80 FR 17388 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 62 (April 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 62 (April 1, 2015)
| Page Range | 17388-17390 | |
| FR Document | 2015-07500 |
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)] [Notices] [Pages 17388-17390] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07500] ----------------------------------------------------------------------- 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: April 1, 2015. 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 ITC Case No. Country Product Department contact ---------------------------------------------------------------------------------------------------------------- A-533-838....... 731-TA-1061............. India............. Carbazole Violet Jacqueline Arrowsmith, Pigment 23 (2nd (202) 482-5255. Review). [[Page 17389]] C-533-839....... 701-TA-437.............. India............. Carbazole Violet Jacqueline Arrowsmith, Pigment 23 (2nd (202) 482-5255. Review). A-560-822....... 731-TA-1156............. Indonesia......... Polyethylene Retail David Goldberger, (202) Carrier Bags (1st 482-4136. Review). A-557-813....... 731-TA-1044............. Malaysia.......... Polyethylene Retail David Goldberger, (202) Carrier Bags (2nd 482-4136. Review). A-570-892....... 731-TA-1060............. PRC............... CarbazoleViolet Pigment Jacqueline Arrowsmith, 23 (2nd Review). (202) 482-5255. A-570-002....... 731-TA-130.............. PRC............... Chloropicrin (4th Charles Riggle, (202) Review). 482-0650. A-570-895....... 731-TA-1070-A........... PRC............... Crepe Paper (2nd Charles Riggle, (202) Review). 482-0650. A-570-886....... 731-TA-1043............. PRC............... Polyethylene Retail David Goldberger, (202) Carrier Bags (2nd 482-4136. Review). A-583-843....... 731-TA-779.............. Taiwan............ Polyethylene Retail David Goldberger, (202) Carrier Bags (1st 482-4136. Review). A-549-821....... 731-TA-1045............. Thailand.......... Polyethylene Retail David Goldberger, (202) Carrier Bags (2nd 482-4136. Review). A-552-806....... 731-TA-1158............. Vietnam........... Polyethylene Retail David Goldberger, (202) Carrier Bags (1st 482-4136. Review). C-552-805....... 701-TA-462.............. Vietnam........... Polyethylene Retail Jacqueline Arrowsmith, Carrier Bags (1st (202) 482-5255. Review). ---------------------------------------------------------------------------------------------------------------- With respect to the orders on Polyethylene Retail Carrier Bags from China, Malaysia and Thailand, we have advanced the initiation date of these Sunset Reviews upon determining that initiation of the Sunset Reviews for all of the Polyethylene Retail Carrier Bags orders on the same date would promote administrative efficiency. 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 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 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 [[Page 17390]] 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: March 25, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-07500 Filed 3-31-15; 8:45 am] BILLING CODE 3510-DS-P
![17388 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
Upcoming Sunset Reviews for May of Initiation of Five-Year Sunset Review Sunset Review upon determining that
2015 (‘‘Sunset Review’’). With respect to the initiation of the Sunset Reviews for all
The following Sunset Reviews are countervailing duty order on Prestressed of the Prestressed Concrete Wire Strand
scheduled for initiation in May 2015 Concrete Wire Strand from China, we orders on the same date would promote
and will appear in that month’s Notice have advanced the initiation date of this administrative efficiency.
Antidumping duty proceedings Department contact
Barium Chloride from China (202) 482–0650 .............................................................................................. Charles Riggle (A–570–007) (4th Re-
view).
Floor-Standing Metal–Top Ironing Tables and Parts Thereof from China (202) 482–5255 ........................ Jacqueline Arrowsmith (A–570–888)
(2nd Review).
Prestressed Concrete Steel Wire Strand from China (202) 482–0650 ....................................................... Charles Riggle (A–570–945) (1st Re-
view).
Stainless Steel Wire Rod from Italy (A–475–820) (3rd Review) .................................................................. David Goldberger (202) 482–4136.
Stainless Steel Wire Rod from Japan (A–588–843) (3rd Review) .............................................................. David Goldberger (202) 482–4136.
Stainless Steel Wire Rod from Republic of Korea (A–580–829) (3rd Review) ........................................... David Goldberger (202) 482–4136.
Stainless Steel Wire Rod from Spain (A–469–807) (3rd Review) ............................................................... David Goldberger (202) 482–4136.
Stainless Steel Wire Rod from Taiwan (A–583–828) (3rd Review) ............................................................. David Goldberger (202) 482–4136.
Countervailing Duty Proceedings
Prestressed Concrete Steel Wire Strand from China (C–570–946) (1st Review) ....................................... David Goldberger (202) 482–4136.
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in May 2015.
The Department’s procedures for the Dated: March 25, 2015. Compliance, International Trade
conduct of Sunset Reviews are set forth Christian Marsh, Administration, U.S. Department of
in 19 CFR 351.218. The Notice of Deputy Assistant Secretary for Antidumping Commerce, 14th Street and Constitution
Initiation of Five-Year (‘‘Sunset’’) and Countervailing Duty Operations. Avenue NW., Washington, DC 20230.
Reviews provides further information [FR Doc. 2015–07498 Filed 3–31–15; 8:45 am] For information from the Commission
regarding what is required of all parties BILLING CODE 3510–DS–P contact Mary Messer, Office of
to participate in Sunset Reviews. Investigations, U.S. International Trade
Commission at (202) 205–3193.
Pursuant to 19 CFR 351.103(c), the DEPARTMENT OF COMMERCE
Department will maintain and make SUPPLEMENTARY INFORMATION:
available a service list for these International Trade Administration Background
proceedings. To facilitate the timely
preparation of the service list(s), it is Initiation of Five-Year (‘‘Sunset’’) The Department’s procedures for the
requested that those seeking recognition Review conduct of Sunset Reviews are set forth
as interested parties to a proceeding AGENCY: Enforcement and Compliance, in its Procedures for Conducting Five-
contact the Department in writing International Trade Administration, Year (‘‘Sunset’’) Reviews of
within 10 days of the publication of the Department of Commerce. Antidumping and Countervailing Duty
Notice of Initiation. SUMMARY: In accordance with section Orders, 63 FR 13516 (March 20, 1998)
751(c) of the Tariff Act of 1930, as and 70 FR 62061 (October 28, 2005).
Please note that if the Department
amended (‘‘the Act’’), the Department of Guidance on methodological or
receives a Notice of Intent to Participate
Commerce (‘‘the Department’’) is analytical issues relevant to the
from a member of the domestic industry Department’s conduct of Sunset
automatically initiating the five-year
within 15 days of the date of initiation, Reviews is set forth in Antidumping
review (‘‘Sunset Review’’) of the
the review will continue. Thereafter, antidumping and countervailing duty Proceedings: Calculation of the
any interested party wishing to (‘‘AD/CVD’’) orders listed below. The Weighted-Average Dumping Margin and
participate in the Sunset Review must International Trade Commission (‘‘the Assessment Rate in Certain
provide substantive comments in Commission’’) is publishing Antidumping Duty Proceedings; Final
response to the notice of initiation no concurrently with this notice its notice Modification, 77 FR 8101 (February 14,
later than 30 days after the date of of Institution of Five-Year Review which 2012).
initiation. covers the same orders.
Initiation of Review
This notice is not required by statute DATES: Effective: April 1, 2015.
but is published as a service to the FOR FURTHER INFORMATION CONTACT: The In accordance with 19 CFR
international trading community. Department official identified in the 351.218(c), we are initiating Sunset
mstockstill on DSK4VPTVN1PROD with NOTICES
Initiation of Review section below at Reviews of the following antidumping
AD/CVD Operations, Enforcement and and countervailing duty orders:
DOC ITC Case No. Country Product Department contact
A–533–838 731–TA–1061 ..... India ......................... Carbazole Violet Pigment 23 (2nd Re- Jacqueline Arrowsmith, (202) 482–5255.
view).
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![17390 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
which are due from multiple parties Department will automatically revoke FOR FURTHER INFORMATION CONTACT:
simultaneously. In such a case, the the order without further review.4 Alexander Montoro, AD/CVD
Department will inform parties in the If we receive an order-specific notice Operations, Office V, Enforcement and
letter or memorandum setting forth the of intent to participate from a domestic Compliance, International Trade
deadline (including a specified time) by interested party, the Department’s Administration, U.S. Department of
which extension requests must be filed regulations provide that all parties Commerce, 14th Street and Constitution
to be considered timely. This wishing to participate in a Sunset Avenue NW., Washington, DC 20230;
modification also requires that an Review must file complete substantive telephone: 202–482–0238.
extension request must be made in a responses not later than 30 days after SUPPLEMENTARY INFORMATION:
separate, stand-alone submission, and the date of publication in the Federal
clarifies the circumstances under which Register of this notice of initiation. The Background
the Department will grant untimely- required contents of a substantive The AD order on fish fillets from
filed requests for the extension of time response, on an order-specific basis, are Vietnam was published in the Federal
limits. These modifications are effective set forth at 19 CFR 351.218(d)(3). Note Register on August 12, 2003.1 On
for all segments initiated on or after that certain information requirements February 27, 2015, pursuant to section
October 21, 2013. Review the final rule, differ for respondent and domestic 751(a)(2)(B)(i) of the Tariff Act of 1930,
available at http://www.gpo.gov/fdsys/ parties. Also, note that the Department’s as amended (‘‘the Act’’), and 19 CFR
pkg/FR-2013-09-20/html/2013- information requirements are distinct 351.214(b), the Department received an
22853.htm, prior to submitting factual from the Commission’s information NSR request from Hai Huong Seafood
information in these segments. requirements. Consult the Department’s Joint Stock Company (‘‘HHFISH’’).2
regulations for information regarding HHFISH certified that it is a producer
Letters of Appearance and and exporter of the subject merchandise
the Department’s conduct of Sunset
Administrative Protective Orders and that it exported, or sold for export,
Reviews. Consult the Department’s
Pursuant to 19 CFR 351.103(d), the regulations at 19 CFR part 351 for subject merchandise to the United
Department will maintain and make definitions of terms and for other States.3
available a public service list for these general information concerning Pursuant to section 751(a)(2)(B)(i)(I) of
proceedings. Parties wishing to antidumping and countervailing duty the Act and 19 CFR 351.214(b)(2)(i),
participate in any of these five-year proceedings at the Department. HHFISH certified that it did not export
reviews must file letters of appearance This notice of initiation is being subject merchandise to the United
as discussed at 19 CFR 351.103(d)). To published in accordance with section States during the period of investigation
facilitate the timely preparation of the 751(c) of the Act and 19 CFR 351.218(c). (‘‘POI’’).4 In addition, pursuant to
public service list, it is requested that section 751(a)(2)(B)(i)(II) of the Act and
Dated: March 25, 2015.
those seeking recognition as interested 19 CFR 351.214(b)(2)(iii)(A), HHFISH
Christian Marsh,
parties to a proceeding submit an entry certified that, since the initiation of the
Deputy Assistant Secretary for Antidumping investigation, it has never been affiliated
of appearance within 10 days of the and Countervailing Duty Operations.
publication of the Notice of Initiation. with any Vietnamese exporter or
[FR Doc. 2015–07500 Filed 3–31–15; 8:45 am] producer who exported subject
Because deadlines in Sunset Reviews
can be very short, we urge interested
BILLING CODE 3510–DS–P merchandise to the United States during
parties who want access to proprietary the POI, including those respondents
information under administrative not individually examined during the
DEPARTMENT OF COMMERCE investigation.5 As required by 19 CFR
protective order (‘‘APO’’) to file an APO
application immediately following International Trade Administration 351.214(b)(2)(iii)(B), HHFISH also
publication in the Federal Register of certified that its export activities were
this notice of initiation. The [A–552–801] not controlled by the central
Department’s regulations on submission government of Vietnam.6
Certain Frozen Fish Fillets From the In addition to the certifications
of proprietary information and Socialist Republic of Vietnam:
eligibility to receive access to business described above, pursuant to 19 CFR
Initiation of Antidumping Duty New 351.214(b)(2)(iv), HHFISH submitted
proprietary information under APO can Shipper Review; 2014–2015
be found at 19 CFR 351.304–306. documentation establishing the
AGENCY: Enforcement and Compliance, following: (1) The date on which it first
Information Required From Interested shipped subject merchandise for export
International Trade Administration,
Parties to the United States; (2) the volume of
Department of Commerce.
Domestic interested parties, as its first shipment; and (3) the date of its
DATES: Effective April 1, 2015.
defined in section 771(9)(C), (D), (E), (F), first sale to an unaffiliated customer in
SUMMARY: The Department of Commerce
and (G) of the Act and 19 CFR the United States.7
(‘‘the Department’’) received a timely Finally, the Department conducted a
351.102(b), wishing to participate in a request for a new shipper review
Sunset Review must respond not later U.S. Customs and Border Protection
(‘‘NSR’’) of the antidumping duty (‘‘CBP’’) database query and confirmed
than 15 days after the date of (‘‘AD’’) order on certain frozen fish
publication in the Federal Register of fillets (‘‘fish fillets’’) from the Socialist 1 See Notice of Antidumping Duty Order: Certain
this notice of initiation by filing a notice Republic of Vietnam (‘‘Vietnam’’). The Frozen Fish Fillets From the Socialist Republic of
of intent to participate. The required
mstockstill on DSK4VPTVN1PROD with NOTICES
Department determines that the request Vietnam, 68 FR 47909 (August 12, 2003).
contents of the notice of intent to meets the statutory and regulatory 2 See Letter from HHFISH, ‘‘Frozen Fish Fillets
participate are set forth at 19 CFR requirements for initiation. The period from Vietnam—Request for New Shipper Review,’’
351.218(d)(1)(ii). In accordance with the dated February 27, 2015.
of review (‘‘POR’’) for this NSR is 3 Id. at 2 and at Exhibit 2.
Department’s regulations, if we do not August 1, 2014, through January 31, 4 Id.
receive a notice of intent to participate 2015. 5 Id.
from at least one domestic interested 6 Id.
party by the 15-day deadline, the 4 See 19 CFR 351.218(d)(1)(iii). 7 Id. at Exhibit 1.
VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1](https://thefederalregister.org/doc/80_FR_17450/page/3.svg)
Document Created: 2015-12-18 11:04:46
Document Modified: 2015-12-18 11:04:46
| 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: April 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 17388 |
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