and float glass..

Clear sheet glass..

Pig iron...

Pig iron..

Clear sheet glass weighing over 28 ozs. per sq. ft.. Clear sheet glass weighing over 16 ozs. per sq. ft.. Clear sheet glass weighing over 28 ozs. per sq. ft..

Ice cream sandwich wafers.

Diamond tips for phonograph needles.
Fish netting of manmade fibers.

Large power transformers..

Do..

Do....

Do..