80 FR 52743 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 169 (September 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52743-52745 | |
| FR Document | 2015-21633 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Notices] [Pages 52743-52745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21633] ----------------------------------------------------------------------- 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 September 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) [[Page 52744]] 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-570-898............... 731-TA-1082.......... PRC.................... Chlorinated Jacqueline Isocyanurates Arrowsmith, (202) (2nd Review). 482-5255. A-570-001............... 731-TA-125........... PRC.................... Potassium Matthew Renkey, Permanganate (4th (202) 482-2312. Review). A-469-814............... 731-TA-1083.......... Spain.................. Chlorinated Jacqueline Isocyanurates Arrowsmith, (202) (2nd Review). 482-5255. ---------------------------------------------------------------------------------------------------------------- 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 [[Page 52745]] 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: August 20, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-21633 Filed 8-31-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices 52743
for the Secretary to review sales of review of the NME entity.3 In consumption and to continue to collect
merchandise by an exporter (or a administrative reviews of antidumping the cash deposit previously ordered.
producer if that producer also exports duty orders on merchandise from NME For the first administrative review of
merchandise from other suppliers) countries where a review of the NME any order, there will be no assessment
which was produced in more than one entity has not been initiated, but where of antidumping or countervailing duties
country of origin and each country of an individual exporter for which a on entries of subject merchandise
origin is subject to a separate order, then review was initiated does not qualify for entered, or withdrawn from warehouse,
the interested party must state a separate rate, the Department will for consumption during the relevant
specifically, on an order-by-order basis, issue a final decision indicating that the provisional-measures ‘‘gap’’ period of
which exporter(s) the request is company in question is part of the NME the order, if such a gap period is
intended to cover. entity. However, in that situation, applicable to the period of review.
Note that, for any party the because no review of the NME entity This notice is not required by statute
Department was unable to locate in was conducted, the NME entity’s entries but is published as a service to the
prior segments, the Department will not were not subject to the review and the international trading community.
accept a request for an administrative rate for the NME entity is not subject to Dated: August 25, 2015.
review of that party absent new change as a result of that review Gary Taverman,
information as to the party’s location. (although the rate for the individual
Associate Deputy Assistant Secretary for
Moreover, if the interested party who exporter may change as a function of the Antidumping and Countervailing Duty
files a request for review is unable to finding that the exporter is part of the Operations.
locate the producer or exporter for NME entity). [FR Doc. 2015–21635 Filed 8–31–15; 8:45 am]
which it requested the review, the Following initiation of an
BILLING CODE 3510–DS–P
interested party must provide an antidumping administrative review
explanation of the attempts it made to when there is no review requested of the
locate the producer or exporter at the NME entity, the Department will DEPARTMENT OF COMMERCE
same time it files its request for review, instruct CBP to liquidate entries for all
in order for the Secretary to determine exporters not named in the initiation International Trade Administration
if the interested party’s attempts were notice, including those that were
reasonable, pursuant to 19 CFR suspended at the NME entity rate. Initiation of Five-Year (‘‘Sunset’’)
351.303(f)(3)(ii). All requests must be filed Review
As explained in Antidumping and electronically in Enforcement and
Compliance’s Antidumping and AGENCY: Enforcement and Compliance,
Countervailing Duty Proceedings: International Trade Administration,
Assessment of Antidumping Duties, 68 Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’) Department of Commerce.
FR 23954 (May 6, 2003), and Non-
on Enforcement and Compliance’s SUMMARY: In accordance with section
Market Economy Antidumping
ACCESS Web site at http:// 751(c) of the Tariff Act of 1930, as
Proceedings: Assessment of
access.trade.gov.4 Further, in amended (‘‘the Act’’), the Department of
Antidumping Duties, 76 FR 65694
accordance with 19 CFR 351.303(f)(l)(i), Commerce (‘‘the Department’’) is
(October 24, 2011) the Department
a copy of each request must be served automatically initiating the five-year
clarified its practice with respect to the
on the petitioner and each exporter or review (‘‘Sunset Review’’) of the
collection of final antidumping duties
producer specified in the request. antidumping and countervailing duty
on imports of merchandise where
The Department will publish in the (‘‘AD/CVD’’) orders listed below. The
intermediate firms are involved. The
Federal Register a notice of ‘‘Initiation International Trade Commission (‘‘the
public should be aware of this
of Administrative Review of Commission’’) is publishing
clarification in determining whether to
Antidumping or Countervailing Duty concurrently with this notice its notice
request an administrative review of
Order, Finding, or Suspended of Institution of Five-Year Review which
merchandise subject to antidumping
Investigation’’ for requests received by covers the same orders.
findings and orders.2
the last day of September 2015. If the DATES: Effective September 1, 2015.
Further, as explained in Antidumping Department does not receive, by the last
Proceedings: Announcement of Change FOR FURTHER INFORMATION CONTACT: The
day of September 2015, a request for Department official identified in the
in Department Practice for Respondent review of entries covered by an order,
Selection in Antidumping Duty Initiation of Review section below at
finding, or suspended investigation AD/CVD Operations, Enforcement and
Proceedings and Conditional Review of listed in this notice and for the period
the Nonmarket Economy Entity in NME Compliance, International Trade
identified above, the Department will Administration, U.S. Department of
Antidumping Duty Proceedings, 78 FR instruct CBP to assess antidumping or
65963 (November 4, 2013), the Commerce, 14th Street and Constitution
countervailing duties on those entries at Avenue NW., Washington, DC 20230.
Department clarified its practice with a rate equal to the cash deposit of (or
regard to the conditional review of the For information from the Commission
bond for) estimated antidumping or contact Mary Messer, Office of
non-market economy (NME) entity in countervailing duties required on those
administrative reviews of antidumping Investigations, U.S. International Trade
entries at the time of entry, or Commission at (202) 205–3193.
duty orders. The Department will no withdrawal from warehouse, for
longer consider the NME entity as an SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
exporter conditionally subject to 3 In accordance with 19 CFR 351.213(b)(1), parties
Background
administrative reviews. Accordingly, should specify that they are requesting a review of
the NME entity will not be under review entries from exporters comprising the entity, and to The Department’s procedures for the
unless the Department specifically the extent possible, include the names of such conduct of Sunset Reviews are set forth
exporters in their request. in its Procedures for Conducting Five-
receives a request for, or self-initiates, a 4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Year (‘‘Sunset’’) Reviews of
2 See also the Enforcement and Compliance Web Administrative Protective Order Procedures, 76 FR Antidumping and Countervailing Duty
site at http://trade.gov/enforcement/. 39263 (July 6, 2011). Orders, 63 FR 13516 (March 20, 1998)
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![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices 52745
parties to a proceeding submit an entry Dated: August 20, 2015. DEPARTMENT OF COMMERCE
of appearance within 10 days of the Christian Marsh,
publication of the Notice of Initiation. Deputy Assistant Secretary for Antidumping National Oceanic and Atmospheric
Because deadlines in Sunset Reviews and Countervailing Duty Operations. Administration
can be very short, we urge interested [FR Doc. 2015–21633 Filed 8–31–15; 8:45 am]
parties who want access to proprietary [Doc. No. 150819745–5745–01]
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information under administrative
protective order (‘‘APO’’) to file an APO RIN 0648–XE132
application immediately following DEPARTMENT OF COMMERCE
publication in the Federal Register of Notice of Availability of the Draft NOAA
this notice of initiation. The Commercial Space Policy
National Oceanic and Atmospheric
Department’s regulations on submission Administration AGENCY: National Oceanic and
of proprietary information and Atmospheric Administration (NOAA),
eligibility to receive access to business Commerce.
RIN 0648–XD720
proprietary information under APO can ACTION: Notice of availability of a Draft
be found at 19 CFR 351.304–306. Marine Mammals; File No. 18673 NOAA Commercial Space Policy;
Information Required From Interested request for comments.
Parties AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and SUMMARY: As a science-based services
Domestic interested parties, as Atmospheric Administration (NOAA), agency, the National Oceanic and
defined in section 771(9)(C), (D), (E), (F), Atmospheric Administration (NOAA)
Commerce.
and (G) of the Act and 19 CFR strives to understand and predict
351.102(b), wishing to participate in a ACTION: Notice; withdrawal of changes in weather, climate, oceans,
Sunset Review must respond not later application. and coasts, and to provide critical
than 15 days after the date of environmental intelligence to the
publication in the Federal Register of SUMMARY: Notice is hereby given that American public, decision makers, and
this notice of initiation by filing a notice Leslie Cornick, Ph.D., Alaska Pacific our partners. NOAA accomplishes this,
of intent to participate. The required University, 4101 University Drive, in part, through the use of observations
contents of the notice of intent to Anchorage, AK 99508 has withdrawn obtained through a range of systems,
participate are set forth at 19 CFR her application for a permit to conduct including satellites, ships, ground, and
351.218(d)(1)(ii). In accordance with the research on northern fur seals in-situ networks.
Department’s regulations, if we do not (Callorhinus ursinus). NOAA’s space-based Earth
receive a notice of intent to participate observations are both important and
from at least one domestic interested ADDRESSES: The application and related challenging to obtain. In recent years,
party by the 15-day deadline, the documents are available for review the commercial sector has invested
Department will automatically revoke upon written request or by appointment increasing amounts of capital and
the order without further review.4 in the Permits and Conservation resources to develop new technologies,
If we receive an order-specific notice Division, Office of Protected Resources, and to build, launch, and operate
of intent to participate from a domestic NMFS, 1315 East-West Highway, Room satellites and ground-based systems. In
interested party, the Department’s 13705, Silver Spring, MD 20910; phone order to respond to an ever-growing
regulations provide that all parties (301) 427–8401; fax (301) 713–0376. demand for environmental information,
wishing to participate in a Sunset NOAA seeks to maintain an observing
Review must file complete substantive FOR FURTHER INFORMATION CONTACT: Rosa
enterprise that is flexible, responsive to
responses not later than 30 days after L. González or Amy Sloan, (301) 427– evolving technologies, and
the date of publication in the Federal 8401. economically sustainable, while
Register of this notice of initiation. The SUPPLEMENTARY INFORMATION: On supporting and upholding NOAA’s
required contents of a substantive January 22, 2015, notice was published strong commitment to public safety and
response, on an order-specific basis, are in the Federal Register (80 FR 3224) the international data sharing system
set forth at 19 CFR 351.218(d)(3). Note that a request for a permit to conduct upon which NOAA depends for global
that certain information requirements research on northern fur seals had been data.
differ for respondent and domestic This policy establishes the broad
submitted by the above-named
parties. Also, note that the Department’s principles for the use of commercial
applicant. The applicant has withdrawn
information requirements are distinct space-based approaches for NOAA’s
from the Commission’s information the application from further
consideration. observational requirements, and opens a
requirements. Consult the Department’s pathway for new industry to join the
regulations for information regarding Dated: August 27, 2015. space-based Earth observation process.
the Department’s conduct of Sunset Julia Harrison, As a part of this effort, and to ensure we
Reviews. Consult the Department’s Chief, Permits and Conservation Division, examine potential solutions, NOAA is
regulations at 19 CFR part 351 for Office of Protected Resources, National seeking comments, suggestions, and
definitions of terms and for other Marine Fisheries Service. innovative ideas from the public on
general information concerning
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2015–21612 Filed 8–31–15; 8:45 am] Draft NOAA Commercial Space Policy.
antidumping and countervailing duty Through www.regulations.gov/
BILLING CODE 3510–22–P
proceedings at the Department. #!docketDetail;D=NOAA-NMFS-2015-
This notice of initiation is being 0109, the public can view the Draft
published in accordance with section NOAA Commercial Space Policy,
751(c) of the Act and 19 CFR 351.218(c). submit ideas, review submissions from
other parties, and make comments and
4 See 19 CFR 351.218(d)(1)(iii). collaborate on ideas.
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Document Created: 2018-02-26 10:04:34
Document Modified: 2018-02-26 10:04:34
| 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 September 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 52743 |
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