on in response. DOC withdrew this proposal from the final rule because of widespread concern among commenters.Chiara Phillips (White & Case, Law Clerk, Washington, DC) contributed to the development of this publication.1 “Regulations Improving and Strengthening the Enforcement of Trade Remedies Through the Administration of the Antidumping and Countervailing Duty Laws,” 89 FR 20766 (March 25, 2024). 2 “Regulations Improving and Strengthening the Enforcement of Trade Remedies Through the Administration of the Antidumping and Countervailing Duty Laws,” 88 FR 29850 (May 9, 2023). 3 “Determining the Existence of a Particular Market Situation That Distorts Costs of Production,” 87 FR 69234 (November 18, 2022). 4 “Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws,” 86 FR 52300 (September 20, 2021); and later technical amendments “Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,” 88 FR 67069 (September 29, 2023). 5 For original CVD investigations, the hierarchy is applied in the following sequence: (i) If there are cooperating respondents in the investigation, the Secretary will determine if a cooperating respondent used an identical program in the investigation and apply the highest calculated above-de minimis rate for the identical program; (ii) If no such rate exists, the Secretary will determine if an identical program was used in another CVD proceeding involving the same country and apply the highest calculated above-de minimis rate for the identical program; (iii) If no such rate exists, the Secretary will determine if there is a similar or comparable program in any CVD proceeding involving the same country and apply the highest calculated above-de minimis rate for the similar or comparable program; and (iv) If no such rate exists, the Secretary will apply the highest calculated above-de minimis rate from any non-company-specific program in a CVD proceeding involving the same country th