81_FR_50609 81 FR 50462 - Initiation of Five-Year (“Sunset”) Review

81 FR 50462 - Initiation of Five-Year (“Sunset”) Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50462-50463
FR Document2016-18297

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).

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50462-50463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18297]



[[Page 50462]]

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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'') 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: August 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-570-836......................  731-TA-718.........  PRC...............  Glycine, (4th       Jacqueline
                                                                           Review).            Arrowsmith, (202)
                                                                                               482-5255.
A-580-839......................  731-TA-825.........  Republic of Korea.   Polyester Staple    David Goldberger,
                                                                           Fiber, (3rd         (202) 482-4136.
                                                                           Review).
A-583-833......................  731-TA-826.........  Taiwan............  Polyester Staple     David Goldberger,
                                                                           Fiber, (3rd         (202) 482-4136.
                                                                           Review).
----------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Department's 
regulations, the Department's schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current service lists, 
available to the public on the Department's Web site at the following 
address: http://enforcement.trade.gov/sunset/. All submissions in these 
Sunset Reviews must be filed in accordance with the Department's 
regulations regarding format, translation, and service of documents. 
These rules, including electronic filing requirements via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``ACCESS''), can be found at 19 CFR 
351.303.\1\
---------------------------------------------------------------------------

    \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.
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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.
    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

[[Page 50463]]

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).
---------------------------------------------------------------------------

    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: July 28, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-18297 Filed 7-29-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                50462                          Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices

                                                DEPARTMENT OF COMMERCE                                     of Institution of Five-Year Review which                        in its Procedures for Conducting Five-
                                                                                                           covers the same order(s).                                       Year (‘‘Sunset’’) Reviews of
                                                International Trade Administration                         DATES: Effective Date: August 1, 2016.                          Antidumping and Countervailing Duty
                                                                                                                                                                           Orders, 63 FR 13516 (March 20, 1998)
                                                Initiation of Five-Year (‘‘Sunset’’)                       FOR FURTHER INFORMATION CONTACT: The
                                                                                                                                                                           and 70 FR 62061 (October 28, 2005).
                                                Review                                                     Department official identified in the                           Guidance on methodological or
                                                                                                           Initiation of Review section below at                           analytical issues relevant to the
                                                AGENCY:  Enforcement and Compliance,                       AD/CVD Operations, Enforcement and                              Department’s conduct of Sunset
                                                International Trade Administration,                        Compliance, International Trade                                 Reviews is set forth in Antidumping
                                                Department of Commerce.                                    Administration, U.S. Department of                              Proceedings: Calculation of the
                                                SUMMARY:   In accordance with section                      Commerce, 14th Street and Constitution                          Weighted-Average Dumping Margin and
                                                751(c) of the Tariff Act of 1930, as                       Avenue NW., Washington, DC 20230.                               Assessment Rate in Certain
                                                amended (‘‘the Act’’), the Department of                   For information from the Commission                             Antidumping Duty Proceedings; Final
                                                Commerce (‘‘the Department’’) is                           contact Mary Messer, Office of                                  Modification, 77 FR 8101 (February 14,
                                                automatically initiating the five-year                     Investigations, U.S. International Trade                        2012).
                                                review (‘‘Sunset Review’’) of the                          Commission at (202) 205–3193.
                                                antidumping and countervailing duty                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                                           Initiation of Review
                                                (‘‘AD/CVD’’) order(s) listed below. The                                                                                      In accordance with 19 CFR
                                                                                                           Background
                                                International Trade Commission (‘‘the                                                                                      351.218(c), we are initiating Sunset
                                                Commission’’) is publishing                                  The Department’s procedures for the                           Reviews of the following antidumping
                                                concurrently with this notice its notice                   conduct of Sunset Reviews are set forth                         and countervailing duty order(s):

                                                                            ITC Case
                                                   DOC Case No.                                      Country                                     Product                                     Department contact
                                                                               No.

                                                A–570–836 .............   731–TA–718         PRC ........................   Glycine, (4th Review) ..............................   Jacqueline Arrowsmith, (202) 482–5255.
                                                A–580–839 .............   731–TA–825         Republic of Korea ..           Polyester Staple Fiber, (3rd Review) ......            David Goldberger, (202) 482–4136.
                                                A–583–833 .............   731–TA–826         Taiwan ....................    Polyester Staple Fiber, (3rd Review) ......            David Goldberger, (202) 482–4136.



                                                Filing Information                                         formats for the revised certifications are                      Letters of Appearance and
                                                   As a courtesy, we are making                            provided at the end of the Final Rule.                          Administrative Protective Orders
                                                information related to sunset                              The Department intends to reject factual                           Pursuant to 19 CFR 351.103(d), the
                                                proceedings, including copies of the                       submissions if the submitting party does                        Department will maintain and make
                                                pertinent statute and Department’s                         not comply with the revised                                     available a public service list for these
                                                regulations, the Department’s schedule                     certification requirements.                                     proceedings. Parties wishing to
                                                for Sunset Reviews, a listing of past                        On April 10, 2013, the Department                             participate in any of these five-year
                                                revocations and continuations, and                         modified two regulations related to AD/                         reviews must file letters of appearance
                                                current service lists, available to the                    CVD proceedings: The definition of                              as discussed at 19 CFR 351.103(d)). To
                                                public on the Department’s Web site at                     factual information (19 CFR                                     facilitate the timely preparation of the
                                                the following address: http://                             351.102(b)(21)), and the time limits for                        public service list, it is requested that
                                                enforcement.trade.gov/sunset/. All                         the submission of factual information                           those seeking recognition as interested
                                                submissions in these Sunset Reviews                        (19 CFR 351.301).4 Parties are advised to                       parties to a proceeding submit an entry
                                                must be filed in accordance with the                       review the final rule, available at http://                     of appearance within 10 days of the
                                                Department’s regulations regarding                         enforcement.trade.gov/frn/2013/                                 publication of the Notice of Initiation.
                                                format, translation, and service of                                                                                           Because deadlines in Sunset Reviews
                                                                                                           1304frn/2013-08227.txt, prior to
                                                documents. These rules, including                                                                                          can be very short, we urge interested
                                                                                                           submitting factual information in these
                                                electronic filing requirements via                                                                                         parties who want access to proprietary
                                                                                                           segments. To the extent that other                              information under administrative
                                                Enforcement and Compliance’s
                                                                                                           regulations govern the submission of                            protective order (‘‘APO’’) to file an APO
                                                Antidumping and Countervailing Duty
                                                                                                           factual information in a segment (such                          application immediately following
                                                Centralized Electronic Service System
                                                (‘‘ACCESS’’), can be found at 19 CFR                       as 19 CFR 351.218), these time limits                           publication in the Federal Register of
                                                351.303.1                                                  will continue to be applied. Parties are                        this notice of initiation. The
                                                   This notice serves as a reminder that                   also advised to review the final rule                           Department’s regulations on submission
                                                any party submitting factual information                   concerning the extension of time limits                         of proprietary information and
                                                in an AD/CVD proceeding must certify                       for submissions in AD/CVD                                       eligibility to receive access to business
                                                to the accuracy and completeness of that                   proceedings, available at http://                               proprietary information under APO can
                                                information.2 Parties are hereby                           enforcement.trade.gov/frn/2013/                                 be found at 19 CFR 351.304–306.
                                                reminded that revised certification                        1309frn/2013-22853.txt, prior to
                                                                                                           submitting factual information in these                         Information Required From Interested
                                                requirements are in effect for company/
                                                                                                           segments.5                                                      Parties
                                                government officials as well as their
                                                                                                                                                                             Domestic interested parties, as
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                                                representatives in these segments.3 The
                                                                                                           Countervailing Duty Proceedings, 78 FR 42678 (July              defined in section 771(9)(C), (D), (E), (F),
                                                  1 See also Antidumping and Countervailing Duty           17, 2013) (‘‘Final Rule’’) (amending 19 CFR                     and (G) of the Act and 19 CFR
                                                Proceedings: Electronic Filing Procedures;                 351.303(g)).                                                    351.102(b), wishing to participate in a
                                                Administrative Protective Order Procedures, 76 FR            4 See Definition of Factual Information and Time
                                                                                                                                                                           Sunset Review must respond not later
                                                39263 (July 6, 2011).                                      Limits for Submission of Factual Information: Final
                                                  2 See section 782(b) of the Act.                         Rule, 78 FR 21246 (April 10, 2013).                             than 15 days after the date of
                                                  3 See Certification of Factual Information To              5 See Extension of Time Limits, 78 FR 57790                   publication in the Federal Register of
                                                Import Administration During Antidumping and               (September 20, 2013).                                           this notice of initiation by filing a notice


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                                                                                 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices                                                  50463

                                                of intent to participate. The required                        Form Number(s): None.                                Affected Public: Business or other for-
                                                contents of the notice of intent to                           Type of Request: Regular (request for              profit organizations; not-for-profit
                                                participate are set forth at 19 CFR                        extension of a currently approved                     institutions; individuals or households.
                                                351.218(d)(1)(ii). In accordance with the                  information collection).                                Frequency: Intermittently (every 2–3
                                                Department’s regulations, if we do not                        Number of Respondents: 460.                        years).
                                                receive a notice of intent to participate                     Average Hours per Response: 30                       Respondent’s Obligation: Voluntary.
                                                from at least one domestic interested                      minutes.                                                This information collection request
                                                party by the 15-day deadline, the                             Burden Hours: 143.                                 may be viewed at reginfo.gov. Follow
                                                Department will automatically revoke                          Needs and Uses: This request is for                the instructions to view Department of
                                                the order without further review.6                         revision and extension of a currently                 Commerce collections currently under
                                                   If we receive an order-specific notice                  approved information collection. The                  review by OMB.
                                                of intent to participate from a domestic                   revision consists of minor changes to                   Written comments and
                                                interested party, the Department’s                         the information collection tool.                      recommendations for the proposed
                                                                                                              Historically, changes in fisheries                 information collection should be sent
                                                regulations provide that all parties
                                                                                                           management regulations have been                      within 30 days of publication of this
                                                wishing to participate in a Sunset
                                                                                                           shown to result in impacts to                         notice to OIRA_Submission@
                                                Review must file complete substantive
                                                                                                           individuals within the fishery. An                    omb.eop.gov or fax to (202) 395–5806.
                                                responses not later than 30 days after
                                                                                                           understanding of social impacts in
                                                the date of publication in the Federal                                                                             Dated: July 26, 2016.
                                                                                                           fisheries—achieved through the
                                                Register of this notice of initiation. The                                                                       Sarah Brabson,
                                                                                                           collection of data on fishing
                                                required contents of a substantive                         communities, as well as on individuals                NOAA PRA Clearance Officer.
                                                response, on an order-specific basis, are                  who fish—is a requirement under                       [FR Doc. 2016–18076 Filed 7–29–16; 8:45 am]
                                                set forth at 19 CFR 351.218(d)(3). Note                    several federal laws. Laws such as the                BILLING CODE 3510–22–P
                                                that certain information requirements                      National Environmental Protection Act
                                                differ for respondent and domestic                         and the Magnuson Stevens Fishery
                                                parties. Also, note that the Department’s                  Conservation Act (as amended 2007)                    DEPARTMENT OF COMMERCE
                                                information requirements are distinct                      describe such requirements. The
                                                from the Commission’s information                          collection of this data not only helps to             National Oceanic and Atmospheric
                                                requirements. Consult the Department’s                     inform legal requirements for the                     Administration
                                                regulations for information regarding                      existing management actions, but will
                                                the Department’s conduct of Sunset                                                                               [Docket No. 150122069–6596–02]
                                                                                                           inform future management actions
                                                Reviews. Consult the Department’s                          requiring equivalent information.                     RIN 0648–XD740
                                                regulations at 19 CFR part 351 for                            Literature indicates fisheries
                                                definitions of terms and for other                         rationalization programs have an impact               Endangered and Threatened Wildlife
                                                general information concerning                             on those individuals participating in the             and Plants; Notice of 12-Month Finding
                                                antidumping and countervailing duty                        affected fishery. The Pacific Fisheries               on Petitions To List Porbeagle Shark
                                                proceedings at the Department.                             Management Council implemented a                      as Threatened or Endangered Under
                                                   This notice of initiation is being                      rationalization program for the Pacific               the Endangered Species Act (ESA)
                                                published in accordance with section                       Coast Groundfish limited entry trawl                  AGENCY:  National Marine Fisheries
                                                751(c) of the Act and 19 CFR 351.218(c).                   fishery in January 2011. This research                Service (NMFS), National Oceanic and
                                                  Dated: July 28, 2016.                                    aims to continue to study the                         Atmospheric Administration (NOAA),
                                                Christian Marsh,                                           individuals in the affected fishery over              Commerce.
                                                Deputy Assistant Secretary for Antidumping                 the long term. Data collection will shift             ACTION: Notice; 12-month finding and
                                                and Countervailing Duty Operations.                        from a timing related to changes in the               availability of status review document.
                                                [FR Doc. 2016–18297 Filed 7–29–16; 8:45 am]                catch share program design elements to
                                                BILLING CODE 3510–DS–P                                     a five-year cycle. In addition, the study             SUMMARY:   We, the National Marine
                                                                                                           will compare results to previous data                 Fisheries Service, have completed a
                                                                                                           collection efforts in 2010, 2012, and                 comprehensive status review under the
                                                DEPARTMENT OF COMMERCE                                     2015/2016. The data collected will                    Endangered Species Act (ESA) for
                                                                                                           provide updated and more                              porbeagle shark (Lamna nasus) in
                                                National Oceanic and Atmospheric                           comprehensive descriptions of the                     response to petitions to list this species.
                                                Administration                                             industry as well as allow for analysis of             Based on the best scientific and
                                                                                                           changes the rationalization program                   commercial information available,
                                                Submission for OMB Review;                                 may create in the fishery. The                        including the status review report
                                                Comment Request                                            measurement of these changes will lead                (Curtis et al., 2016), and taking into
                                                  The Department of Commerce will                          to a greater understanding of the social              account ongoing efforts to protect these
                                                submit to the Office of Management and                     impacts the management measure may                    species, we have determined that
                                                Budget (OMB) for clearance the                             have on the individuals in the fishery.               porbeagle sharks do not warrant listing
                                                following proposal for collection of                       To achieve these goals, it is critical to             at this time. This review identified two
                                                information under the provisions of the                    continue data collection for comparison               Distinct Population Segments (DPS)—
                                                Paperwork Reduction Act (44 U.S.C.                         to previously collected data and                      North Atlantic and Southern
                                                                                                           establish a time-series which will                    Hemisphere—of porbeagle sharks. We
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                                                Chapter 35).
                                                  Agency: National Oceanic and                             identify changes over the long term.                  conclude that neither is currently in
                                                Atmospheric Administration (NOAA).                         Analysis can also be correlated with any              danger of extinction throughout all or a
                                                  Title: Pacific Coast Groundfish                          regulatory adjustments due to the                     significant portion of its range or likely
                                                Fishery Rationalization Social Study.                      upcoming five-year review of the                      to become so in the foreseeable future.
                                                  OMB Control Number: 0648–0606.                           program. This study will continue data                We also conclude that the species itself
                                                                                                           collection efforts to achieve the stated              is not currently in danger of extinction
                                                  6 See   19 CFR 351.218(d)(1)(iii).                       objectives.                                           throughout all or a significant portion of


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Document Created: 2016-07-30 06:26:09
Document Modified: 2016-07-30 06:26:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactThe Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193.
FR Citation81 FR 50462 

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