80 FR 75064 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 230 (December 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 230 (December 1, 2015)
| Page Range | 75064-75066 | |
| FR Document | 2015-30497 |
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)] [Notices] [Pages 75064-75066] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30497] ----------------------------------------------------------------------- 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: December 1, 2015. [[Page 75065]] 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: [GRAPHIC] [TIFF OMITTED] TN01DE15.061 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). --------------------------------------------------------------------------- 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 these segments.\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 modified two regulations related to AD/CVD 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).\4\ Parties are advised to review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these segments. 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. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in these segments.\5\ --------------------------------------------------------------------------- \4\ See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). \5\ See Extension of Time Limits, 78 FR 57790 (September 20, 2013). --------------------------------------------------------------------------- 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.\6\ --------------------------------------------------------------------------- \6\ 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 [[Page 75066]] 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: November 16, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-30497 Filed 11-30-15; 8:45 am] BILLING CODE 3510-DS-P
![75064 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
Industry Limited. The rate previously Cash Deposit Requirements disclosed under APO in accordance
established for the PRC-wide entity in The following cash deposit with 19 CFR 351.305(a)(3), which
the previous administrative review is requirements will be effective upon continues to govern business
33.28 percent.31 publication of the final results of this proprietary information in this segment
administrative review for all shipments of the proceeding. Timely written
Assessment
of the subject merchandise from the PRC notification of the return or destruction
Pursuant to section 751(a)(2)(A) of the entered, or withdrawn from warehouse, of APO materials or conversion to
Act and 19 CFR 351.212(b), the for consumption on or after the judicial protective order is hereby
Department will determine, and U.S. publication date, as provided for by requested. Failure to comply with the
Customs and Border Protection (CBP) section 751(a)(2)(C) of the Act: (1) for regulations and the terms of an APO is
shall assess, antidumping duties on all Union and the other companies eligible a sanctionable violation.
appropriate entries. The Department for a separate rate, the cash deposit rate
intends to issue assessment instructions Notification to Interested Parties
will that listed above in the section
to CBP 15 days after the date of ‘‘Final Results of Review’’; (2) for This administrative review and notice
publication of the final results of review previously investigated or reviewed PRC are issued and published in accordance
in the Federal Register. Consistent with and non-PRC exporters not listed above with sections 751(a)(1) and 777(i)(1) of
the Department’s assessment practice in that have a separate rate, the cash the Act and 19 CFR 351.213(h).
NME cases, for entries that were not deposit rate will continue to be the Dated: November 20, 2015.
reported in the U.S. sales databases exporter-specific rate published for the
submitted by companies individually Paul Piquado,
most recently completed segment of this
examined during this review, the Assistant Secretary for Enforcement and
proceeding in which the exporter was Compliance.
Department will instruct CBP to reviewed; (3) for all PRC exporters of
liquidate such entries at the PRC-wide subject merchandise which have not Appendix—List of Issues Raised in
rate.32 In addition, if the Department been found to be entitled to a separate Case and Rebuttal Briefs
determines that an exporter under rate, the cash deposit rate will be that Summary
review had no shipments of subject established for the PRC-wide entity of Background
merchandise, any suspended entries 33.28 percent;34 and (4) for all non-PRC Application of Facts Available and Use of
that entered under the exporter’s case exporters of subject merchandise which Adverse Inference
number (i.e., at that exporter’s rate) will have not received their own rate, the Discussion of the Issues
be liquidated at the PRC-wide rate.33 cash deposit rate will be the rate Issue 1: Collapsing of Zhongya
For each individually-examined applicable to the PRC producer or Issue 2: Improper Calculation of Union’s
respondent whose weighted-average exporter that supplied that non-PRC Dumping Margin
dumping margin is above de minimis exporter with the subject merchandise. Issue 3: Assignment of Union’s Revised
(i.e., 0.50 percent) in the final results of Dumping Margin to the Separate Rate
The deposit requirements, when Respondents
this review, the Department will imposed, shall remain in effect until Issue 4: Use of Union’s Recalculated
calculate importer-specific ad valorem further notice. Margin as the AFA Rate
duty assessment rates based on the ratio Issue 5: Revision of the PRC-Wide Rate to
of the total amount of dumping Disclosure
Reflect Union’s Recalculated Dumping
calculated for the importer’s examined The Department intends to disclose to Margin
sales to the total entered value of those the parties the calculations performed Conclusion
same sales, in accordance with 19 CFR for these final results within five days [FR Doc. 2015–30502 Filed 11–30–15; 8:45 am]
351.212(b)(1). We will instruct CBP to of the date of publication of this notice BILLING CODE 3510–DS–P
assess antidumping duties on all in accordance with 19 CFR 351.224(b).
appropriate entries covered by this Notification to Importers
review where an importer- (or DEPARTMENT OF COMMERCE
customer-) specific assessment rate This notice serves as a final reminder
calculated in the final results of this to importers of their responsibility International Trade Administration
review is above de minimis. Where under 19 CFR 351.402(f)(2) to file a
either the respondent’s weighted- certificate regarding the reimbursement Initiation of Five-Year (‘‘Sunset’’)
average dumping margin is zero or de of antidumping duties and/or Review
minimis, or an importer- (or customer- countervailing duties prior to
liquidation of the relevant entries AGENCY: Enforcement and Compliance,
) specific assessment rate is zero or de
during this POR. Failure to comply with International Trade Administration,
minimis, the Department will instruct
this requirement could result in the Department of Commerce.
CBP to liquidate the appropriate entries
without regard to antidumping duties. Department’s presumption that SUMMARY: In accordance with section
For the other companies eligible for a reimbursement of antidumping duties 751(c) of the Tariff Act of 1930, as
separate rate, the Department will and/or countervailing duties occurred amended (‘‘the Act’’), the Department of
instruct CBP to assess antidumping and the subsequent assessment of Commerce (‘‘the Department’’) is
duties on the company’s entries of doubled antidumping duties. automatically initiating the five-year
subject merchandise at the rates listed Administrative Protective Order review (‘‘Sunset Review’’) of the
above in the section ‘‘Final Results of Notification to Interested Parties antidumping and countervailing duty
Review.’’ (‘‘AD/CVD’’) orders listed below. The
tkelley on DSK3SPTVN1PROD with NOTICES
This notice serves as the only
International Trade Commission (‘‘the
reminder to parties subject to
31 See 2012–2013 Final Results, 79 FR at 78787. Commission’’) is publishing
administrative protective order (APO) of
32 See Non-Market Economy Antidumping concurrently with this notice its notice
their responsibility concerning the
Proceedings; Assessment of Antidumping Duties, 76 of Institution of Five-Year Review which
FR 65694 (October 24, 2011) (Assessment Practice disposition of proprietary information
covers the same orders.
Refinement).
33 Id. 34 See 2012–2013 Final Results, 79 FR at 78787. DATES: Effective Date: December 1, 2015.
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![75066 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
regulations provide that all parties and all interested parties on the Public mykiss) Distinct Population Segment
wishing to participate in a Sunset Draft Recovery Plan, and will consider (DPS), and the Central California Coast
Review must file complete substantive all substantive comments received steelhead (O. mykiss) DPS. The public
responses not later than 30 days after during the review period before comment period for this action is set to
the date of publication in the Federal submitting the Recovery Plan for final end on December 4, 2015. The comment
Register of this notice of initiation. The approval. The comment period is being period is being extended through
required contents of a substantive extended—from December 4, 2015, to January 18, 2016, to provide additional
response, on an order-specific basis, are January 18, 2016—to provide additional opportunity for public comment.
set forth at 19 CFR 351.218(d)(3). Note opportunity for public comment. Background
that certain information requirements DATES: The deadline for receipt of
differ for respondent and domestic comments on the Public Draft Recovery The Endangered Species Act of 1973
parties. Also, note that the Department’s Plan published on October 5, 2015 (80 (ESA), as amended (16 U.S.C. 1531 et
information requirements are distinct FR 60125), is extended to close of seq.) requires we develop and
from the Commission’s information business on January 18, 2016. implement recovery plans for the
requirements. Consult the Department’s conservation and survival of threatened
ADDRESSES: You may submit comments
regulations for information regarding and endangered species under our
on the Public Draft Recovery Plan by the jurisdiction, unless it is determined that
the Department’s conduct of Sunset following methods:
Reviews. Consult the Department’s such plans would not promote the
• Electronic Submissions: Submit all
regulations at 19 CFR part 351 for conservation of the species. The Public
electronic public comments via: WCR_
definitions of terms and for other Draft Recovery Plan was developed for
CMSRecoveryplan.comments@noaa.gov
general information concerning • Mail: Recovery Team, National three salmon and steelhead species: The
antidumping and countervailing duty California Coastal (CC) Chinook salmon
Marine Fisheries Service, 777 Sonoma
proceedings at the Department. ESU, and the Northern California (NC)
Avenue, Room 325, Santa Rosa, CA
This notice of initiation is being and Central California Coast (CCC)
95404.
published in accordance with section Instructions: Comments must be steelhead DPSs. Between 1997 and
751(c) of the Act and 19 CFR 351.218(c). submitted by one of the above methods 2000, NMFS listed the CCC steelhead
Dated: November 16, 2015. to ensure comments are received, DPS (62 FR 43937; August 18, 1997), the
documented, and considered by NMFS. CC Chinook salmon ESU (64 FR 50394;
Christian Marsh,
Comments sent by any other method, to September 16, 1999), and the NC
Deputy Assistant Secretary for Antidumping
any other address or individual, or steelhead DPS (65 FR 36074; June 7,
and Countervailing Duty Operations.
received after the end of the comment 2000), as threatened under the ESA due
[FR Doc. 2015–30497 Filed 11–30–15; 8:45 am]
period, may not be considered. to the precipitous and ongoing declines
BILLING CODE 3510–DS–P
Attachments to electronic comments in their populations.
Our goal is to restore the threatened
will be accepted in Microsoft Word,
CC Chinook salmon, and NC and CCC
DEPARTMENT OF COMMERCE Excel, or Adobe PDF file formats only.
Electronic copies of the Public Draft steelhead to the point where they are
National Oceanic and Atmospheric Recovery Plan are available online at: self-sustaining populations within their
Administration http:// ecosystems and no longer need the
www.westcoast.fisheries.noaa.gov/ protections of the ESA.
RIN 0648–XE212
protected_species/salmon_steelhead/ The Public Draft Recovery Plan
Endangered and Threatened Species; recovery_planning_and_ The ESA requires recovery plans
Recovery Plans implementation/north_central_ incorporate, to the maximum extent
california_coast/north_central_ practicable: (1) Objective, measurable
AGENCY: National Marine Fisheries california_coast_salmon_recovery_
Service, National Oceanic and criteria which, when met, would result
domain.html. A CD–ROM of these in a determination that the species is no
Atmospheric Administration (NOAA), documents can be obtained by emailing
Commerce. longer threatened or endangered; (2)
a request to Andrea.Berry@noaa.gov or site-specific management actions
ACTION: Notice of availability; extension by writing to: Recovery Team, National
of public comment period. necessary to achieve the plan’s goal for
Marine Fisheries Service, 777 Sonoma the conservation and survival of the
SUMMARY: NOAA’s National Marine Avenue, Room 325, Santa Rosa, CA species; and (3) estimates of the time
Fisheries Service (NMFS) announces the 95404. required and costs to implement
extension of the comment period for the FOR FURTHER INFORMATION CONTACT: recovery actions.
notice of availability of the public draft Korie Schaeffer, (707) 575–6087, The Public Draft Recovery Plan
of the Endangered Species Act Coastal Korie.Schaeffer@noaa.gov, or Erin provides background on the natural
Multispecies Recovery Plan for the Seghesio, (707) 578–8515, history, population trends and the
California Coastal Chinook salmon Erin.Seghesio@noaa.gov. potential threats to the viability of CC
(Oncorhynchus tshawytscha) SUPPLEMENTARY INFORMATION: Chinook salmon, and NC and CCC
Evolutionarily Significant Unit (ESU), steelhead. The Public Draft Recovery
the Northern California steelhead (O. Extension of Comment Period Plan lays out a recovery strategy to
mykiss) Distinct Population Segment On October 5, 2015, (80 FR 60125) we address conditions and threats based on
(DPS), and the Central California Coast (NMFS) published in the Federal the best available science and
tkelley on DSK3SPTVN1PROD with NOTICES
steelhead (O. mykiss) DPS, which Register a request for public comment incorporates objective, measurable
published on October 5, 2015. These on the notice of availability of the criteria for recovery. The Public Draft
species spawn and rear in streams and Coastal Multispecies Recovery Plan for Recovery Plan is not regulatory, but
rivers along the central and northern the California Coastal Chinook salmon presents guidance for use by agencies
California coast, and in tributaries to (Oncorhynchus tshawytscha) and interested parties to assist in the
San Francisco Bay. NMFS is soliciting Evolutionarily Significant Unit (ESU), recovery of CC Chinook salmon, and NC
review and comment from the public the Northern California steelhead (O. and CCC steelhead. The Public Draft
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Document Created: 2018-03-02 09:11:09
Document Modified: 2018-03-02 09:11:09
| 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: December 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 75064 |
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