Supporting Law/Regulation

[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2003]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR159.63]

[Page 238-240]

TITLE 19--CUSTOMS DUTIES

CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY

PART 159--LIQUIDATION OF DUTIES--Table of Contents

Subpart F--Continued Dumping and Subsidy Offset

Sec. 159.63 Certifications.

(a) Requirement and purpose for certification. In order to obtain a

distribution of the offset, each affected domestic producer must submit

a certification, in triplicate, or electronically as authorized by

Customs, to the Assistant Commissioner, Office of Regulations and

Rulings, Headquarters, or designee, that must be received within 60 days

after the date of publication of the notice in the Federal Register,

indicating that the affected domestic producer desires to receive a

distribution. The certification must enumerate the qualifying

expenditures incurred by the domestic producer since the issuance of an

order or finding for which a distribution has not previously been made,

and it must demonstrate that the domestic producer is eligible to

receive a distribution as an affected domestic producer.

(b) Content of certification. While there is no established format

for a certification, the certification must identify the date of the

Federal Register notice under which it is submitted, and the case name

and the number of the particular order or finding cited in the Federal

Register notice. The certification must be executed and dated by a party

legally authorized to bind the domestic producer. The certification must

also state that the information contained in the certification is true

and accurate to the best of the certifier's knowledge and belief under

penalty of law, and that the domestic producer has records to support

the qualifying expenditures being claimed.

(1) Identifying information for domestic producer. The certification

must include the following identifying information related to the

domestic producer:

(i) The name of the domestic producer and any name qualifier, if

applicable (for example, any other name under which the domestic

producer does business or is also known);

(ii) The address of the domestic producer (if a post office box, the

secondary street address must also be included);

(iii) The Internal Revenue Service (IRS) number (with suffix) of the

domestic producer, employer identification number, or social security

number, as applicable;

(iv) The specific business organization of the domestic producer

(corporation, partnership, sole proprietorship); and

(v) The name(s) of any individual(s) designated by the domestic

producer as the contact person(s) concerning the certification, together

with the phone number(s) and/or facsimile transmission number(s) and

electronic mail (email) address(es) for the person(s).

(2) Amount of claim. In calculating the amount of the distribution

being claimed as an offset, the certification must enumerate the

following:

(i) The total amount of qualifying expenditures currently and

previously certified by the domestic producer, and the amount certified

by category(see Sec. 159.61(c)(1) through (c)(10));

(ii) The total amount of those expenditures which have been the

subject of any prior distribution under section 754, Tariff Act of 1930,

as amended (19 U.S.C. 1675c); and

(iii) The net amount for new and remaining qualifying expenditures

being claimed in the current certification (the total amount currently

and previously certified as noted in paragraph (b)(2)(i) of this section

minus the total amount the subject of any prior distribution as noted in

paragraph (b)(2)(ii) of this section).

(3) Statement of eligibility to receive distribution. The

certification must contain a statement that the domestic

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producer desires to receive a distribution and is eligible to receive

the distribution as an affected domestic producer (see Sec. 159.61(b)(1)

and (b)(2)).

(i) Amount certified for payment. The affected domestic producer

must affirm that the net amount certified for distribution does not

encompass any qualifying expenditures for which distribution has

previously been made (see paragraphs (b)(2)(ii) and (b)(2)(iii) of this

section).

(ii) Same qualifying expenditures included on more than one

certification. Where the domestic producer is listed as an affected

domestic producer on more than one order or finding covering the same

product and files a separate certification for each order or finding

using the same qualifying expenditures as the basis for distribution in

each case, each certification must list all the other orders or findings

where the producer is claiming the same qualifying expenditures.

(iii) Continued production of product covered by order or finding;

acquisition by related company. The statement must include information

as to whether the domestic producer remains in operation and continues

to produce the product covered by the particular order or finding under

which the distribution is sought (see Sec. 159.61(b)(2)(i)). In

addition, the domestic producer must state whether it has been acquired

by a company or business that is related to a company, within the

meaning of Sec. 159.61(b)(2)(ii)(A)(1) through (3), that opposed the

antidumping or countervailing duty investigation that resulted in the

order or finding under which the distribution is sought.

(c) Review and correction of certification. A certification that is

submitted in response to a notice of distribution and received within 60

days after the date of publication of the notice in the Federal Register

may be reviewed before acceptance to ensure that all informational

requirements are complied with and that any amounts set forth in the

certification for current and prior qualifying expenditures, including

the amount claimed for distribution, appear to be correct (see paragraph

(b)(2) of this section). A certification that is found to be materially

incorrect or incomplete will be returned to the domestic producer within

15 days after the close of the 60-day filing period. Within 10 days of

the date that Customs returns a certification as being materially

incorrect or incomplete, Customs must receive a corrected certification

from the affected domestic producer. Customs will make every effort to

assist companies to perfect their certifications and will not return

claims for minor errors or omissions. However, it remains the sole

responsibility of the domestic producer to ensure that the certification

is correct, complete and satisfactory so as to demonstrate the

entitlement of the domestic producer to the distribution requested.

Failure to ensure that the certification is correct, complete and

satisfactory as provided in this paragraph will result in the domestic

producer not receiving a distribution.

(d) Verification of certification; supporting records.

Certifications are subject to verification. Parties, therefore, are

required to maintain the accounting records used in developing their

claims, for a period of five years after the filing of the

certification. The records supporting certifications must be those that

are normally kept in the ordinary course of business (see

Sec. 163.1(a)(1) and (a)(2)(vi) of this chapter). Parties must be able

to demonstrate that their records specifically support each qualifying

expenditure enumerated in a certification. In addition, the claimant

must be able to support how qualifying expenditures are determined to be

related to the production of the product covered by the order or

finding.

(e) Disclosure of information in certifications; acceptance by

producer. The name of the affected domestic producer, the total dollar

amount claimed by that party on the certification, as well as the total

dollar amount that Customs actually disburses to that company as an

offset, will be available for disclosure to the public (see

Sec. 159.64(g)(1)). The submission of the certification will be

construed as an understanding and acceptance on the part of the domestic

producer that this information will be disclosed to the public.

Alternatively, a statement in a certification that this information is

proprietary and exempt from disclosure

[[Page 240]]

will result in Customs rejection of the certification.