81 FR 60343 - Initiation of Five-Year (“Sunset”) Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 170 (September 1, 2016)
International Trade Administration
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60343-60345 | |
| FR Document | 2016-21209 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Notices] [Pages 60343-60345] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21209] ----------------------------------------------------------------------- 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: September 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 [[Page 60344]] 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-533-806....................... 731-TA-561........ India............. Sulfanilic Acid David Goldberger (4th Review). 202-482-4136. C-533-807....................... 701-TA-318........ India............. Sulfanilic Acid David Goldberger (4th Review). 202-482-4136. A-570-815....................... 731-TA-538........ PRC............... Sulfanilic Acid David Goldberger (4th Review). (202) 482-4136. A-588-850....................... 731-TA-847........ Japan............. Carbon and Alloy David Goldberger Seamless (202) 482-4136. Standard, Line, and Pressure Pipe (Over 4\1/2\ Inches) (3rd Review). A-588-851....................... 731-TA-847........ Japan............. Carbon and Alloy David Goldberger Seamless (202) 482-4136. Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) (3rd Review). A-485-805....................... 731-TA-849........ Romania........... Carbon and Alloy David Goldberger Seamless (202) 482-4136. Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) (3rd 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. --------------------------------------------------------------------------- \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 [[Page 60345]] from the Commission's information requirements. Consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. Consult the Department's regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: August 25, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-21209 Filed 8-31-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60343
International Trade Commission (ITC) the fabric is colored. Industrial grade 7019.59.9021, and 7019.59.9096 of the
Notification amorphous silica fabric may be coated or Harmonized Tariff Schedule of the United
treated with materials that include, but are States (HTSUS), but may also enter under
In accordance with section 733(f) of not limited to, oils, vermiculite, acrylic latex HTSUS subheadings 7019.40.4030,
the Act, we will notify the International compound, silicone, aluminized polyester 7019.40.4060, 7019.40.9030, 7019.40.9060,
Trade Commission (ITC) of our (Mylar®) film, pressure-sensitive adhesive, or 7019.51.9010, 7019.51.9090, 7019.52.9010,
preliminary determination of sales at other coatings and treatments. The 7019.52.9021, 7019.52.9096 and
LTFV. If our final determination is investigation covers industrial grade 7019.90.1000. HTSUS subheadings are
amorphous silica fabric regardless of whether provided for convenience and customs
affirmative, the ITC will determine
the fabric is coated or treated, and regardless purposes only; the written description of the
before the later of 120 days after the date of coating or treatment weight as a percentage scope of this investigation is dispositive.
of this preliminary determination or 45 of total product weight. Industrial grade [FR Doc. 2016–21095 Filed 8–31–16; 8:45 am]
days after our final determination amorphous silica fabric may be heat-cleaned.
BILLING CODE 3510–DS–P
whether these imports are materially The investigation covers industrial grade
injuring, or threaten material injury to, amorphous silica fabric regardless of whether
the U.S. industry. the fabric is heat-cleaned.
Industrial grade amorphous silica fabric DEPARTMENT OF COMMERCE
This determination is issued and
published in accordance with sections may be imported in rolls or may be cut-to-
length and then further fabricated to make International Trade Administration
733(f) and 777(i)(I) of the Act and 19
welding curtains, welding blankets, welding
CFR 351.205(c). pads, fire blankets, fire pads, or fire screens. Initiation of Five-Year (‘‘Sunset’’)
Dated: August 24, 2016. Regardless of the name, all industrial grade Review
Paul Piquado, amorphous silica fabric that has been further AGENCY: Enforcement and Compliance,
Assistant Secretary for Enforcement and cut-to-length or cut-to-width or further
finished by finishing the edges and/or adding
International Trade Administration,
Compliance. Department of Commerce.
grommets, is included within the scope of
Appendix I—List of Topics Discussed in this investigation. SUMMARY: In accordance with section
the Preliminary Decision Memorandum Subject merchandise also includes (1) any 751(c) of the Tariff Act of 1930, as
industrial grade amorphous silica fabric that amended (‘‘the Act’’), the Department of
I. Summary has been converted into industrial grade Commerce (‘‘the Department’’) is
II. Background amorphous silica fabric in China from automatically initiating the five-year
III. Period of Investigation fiberglass cloth produced in a third country; review (‘‘Sunset Review’’) of the
IV. Preliminary Determination of Critical and (2) any industrial grade amorphous silica
Circumstances antidumping and countervailing duty
fabric that has been further processed in a (‘‘AD/CVD’’) order(s) listed below. The
V. Scope of the Investigation third country prior to export to the United
VI. Discussion of the Methodology States, including but not limited to treating,
International Trade Commission (‘‘the
A. Non-Market Economy Country coating, slitting, cutting to length, cutting to Commission’’) is publishing
B. Surrogate Country and Surrogate Value width, finishing the edges, adding grommets, concurrently with this notice its notice
Comments or any other processing that would not of Institution of Five-Year Review which
C. Separate Rates otherwise remove the merchandise from the covers the same order(s).
D. The PRC-wide Entity scope of the investigation if performed in the DATES: Effective Date: September 1,
E. Application of Facts Available and country of manufacture of the in-scope
Adverse Inferences 2016.
industrial grade amorphous silica fabric.
F. Date of Sale Excluded from the scope of the FOR FURTHER INFORMATION CONTACT: The
G. Comparisons to Fair Value investigation is amorphous silica fabric that Department official identified in the
VII. Currency Conversion is subjected to controlled shrinkage, which is Initiation of Review section below at
VIII. Adjustment Under Section 777A(F) of also called ‘‘pre-shrunk’’ or ‘‘aerospace AD/CVD Operations, Enforcement and
the Act grade’’ amorphous silica fabric. In order to be
IX. Adjustment for Countervailable Subsidies
Compliance, International Trade
excluded as a pre-shrunk or aerospace grade Administration, U.S. Department of
X. Disclosure and Public Comment amorphous silica fabric, the amorphous silica
XI. Verification Commerce, 14th Street and Constitution
fabric must meet the following exclusion
XII. Conclusion criteria: (l) The amorphous silica fabric must Avenue NW., Washington, DC 20230.
contain a minimum of 98 percent silica For information from the Commission
Appendix II—Scope of the Investigation contact Mary Messer, Office of
(SiO2) by nominal weight; (2) the amorphous
The product covered by this investigation silica fabric must have an areal shrinkage of Investigations, U.S. International Trade
is woven (whether from yarns or rovings) 4 percent or less; (3) the amorphous silica Commission at (202) 205–3193.
industrial grade amorphous silica fabric, fabric must contain no coatings or treatments; SUPPLEMENTARY INFORMATION:
which contains a minimum of 90 percent and (4) the amorphous silica fabric must be
silica (SiO2) by nominal weight, and a white in color. For purposes of this scope, Background
nominal width in excess of 8 inches. The ‘‘areal shrinkage’’ refers to the extent to The Department’s procedures for the
investigation covers industrial grade which a specimen of amorphous silica fabric
amorphous silica fabric regardless of other shrinks while subjected to heating at 1800
conduct of Sunset Reviews are set forth
materials contained in the fabric, regardless degrees F for 30 minutes.16 in its Procedures for Conducting Five-
of whether in roll form or cut-to-length, Also excluded from the scope are Year (‘‘Sunset’’) Reviews of
regardless of weight, width (except as noted amorphous silica fabric rope and tubing (or Antidumping and Countervailing Duty
above), or length. The investigation covers sleeving). Amorphous silica fabric rope is a Orders, 63 FR 13516 (March 20, 1998)
industrial grade amorphous silica fabric knitted or braided product made from and 70 FR 62061 (October 28, 2005).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
regardless of whether the product is amorphous silica yarns. Silica tubing (or Guidance on methodological or
approved by a standards testing body (such sleeving) is braided into a hollow sleeve from analytical issues relevant to the
as being Factory Mutual (FM) Approved), or amorphous silica yarns. Department’s conduct of Sunset
regardless of whether it meets any The subject imports are normally classified
governmental specification.
Reviews is set forth in Antidumping
in subheadings 7019.59.4021, 7019.59.4096,
Industrial grade amorphous silica fabric Proceedings: Calculation of the
may be produced in various colors. The 16 Areal shrinkage is expressed as the following Weighted-Average Dumping Margin and
investigation covers industrial grade percentage: ((Fired Area, em2¥Initial Area, cm2)/ Assessment Rate in Certain
amorphous silica fabric regardless of whether Initial Area, cm2) × 100 = Areal Shrinkage, %. Antidumping Duty Proceedings; Final
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![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60345
from the Commission’s information person aggrieved by the Secretary’s 42. Valley Fig Growers, Fresno, CA
requirements. Consult the Department’s determination may, within 30 days of
regulations for information regarding the date of this notice, bring an action No change has been made regarding
the Department’s conduct of Sunset in any appropriate district court of the the Export Trade, Export Trade
Reviews. Consult the Department’s United States to set aside the Activities or Methods of Operation
regulations at 19 CFR part 351 for determination on the ground that the covered by the Certificate.
definitions of terms and for other determination is erroneous. The amended Certificate of Review is
general information concerning effective from May 9, 2016, the date on
Description of Amended Certificate which the application for an
antidumping and countervailing duty
proceedings at the Department. DFA’s Export Trade Certificate of amendment was deemed submitted.
This notice of initiation is being Review has been amended to make the Dated: August 26, 2016.
published in accordance with section following changes to the list of Members
Emily Kilcrease,
751(c) of the Act and 19 CFR 351.218(c). covered by the Certificate:
Proposed Amendment: Office of Trade and Economic Analysis,
Dated: August 25, 2016. International Trade Administration.
1. Change the name of existing
Christian Marsh, Member Diamond Foods, Inc. to [FR Doc. 2016–21072 Filed 8–31–16; 8:45 am]
Deputy Assistant Secretary for Antidumping Diamond Foods, LLC. BILLING CODE 3510–DR–P
and Countervailing Duty Operations. The Members covered by the
[FR Doc. 2016–21209 Filed 8–31–16; 8:45 am] amended Export Trade Certificate of
BILLING CODE 3510–DS–P Review are listed below: DEPARTMENT OF COMMERCE
1. Alpine Pacific Nut Company, Hughson, CA National Oceanic and Atmospheric
2. Andersen & Sons Shelling, Vina, CA
DEPARTMENT OF COMMERCE Administration
3. Avanti Nut Company, Inc., Stockton, CA
4. Berberian Nut Company, LLC, Chico, CA
International Trade Administration 5. Carriere Family Farms, Inc., Glenn, CA RIN 0648–XE849
[Application No. 14–3A004] 6. California Almond Packers and Exporters
(CAPEX), Corning CA New England Fishery Management
Export Trade Certificate of Review 7. California Walnut Company, Inc., Los Council; Public Meeting
Molinos, CA
ACTION:Notice of Issuance of an 8. Chico Nut Company, Chico, CA AGENCY: National Marine Fisheries
amended Export Trade Certificate of 9. Continente Nut LLC, Oakley, CA Service (NMFS), National Oceanic and
10. C. R. Crain & Sons, Inc., Los Molinos, CA
Review to DFA of California (‘‘DFA’’), 11. Crain Walnut Shelling, Inc., Los Molinos,
Atmospheric Administration (NOAA),
Application No. 14–3A004. CA Commerce.
12. Crisp California Walnuts, Stratford, CA ACTION: Notice of public meeting.
SUMMARY: The Secretary of Commerce, 13. Diamond Foods, LLC, Stockton, CA
through the Office of Trade and 14. Empire Nut Company, Colusa, CA
Economic Analysis (‘‘OTEA’’), issued an 15. Fig Garden Packing, Inc., Fresno, CA SUMMARY: The New England Fishery
amended Export Trade Certificate of 16. Gold River Orchards, Inc., Escalon, CA Management Council (Council, NEFMC)
Review to DFA of California (‘‘DFA’’) on 17. Grower Direct Nut Company, Hughson, will hold a three-day meeting to
August 8, 2016. CA consider actions affecting New England
FOR FURTHER INFORMATION CONTACT:
18. GSF Nut Company, Orosi, CA fisheries in the exclusive economic zone
19. Guerra Nut Shelling Company, Hollister, (EEZ).
Joseph E. Flynn, Director, Office of CA
Trade and Economic Analysis, 20. Hill View Packing Company Inc., DATES: The meeting will be held on
International Trade Administration, by Gustine, CA Tuesday, Wednesday, and Thursday,
telephone at (202) 482–5131 (this is not 21. Mariani Nut Company, Winters, CA September 20, 21, and 22, 2016. It will
a toll-free number) or email at etca@ 22. Mariani Packing Company, Inc., start at 9 a.m. on September 20; 8:30
trade.gov. Vacaville, CA a.m. on September 21; and at 8:30 a.m.
23. Mid Valley Nut Company Inc., Hughson,
SUPPLEMENTARY INFORMATION: Title III of CA on September 22, 2016.
the Export Trading Company Act of 24. Morada Nut Company, LP, Stockton, CA ADDRESSES: The meeting will be held at
1982 (15 U.S.C. Sections 4001–21) 25. National Raisin Company, Fowler, CA the DoubleTree by Hilton Hotel, 50
authorizes the Secretary of Commerce to 26. O–G Nut Company, Stockton, CA
Ferncroft Road, Danvers, MA 01923;
issue Export Trade Certificates of 27. Omega Walnut, Inc., Orland, CA
28. Pearl Crop, Inc., Stockton, CA telephone: (978) 777–2500; online at
Review. An Export Trade Certificate of http://doubletree3.hilton.com/en/hotels/
Review protects the holder and the 29. Poindexter Nut Company, Selma, CA
30. Prima Noce Packing, Linden, CA massachusetts/doubletree-by-hilton-
members identified in the Certificate 31. RPC Packing Inc., Porterville, CA hotel-boston-north-shore-BOSNSDT/
from State and Federal government 32. Sacramento Packing, Inc., Yuba City, CA index.html.
antitrust actions and from private treble 33. Sacramento Valley Walnut Growers, Inc.,
damage antitrust actions for the export Yuba City, CA
Council address: New England
conduct specified in the Certificate and 34. San Joaquin Figs, Inc., Fresno, CA Fishery Management Council, 50 Water
carried out in compliance with its terms 35. Shoei Foods USA, Inc., Olivehurst, CA Street, Mill 2, Newburyport, MA 01950;
and conditions. The regulations 36. Stapleton-Spence Packing, Gridley, CA telephone: (978) 465–0492;
asabaliauskas on DSK3SPTVN1PROD with NOTICES
implementing Title III are found at 15 37. Sun-Maid Growers of California, www.nefmc.org.
CFR part 325 (2016). Kingsburg, CA
38. Sunsweet Growers Inc., Yuba City, CA FOR FURTHER INFORMATION CONTACT:
OTEA is issuing this notice pursuant
39. Taylor Brothers Farms, Inc., Yuba City, Thomas A. Nies, Executive Director,
to 15 CFR 325.6(b), which requires the CA New England Fishery Management
Secretary of Commerce to publish a 40. T.M. Duche Nut Company, Inc., Orland, Council; telephone: (978) 465–0492, ext.
summary of the certification in the CA 113.
Federal Register. Under Section 305(a) 41. Wilbur Packing Company, Inc., Live Oak,
of the Act and 15 CFR 325.11(a), any CA SUPPLEMENTARY INFORMATION:
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Document Created: 2018-02-09 11:57:26
Document Modified: 2018-02-09 11:57:26
| 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: September 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 60343 |
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