80 FR 11164 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 40 (March 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11164-11166 | |
| FR Document | 2015-04300 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Notices] [Pages 11164-11166] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04300] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (``Sunset'') Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating the five-year review (``Sunset Review'') of the antidumping and countervailing duty (``AD/ CVD'') orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective (March 1, 2015). [[Page 11165]] FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193. SUPPLEMENTARY INFORMATION: Background The Department's procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty orders: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ DOC case No. ITC case No. Country Product Department contact ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ A-337-804........................... 731-TA-776............ Chile................. Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136. A-533-813........................... 731-TA-778............ India................. Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136. A-560-802........................... 731-TA-779............ Indonesia............. Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136. A-475-059........................... AA1921-167............ Italy................. Pressure Sensitive Plastic Tape (4th Review)........ David Goldberger (202) 482-4136. A-570-851........................... 731-TA-777............ PRC................... Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136. A-570-891........................... 731-TA-1059........... PRC................... Hand Trucks (2nd Review)............................ Jacqueline Arrowsmith (202) 482-4136. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department's regulations, the Department's schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department's Web site at the following address: ``http://enforcement.trade.gov/sunset/.'' All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''), can be found at 19 CFR 351.303.\1\ --------------------------------------------------------------------------- \1\ See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Revised Factual Information Requirements This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.\2\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all AD/CVD investigations or proceedings initiated on or after August 16, 2013.\3\ The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements. --------------------------------------------------------------------------- \2\ See section 782(b) of the Act. \3\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'') (amending 19 CFR 351.303(g)). --------------------------------------------------------------------------- On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to antidumping and countervailing duty proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013. Review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation at 19 CFR 351.302(c) concerning the extension of time limits for submissions in antidumping and countervailing duty proceedings: Extension of Time Limits, 78 FR 57790 (September 20, 2013). The modification clarifies that parties may request an extension of time limits before a time limit established under [[Page 11166]] part 351 of the Department's regulations expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimely-filed requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Review the final rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments. Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (``APO'') to file an APO application immediately following publication in the Federal Register of this notice of initiation. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review.\4\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.218(d)(1)(iii). --------------------------------------------------------------------------- If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. Consult the Department's regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: February 23, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-04300 Filed 2-27-15; 8:45 am] BILLING CODE 3510-DS-P
![11164 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
issues are identified in the Appendix to Assessment and Cash Deposit Dated: February 23, 2015.
this notice. The Issues and Decision Requirements Paul Piquado,
Memorandum is a public document and Assistant Secretary for Enforcement and
is on file electronically via Enforcement In accordance with 19 CFR Compliance.
and Compliance’s Antidumping and 351.212(b)(2), the Department intends to
issue appropriate instructions to U.S. Appendix I
Countervailing Duty Centralized
Electronic Service System (ACCESS).3 Customs and Border Protection (CBP) 15 Issues and Decision Memorandum
ACCESS is available to registered users days after publication of the final results I. Summary
at http://access.trade.gov and in the of this review. The Department will II. Background
Central Records Unit, room 7046 of the instruct CBP to liquidate shipments of Scope of the Order
main Department of Commerce subject merchandise produced and/or III. Subsidies Valuation Information
building. In addition, a complete exported by Jindal and SRF, A. Allocation Period
version of the Issues and Decision B. Benchmarks Interest Rates
respectively, entered or withdrawn from C. Denominator
Memorandum can be accessed directly warehouse, for consumption from IV. Analysis of Programs
on the Internet at http://trade.gov/ January 1, 2012, through December 31, 1. Programs Determined To Be
enforcement/frn/index.html. The signed 2012, at 7.66 percent ad valorem and at Countervailable
Issues and Decision Memorandum and 2.03 percent ad valorem, respectively, of 2. Program Determined To Be Terminated
electronic versions of the Issues and the entered value. 3. Programs Determined To Be Not Used
Decision Memorandum are identical in V. Analysis of Comments
content. The Department intends also to Comment 1: Whether There Has Been A
instruct CBP to collect cash deposits of Program-Wide Change for Pre-Shipment
Changes Since the Preliminary Results estimated countervailing duties at the Export Financing in Foreign Currency
Based on the comments received from rate of 7.66 percent ad valorem for and Adjustment of the Cash Deposit
Rate.
Jindal, SRF, and domestic interested Jindal and of 2.03 4 percent ad valorem
Comment 2: Whether The Department
parties Polyplex USA LLC and Flex for SRF of the entered value on Wrongly Countervailed Export
USA, we made the following changes to shipments of the subject merchandise Promotion Capital Goods Scheme
our rate calculations for Jindal and SRF: produced and exported by SRF, entered, (EPCGS) Benefits That Apply To Non-
We adjusted the cash deposit rates for or withdrawn from warehouse, for Subject Merchandise.
Jindal and SRF, as necessary, to exclude consumption on or after the date of Comment 3: Whether the Department Used
the foreign currency denominated pre- publication of the final results of this The Wrong Numerator To Calculate The
and post-export financing benefits. POR Benefit For The Status Holder
review. We intend to instruct CBP to Incentive Scheme (SHIS).
Further, we revised our allocation continue to collect cash deposits for Comment 4: Whether The Department
calculations and adjusted the numerator non-reviewed companies at the Made An Error In Calculating The POR
in our subsidy rate calulations for Jindal applicable company-specific Benefit for the SHIS.
with respect to the Status Holder countervailing duty rate for the most Comment 5: Whether The Value Added
Incentive Scheme (SHIS). For a recent period or the all-others rate Tax (VAT) And Central Sales Tax (CST)
discussion of these issues, see the Issues established in the investigation. These Refunds Under The Industrial Promotion
and Decision Memorandum. Subsidy (IPS) Of The State Government
cash deposit rates, when imposed, shall Of Maharashtra’s (SGOM) Package
Final Results of Administrative Review remain in effect until further notice. Scheme Of Incentives (PSI) Is
In accordance with section 777A(e)(1) Countervailable.
Administrative Protective Order
of the Tariff Act of 1930, as amended [FR Doc. 2015–04274 Filed 2–27–15; 8:45 am]
(the Act) and 19 CFR 351.221(b)(5), we This notice also serves as a final BILLING CODE 3510–DS–P
calculated individual ad valorem reminder to parties subject to an
subsidy rates for Jindal and SRF, for the administrative protective order (APO) of
POR for this administrative review. their responsibility concerning the DEPARTMENT OF COMMERCE
return or destruction of proprietary
Subsidy International Trade Administration
information disclosed under APO in
Manufacturer/exporter rate
(percent) accordance with 19 CFR 351.305(a)(3), Initiation of Five-Year (‘‘Sunset’’)
which continues to govern business Review
Jindal Poly Films Limited ............ 7.66 proprietary information in this segment
SRF Limited ................................ 2.03 of proceeding. Timely written AGENCY: Enforcement and Compliance,
notification of the return/destruction of International Trade Administration,
APO materials or conversion to judicial Department of Commerce.
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and protective order is hereby requested. SUMMARY: In accordance with section
Compliance, ‘‘Issues and Decision Memorandum for Failure to comply with the regulations 751(c) of the Tariff Act of 1930, as
the Final Results of Countervailing Duty
and terms of an APO is a violation amended (‘‘the Act’’), the Department of
Administrative Review: Polyethylene Terephthalate Commerce (‘‘the Department’’) is
Film, Sheet, and Strip (PET film) from India; 2012,’’ which is subject to sanction.
dated concurrently with this notice and herein automatically initiating the five-year
These final results are issued and review (‘‘Sunset Review’’) of the
incorporated by reference (Issues and Decision
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Memorandum). published in accordance with sections antidumping and countervailing duty
3 On November 24, 2014, Enforcement and 751(a)(1) and 777(i)(1) of the Act. (‘‘AD/CVD’’) orders listed below. The
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
International Trade Commission (‘‘the
Service System (‘‘IA ACCESS’’) to ACCESS. The Commission’’) is publishing
Web site location was changed from http://
4 These rates reflect the cash-deposit rates
concurrently with this notice its notice
iaaccess.trade.gov to http://access.trade.gov. The of Institution of Five-Year Review which
Final Rule changing the references to the adjusted for the termination of the pre- and post-
Regulations can be found at 79 FR 69046 shipment export financing program in foreign covers the same orders.
(November 20, 2014). currency. See 19 CFR 351.526(a). DATES: Effective (March 1, 2015).
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![11166 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
part 351 of the Department’s regulations 351.102(b), wishing to participate in a countervailing duty orders and findings
expires, or as otherwise specified by the Sunset Review must respond not later with January anniversary dates. In
Secretary. In general, an extension than 15 days after the date of accordance with the Department’s
request will be considered untimely if it publication in the Federal Register of regulations, we are initiating those
is filed after the time limit established this notice of initiation by filing a notice administrative reviews.
under part 351 expires. For submissions of intent to participate. The required DATES: Effective March 2, 2015.
which are due from multiple parties contents of the notice of intent to FOR FURTHER INFORMATION CONTACT:
simultaneously, an extension request participate are set forth at 19 CFR Brenda E. Waters, Office of AD/CVD
will be considered untimely if it is filed 351.218(d)(1)(ii). In accordance with the Operations, Customs Liaison Unit,
after 10:00 a.m. on the due date. Under Department’s regulations, if we do not Enforcement and Compliance,
certain circumstances, the Department receive a notice of intent to participate International Trade Administration,
may elect to specify a different time from at least one domestic interested U.S. Department of Commerce, 14th
limit by which extension requests will party by the 15-day deadline, the Street and Constitution Avenue NW.,
be considered untimely for submissions Department will automatically revoke Washington, DC 20230, telephone: (202)
which are due from multiple parties the order without further review.4 482–4735.
simultaneously. In such a case, the If we receive an order-specific notice
SUPPLEMENTARY INFORMATION:
Department will inform parties in the of intent to participate from a domestic
letter or memorandum setting forth the interested party, the Department’s Background
deadline (including a specified time) by regulations provide that all parties The Department has received timely
which extension requests must be filed wishing to participate in a Sunset requests, in accordance with 19 CFR
to be considered timely. This Review must file complete substantive 351.213(b), for administrative reviews of
modification also requires that an responses not later than 30 days after various antidumping and countervailing
extension request must be made in a the date of publication in the Federal duty orders and findings with January
separate, stand-alone submission, and Register of this notice of initiation. The anniversary dates.
clarifies the circumstances under which required contents of a substantive All deadlines for the submission of
the Department will grant untimely- response, on an order-specific basis, are various types of information,
filed requests for the extension of time set forth at 19 CFR 351.218(d)(3). Note certifications, or comments or actions by
limits. These modifications are effective that certain information requirements the Department discussed below refer to
for all segments initiated on or after differ for respondent and domestic the number of calendar days from the
October 21, 2013. Review the final rule, parties. Also, note that the Department’s applicable starting time.
available at http://www.gpo.gov/fdsys/ information requirements are distinct
pkg/FR-2013-09-20/html/2013- from the Commission’s information Notice of No Sales
22853.htm, prior to submitting factual requirements. Consult the Department’s If a producer or exporter named in
information in these segments. regulations for information regarding this notice of initiation had no exports,
Letters of Appearance and the Department’s conduct of Sunset sales, or entries during the period of
Administrative Protective Orders Reviews. Consult the Department’s review (‘‘POR’’), it must notify the
regulations at 19 CFR part 351 for Department within 30 days of
Pursuant to 19 CFR 351.103(d), the definitions of terms and for other publication of this notice in the Federal
Department will maintain and make general information concerning Register. All submissions must be filed
available a public service list for these antidumping and countervailing duty electronically at http://access.trade.gov
proceedings. Parties wishing to proceedings at the Department. in accordance with 19 CFR 351.303.1
participate in any of these five-year This notice of initiation is being Such submissions are subject to
reviews must file letters of appearance published in accordance with section verification in accordance with section
as discussed at 19 CFR 351.103(d)). To 751(c) of the Act and 19 CFR 351.218(c). 782(i) of the Tariff Act of 1930, as
facilitate the timely preparation of the
Dated: February 23, 2015. amended (‘‘the Act’’). Further, in
public service list, it is requested that
Christian Marsh, accordance with 19 CFR 351.303(f)(1)(i),
those seeking recognition as interested
Deputy Assistant Secretary for Antidumping a copy must be served on every party on
parties to a proceeding submit an entry
and Countervailing Duty Operations. the Department’s service list.
of appearance within 10 days of the
publication of the Notice of Initiation. [FR Doc. 2015–04300 Filed 2–27–15; 8:45 am] Respondent Selection
Because deadlines in Sunset Reviews BILLING CODE 3510–DS–P
In the event the Department limits the
can be very short, we urge interested
number of respondents for individual
parties who want access to proprietary
DEPARTMENT OF COMMERCE examination for administrative reviews,
information under administrative
the Department intends to select
protective order (‘‘APO’’) to file an APO
International Trade Administration respondents based on U.S. Customs and
application immediately following
Border Protection (‘‘CBP’’) data for U.S.
publication in the Federal Register of Initiation of Antidumping and imports during the POR. We intend to
this notice of initiation. The Countervailing Duty Administrative release the CBP data under
Department’s regulations on submission Reviews Administrative Protective Order
of proprietary information and
(‘‘APO’’) to all parties having an APO
asabaliauskas on DSK5VPTVN1PROD with NOTICES
eligibility to receive access to business AGENCY: Enforcement and Compliance,
within seven days of publication of this
proprietary information under APO can International Trade Administration,
initiation notice and to make our
be found at 19 CFR 351.304–306. Department of Commerce.
SUMMARY: The Department of Commerce
decision regarding respondent selection
Information Required From Interested (‘‘the Department’’) has received within 21 days of publication of this
Parties requests to conduct administrative 1 See Antidumping and Countervailing Duty
Domestic interested parties, as reviews of various antidumping and Proceedings: Electronic Filing Procedures;
defined in section 771(9)(C), (D), (E), (F), Administrative Protective Order Procedures, 76 FR
and (G) of the Act and 19 CFR 4 See 19 CFR 351.218(d)(1)(iii). 39263 (July 6, 2011).
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Document Created: 2015-12-18 12:07:30
Document Modified: 2015-12-18 12:07:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective (March 1, 2015). | |
| Contact | The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193. | |
| FR Citation | 80 FR 11164 |
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