Regulation Concerning Preliminary Critical Circumstances Findings

The Department of Commerce (the ``Department'') is amending 19 CFR 351.206(c), which concerns preliminary findings of critical circumstances in antidumping and countervailing duty investigations. The critical circumstances provisions of the antidumping and countervailing duty laws and regulations ensure that the statutory remedies are not undermined by massive imports of dumped or subsidized merchandise following the filing of a petition. Normally, if an antidumping or countervailing duty order is issued, duties are assessed only on imports that enter the United States after the Department makes a preliminary determination of dumping or subsidization. However, where critical circumstances exist, duties are assessed retroactively on imports that enter up to 90 days prior to the preliminary determination. The amended regulation will ensure that the injurious effects of dumped or subsidized imports are remedied to the fullest extent provided by the law.