80_FR_31116 80 FR 31012 - Initiation of Five-Year (“Sunset”) Review

80 FR 31012 - Initiation of Five-Year (“Sunset”) Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range31012-31013
FR Document2015-13111

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.

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015) 
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31012-31013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13111]


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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: (June 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 case No.               ITC case No.             Country              Product       Department contact
----------------------------------------------------------------------------------------------------------------
A-570-962................  731-TA-1173.............  PRC................  Potassium           Matthew Renkey
                                                                           Phosphate Salts     (202) 482-2312.
                                                                           (1st Review).
C-570-963................  701-TA-473..............  PRC................  Potassium           Jacqueline
                                                                           Phosphate Salts     Arrowsmith (202)
                                                                           (1st Review).       482-5255.
A-570-947................  731-TA-1161.............  PRC................  Steel Grating (1st  Matthew Renkey
                                                                           Review).            (202) 482-2312.
C-570-948................  701-TA-465..............  PRC................  Steel Grating (1st  Jacqueline
                                                                           Review).            Arrowsmith (202)
                                                                                               482-5255.
A-570-894................  731-TA-1070B............  PRC................  Tissue Paper        David Goldberger
                                                                           Products (2nd       (202) 482-4136.
                                                                           Review).
----------------------------------------------------------------------------------------------------------------

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\
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    \1\ See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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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/

[[Page 31013]]

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.
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    \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)).
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    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 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\
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    \4\ See 19 CFR 351.218(d)(1)(iii).
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    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: May 18, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-13111 Filed 5-29-15; 8:45 am]
 BILLING CODE 3510-DS-P

31012 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 4. Report on the June Conference by the delegate of the General Counsel, concurrently with this notice its notice the Association of University Export formally determined on February 25, of Institution of Five-Year Review which Control Officials Review and discussion 2015, pursuant to Section 10(d) of the covers the same orders. of new Export Control Reform Initiative Federal Advisory Committee Act, as DATES: Effective Date: (June 1, 2015). Activities. amended, that the portion of the 5. Comments from the Public. meeting dealing with matters the of FOR FURTHER INFORMATION CONTACT: The 6. Reports from ETRAC Committee which would be likely to frustrate Department official identified in the members of their assigned Categories in significantly implementation of a Initiation of Review section below at reviewing the Export Administration proposed agency action as described in AD/CVD Operations, Enforcement and Regulations. 5 U.S.C. 552b(c)(9)(B) shall be exempt Compliance, International Trade 7. Report on Air Force Office of from the provisions relating to public Administration, U.S. Department of Scientific Research-recent international meetings found in 5 U.S.C. app. 2 Commerce, 14th Street and Constitution technologies exchange meeting & §§ 10(a)1 and 10(a)(3). The remaining Avenue NW., Washington, DC 20230. Emerging Technologies under portions of the meeting will be open to For information from the Commission consideration. the public. contact Mary Messer, Office of Friday, June 19 For more information, call Yvette Investigations, U.S. International Trade Springer at (202) 482–2813. Commission at (202) 205–3193. Closed Session Dated: May 26, 2015. SUPPLEMENTARY INFORMATION: 8. Discussion of matters determined to Yvette Springer, be exempt from the provisions relating Background Committee Liaison Officer. to public meetings found in 5 U.S.C. [FR Doc. 2015–13130 Filed 5–29–15; 8:45 am] The Department’s procedures for the app. 2 §§ 10(a)(1) and 10(a)(3). The open sessions will be accessible BILLING CODE 3510–JT–P conduct of Sunset Reviews are set forth via teleconference to 25 participants on in its Procedures for Conducting Five- a first come, first serve basis. To join the Year (‘‘Sunset’’) Reviews of conference, submit inquiries to Ms. DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty Yvette Springer at Yvette.Springer@ Orders, 63 FR 13516 (March 20, 1998) International Trade Administration and 70 FR 62061 (October 28, 2005). bis.doc.gov no later than, June 11, 2015. A limited number of seats will be Guidance on methodological or Initiation of Five-Year (‘‘Sunset’’) analytical issues relevant to the available for the public session. Review Reservations are not accepted. To the Department’s conduct of Sunset extent that time permits, members of the AGENCY: Enforcement and Compliance, Reviews is set forth in Antidumping public may present oral statements to International Trade Administration, Proceedings: Calculation of the the Committee. The public may submit Department of Commerce. Weighted-Average Dumping Margin and written statements at any time before or SUMMARY: In accordance with section Assessment Rate in Certain after the meeting. However, to facilitate 751(c) of the Tariff Act of 1930, as Antidumping Duty Proceedings; Final the distribution of public presentation amended (‘‘the Act’’), the Department of Modification, 77 FR 8101 (February 14, materials to the Committee members, Commerce (‘‘the Department’’) is 2012). the Committee suggests that presenters automatically initiating the five-year Initiation of Review forward the public presentation review (‘‘Sunset Review’’) of the materials prior to the meeting to Ms. antidumping and countervailing duty In accordance with 19 CFR Springer via email. (‘‘AD/CVD’’) orders listed below. The 351.218(c), we are initiating Sunset The Assistant Secretary for International Trade Commission (‘‘the Reviews of the following antidumping Administration, with the concurrence of Commission’’) is publishing and countervailing duty orders: DOC case No. ITC case No. Country Product Department contact A–570–962 ......... 731–TA–1173 ..... PRC ............. Potassium Phosphate Salts (1st Review) .. Matthew Renkey (202) 482–2312. C–570–963 ......... 701–TA–473 ....... PRC ............. Potassium Phosphate Salts (1st Review) .. Jacqueline Arrowsmith (202) 482–5255. A–570–947 ......... 731–TA–1161 ..... PRC ............. Steel Grating (1st Review) ......................... Matthew Renkey (202) 482–2312. C–570–948 ......... 701–TA–465 ....... PRC ............. Steel Grating (1st Review) ......................... Jacqueline Arrowsmith (202) 482–5255. A–570–894 ......... 731–TA–1070B .. PRC ............. Tissue Paper Products (2nd Review) ........ David Goldberger (202) 482–4136. Filing Information must be filed in accordance with the Revised Factual Information Department’s regulations regarding Requirements As a courtesy, we are making format, translation, and service of information related to sunset documents. These rules, including This notice serves as a reminder that proceedings, including copies of the electronic filing requirements via any party submitting factual information pertinent statute and Department’s in an AD/CVD proceeding must certify Enforcement and Compliance’s regulations, the Department’s schedule to the accuracy and completeness of that Antidumping and Countervailing Duty Lhorne on DSK2VPTVN1PROD with NOTICES for Sunset Reviews, a listing of past information.2 Parties are hereby revocations and continuations, and Centralized Electronic Service System (‘‘ACCESS’’), can be found at 19 CFR reminded that revised certification current service lists, available to the requirements are in effect for company/ public on the Department’s Web site at 351.303.1 the following address: ‘‘http:// Administrative Protective Order Procedures, 76 FR enforcement.trade.gov/sunset/.’’ All 1 See also Antidumping and Countervailing Duty 39263 (July 6, 2011). submissions in these Sunset Reviews Proceedings: Electronic Filing Procedures; 2 See section 782(b) of the Act. VerDate Sep<11>2014 14:50 May 29, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31013 government officials as well as their Revised Extension of Time Limits publication in the Federal Register of representatives in all AD/CVD Regulation this notice of initiation. The investigations or proceedings initiated On September 20, 2013, the Department’s regulations on submission on or after August 16, 2013.3 The Department modified its regulation at 19 of proprietary information and formats for the revised certifications are CFR 351.302(c) concerning the eligibility to receive access to business provided at the end of the Final Rule. extension of time limits for submissions proprietary information under APO can The Department intends to reject factual in antidumping and countervailing duty be found at 19 CFR 351.304–306. submissions if the submitting party does proceedings: Extension of Time Limits, not comply with the revised Information Required From Interested 78 FR 57790 (September 20, 2013). The Parties certification requirements. modification clarifies that parties may On April 10, 2013, the Department request an extension of time limits Domestic interested parties, as published Definition of Factual before a time limit established under defined in section 771(9)(C), (D), (E), (F), Information and Time Limits for part 351 of the Department’s regulations and (G) of the Act and 19 CFR Submission of Factual Information: expires, or as otherwise specified by the 351.102(b), wishing to participate in a Final Rule, 78 FR 21246 (April 10, Secretary. In general, an extension Sunset Review must respond not later 2013), which modified two regulations request will be considered untimely if it than 15 days after the date of related to antidumping and is filed after the time limit established publication in the Federal Register of countervailing duty proceedings: the under part 351 expires. For submissions this notice of initiation by filing a notice definition of factual information (19 which are due from multiple parties of intent to participate. The required CFR 351.102(b)(21), and the time limits simultaneously, an extension request contents of the notice of intent to for the submission of factual will be considered untimely if it is filed participate are set forth at 19 CFR information (19 CFR 351.301). The final after 10:00 a.m. on the due date. Under 351.218(d)(1)(ii). In accordance with the rule identifies five categories of factual certain circumstances, the Department Department’s regulations, if we do not information in 19 CFR 351.102(b)(21), may elect to specify a different time receive a notice of intent to participate which are summarized as follows: (i) limit by which extension requests will from at least one domestic interested Evidence submitted in response to be considered untimely for submissions which are due from multiple parties party by the 15-day deadline, the questionnaires; (ii) evidence submitted Department will automatically revoke in support of allegations; (iii) publicly simultaneously. In such a case, the Department will inform parties in the the order without further review.4 available information to value factors under 19 CFR 351.408(c) or to measure letter or memorandum setting forth the If we receive an order-specific notice the adequacy of remuneration under 19 deadline (including a specified time) by of intent to participate from a domestic CFR 351.511(a)(2); (iv) evidence placed which extension requests must be filed interested party, the Department’s on the record by the Department; and (v) to be considered timely. This regulations provide that all parties evidence other than factual information modification also requires that an wishing to participate in a Sunset described in (i)–(iv). The final rule extension request must be made in a Review must file complete substantive requires any party, when submitting separate, stand-alone submission, and responses not later than 30 days after factual information, to specify under clarifies the circumstances under which the date of publication in the Federal which subsection of 19 CFR the Department will grant untimely- Register of this notice of initiation. The 351.102(b)(21) the information is being filed requests for the extension of time required contents of a substantive submitted and, if the information is limits. These modifications are effective response, on an order-specific basis, are submitted to rebut, clarify, or correct for all segments initiated on or after set forth at 19 CFR 351.218(d)(3). Note factual information already on the October 21, 2013. Review the final rule, that certain information requirements record, to provide an explanation available at http://www.gpo.gov/fdsys/ differ for respondent and domestic identifying the information already on pkg/FR-2013-09-20/html/2013- parties. Also, note that the Department’s the record that the factual information 22853.htm, prior to submitting factual information requirements are distinct seeks to rebut, clarify, or correct. The information in these segments. from the Commission’s information final rule also modified 19 CFR 351.301 Letters of Appearance and requirements. Consult the Department’s so that, rather than providing general Administrative Protective Orders regulations for information regarding time limits, there are specific time limits the Department’s conduct of Sunset Pursuant to 19 CFR 351.103(d), the based on the type of factual information Reviews. Consult the Department’s Department will maintain and make being submitted. These modifications regulations at 19 CFR part 351 for available a public service list for these are effective for all segments initiated on definitions of terms and for other proceedings. Parties wishing to or after May 10, 2013. Review the final general information concerning participate in any of these five-year rule, available at http:// reviews must file letters of appearance antidumping and countervailing duty enforcement.trade.gov/frn/2013/ as discussed at 19 CFR 351.103(d)). To proceedings at the Department. 1304frn/2013-08227.txt, prior to facilitate the timely preparation of the This notice of initiation is being submitting factual information in this public service list, it is requested that published in accordance with section segment. To the extent that other those seeking recognition as interested 751(c) of the Act and 19 CFR 351.218(c). regulations govern the submission of parties to a proceeding submit an entry factual information in a segment (such Dated: May 18, 2015. of appearance within 10 days of the as 19 CFR 351.218), these time limits Christian Marsh, Lhorne on DSK2VPTVN1PROD with NOTICES publication of the Notice of Initiation. will continue to be applied. Because deadlines in Sunset Reviews Deputy Assistant Secretary for Antidumping can be very short, we urge interested and Countervailing Duty Operations. 3 See Certification of Factual Information To parties who want access to proprietary [FR Doc. 2015–13111 Filed 5–29–15; 8:45 am] Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July information under administrative BILLING CODE 3510–DS–P 17, 2013) (‘‘Final Rule’’) (amending 19 CFR protective order (‘‘APO’’) to file an APO 351.303(g)). application immediately following 4 See 19 CFR 351.218(d)(1)(iii). VerDate Sep<11>2014 14:50 May 29, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 E:\FR\FM\01JNN1.SGM 01JNN1


Document Created: 2015-12-15 15:18:27
Document Modified: 2015-12-15 15:18:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactThe 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 Citation80 FR 31012 
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