81 FR 18829 - Initiation of Five-Year (“Sunset”) Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 63 (April 1, 2016)

Page Range		18829-18830
FR Document		2016-07452

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 81 Issue 63 (Friday, April 1, 2016)

[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18829-18830]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-07452]

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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.

DATE: Effective Date: April 1, 2016.

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. Product Contact contact
----------------------------------------------------------------------------------------------------------------
A-507-502...................... 731-TA-287........... Iran.............. Certain in-Shell Jacqueline
Raw Pistachios Arrowsmith (202)
(2nd Review). 482-5255.
A-570-967...................... 731-TA-1177.......... PRC............... Aluminum Jacqueline
Extrusions (1st Arrowsmith (202)
Review). 482-5255.
C-570-968...................... 701-TA-475........... PRC............... Aluminum Jacqueline
Extrusions (1st Arrowsmith (202)
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\
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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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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.
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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 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\
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\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).
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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.

[[Page 18830]]

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\
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\6\ 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: March 29, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2016-07452 Filed 3-31-16; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices 18829

the review will continue. Thereafter, SUMMARY: In accordance with section Background
any interested party wishing to 751(c) of the Tariff Act of 1930, as
participate in the Sunset Review must amended (‘‘the Act’’), the Department of The Department’s procedures for the
provide substantive comments in Commerce (‘‘the Department’’) is conduct of Sunset Reviews are set forth
response to the notice of initiation no automatically initiating the five-year in its Procedures for Conducting Five-
later than 30 days after the date of review (‘‘Sunset Review’’) of the Year (‘‘Sunset’’) Reviews of
initiation. antidumping and countervailing duty Antidumping and Countervailing Duty
This notice is not required by statute (‘‘AD/CVD’’) orders listed below. The Orders, 63 FR 13516 (March 20, 1998)
but is published as a service to the International Trade Commission (‘‘the and 70 FR 62061 (October 28, 2005).
international trading community. Commission’’) is publishing Guidance on methodological or
Dated: March 11, 2016. concurrently with this notice its notice analytical issues relevant to the
Christian Marsh, of Institution of Five-Year Review which Department’s conduct of Sunset
Deputy Assistant Secretary for Antidumping covers the same orders. Reviews is set forth in Antidumping
and Countervailing Duty Operations. DATE: Effective Date: April 1, 2016. Proceedings: Calculation of the
[FR Doc. 2016–07451 Filed 3–31–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: The Weighted-Average Dumping Margin and
BILLING CODE 3510–DS–P Department official identified in the Assessment Rate in Certain
Initiation of Review section below at Antidumping Duty Proceedings; Final
AD/CVD Operations, Enforcement and Modification, 77 FR 8101 (February 14,
DEPARTMENT OF COMMERCE Compliance, International Trade 2012).
Administration, U.S. Department of
International Trade Administration Commerce, 14th Street and Constitution Initiation of Review
Avenue NW., Washington, DC 20230.
Initiation of Five-Year (‘‘Sunset’’) In accordance with 19 CFR
For information from the Commission
Review contact Mary Messer, Office of 351.218(c), we are initiating Sunset
Investigations, U.S. International Trade Reviews of the following antidumping
AGENCY: Enforcement and Compliance,
Commission at (202) 205–3193. and countervailing duty orders:
International Trade Administration,
Department of Commerce. SUPPLEMENTARY INFORMATION:

DOC ITC Department
Product Contact
case No. case No. contact

A–507–502 ....................... 731–TA–287 .. Iran .............. Certain in-Shell Raw Pistachios (2nd Jacqueline Arrowsmith (202) 482–5255.
Review).
A–570–967 ....................... 731–TA–1177 PRC ............ Aluminum Extrusions (1st Review) ........ Jacqueline Arrowsmith (202) 482–5255.
C–570–968 ....................... 701–TA–475 .. PRC ............. Aluminum Extrusions (1st Review) ........ Jacqueline Arrowsmith (202) 482–5255.

Filing Information information.2 Parties are hereby regulations govern the submission of
As a courtesy, we are making reminded that revised certification factual information in a segment (such
information related to sunset requirements are in effect for company/ as 19 CFR 351.218), these time limits
proceedings, including copies of the government officials as well as their will continue to be applied. Parties are
pertinent statute and Department’s representatives in these segments.3 The also advised to review the final rule
regulations, the Department’s schedule formats for the revised certifications are concerning the extension of time limits
for Sunset Reviews, a listing of past provided at the end of the Final Rule. for submissions in AD/CVD
revocations and continuations, and The Department intends to reject factual proceedings, available at http://
current service lists, available to the submissions if the submitting party does enforcement.trade.gov/frn/2013/
public on the Department’s Web site at not comply with the revised 1309frn/2013-22853.txt, prior to
the following address: ‘‘http:// certification requirements. submitting factual information in these
enforcement.trade.gov/sunset/.’’ All On April 10, 2013, the Department segments.5
submissions in these Sunset Reviews modified two regulations related to AD/
CVD proceedings: The definition of Letters of Appearance and
must be filed in accordance with the
factual information (19 CFR Administrative Protective Orders
Department’s regulations regarding
format, translation, and service of 351.102(b)(21)), and the time limits for
Pursuant to 19 CFR 351.103(d), the
documents. These rules, including the submission of factual information
Department will maintain and make
electronic filing requirements via (19 CFR 351.301).4 Parties are advised to
available a public service list for these
Enforcement and Compliance’s review the final rule, available at http://
proceedings. Parties wishing to
Antidumping and Countervailing Duty enforcement.trade.gov/frn/2013/
participate in any of these five-year
Centralized Electronic Service System 1304frn/2013-08227.txt, prior to
reviews must file letters of appearance
(‘‘ACCESS’’), can be found at 19 CFR submitting factual information in these
as discussed at 19 CFR 351.103(d)). To
351.303.1 segments. To the extent that other
facilitate the timely preparation of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

This notice serves as a reminder that public service list, it is requested that
2 Seesection 782(b) of the Act.
any party submitting factual information those seeking recognition as interested
3 SeeCertification of Factual Information To
in an AD/CVD proceeding must certify Import Administration During Antidumping and parties to a proceeding submit an entry
to the accuracy and completeness of that Countervailing Duty Proceedings, 78 FR 42678 (July of appearance within 10 days of the
17, 2013) (‘‘Final Rule’’) (amending 19 CFR
1 See also Antidumping and Countervailing Duty 351.303(g)).
publication of the Notice of Initiation.
Proceedings: Electronic Filing Procedures; 4 See Definition of Factual Information and Time

Administrative Protective Order Procedures, 76 FR Limits for Submission of Factual Information: Final 5 See Extension of Time Limits, 78 FR 57790

39263 (July 6, 2011). Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013).

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18830 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices

Because deadlines in Sunset Reviews Dated: March 29, 2016. Act’’), Petitioners alleged that imports of
can be very short, we urge interested Gary Taverman, R–134a from the PRC are being, or are
parties who want access to proprietary Associate Deputy Assistant Secretary for likely to be, sold in the United States at
information under administrative Antidumping and Countervailing Duty less than fair value within the meaning
protective order (‘‘APO’’) to file an APO Operations. of section 731 of the Act, and that such
application immediately following [FR Doc. 2016–07452 Filed 3–31–16; 8:45 am] imports are materially injuring, or
publication in the Federal Register of BILLING CODE 3510–DS–P threatening material injury to, an
this notice of initiation. The industry in the United States. Also,
Department’s regulations on submission consistent with section 732(b)(1) of the
DEPARTMENT OF COMMERCE Act, the Petition is accompanied by
of proprietary information and
information reasonably available to
eligibility to receive access to business International Trade Administration Petitioners supporting their allegations.
proprietary information under APO can The Department finds that Petitioners
be found at 19 CFR 351.304–306. [A–570–044]
filed the Petition on behalf of the
Information Required From Interested 1, 1, 1, 2-Tetrafluoroethane From the domestic industry because Petitioners
Parties People’s Republic of China: Initiation are interested parties as defined in
of Less Than Fair Value Investigation sections 771(9)(C),(D), and (F) of the
Domestic interested parties, as Act. The Department also finds that
defined in section 771(9)(C), (D), (E), (F), AGENCY: Enforcement and Compliance, Petitioners demonstrated sufficient
and (G) of the Act and 19 CFR International Trade Administration, industry support with respect to the
Department of Commerce. initiation of the AD investigation that
351.102(b), wishing to participate in a
DATES: Effective Date: March 23, 2016. Petitioners are requesting.5
Sunset Review must respond not later
than 15 days after the date of FOR FURTHER INFORMATION CONTACT:
Period of Investigation
publication in the Federal Register of Keith Haynes at (202) 482–5139, AD/
CVD Operations, Enforcement and Pursuant to 19 CFR 351.204(b)(1),
this notice of initiation by filing a notice because the Petition was filed on March
of intent to participate. The required Compliance, U.S. Department of
Commerce, 14th Street and Constitution 3, 2016, the period of investigation
contents of the notice of intent to (‘‘POI’’) is July 1, 2015 through
Avenue NW., Washington, DC 20230.
participate are set forth at 19 CFR December 31, 2015.
SUPPLEMENTARY INFORMATION:
351.218(d)(1)(ii). In accordance with the
Department’s regulations, if we do not The Petition Scope of the Investigation
receive a notice of intent to participate On March 3, 2016, the Department of The product covered by this
from at least one domestic interested Commerce (‘‘Department’’) received an investigation is R–134a from the PRC.
party by the 15-day deadline, the antidumping duty (‘‘AD’’) petition For a full description of the scope of this
Department will automatically revoke concerning imports of 1,1,1,2- investigation, see the ‘‘Scope of the
the order without further review.6 Tetrafluoroethane (‘‘R–134a’’) from the Investigation’’ in Appendix I of this
People’s Republic of China (‘‘PRC’’), notice.
If we receive an order-specific notice
of intent to participate from a domestic filed in proper form on behalf of the Comments on Scope of the Investigation
interested party, the Department’s American HFC Coalition and its During our review of the Petition, the
regulations provide that all parties individual members,1 as well as District Department issued questions to, and
wishing to participate in a Sunset Lodge 154 of the International received responses from, Petitioners
Review must file complete substantive Association of Machinists and pertaining to the proposed scope to
responses not later than 30 days after Aerospace Workers (‘‘IAMAW’’) ensure that the scope language in the
the date of publication in the Federal (collectively, ‘‘Petitioners’’).2 Petition would be an accurate reflection
On March 8, 2016, the Department
Register of this notice of initiation. The of the products for which the domestic
requested additional information and
required contents of a substantive industry is seeking relief.6
clarification of certain areas of the As discussed in the preamble to the
response, on an order-specific basis, are Petition.3 Petitioners submitted the
set forth at 19 CFR 351.218(d)(3). Note Department’s regulations,7 we are
requested information and clarification setting aside a period for interested
that certain information requirements to the Department on March 11, 2016.4
differ for respondent and domestic parties to raise issues regarding product
In accordance with section 732(b) of
parties. Also, note that the Department’s coverage (scope). The Department will
the Tariff Act of 1930, as amended (‘‘the
information requirements are distinct consider all comments received from
from the Commission’s information 1 The individual members of the American HFC
parties and, if necessary, will consult
requirements. Consult the Department’s Coalition are: Amtrol Inc., Arkema Inc., The with parties prior to the issuance of the
Chemours Company FC LLC, Honeywell preliminary determination. If scope
regulations for information regarding International Inc., Hudson Technologies, Mexichem comments include factual information
the Department’s conduct of Sunset Fluor Inc., and Worthington Industries, Inc.
(see 19 CFR 351.102(b)(21)), all such
Reviews. Consult the Department’s 2 See Petition for the Imposition of Antidumping

Duties on Imports of 1, 1, 1, 2-Tetrafluoroethane (R– factual information should be limited to
regulations at 19 CFR part 351 for public information. In order to facilitate
134a) from the People’s Republic of China, dated
definitions of terms and for other March 3, 2016 (‘‘Petition’’). preparation of its questionnaires, the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

general information concerning 3 See the Department’s letter to Petitioners,
Department requests all interested
antidumping and countervailing duty ‘‘Petition for the Imposition of Antidumping Duties
parties to submit such comments by
proceedings at the Department. on Imports of 1,1,1,2-Tetrafluoroethane (R–134a)
from the People’s Republic of China: Supplemental
This notice of initiation is being Questions,’’ dated March 8, 2016 (‘‘Supplemental 5 See the ‘‘Determination of Industry Support for

published in accordance with section Questionnaire’’). the Petition’’ section, below.
4 See Petitioners’ response, ‘‘Petitioners’ Response 6 See Supplemental Questionnaire and Petition
751(c) of the Act and 19 CFR 351.218(c). Supplement.
to the Department’s March 8, 2016 Supplemental
Questionnaire,’’ dated March 11, 2016 (‘‘Petition 7 See Antidumping Duties; Countervailing Duties,
6 See 19 CFR 351.218(d)(1)(iii). Supplement’’). 62 FR 27296, 27323 (May 19, 1997).

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Document Created: 2016-04-06 00:08:52
Document Modified: 2016-04-06 00:08:52

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
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		81 FR 18829

81 FR 18829 - Initiation of Five-Year (“Sunset”) Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 63 (April 1, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration