INTERNATIONAL TRADE ADMINISTRATION 11.106 REMEDIES FOR UNFAIR FOREIGN TRADE PRACTICES ANTIDUMPING DUTY INVESTIGATIONS FEDERAL AGENCY: INTERNATIONAL TRADE ADMINISTRA. TION, DEPARTMENT OF COMMERCE AUTHORIZATION: Tariff Act of 1930, as amended; Trade Agree ments Act of 1979; Trade and Tariff Act of 1984; Trade Act of 1988, 19 U.S.C. 1339, 1516a, 1673-1677h. OBJECTIVES: To protect U.S. industry from injury by sales of for eign merchandise at less than fair value in the United States. TYPES OF ASSISTANCE: Provision of Specialized Services; Investi gation of Complaints. USES AND USE RESTRICTIONS: Special dumping duties are as sessed against imported foreign merchandise entering in the U.S. at less than the foreign market price should: (1) The Secretary of Commerce determine that dumping has occurred and; (2) the International Trade Commission has found the dumping to cause, or threaten to cause materialinjury to the competing U.S. industry. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: Any interested party 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 Tariff Act of 1930 as amended, may on behalf of the industry in the United States which produces like merchandise, communicate such information to the Import Administration, Internation al Trade Administration, U.S. Department of Commerce. Beneficiary Eligibility: The industry being adversely affected by im ports of like products which are the subject of a finding of dump ing. Credentials/Documentation: Communications must contain: The name and address of the petitioner; the names and addresses of all known foreign firms believed to be exporting the products to the U.S.; a description of the merchandise involved; ports or probable ports of entry; price information with respect to home market or third country sales and sales in the U.S.; and, information indicating that an industry in the U.S. is being injured materially by the imports. APPLICATION AND AWARD PROCESS: Preapplication Coordination: Not required; a conference with Import Administration officials is recommended. This program is ex cluded from coverage under E.O. 12372. Application Procedure: The dumping petition should be filed in ac cordance with 19 CFR 353.36. Award Procedure: Within 20 days of receipt of a proper petition. A decision regarding the initiation of an investigation is made. If the investigation is initiated by the Department of Commerce, a notice is published in the Federal Register. Within 45 days of receipt of a proper petition, the International Trade Commission (ITC) must determine whether there is a reasonable indication of injury to the domestic industry. If sales are found to have been made at less than fair value, the Secretary of Commerce issues a determination to that effect. The case is then sent back to the International Trade Commission (ITC) for a final determination as to whether or not the dumped imports are causing, or are likely to cause, material injury to the industry in the United States. If the ITC determination is affirmative, the Secretary of Commerce issues an antidumping duty order and special dumping duties are assessed against that merchandise which is being sold in the United States at less than fair value. Deadlines: A preliminary determination normally must be made by the Department of Commerce 160 to 210 days (depending on the complexity of the case) from the date of receipt of the petition. A final determination will be due 75 or 135 days as appropriate after the preliminary determination. Pursuant to the statute, the Interna tional Trade Commission investigation must be completed within 45 days after the determination of sales at less than fair value. Range of Approval/Disapproval Time: Investigations by the Com merce Department are normally completed within 215 days from Federal Register. Renewals: Not applicable. Formula and Matching Requirements: Not applicable. be revoked after three years if it can be shown that no sales at less period. Reports: Not applicable. Records: Not applicable. Account Identification: 13-1250-0-1-376. 93 est $15,140,666; and FY 94 est $16,424,667. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: In fiscal year 1992, 127 anti dumping investigations were initiated. In fiscal year 1993, it is esti mated that 83 antidumping investigations will be initiated. REGULATIONS, GUIDELINES, AND LITERATURE: Commerce Regulations, Part 353 (19 CFR 353). Regional or Local Office: Not applicable. ministration, U.S. Department of Commerce, 14th and Constitu- same 7-digit numbers for FTS.) RELATED PROGRAMS: 11.107, Remedies for Unfair Foreign Trade Practices-Countervailing Duty Investigations. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: Not applicable. 11.107 REMEDIES FOR UNFAIR FOREIGN TRADE PRACTICES-COUNTERVAILING DUTY INVESTIGATIONS FEDERAL AGENCY: INTERNATIONAL TRADE ADMINISTRA TION, DEPARTMENT OF COMMERCE AUTHORIZATION: Tariff Act of 1930, as amended; Trade Agree ments Act of 1979; Trade and Tariff Act of 1984; Trade Act of 1988, 19 U.S.C. 1303, 1339, 1516, 1671-1671h, 1675-1677h. OBJECTIVES: To protect U.S. industry from unfair import competi tion resulting from unfair subsidies bestowed by foreign govern ments. TYPES OF ASSISTANCE: Provision of Specialized Services; Investi gation of Complaints. USES AND USE RESTRICTIONS: Petitions by domestic industry are investigated. If the Secretary of Commerce determines a subsidy is being bestowed and, where required, the International Trade Commission determines that the subsidy causes, or threatens to cause material injury to U.S. industry, countervailing duties are assessed on imports of subsidized merchandise from the bestowing country. The duty is intended to offset the unfair competitive effect of the subsidy. tion Avenue, NW., Washington, DC 20230. Inquiries should be directed to Francis Sailer, Deputy Assistant Secretary for Investigations. Telephone: (202) 377-5497, or Joseph Spetrini, Deputy Assistant Secretary for Compliance. Telephone: (202) 377-2104. (Use same 7-digit numbers for FTS.) RELATED PROGRAMS: 11.106, Remedies for Unfair Foreign Trade Practices—Antidumping Duty Investigations; 61.001, Import Relief (Industry). ELIGIBILITY REQUIREMENTS: merchandise is being, or is likely to be, imported into the United al Trade Administration, U.S. Department of Commerce. Beneficiary Eligibility: The industry adversely affected by subsidized imports. Credentials/Documentation: Communications must contain: The names and addresses of the petitioning industry; the names and addresses of all known foreign firms believed to be exporting subsidized products to the U.S.; a full statement of the reasons for the belief; a detailed description or sample of the merchandise; all pertinent facts obtainable concerning the subsidy being paid or bestowed in connection with such merchandise; and, where required, information indicating that an industry in the U.S. is being injured by the allegedly subsidized imports. APPLICATION AND AWARD PROCESS: Preapplication Coordination: Not required. However, a conference with Import Administration officials is recommended. This pro gram is excluded from coverage under E.O. 12372. Application Procedure: The petition should be filed in accordance with 19 CFR 355.26. Award Procedure: When a petition is received in proper form, the Commerce Department investigates and publishes preliminary and then final determinations. When there is a final determination that subsidy is bestowed, the Commerce Department issues a countervailing duty order covering imports of the merchandise identified in the petition. In certain cases, there also must be a finding by the U.S. International Trade Commission that the competing U.S. industry is threatened with, or has been materially injured by the subsidized imports. Where an injury determination is required, both Commerce and ITC decisions must be affirmative for duties to be collected. Through a process of administration reviews, the Commerce Department assesses countervailing duties on the prod uct subject to the order. Deadlines: A preliminary determination normally must be published within 85 or 150 days of receipt (depending on the complexity of the case) of the petition and final determination in general within 75 days from the date of the preliminary determination. Range of Approval/Disapproval Time: Action must be taken within statutory deadlines. Appeals: See 19 U.S.C. 1516a. Renewals: Not applicable. Formula and Matching Requirements: Not applicable. ing may be revoked after three years of no subsidy by the foreign requested that the duties be updated over that five year period. POST ASSISTANCE REQUIREMENTS: Reports: Not applicable. Records: Not applicable. Account Identification: 13-1250-0-1-376. 93 est $7,570,300; and FY 94 est $8,212,300. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: In fiscal year 1992, 53 counter vailing duty investigations were initiated, and in fiscal year 1993, it is estimated that 39 countervailing duty investigations will be initi ated. REGULATIONS, GUIDELINES, AND LITERATURE: Commerce Regulations, Part 355 (19 CFR 355). Regional or Local Office: Not applicable. ministration, U.S. Department of Commerce, 14th and Constitu 11.108 EXPORT PROMOTION SERVICES FEDERAL AGENCY: INTERNATIONAL TRADE ADMINISTRA TION, DEPARTMENT OF COMMERCE AUTHORIZATION: 15 U.S.C. 1512; 15 U.S.C. 649a, et. seq. OBJECTIVES: To encourage U.S. firms to expand their export mar keting efforts and to assist them to identify and assess potential overseas trade contacts and opportunities; And to facilitate their export efforts. TYPES OF ASSISTANCE: Advisory Services and Counseling. USES AND USE RESTRICTIONS: Services include: 1) information on overseas market opportunities; 2) guidance to U.S. business on the use of market identification, market assessment, and contact information; 3) non-financial assistance in export promotion (trade and industrial exhibits, and trade missions, catalog and video-catalog shows, and other specialized promotions; 4) product promotions through catalog-magazine listings); 5) support to State and private sector organizers of selected domestic and overseas trade fairs and missions through foreign buyer shows, certified trade fairs and State/industry organized Government approved missions; 6) information on trade statistics, foreign tariffs, customs regulations and procedures, market potential in individual countries, and other related activities; and 7) advice and counseling on foreign trade and individual overseas markets. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: Any U.S. citizen, firm, organization, or branch of government needing information or assistance in international business matters. Beneficiary Eligibility: Any U.S. citizen, firm, organization or branch of government needing information or assistance in international business matters. cluded from coverage under E.O. 12372. Renewals: Not applicable. Formula and Matching Requirements: Not applicable. Length and Time Phasing of Assistance: Not applicable. Reports: None. Records: None. Account Identification: 13-1250-0-1-376. 93 est $115,557,000; and FY 94 est $115,874,000. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: Counseled business executives, assisted U.S. business firms in their pursuit of major foreign projects and products sales contracts, provided trade opportunity leads, and provided U.S. business firms with export statistics, market research, Agent/Distributor Reports, World Trader Data Reports, Export Contact Lists, Trade Lists, and a variety of other marketing information products. Assisted U.S. business firms in their participation in major overseas promotional exhibitions, trade missions, and delegations. Provided in-depth counseling and mar. keting information through correspondence, personal visits, and by telephone to U.S. business representatives. REGULATIONS, GUIDELINES, AND LITERATURE: A Basic Guide to Exporting; Commercial News USA; program/service lit erature; conditions of participation and Federal Register notices. INFORMATION CONTACTS: Regional or Local Office: Local Department of Commerce, US & FCS District offices are listed in Appendix IV of the Catalog. INFORMATION CONTACTS: fices are listed in Appendix IV of the Catalog. Headquarters Office: International Trade Administration, U.S. De partment of Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230. Inquiries should be directed to Technology and Aerospace Industries, (202) 377-1872; Basic Industries, (202) 377-0614; Service Industries and Finance, (202) 377-5261; Export Trading Company Affairs, (202) 377-5131; Textiles, Appar. el, and Consumer Goods Industries (202) 377-3737; and Trade and Economic Analysis, (202) 377-5145. (Use same 7-digit numbers for FTS.) Statistics Reports; 11.001, Census Bureau Data Products; 11.005, Service Corps of Retired Executives Association. 11.111 FOREIGN-TRADE ZONES IN THE UNITED STATES 11.110 TRADE DEVELOPMENT FEDERAL AGENCY: INTERNATIONAL TRADE ADMINISTRA TION, DEPARTMENT OF COMMERCE AUTHORIZATION: 15 U.S.C. 1512; 19 U.S.C. 1202, 2031, 2354. OBJECTIVES: To foster the competitiveness and growth of U.S. in dustries and promote their increased participation in international markets. TYPES OF ASSISTANCE: Advisory Services and Counseling. USES AND USE RESTRICTIONS: To serve as the basic Federal Government source of industry-specific expertise, policy development, industry competitiveness analysis and trade promotion assistance for use by the business community, Federal program manag. ers and policy-makers. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: Any business, public official, civic organization or private citizen may request information in person, by letter or telephone. Beneficiary Eligibility: Any business, public official, civic organiza tion or private citizen may request information in person, by letter or telephone. cluded from coverage under E.O. 12372. Renewals: Not applicable. Formula and Matching Requirements: Not applicable. Length and Time Phasing of Assistance: Not applicable. Reports: None. Records: None. Account Identification: 13-1250-0-1-376. 93 est $52,495,000, and FY 94 est $39,331,000. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: In fiscal year 1992, this program included regular statistical reports; economic studies on current policy issues, such as international trade and industry competitiveness and the impact of Government regulations on industry; forecasts of industry/sector output, cost trends, and their general economic condition; information on industry structure, operations and technological developments; export promotion events and foreign market information. REGULATIONS, GUIDELINES, AND LITERATURE: ”The U.S. In dustrial Outlook," "United States Trade Performance and Outlook", Competitive Assessment Studies of selected U.S. industries and other industry related publications. FEDERAL AGENCY: INTERNATIONAL TRADE ADMINISTRA TION, DEPARTMENT OF COMMERCE AUTHORIZATION: Foreign-Trade Zones (FTZ) Act of 1934, 48 Stat. 98-1003, 19 U.S.C. 81a-81u, as amended, Public Law 81-566, 64 Stat. 246; Public Law 85-791, 72 Stat. 945; Public Law 91-271, 84 Stat. 292; Public Law 96-609, 94 Stat. 3561 Section 231; Public Law 98-573, 98 Stat. 142 and 299; Public Law 99-386, 100 Stat. 823; Public Law 99-514, 100 Stat. 823; Public Law 100-418, 102 Stat. 1300; Public Law 100-647, 102 Stat. 3808; Public Law 100 449, 102 Stat. 1863; Public Law 101-382, 104 Stat. 706 and 710. OBJECTIVES: To help encourage exports and the shifting of manufac turing processing activity to domestic sites from abroad. Communities consider zones a part of their international business service structure, enhancing their overall investment climate for commerce and industry. The projects are coordinated with State pro grams, particularly reverse investment efforts. TYPES OF ASSISTANCE: Provision of Specialized Services. USES AND USE RESTRICTIONS: Zone procedures help firms reduce business and production costs on imports. The procedures are available at facilities designated as foreign trade zones and subzones under the sponsorship of local public and quasi-public cor porations. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: Public and private for profit corporations as de fined by the Law, with the appropriate State enabling legislation. Beneficiary Eligibility: Foreign Trade Zone's (FTZ) are required to operate like public utilities, providing access to zone procedures on a nondiscriminatory basis to businesses and manufacturers. Zone procedures are available at any of the operating FTZ's, subject to customs requirements, a review process to determine that manufacturing activity is in the public interest, and the specific re quirements of the local zone project. Credentials/Documentation: Applications contain: A cover letter de tailing corporation's eligibility to apply; type of authority requested; a site and facility description; project background; the need for a zone; the relationship of the zone project to the overall community economic development plans; and how the project will be operated and financed. When manufacturing activity is involved, the application must also contain information on the activity, including products and components, tariff rates, benefits to the operator, and public benefits (e.g., employment retention/creation). APPLICATION AND AWARD PROCESS: Preapplication Coordination: Draft applications are recommended. This program is excluded from coverage under E.O. 12372. Application Procedure: Applications for zone authority are submitted by eligible applicants and investigated under the regulations of the FTZ Board. The Board (Secretaries of Commerce (Chairman), Treasury and Army) can approve or deny the application, or approve it with restrictions. Applications are processed for the Board by the FTZ Staff/Import Administration/International Trade Administration, U.S. Department of Commerce. Award Procedure: Upon filing of an application, after a prefiling review, an examiner is appointed to investigate the proposal and make recommendations. Hearings are held in cases of new zones and public comments invited in all cases. When the Foreign-Trade Zones Board makes a decision an order is issued and published in the Federal Register. Deadlines: Not applicable. Range of Approval/Disapproval Time: Applications are usually acted upon within 10 to 12 months of filing. Appeals: A negative decision can be appealed by reapplication to the FTZ Board when warranted by evidence and circumstance. Renewals: Applicable when the Board places time constraints on the zones. In that event, a renewal application must be filed. ASSISTANCE CONSIDERATIONS: Formula and Matching Requirements: Not applicable. Length and Time Phasing of Assistance: Not applicable. POST ASSISTANCE REQUIREMENTS: Reports: Annual reports on zone operations are submitted by grant FINANCIAL INFORMATION: Account Identification: 13-1250-0-1-376. est $524,000; and FY 94 est $632,500. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: The Board issues approximately 60-80 formal orders a year covering zones, subzones, and expan sion applications. REGULATIONS, GUIDELINES, AND LITERATURE: Commerce Regulations, 15 CFR, Part 400 (15 CFR 400). Regional or Local Office: Commerce District Offices. Trade Zones Board, 14th and Pennsylvania Avenue, NW., Room Telephone: (202) 377-2862. (Use same 7-digit number for FTS.) RELATED PROGRAMS: None. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: Not applicable. ees. Audits: Zone operations are monitored in terms of restriction im posed by board and the general public interest mandate of the FTZ Act. Records: Each grantee is required to keep records pursuant to the FTZ Board's (15 CFR 400), and Customs regulations (19 CFR 146). BUREAU OF EXPORT ADMINISTRATION 11.150 EXPORT LICENSING SERVICE AND INFORMATION (Export Control) Exporter Assistance Program FEDERAL AGENCY: BUREAU OF EXPORT ADMINISTRA. TION, DEPARTMENT OF COMMERCE AUTHORIZATION: Export Administration Act of 1979, as amended, 50 U.S.C. App. 2401 et seq. OBJECTIVES: To provide detailed information, assistance, and guid ance to the public and the business community on licensing requirements, export control regulations and matters concerning exports of certain products and technical data that require a special export license for shipments to foreign countries. TYPES OF ASSISTANCE: Advisory Services and Counseling. USES AND USE RESTRICTIONS: Individuals and business firms may obtain information, training and assistance on the interpretation of export control regulations and policies, when an individual validated export control license is required; secure expeditious handling of an export application when priority action is warranted; and other related matters. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: Any person, firm, organization, or branch of government needing information or assistance on export control matters. Beneficiary Eligibility: Any person, firm, organization, or branch of government needing information or assistance on export control matters. coverage under E.O. 12372. Renewals: Not applicable. Formula and Matching Requirements: Not applicable. Length and Time Phasing of Assistance: Not applicable. Reports: None. Records: None. Account Identification: 13-1250-0-1-376. Obligations: (Operation and administration) FY 92 $1,815,000; FY 93 est $1,761,000; and FY 94 est $1,761,000. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: In fiscal year 1992, counseled 257,194 exporters through phone inquires and walk-in counselling, processed 100,000 phone inquiries through the automated ”System for Tracking Export License Applications" (STELA) for advice, assistance, and processing stage of applications and held 278 export licensing seminars (7,334 participants at BXA-Sponsored seminars). In fiscal year 1992, there were 309,000 exporters counseled through phone inquiries and walk-in counselling, 100,000 phone inquiries processed through STELA for advice and processing stage of applications, and 308 export licensing seminars (est. 8,100 participants at BXA-Sponsored seminars). REGULATIONS, GUIDELINES, AND LITERATURE: Export Ad ministration Regulations; Export Administration Bulletins; Summary of U.S. Export Regulations; Export Administration Annual Report; Export Control of Technical Data; Exports by Mail; Denial and Probation Orders Currently Affecting Export Privileges; Index to the Commodity Control List; Export Management System Guidelines and Summary thereof; and the Distribution Li cense. INFORMATION CONTACTS: Regional or Local Office: Refer to Appendix IV of the Catalog for BXA Regional Office addresses. Headquarters Office: Exporter Counseling Staff, Office of Export Li censing, Rm. 1099, Department of Commerce, Washington, DC 20230 or Exporter Counseling Staff, P.O. Box 273, OEL, Washington, DC 20044. Telephone: (202) 377-2753 (Status Line & Trade Fair Line); 377-4811 (Regulatory and Policy Questions); and 377-2752 (System for Tracking Export License Applications). RELATED PROGRAMS: 11.108, Export Promotion Services. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: Not applicable. |