81 FR 34974 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 105 (June 1, 2016)
International Trade Administration
Federal Register Volume 81, Issue 105 (June 1, 2016)
| Page Range | 34974-34975 | |
| FR Document | 2016-12905 |
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)] [Notices] [Pages 34974-34975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12905] ----------------------------------------------------------------------- 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'') order(s) 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 order(s). DATES: Effective Date: June 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 order(s): ---------------------------------------------------------------------------------------------------------------- DOC Case No. ITC Case No. Country Product Department contact ---------------------------------------------------------------------------------------------------------------- A-475-703........... 731-TA-385......... Italy.............. Granular David Goldberger (202) Polytetrafluorethylene 482-4136. Resin (4th Review). A-570-827........... 731-TA-669......... PRC................ Cased Pencils (4th David Goldberger (202) Review). 482-4136. [[Page 34975]] A-570-826........... 731-TA-663......... PRC................ Paper Clips (4th Matthew Renkey (202) Review). 482-2312. ---------------------------------------------------------------------------------------------------------------- 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 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 24, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-12905 Filed 5-31-16; 8:45 am] BILLING CODE 3510-DS-P
![34974 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices
to the textile provisions of the FR 41111, Aug. 14, 2009) (Commercial DEPARTMENT OF COMMERCE
Agreement, a fabric, yarn, or fiber Availability Procedures).
produced in Peru or the United States The intent of the Commercial International Trade Administration
and traded between the two countries is Availability Procedures is to foster the
entitled to duty-free tariff treatment. Initiation of Five-Year (‘‘Sunset’’)
use of U.S. and regional products by Review
Annex 3–B of the Agreement also lists implementing procedures that allow
specific fabrics, yarns, and fibers that products to be placed on or removed AGENCY: Enforcement and Compliance,
the two countries agreed are not from a product list, on a timely basis, International Trade Administration,
available in commercial quantities in a and in a manner that is consistent with Department of Commerce.
timely manner from producers in Peru normal business practice. The SUMMARY: In accordance with section
or the United States. The items listed in procedures are intended to facilitate the 751(c) of the Tariff Act of 1930, as
Annex 3–B are commercially transmission of requests; allow the amended (‘‘the Act’’), the Department of
unavailable fabrics, yarns, and fibers. market to indicate the availability of the Commerce (‘‘the Department’’) is
Articles containing these items are supply of products that are the subject automatically initiating the five-year
entitled to duty-free or preferential of requests; make available promptly, to review (‘‘Sunset Review’’) of the
treatment despite containing inputs not interested entities and the public, antidumping and countervailing duty
produced in Peru or the United States. information regarding the requests for (‘‘AD/CVD’’) order(s) listed below. The
The list of commercially unavailable products and offers received for those International Trade Commission (‘‘the
fabrics, yarns, and fibers may be products; ensure wide participation by Commission’’) is publishing
changed pursuant to the commercial interested entities and parties; allow for concurrently with this notice its notice
availability provision in chapter 3, careful review and consideration of of Institution of Five-Year Review which
Article 3.3, Paragraphs 5–7 of the information provided to substantiate covers the same order(s).
Agreement. Section 203(o) of the Act requests and responses; and provide DATES: Effective Date: June 1, 2016.
implements the commercial availability timely public dissemination of FOR FURTHER INFORMATION CONTACT: The
provision of the Agreement. Under this information used by CITA in making Department official identified in the
provision, interested entities from Peru commercial availability determinations. Initiation of Review section below at
or the United States have the right to AD/CVD Operations, Enforcement and
CITA must collect certain information
request that a specific fabric, yarn, or Compliance, International Trade
about fabric, yarn, or fiber technical
fiber be added to, or removed from, the Administration, U.S. Department of
specifications and the production
list of commercially unavailable fabrics, Commerce, 14th Street and Constitution
capabilities of Peruvian and U.S. textile
yarns, and fibers in Annex 3–B. Avenue NW., Washington, DC 20230.
producers to determine whether certain
Section 203(o) of the Act provides fabrics, yarns, or fibers are available in For information from the Commission
that the President may modify the list of commercial quantities in a timely contact Mary Messer, Office of
fabrics, yarns, and fibers in Annex 3–B manner in the United States or Peru, Investigations, U.S. International Trade
by determining whether additional subject to section 203(o) of the Act. Commission at (202) 205–3193.
fabrics, yarns, or fibers are not available SUPPLEMENTARY INFORMATION:
Affected Public: Business or other for-
in commercial quantities in a timely
profit. Background
manner in the United States or Peru,
and that the President will issue Frequency: Varies. The Department’s procedures for the
procedures governing the submission of Respondent’s Obligation: Voluntary. conduct of Sunset Reviews are set forth
requests and providing an opportunity OMB Desk Officer: Wendy Liberante, in its Procedures for Conducting Five-
for interested entities to submit (202) 395–3647. Year (‘‘Sunset’’) Reviews of
comments. The President delegated the Antidumping and Countervailing Duty
responsibility for publishing the This information collection request Orders, 63 FR 13516 (March 20, 1998)
procedures and administering may be viewed at www.reginfo.gov. and 70 FR 62061 (October 28, 2005).
commercial availability requests to Follow the instructions to view the Guidance on methodological or
CITA, which issues procedures and acts Department of Commerce collections analytical issues relevant to the
on requests through the U.S. currently under review by OMB. Department’s conduct of Sunset
Department of Commerce, Office of Written comments and Reviews is set forth in Antidumping
Textiles and Apparel (OTEXA) (See recommendations for the proposed Proceedings: Calculation of the
Proclamation No. 8341, 74 FR 4105, Jan. information collection should be sent Weighted-Average Dumping Margin and
22, 2009). Interim procedures to within 30 days of publication of this Assessment Rate in Certain
implement these responsibilities were notice to OIRA Submission@ Antidumping Duty Proceedings; Final
published in the Federal Register on omb.eop.gov or fax to (202) 395–5806. Modification, 77 FR 8101 (February 14,
August 14, 2009. (See Interim 2012).
Dated: May 26, 2016.
Procedures for Considering Requests
Under the Commercial Availability Glenna Mickelson, Initiation of Review
Provision of the United States-Peru Management Analyst, Office of the Chief In accordance with 19 CFR
Trade Promotion Agreement Information Officer. 351.218(c), we are initiating Sunset
Implementation Act and Estimate of [FR Doc. 2016–12851 Filed 5–31–16; 8:45 am] Reviews of the following antidumping
sradovich on DSK3TPTVN1PROD with NOTICES
Burden for Collection of Information, 74 BILLING CODE 3510–DS–P and countervailing duty order(s):
DOC Case ITC Case No. Country Product Department contact
No.
A–475–703 ... 731–TA–385 Italy .............. Granular Polytetrafluorethylene Resin (4th Re- David Goldberger (202) 482–4136.
view).
A–570–827 ... 731–TA–669 PRC ............. Cased Pencils (4th Review) ............................. David Goldberger (202) 482–4136.
VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1](https://thefederalregister.org/doc/81_FR_35079/page/1.svg)
![Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices 34975
DOC Case ITC Case No. Country Product Department contact
No.
A–570–826 ... 731–TA–663 PRC ............. Paper Clips (4th Review) .................................. Matthew Renkey (202) 482–2312.
Filing Information regulations govern the submission of Department will automatically revoke
As a courtesy, we are making factual information in a segment (such the order without further review.6
information related to sunset as 19 CFR 351.218), these time limits If we receive an order-specific notice
proceedings, including copies of the will continue to be applied. Parties are of intent to participate from a domestic
pertinent statute and Department’s also advised to review the final rule interested party, the Department’s
regulations, the Department’s schedule concerning the extension of time limits regulations provide that all parties
for Sunset Reviews, a listing of past for submissions in AD/CVD wishing to participate in a Sunset
revocations and continuations, and proceedings, available at http:// Review must file complete substantive
current service lists, available to the enforcement.trade.gov/frn/2013/ responses not later than 30 days after
1309frn/2013-22853.txt, prior to the date of publication in the Federal
public on the Department’s Web site at
submitting factual information in these Register of this notice of initiation. The
the following address: http://
segments.5 required contents of a substantive
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews response, on an order-specific basis, are
Letters of Appearance and
must be filed in accordance with the set forth at 19 CFR 351.218(d)(3). Note
Administrative Protective Orders
Department’s regulations regarding that certain information requirements
Pursuant to 19 CFR 351.103(d), the differ for respondent and domestic
format, translation, and service of Department will maintain and make
documents. These rules, including parties. Also, note that the Department’s
available a public service list for these information requirements are distinct
electronic filing requirements via proceedings. Parties wishing to
Enforcement and Compliance’s from the Commission’s information
participate in any of these five-year requirements. Consult the Department’s
Antidumping and Countervailing Duty reviews must file letters of appearance
Centralized Electronic Service System regulations for information regarding
as discussed at 19 CFR 351.103(d)). To the Department’s conduct of Sunset
(‘‘ACCESS’’), can be found at 19 CFR facilitate the timely preparation of the
351.303.1 Reviews. Consult the Department’s
public service list, it is requested that regulations at 19 CFR part 351 for
This notice serves as a reminder that those seeking recognition as interested
any party submitting factual information definitions of terms and for other
parties to a proceeding submit an entry general information concerning
in an AD/CVD proceeding must certify of appearance within 10 days of the
to the accuracy and completeness of that antidumping and countervailing duty
publication of the Notice of Initiation. proceedings at the Department.
information.2 Parties are hereby Because deadlines in Sunset Reviews This notice of initiation is being
reminded that revised certification can be very short, we urge interested published in accordance with section
requirements are in effect for company/ parties who want access to proprietary 751(c) of the Act and 19 CFR 351.218(c).
government officials as well as their information under administrative
representatives in these segments.3 The Dated: May 24, 2016.
protective order (‘‘APO’’) to file an APO
formats for the revised certifications are application immediately following Christian Marsh,
provided at the end of the Final Rule. publication in the Federal Register of Deputy Assistant Secretary for Antidumping
The Department intends to reject factual this notice of initiation. The and Countervailing Duty Operations.
submissions if the submitting party does Department’s regulations on submission [FR Doc. 2016–12905 Filed 5–31–16; 8:45 am]
not comply with the revised of proprietary information and BILLING CODE 3510–DS–P
certification requirements. eligibility to receive access to business
On April 10, 2013, the Department proprietary information under APO can
modified two regulations related to AD/ be found at 19 CFR 351.304–306. DEPARTMENT OF COMMERCE
CVD proceedings: The definition of
factual information (19 CFR Information Required From Interested International Trade Administration
351.102(b)(21)), and the time limits for Parties
the submission of factual information Meeting of the United States
Domestic interested parties, as
(19 CFR 351.301).4 Parties are advised to Manufacturing Council
defined in section 771(9)(C), (D), (E), (F),
review the final rule, available at http:// and (G) of the Act and 19 CFR AGENCY: International Trade
enforcement.trade.gov/frn/2013/ 351.102(b), wishing to participate in a Administration, U.S. Department of
1304frn/2013-08227.txt, prior to Sunset Review must respond not later Commerce.
submitting factual information in these than 15 days after the date of ACTION: Notice of an open meeting.
segments. To the extent that other publication in the Federal Register of
this notice of initiation by filing a notice SUMMARY: The United States
1 See also Antidumping and Countervailing Duty of intent to participate. The required Manufacturing Council (Council) will
Proceedings: Electronic Filing Procedures; hold an open meeting via teleconference
Administrative Protective Order Procedures, 76 FR
contents of the notice of intent to
39263 (July 6, 2011). participate are set forth at 19 CFR on Wednesday, June 15, 2016. The
Council was established in April 2004
sradovich on DSK3TPTVN1PROD with NOTICES
2 See section 782(b) of the Act. 351.218(d)(1)(ii). In accordance with the
3 See Certification of Factual Information To Department’s regulations, if we do not to advise the Secretary of Commerce on
Import Administration During Antidumping and receive a notice of intent to participate matters relating to the U.S.
Countervailing Duty Proceedings, 78 FR 42678 (July manufacturing industry. The purpose of
17, 2013) (‘‘Final Rule’’) (amending 19 CFR
from at least one domestic interested
351.303(g)). party by the 15-day deadline, the the meeting is for Council members to
4 See Definition of Factual Information and Time review and deliberate on a proposed
Limits for Submission of Factual Information: Final 5 See Extension of Time Limits, 78 FR 57790
Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013). 6 See 19 CFR 351.218(d)(1)(iii).
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Document Created: 2018-02-08 07:27:34
Document Modified: 2018-02-08 07:27:34
| 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 Date: June 1, 2016. | |
| 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 34974 |
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