80 FR 24900 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 84 (May 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 84 (May 1, 2015)
| Page Range | 24900-24902 | |
| FR Document | 2015-10244 |
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)] [Notices] [Pages 24900-24902] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10244] ----------------------------------------------------------------------- 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 Date: May 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: ---------------------------------------------------------------------------------------------------------------- Department DOC case No. ITC case No. Country Product contact ---------------------------------------------------------------------------------------------------------------- A-475-820............. 731-TA-770............ Italy....................... Stainless Steel David Goldberger Wire Rod (3rd (202) 482-4136. Review). A-588-843............. 731-TA-771............ Japan....................... Stainless Steel David Goldberger Wire Rod (3rd (202) 482-4136. Review). A-580-829............. 731-TA-772............ Republic of Korea........... Stainless Steel David Goldberger Wire Rod (3rd (202) 482-4136. Review). A-570-007............. 731-TA-149............ PRC......................... Barium Chloride Matthew Renkey (4th Review). (202) 482-2312. A-570-888............. 731-TA-1047........... PRC......................... Floor-Standing Jacqueline Metal Top Arrowsmith Ironing Tables (202) 482-5255. and Parts Thereof (2nd Review). A-570-945............. 731-TA-1160........... PRC......................... Prestressed Matthew Renkey Concrete Steel (202) 482-2312. Wire Strand (1st Review). [[Page 24901]] C-570-946............. 701-TA-464............ PRC......................... Prestressed David Goldberger Concrete Steel (202) 482-4136. Wire Strand (1st Review). A-469-807............. 731-TA-773............ Spain....................... Stainless Steel David Goldberger Wire Rod (3rd (202) 482-4136. Review). A-583-828............. 731-TA-775............ Taiwan...................... Stainless Steel David Goldberger Wire Rod (3rd (202) 482-4136. Review). ---------------------------------------------------------------------------------------------------------------- With respect to the countervailing duty order on Prestressed Concrete Steel Wire Strand from China, we have advanced the initiation date of this Sunset Review upon determining that initiation of the Sunset Reviews for both of the Prestressed Concrete Steel Wire Strand 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 10:00 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 [[Page 24902]] 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: April 22, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-10244 Filed 4-30-15; 8:45 am] BILLING CODE 3510-DS-P
![24900 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices
Proceedings and Conditional Review of on the petitioner and each exporter or SUMMARY: In accordance with section
the Nonmarket Economy Entity in NME producer specified in the request. 751(c) of the Tariff Act of 1930, as
Antidumping Duty Proceedings, 78 FR The Department will publish in the amended (‘‘the Act’’), the Department of
65963 (November 4, 2013), the Federal Register a notice of ‘‘Initiation Commerce (‘‘the Department’’) is
Department clarified its practice with of Administrative Review of automatically initiating the five-year
regard to the conditional review of the Antidumping or Countervailing Duty review (‘‘Sunset Review’’) of the
non-market economy (NME) entity in Order, Finding, or Suspended antidumping and countervailing duty
administrative reviews of antidumping Investigation’’ for requests received by (‘‘AD/CVD’’) orders listed below. The
duty orders. The Department will no the last day of May 2015. If the International Trade Commission (‘‘the
longer consider the NME entity as an Department does not receive, by the last Commission’’) is publishing
exporter conditionally subject to day of May 2015, a request for review concurrently with this notice its notice
administrative reviews. Accordingly, of entries covered by an order, finding, of Institution of Five-Year Review which
the NME entity will not be under review or suspended investigation listed in this covers the same orders.
unless the Department specifically notice and for the period identified
DATES: Effective Date: May 1, 2015.
receives a request for, or self-initiates, a above, the Department will instruct CBP
review of the NME entity.3 In to assess antidumping or countervailing FOR FURTHER INFORMATION CONTACT: The
administrative reviews of antidumping duties on those entries at a rate equal to Department official identified in the
duty orders on merchandise from NME the cash deposit of (or bond for) Initiation of Review section below at
countries where a review of the NME estimated antidumping or AD/CVD Operations, Enforcement and
entity has not been initiated, but where countervailing duties required on those Compliance, International Trade
an individual exporter for which a entries at the time of entry, or Administration, U.S. Department of
review was initiated does not qualify for withdrawal from warehouse, for Commerce, 14th Street and Constitution
a separate rate, the Department will consumption and to continue to collect Avenue NW., Washington, DC 20230.
issue a final decision indicating that the the cash deposit previously ordered. For information from the Commission
company in question is part of the NME For the first administrative review of contact Mary Messer, Office of
entity. However, in that situation, any order, there will be no assessment Investigations, U.S. International Trade
because no review of the NME entity of antidumping or countervailing duties Commission at (202) 205–3193.
was conducted, the NME entity’s entries on entries of subject merchandise SUPPLEMENTARY INFORMATION:
were not subject to the review and the entered, or withdrawn from warehouse,
for consumption during the relevant Background
rate for the NME entity is not subject to
change as a result of that review provisional-measures ‘‘gap’’ period of The Department’s procedures for the
(although the rate for the individual the order, if such a gap period is conduct of Sunset Reviews are set forth
exporter may change as a function of the applicable to the period of review. in its Procedures for Conducting Five-
finding that the exporter is part of the This notice is not required by statute Year (‘‘Sunset’’) Reviews of
NME entity). but is published as a service to the Antidumping and Countervailing Duty
Following initiation of an international trading community. Orders, 63 FR 13516 (March 20, 1998)
antidumping administrative review Dated: April 22, 2015. and 70 FR 62061 (October 28, 2005).
when there is no review requested of the Christian Marsh, Guidance on methodological or
NME entity, the Department will Deputy Assistant Secretary for Antidumping analytical issues relevant to the
instruct CBP to liquidate entries for all and Countervailing Duty Operations. Department’s conduct of Sunset
exporters not named in the initiation [FR Doc. 2015–10225 Filed 4–30–15; 8:45 am] Reviews is set forth in Antidumping
notice, including those that were BILLING CODE 3510–DS–P Proceedings: Calculation of the
suspended at the NME entity rate. Weighted-Average Dumping Margin and
All requests must be filed Assessment Rate in Certain
electronically in Enforcement and DEPARTMENT OF COMMERCE Antidumping Duty Proceedings; Final
Compliance’s Antidumping and Modification, 77 FR 8101 (February 14,
Countervailing Duty Centralized International Trade Administration 2012).
Electronic Service System (‘‘ACCESS’’)
Initiation of Five-Year (‘‘Sunset’’) Initiation of Review
on Enforcement and Compliance’s
Review
ACCESS Web site at http:// In accordance with 19 CFR
access.trade.gov.4 Further, in AGENCY: Enforcement and Compliance, 351.218(c), we are initiating Sunset
accordance with 19 CFR 351.303(f)(l)(i), International Trade Administration, Reviews of the following antidumping
a copy of each request must be served Department of Commerce. and countervailing duty orders:
DOC case No. ITC case No. Country Product Department contact
A–475–820 ........ 731–TA–770 ..... Italy ............................ Stainless Steel Wire Rod (3rd Review) David Goldberger (202) 482–4136.
A–588–843 ........ 731–TA–771 ..... Japan ......................... Stainless Steel Wire Rod (3rd Review) David Goldberger (202) 482–4136.
A–580–829 ........ 731–TA–772 ..... Republic of Korea ...... Stainless Steel Wire Rod (3rd Review) David Goldberger (202) 482–4136.
A–570–007 ........ 731–TA–149 ..... PRC ........................... Barium Chloride (4th Review) ............... Matthew Renkey (202) 482–2312.
A–570–888 ........ 731–TA–1047 ... PRC ........................... Floor-Standing Metal Top Ironing Ta- Jacqueline Arrowsmith (202) 482–5255.
mstockstill on DSK4VPTVN1PROD with NOTICES
bles and Parts Thereof (2nd Review).
A–570–945 ........ 731–TA–1160 ... PRC ........................... Prestressed Concrete Steel Wire Matthew Renkey (202) 482–2312.
Strand (1st Review).
3 In accordance with 19 CFR 351.213(b)(1), parties the extent possible, include the names of such 4 See Antidumping and Countervailing Duty
should specify that they are requesting a review of exporters in their request. Proceedings: Electronic Filing Procedures;
entries from exporters comprising the entity, and to Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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![24902 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices
application immediately following DEPARTMENT OF COMMERCE In compliance with the National
publication in the Federal Register of Environmental Policy Act of 1969 (42
this notice of initiation. The National Oceanic and Atmospheric U.S.C. 4321 et seq.), a final
Department’s regulations on submission Administration determination has been made that the
of proprietary information and activity proposed is categorically
eligibility to receive access to business RIN 0648–XD711 excluded from the requirement to
proprietary information under APO can prepare an environmental assessment or
be found at 19 CFR 351.304–306. Marine Mammals; File No. 18881 environmental impact statement.
Information Required From Interested AGENCY: National Marine Fisheries Dated: April 28, 2015.
Parties Service (NMFS), National Oceanic and Julia Harrison,
Atmospheric Administration (NOAA), Chief, Permits and Conservation Division,
Domestic interested parties, as Commerce. Office of Protected Resources, National
defined in section 771(9)(C), (D), (E), (F), ACTION: Notice; issuance of permit. Marine Fisheries Service.
and (G) of the Act and 19 CFR [FR Doc. 2015–10185 Filed 4–30–15; 8:45 am]
351.102(b), wishing to participate in a SUMMARY: Notice is hereby given that a BILLING CODE 3510–22–P
Sunset Review must respond not later permit has been issued to Texas Sealife
than 15 days after the date of Center, 14220 South Padre Island Drive,
publication in the Federal Register of Corpus Christi, TX 78418, [Responsible DEPARTMENT OF COMMERCE
this notice of initiation by filing a notice Party: Tim Tristan] to conduct research
of intent to participate. The required on bottlenose dolphins (Tursiops National Oceanic and Atmospheric
contents of the notice of intent to truncatus). Administration
participate are set forth at 19 CFR ADDRESSES: The permit and related RIN 0648–XD924
351.218(d)(1)(ii). In accordance with the documents are available for review
Department’s regulations, if we do not upon written request or by appointment Pacific Fishery Management Council;
receive a notice of intent to participate in the Permits and Conservation Public Meeting
from at least one domestic interested Division, Office of Protected Resources, AGENCY: National Marine Fisheries
party by the 15-day deadline, the NMFS, 1315 East-West Highway, Room Service (NMFS), National Oceanic and
Department will automatically revoke 13705, Silver Spring, MD 20910; phone Atmospheric Administration (NOAA),
the order without further review.4 (301) 427–8401; fax (301) 713–0376. Commerce.
If we receive an order-specific notice FOR FURTHER INFORMATION CONTACT: ACTION: Notice of public meeting via
of intent to participate from a domestic Amy Hapeman or Howard Goldstein, webinar.
interested party, the Department’s (301) 427–8401.
regulations provide that all parties SUMMARY: The Pacific Fishery
SUPPLEMENTARY INFORMATION: On
wishing to participate in a Sunset Management Council (Pacific Council)
February 13, 2015, notice was published
Review must file complete substantive will convene a webinar meeting of its
in the Federal Register (80 FR 8060)
responses not later than 30 days after Coastal Pelagic Species Management
that a request for a permit to conduct
the date of publication in the Federal Team (CPSMT). Information on how to
research on the species identified above
Register of this notice of initiation. The participate will be posted to the Pacific
had been submitted by the above-named
required contents of a substantive Council’s Web site (www.pcouncil.org)
applicant. The requested permit has
response, on an order-specific basis, are in advance of the webinar.
been issued under the authority of the
set forth at 19 CFR 351.218(d)(3). Note Marine Mammal Protection Act of 1972, DATES: The webinar meeting will be
that certain information requirements as amended (16 U.S.C. 1361 et seq.), and held Wednesday, May 20, 2015, from 9
differ for respondent and domestic the regulations governing the taking and a.m. to 11 a.m. Pacific Daylight Time.
parties. Also, note that the Department’s importing of marine mammals (50 CFR ADDRESSES: A listening station will be
information requirements are distinct part 216). available at the Pacific Council office:
from the Commission’s information The applicant has been issued a 7700 NE Ambassador Place, Suite 101,
requirements. Consult the Department’s permit to conduct research on Portland, OR 97220.
regulations for information regarding bottlenose dolphins in the bay, sound, FOR FURTHER INFORMATION CONTACT:
the Department’s conduct of Sunset estuary and near-shore coastal waters of Kerry Griffin, Staff Officer; telephone:
Reviews. Consult the Department’s Texas in the northwestern Gulf of (503) 820–2409.
regulations at 19 CFR part 351 for Mexico. The purpose of the research is SUPPLEMENTARY INFORMATION: The
definitions of terms and for other to: (1) Develop and maintain primary purpose of the meeting is to
general information concerning standardized photo-identification discuss agenda items on the June 2015
antidumping and countervailing duty catalogs; (2) characterize fine-scale Pacific Council meeting, plan for
proceedings at the Department. population structure and dynamics; (3) completion of the Stock Assessment and
This notice of initiation is being estimate abundance for strategic stocks; Fishery Evaluation (SAFE) document,
published in accordance with section (4) establish baseline patterns of and discuss future meeting plans.
751(c) of the Act and 19 CFR 351.218(c). distribution, habitat use, site-fidelity, Action will be restricted to those
Dated: April 22, 2015. diet, and contaminant loads; (5) analyze issues specifically listed in this notice
mstockstill on DSK4VPTVN1PROD with NOTICES
dolphin behavior in relation to and any issues arising after publication
Christian Marsh,
anthropogenic activities; and (6) of this notice that require emergency
Deputy Assistant Secretary for Antidumping identify potential risks to the action under section 305(c) of the
and Countervailing Duty Operations. population. Researchers may conduct Magnuson-Stevens Fishery
[FR Doc. 2015–10244 Filed 4–30–15; 8:45 am] vessel surveys for photographic Conservation and Management Act,
BILLING CODE 3510–DS–P identification, focal follows, behavioral provided the public has been notified of
observation, and biopsy sampling. The the CPSMT’s and CPSAS’s intent to take
4 See 19 CFR 351.218(d)(1)(iii). permit is valid through April 30, 2020. final action to address the emergency.
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Document Created: 2018-02-21 10:21:10
Document Modified: 2018-02-21 10:21:10
| 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 Date: May 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 24900 |
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