81_FR_68158 81 FR 67967 - Initiation of Five-Year (“Sunset”) Review

81 FR 67967 - Initiation of Five-Year (“Sunset”) Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range67967-67968
FR Document2016-23828

In accordance with 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 191 (Monday, October 3, 2016) 
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 67967-67968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23828]


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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 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 on October 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-570-899...................  731-TA-1091              PRC              Artist Canvas (2nd   David Goldberger,
                                                                         Review).             (202) 482-4136.
A-570-832...................  731-TA-696               PRC              Pure Magnesium (4th  David Goldberger,
                                                                         Review).             (202) 482-4136.
----------------------------------------------------------------------------------------------------------------

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.
    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),

[[Page 67968]]

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: September 22, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-23828 Filed 9-30-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices 67967 purposes only. The written description of the (‘‘the Commission’’) is publishing Year (‘‘Sunset’’) Reviews of scope of these orders is dispositive. concurrently with this notice its notice Antidumping and Countervailing Duty [FR Doc. 2016–23836 Filed 9–30–16; 8:45 a.m.] of Institution of Five-Year Review which Orders, 63 FR 13516 (March 20, 1998) BILLING CODE 3510–DS–P covers the same order(s). and 70 FR 62061 (October 28, 2005). DATES: Effective on October 1, 2016. Guidance on methodological or FOR FURTHER INFORMATION CONTACT: The analytical issues relevant to the DEPARTMENT OF COMMERCE Department official identified in the Department’s conduct of Sunset Initiation of Review section below at Reviews is set forth in Antidumping International Trade Administration AD/CVD Operations, Enforcement and Proceedings: Calculation of the Initiation of Five-Year (‘‘Sunset’’) Compliance, International Trade Weighted-Average Dumping Margin and Review Administration, U.S. Department of Assessment Rate in Certain Commerce, 14th Street and Constitution Antidumping Duty Proceedings; Final AGENCY: Enforcement and Compliance, Avenue NW., Washington, DC 20230. International Trade Administration, Modification, 77 FR 8101 (February 14, For information from the Commission 2012). Department of Commerce. contact Mary Messer, Office of SUMMARY: In accordance with the Tariff Investigations, U.S. International Trade Initiation of Review Act of 1930, as amended (‘‘the Act’’), the Commission at (202) 205–3193. Department of Commerce (‘‘the SUPPLEMENTARY INFORMATION: In accordance with 19 CFR Department’’) is automatically initiating 351.218(c), we are initiating Sunset the five-year review (‘‘Sunset Review’’) Background Reviews of the following antidumping of the antidumping and countervailing The Department’s procedures for the and countervailing duty order(s): duty (‘‘AD/CVD’’) order(s) listed below. conduct of Sunset Reviews are set forth The International Trade Commission in its Procedures for Conducting Five- DOC case No. ITC case No. Country Product Department contact A–570–899 ............ 731–TA–1091 PRC Artist Canvas (2nd Review) ............................. David Goldberger, (202) 482–4136. A–570–832 ............ 731–TA–696 PRC Pure Magnesium (4th Review) ........................ David Goldberger, (202) 482–4136. Filing Information representatives in these segments.3 The submitting factual information in these formats for the revised certifications are segments.5 As a courtesy, we are making provided at the end of the Final Rule. information related to sunset Letters of Appearance and The Department intends to reject factual Administrative Protective Orders proceedings, including copies of the submissions if the submitting party does pertinent statute and Department’s not comply with the revised Pursuant to 19 CFR 351.103(d), the regulations, the Department’s schedule certification requirements. Department will maintain and make for Sunset Reviews, a listing of past available a public service list for these revocations and continuations, and On April 10, 2013, the Department proceedings. Parties wishing to current service lists, available to the modified two regulations related to AD/ participate in any of these five-year public on the Department’s Web site at CVD proceedings: the definition of reviews must file letters of appearance the following address: ‘‘http:// factual information (19 CFR as discussed at 19 CFR 351.103(d)). To enforcement.trade.gov/sunset/.’’ All 351.102(b)(21)), and the time limits for facilitate the timely preparation of the submissions in these Sunset Reviews the submission of factual information public service list, it is requested that must be filed in accordance with the (19 CFR 351.301).4 Parties are advised to those seeking recognition as interested Department’s regulations regarding review the final rule, available at http:// parties to a proceeding submit an entry format, translation, and service of enforcement.trade.gov/frn/2013/ of appearance within 10 days of the documents. These rules, including 1304frn/2013-08227.txt, prior to publication of the Notice of Initiation. submitting factual information in these Because deadlines in Sunset Reviews electronic filing requirements via segments. To the extent that other can be very short, we urge interested Enforcement and Compliance’s regulations govern the submission of parties who want access to proprietary Antidumping and Countervailing Duty information under administrative Centralized Electronic Service System factual information in a segment (such as 19 CFR 351.218), these time limits protective order (‘‘APO’’) to file an APO (‘‘ACCESS’’), can be found at 19 CFR application immediately following 351.303.1 will continue to be applied. Parties are also advised to review the final rule publication in the Federal Register of This notice serves as a reminder that this notice of initiation. The concerning the extension of time limits any party submitting factual information Department’s regulations on submission for submissions in AD/CVD in an AD/CVD proceeding must certify of proprietary information and proceedings, available at http:// to the accuracy and completeness of that eligibility to receive access to business enforcement.trade.gov/frn/2013/ proprietary information under APO can information.2 Parties are hereby 1309frn/2013-22853.txt, prior to be found at 19 CFR 351.304–306. reminded that revised certification sradovich on DSK3GMQ082PROD with NOTICES requirements are in effect for company/ 3 See Certification of Factual Information To Information Required From Interested government officials as well as their Import Administration During Antidumping and Parties Countervailing Duty Proceedings, 78 FR 42678 (July 1 See also Antidumping and Countervailing Duty 17, 2013) (‘‘Final Rule’’) (amending 19 CFR Domestic interested parties, as Proceedings: Electronic Filing Procedures; 351.303(g)). defined in section 771(9)(C), (D), (E), (F), Administrative Protective Order Procedures, 76 FR 4 See Definition of Factual Information and Time 39263 (July 6, 2011). Limits for Submission of Factual Information: Final 5 See Extension of Time Limits, 78 FR 57790 2 See section 782(b) of the Act. Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013). VerDate Sep<11>2014 17:56 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1

67968 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices and (G) of the Act and 19 CFR Operations, Customs Liaison Unit, substantial amount of detailed 351.102(b), wishing to participate in a Enforcement and Compliance, information and analysis, which often Sunset Review must respond not later International Trade Administration, require follow-up questions and than 15 days after the date of U.S. Department of Commerce, 14th analysis. Accordingly, the Department publication in the Federal Register of Street and Constitution Avenue NW., will not conduct collapsing analyses at this notice of initiation by filing a notice Washington, DC 20230, telephone: (202) the respondent selection phase of this of intent to participate. The required 482–4735. review and will not collapse companies contents of the notice of intent to SUPPLEMENTARY INFORMATION: at the respondent selection phase unless participate are set forth at 19 CFR there has been a determination to 351.218(d)(1)(ii). In accordance with the Background collapse certain companies in a Department’s regulations, if we do not Each year during the anniversary previous segment of this antidumping receive a notice of intent to participate month of the publication of an proceeding (i.e., investigation, from at least one domestic interested antidumping or countervailing duty administrative review, new shipper party by the 15-day deadline, the order, finding, or suspended review or changed circumstances Department will automatically revoke investigation, an interested party, as review). For any company subject to this the order without further review.6 defined in section 771(9) of the Tariff review, if the Department determined, If we receive an order-specific notice Act of 1930, as amended (‘‘the Act’’), or continued to treat, that company as of intent to participate from a domestic may request, in accordance with 19 CFR collapsed with others, the Department interested party, the Department’s 351.213, that the Department of will assume that such companies regulations provide that all parties Commerce (‘‘the Department’’) conduct continue to operate in the same manner wishing to participate in a Sunset an administrative review of that and will collapse them for respondent Review must file complete substantive antidumping or countervailing duty selection purposes. Otherwise, the responses not later than 30 days after order, finding, or suspended Department will not collapse companies the date of publication in the Federal investigation. for purposes of respondent selection. Register of this notice of initiation. The All deadlines for the submission of Parties are requested to (a) identify required contents of a substantive comments or actions by the Department which companies subject to review response, on an order-specific basis, are discussed below refer to the number of previously were collapsed, and (b) set forth at 19 CFR 351.218(d)(3). Note calendar days from the applicable provide a citation to the proceeding in that certain information requirements starting date. which they were collapsed. Further, if differ for respondent and domestic Respondent Selection companies are requested to complete parties. Also, note that the Department’s the Quantity and Value Questionnaire information requirements are distinct In the event the Department limits the for purposes of respondent selection, in from the Commission’s information number of respondents for individual general each company must report requirements. Consult the Department’s examination for administrative reviews volume and value data separately for regulations for information regarding initiated pursuant to requests made for itself. Parties should not include data the Department’s conduct of Sunset the orders identified below, the for any other party, even if they believe Reviews. Consult the Department’s Department intends to select they should be treated as a single entity regulations at 19 CFR part 351 for respondents based on U.S. Customs and with that other party. If a company was definitions of terms and for other Border Protection (‘‘CBP’’) data for U.S. collapsed with another company or general information concerning imports during the period of review. We companies in the most recently antidumping and countervailing duty intend to release the CBP data under completed segment of this proceeding proceedings at the Department. Administrative Protective Order where the Department considered This notice of initiation is being (‘‘APO’’) to all parties having an APO collapsing that entity, complete quantity published in accordance with section within five days of publication of the and value data for that collapsed entity 751(c) of the Act and 19 CFR 351.218(c). initiation notice and to make our must be submitted. decision regarding respondent selection Dated: September 22, 2016. within 21 days of publication of the Deadline for Withdrawal of Request for Christian Marsh, initiation Federal Register notice. Administrative Review Deputy Assistant Secretary for Antidumping Therefore, we encourage all parties Pursuant to 19 CFR 351.213(d)(1), a and Countervailing Duty Operations. interested in commenting on respondent party that requests a review may [FR Doc. 2016–23828 Filed 9–30–16; 8:45 am] selection to submit their APO withdraw that request within 90 days of BILLING CODE 3510–DS–P applications on the date of publication the date of publication of the notice of of the initiation notice, or as soon initiation of the requested review. The thereafter as possible. The Department regulation provides that the Department DEPARTMENT OF COMMERCE invites comments regarding the CBP may extend this time if it is reasonable data and respondent selection within to do so. In order to provide parties International Trade Administration additional certainty with respect to five days of placement of the CBP data Antidumping or Countervailing Duty on the record of the review. when the Department will exercise its Order, Finding, or Suspended In the event the Department decides discretion to extend this 90-day Investigation; Opportunity To Request it is necessary to limit individual deadline, interested parties are advised Administrative Review examination of respondents and that, with regard to reviews requested on the basis of anniversary months on sradovich on DSK3GMQ082PROD with NOTICES conduct respondent selection under AGENCY: Enforcement and Compliance, section 777A(c)(2) of the Act: or after October 2016, the Department International Trade Administration, In general, the Department finds that does not intend to extend the 90-day Department of Commerce. determinations concerning whether deadline unless the requestor FOR FURTHER INFORMATION CONTACT: particular companies should be demonstrates that an extraordinary Brenda E. Waters, Office of AD/CVD ‘‘collapsed’’ (i.e., treated as a single circumstance prevented it from entity for purposes of calculating submitting a timely withdrawal request. 6 See 19 CFR 351.218(d)(1)(iii). antidumping duty rates) require a Determinations by the Department to VerDate Sep<11>2014 17:56 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1


Document Created: 2018-02-13 14:11:30
Document Modified: 2018-02-13 14:11:30
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
DatesEffective on October 1, 2016.
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 67967 
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