81 FR 86697 - Initiation of Five-Year (“Sunset”) Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 231 (December 1, 2016)
International Trade Administration
Federal Register Volume 81, Issue 231 (December 1, 2016)
| Page Range | 86697-86699 | |
| FR Document | 2016-28994 |
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)] [Notices] [Pages 86697-86699] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (``Sunset'') Reviews 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 reviews (``Sunset Reviews'') 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: December 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): [[Page 86698]] [GRAPHIC] [TIFF OMITTED] TN01DE16.001 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). --------------------------------------------------------------------------- [[Page 86699]] 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- 351.306. 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: November 28, 2016. Erin Begnal, Director, Office III, Antidumping and Countervailing Duty Operations. [FR Doc. 2016-28994 Filed 11-30-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices 86697
the last day of December 2016. If the DEPARTMENT OF COMMERCE Investigations, U.S. International Trade
Department does not receive, by the last Commission at (202) 205–3193.
day of December 2016, a request for International Trade Administration
SUPPLEMENTARY INFORMATION:
review of entries covered by an order,
finding, or suspended investigation Initiation of Five-Year (‘‘Sunset’’) Background
listed in this notice and for the period Reviews
identified above, the Department will The Department’s procedures for the
instruct CBP to assess antidumping or AGENCY: Enforcement and Compliance, conduct of Sunset Reviews are set forth
countervailing duties on those entries at International Trade Administration, in its Procedures for Conducting Five-
a rate equal to the cash deposit of (or Department of Commerce. Year (‘‘Sunset’’) Reviews of
bond for) estimated antidumping or SUMMARY: In accordance with section Antidumping and Countervailing Duty
countervailing duties required on those 751(c) of the Tariff Act of 1930, as Orders, 63 FR 13516 (March 20, 1998)
entries at the time of entry, or amended (‘‘the Act’’), the Department of and 70 FR 62061 (October 28, 2005).
withdrawal from warehouse, for Commerce (‘‘the Department’’) is Guidance on methodological or
consumption and to continue to collect automatically initiating the five-year analytical issues relevant to the
the cash deposit previously ordered. reviews (‘‘Sunset Reviews’’) of the Department’s conduct of Sunset
For the first administrative review of antidumping and countervailing duty Reviews is set forth in Antidumping
any order, there will be no assessment (‘‘AD/CVD’’) order(s) listed below. The
of antidumping or countervailing duties Proceedings: Calculation of the
International Trade Commission (‘‘the Weighted-Average Dumping Margin and
on entries of subject merchandise Commission’’) is publishing
entered, or withdrawn from warehouse, Assessment Rate in Certain
concurrently with this notice its notice Antidumping Duty Proceedings; Final
for consumption during the relevant of Institution of Five-Year Review which
provisional-measures ‘‘gap’’ period of Modification, 77 FR 8101 (February 14,
covers the same order(s). 2012).
the order, if such a gap period is
applicable to the period of review. DATES: Effective Date: December 1, 2016.
Initiation of Review
This notice is not required by statute FOR FURTHER INFORMATION CONTACT: The
but is published as a service to the Department official identified in the In accordance with 19 CFR
international trading community. Initiation of Review section below at 351.218(c), we are initiating Sunset
Dated: November 28, 2016. AD/CVD Operations, Enforcement and Reviews of the following antidumping
Gary Taverman, Compliance, International Trade and countervailing duty order(s):
Associate Deputy Assistant Secretary for Administration, U.S. Department of
Antidumping and Countervailing Duty Commerce, 14th Street and Constitution
Operations. Avenue NW., Washington, DC 20230.
[FR Doc. 2016–28857 Filed 11–30–16; 8:45 am] For information from the Commission
BILLING CODE 3510–DS–P contact Mary Messer, Office of
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Letters of Appearance and requirements. Consult the Department’s Preliminary Determination. On October
Administrative Protective Orders regulations for information regarding 19, 2016, the Department received
Pursuant to 19 CFR 351.103(d), the the Department’s conduct of Sunset timely filed allegations of ministerial
Department will maintain and make Reviews. Consult the Department’s errors in the Preliminary
available a public service list for these regulations at 19 CFR part 351 for Determination.2 On October 20, and
proceedings. Parties wishing to definitions of terms and for other October 24, 2016, the Department
participate in any of these five-year general information concerning received timely filed reply comments.3
reviews must file letters of appearance antidumping and countervailing duty
Period of Investigation
as discussed at 19 CFR 351.103(d)). To proceedings at the Department.
This notice of initiation is being The period of investigation is July 1,
facilitate the timely preparation of the
published in accordance with section 2015, through December 31, 2015.
public service list, it is requested that
751(c) of the Act and 19 CFR 351.218(c). Scope of the Investigation
those seeking recognition as interested
parties to a proceeding submit an entry Dated: November 28, 2016.
The product subject to this
of appearance within 10 days of the Erin Begnal, investigation is 1,1,1,2-
publication of the Notice of Initiation. Director, Office III, Antidumping and Tetrafluoroethane, R-134a, or its
Because deadlines in Sunset Reviews Countervailing Duty Operations. chemical equivalent, regardless of form,
can be very short, we urge interested [FR Doc. 2016–28994 Filed 11–30–16; 8:45 am] type, or purity level. The chemical
parties who want access to proprietary BILLING CODE 3510–DS–P formula for 1,1,1,2–tetrafluoroethane is
information under administrative CF3-CH2F, and the Chemical Abstracts
protective order (‘‘APO’’) to file an APO Service (‘‘CAS’’) registry number is CAS
application immediately following DEPARTMENT OF COMMERCE 811–97–2.4
publication in the Federal Register of Merchandise covered by the scope of
this notice of initiation. The International Trade Administration
this investigation is currently classified
Department’s regulations on submission [A–570–044] in the Harmonized Tariff Schedule of
of proprietary information and the United States (‘‘HTSUS’’) at
eligibility to receive access to business 1,1,1,2-Tetrafluoroethane (R-134a) subheading 2903.39.2020. Although the
proprietary information under APO can From the People’s Republic of China; HTSUS subheading and CAS registry
be found at 19 CFR 351.304–351.306. Amended Preliminary Affirmative number are provided for convenience
Determination of Sales at Less-Than- and customs purposes, the written
Information Required From Interested
Fair Value description of the scope is dispositive.
Parties
Domestic interested parties, as AGENCY: Enforcement and Compliance, Analysis of Significant Ministerial
defined in section 771(9)(C), (D), (E), (F), International Trade Administration, Error Allegation
and (G) of the Act and 19 CFR Commerce.
SUMMARY: The Department of Commerce The Department will analyze any
351.102(b), wishing to participate in a comments received and, if appropriate,
Sunset Review must respond not later (‘‘the Department’’) is amending the
preliminary determination of the less- correct any significant ministerial error
than 15 days after the date of by amending the preliminary
publication in the Federal Register of than-fair-value (‘‘LTFV’’) investigation
of 1,1,1,2-Tetrafluoroethane (‘‘R-134a’’) determination according to 19 CFR
this notice of initiation by filing a notice 351.224(e). A ministerial error is
of intent to participate. The required from the People’s Republic of China
(‘‘PRC’’) to correct significant defined in 19 CFR 351.224(f) as ‘‘an
contents of the notice of intent to error in addition, subtraction, or other
participate are set forth at 19 CFR ministerial errors with respect to our
preliminary determination. arithmetic function, clerical error
351.218(d)(1)(ii). In accordance with the resulting from inaccurate copying,
Department’s regulations, if we do not DATES: Effective December 1, 2016.
duplication, or the like, and any other
receive a notice of intent to participate FOR FURTHER INFORMATION CONTACT: similar type of unintentional error
from at least one domestic interested Keith Haynes or Paul Stolz, AD/CVD which the Secretary considers
party by the 15-day deadline, the Operations, Office III, Enforcement and ministerial.’’ 5 A significant ministerial
Department will automatically revoke Compliance, International Trade error is defined as an error, the
the order without further review.6 Administration, U.S. Department of correction of which, singly or in
If we receive an order-specific notice Commerce, 1401 Constitution Avenue combination with other errors, would
of intent to participate from a domestic NW., Washington, DC 20230; telephone: result in: (1) A change of at least five
interested party, the Department’s (202) 482–5139 or, (202) 482–4474,
regulations provide that all parties respectively. 2 See the ministerial error allegations from
wishing to participate in a Sunset SUPPLEMENTARY INFORMATION: Petitioners and Sanmei Chemical Industry Co., Ltd.
Review must file complete substantive (‘‘Sanmei’’), dated October 19, 2016.
responses not later than 30 days after Background 3 See the reply comments from Petitioners and
Sanmei, dated October 20, 2016, and October 24,
the date of publication in the Federal On October 7, 2016, the Department 2016, respectively. However, pursuant to 19 CFR
Register of this notice of initiation. The published its Preliminary 351.224(c)(3), the Department has not considered
required contents of a substantive Determination.1 On October 14, 2016, the rebuttal comments in its analysis.
4 1,1,1,2-Tetrafluoroethane is sold under a
response, on an order-specific basis, are the Department disclosed to interested number of trade names including Klea 134a and
jstallworth on DSK7TPTVN1PROD with NOTICES
set forth at 19 CFR 351.218(d)(3). Note parties its calculations for the Zephex 134a (Mexichem Fluor); Genetron 134a
that certain information requirements (Honeywell); FreonTM 134a, Suva 134a, Dymel
differ for respondent and domestic 1 See 1,1,1,2-Tetrafluoroethane (R-134a) From the 134a, and Dymel P134a (Chemours); Solkane 134a
parties. Also, note that the Department’s People’s Republic of China: Preliminary (Solvay); and Forane 134a (Arkema). Generically,
Determination of Sales at Less-Than-Fair Value and 1,1,1,2-Tetrafluoroethane has been sold as
information requirements are distinct Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a,
Affirmative Determination of Critical
from the Commission’s information Circumstances, in Part, and Postponement of Final Refrigerant 134a, and UN3159.
Determination, 81 FR 69786 (October 7, 2016) 5 See Section 735(e) of the Tariff Act of 1930, as
6 See 19 CFR 351.218(d)(1)(iii). (‘‘Preliminary Determination’’). amended (the ‘‘Act’’).
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Document Created: 2018-02-14 09:00:42
Document Modified: 2018-02-14 09:00:42
| 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: December 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 86697 |
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