82 FR 9193 - Initiation of Five-Year (“Sunset”) Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 22 (February 3, 2017)
International Trade Administration
Federal Register Volume 82, Issue 22 (February 3, 2017)
| Page Range | 9193-9195 | |
| FR Document | 2017-02343 |
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)] [Notices] [Pages 9193-9195] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02343] ----------------------------------------------------------------------- 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 [[Page 9194]] 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 February 1, 2017. 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, 1401 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): ---------------------------------------------------------------------------------------------------------------- Department DOC Case No. ITC Case No. Country Product contact ---------------------------------------------------------------------------------------------------------------- A-821-802............. 731-TA-539-C.......... Russia................ Uranium (4th Review) Matthew Renkey (Suspension (202) 482-2312. Agreement). ---------------------------------------------------------------------------------------------------------------- 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 [[Page 9195]] 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: January 27, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-02343 Filed 2-1-17; 11:15 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9193
December 10, 2001.1 On December 23, Period of Review jure and de facto absence of government
2016, the Department received a NSR Pursuant to 19 CFR 351.214(c), an control over the company’s export
request from Jiangsu Runchen.2 Jiangsu exporter or producer may request a NSR activities.12 Accordingly, the
Runchen certified that it is the exporter within one year of the date on which its Department will issue questionnaires to
and producer of the honey upon which subject merchandise was first entered. Jiangsu Runchen that will include a
the request for a NSR is based.3 Moreover, 19 CFR 351.214(d)(1) states section requesting information
Pursuant to section 751(a)(2)(B) of the that if the request for the review is made concerning its eligibility for a separate
Act and 19 CFR 351.214(b)(2)(ii), during the six-month period ending rate. The NSR will proceed if the
Jiangsu Runchen certified that it did not with the end of the anniversary month, responses provide sufficient indication
export honey for sale to the United the Secretary will initiate a NSR in the that Jiangsu Runchen is not subject to
States during the period of investigation calendar month immediately following either de jure or de facto government
(‘‘POI’’).4 Moreover, pursuant to section the anniversary month. Further, 19 CFR control with respect to its exports of
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(g)(1)(i)(A) states that if the NSR honey from the PRC.
351.214(b)(2)(iii)(A), Jiangsu Runchen was initiated in the month immediately On February 24, 2016, the President
certified that, since the initiation of the following the anniversary month, the signed into law the ‘‘Trade Facilitation
investigation, it has never been affiliated POR will be the 12-month period and Trade Enforcement Act of 2015,’’
with any PRC exporter or producer who immediately preceding the anniversary Public Law 114–125, which made
exported subject merchandise to the month. Jiangsu Runchen made the several amendments to section
United States during the POI, including request for a NSR that included all 751(a)(2)(B) of the Act. We will conduct
those respondents not individually documents and information required by this new shipper review in accordance
the statute and regulations, within one with section 751(a)(2)(B) of the Act, as
examined during the investigation.5
year of the date on which its honey first amended by the Trade Facilitation and
Further, as required by 19 CFR
entered. Its request was filed in Trade Enforcement Act of 2015.13
351.214(b)(2)(iii)(B), it certified that its Interested parties requiring access to
export activities were not controlled by December, which is the anniversary
proprietary information in this NSR
the central government of the PRC.6 month of the Order. Therefore, the POR
should submit applications for
Jiangsu Runchen also certified it had no is December 1, 2015, through November
disclosure under administrative
shipments of subject merchandise 30, 2016.
protective order, in accordance with 19
subsequent to the POR.7 Initiation of New Shipper Review CFR 351.305 and 19 CFR 351.306.
In addition to the certifications Pursuant to section 751(a)(2)(B) of the This initiation and notice are in
described above, pursuant to 19 CFR Act, 19 CFR 351.214(b) and based on the accordance with section 751(a)(2)(B) of
351.214(b)(2)(iv), Jiangsu Runchen information on the record, the the Act, 19 CFR 351.214, and 19 CFR
submitted documentation establishing Department finds that Jiangsu 351.221(c)(1)(i).
the following: (1) The date on which it Runchen’s request meets the threshold Dated: January 30, 2017.
first shipped subject merchandise for requirements for initiation of a NSR for Gary Taverman,
export to the United States; (2) the shipments of honey from the PRC Associate Deputy Assistant Secretary for
volume of its first shipment and produced and exported by Jiangsu Antidumping and Countervailing Duty
subsequent shipments; and (3) the date Runchen. Accordingly, the Department Operations.
of its first sale to an unaffiliated is initiating a NSR of Jiangsu Runchen.10 [FR Doc. 2017–02299 Filed 2–2–17; 8:45 am]
customer in the United States.8 Absent a determination that the new BILLING CODE 3510–DS–P
The Department queried the database shipper review is extraordinarily
of U.S. Customs and Border Protection complicated, the Department intends to
(‘‘CBP’’) in an attempt to confirm that issue the preliminary results of this NSR DEPARTMENT OF COMMERCE
the shipment reported by Jiangsu within 180 days from the date of
Runchen had entered the United States initiation and the final results within 90 International Trade Administration
for consumption and that liquidation days after the date on which the
preliminary results are issued.11 If the Initiation of Five-Year (‘‘Sunset’’)
had been properly suspended for Reviews
antidumping duties. The information information supplied by Jiangsu
which the Department examined was Runchen is found to be incorrect or AGENCY: Enforcement and Compliance,
consistent with that provided by Jiangsu insufficient during the course of this International Trade Administration,
Runchen in its request.9 proceeding, the Department may rescind Department of Commerce.
the review for Jiangsu Runchen or apply SUMMARY: In accordance with section
1 See Notice of Amended Final Determination of facts available pursuant to section 776 751(c) of the Tariff Act of 1930, as
Sales at Less Than Fair Value and Antidumping of the Act, depending on the facts on the amended (‘‘the Act’’), the Department of
Duty Order; Honey from the People’s Republic of record. Commerce (‘‘the Department’’) is
China, 66 FR 63670 (December 10, 2001) (‘‘Order’’). It is the Department’s usual practice,
2 See Letter to the Secretary from Jiangsu automatically initiating the five-year
in cases involving non-market reviews (‘‘Sunset Reviews’’) of the
Runchen, ‘‘Honey from the People’s Republic of
China Request for New Shipper Review,’’ dated
economies (‘‘NMEs’’), to require that a antidumping and countervailing duty
December 23, 2015 (‘‘NSR Request’’). company seeking to establish eligibility (‘‘AD/CVD’’) order(s) listed below. The
3 Id. at 2 and Attachment 1. for an antidumping duty rate separate
asabaliauskas on DSK3SPTVN1PROD with NOTICES
4 Id. at Attachment 1. from the country-wide rate (i.e., a 12 See Import Administration Policy Bulletin
5 Id.
separate rate) provide evidence of de Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-
6 Id.
1.pdf).
7 Id. 10 See ‘Memorandum to the File, from Carrie 13 The Trade Facilitation and Trade Enforcement
8 Id. at Attachment 2.
Bethea, International Trade Compliance Analyst, Act of 2015 removed from section 751(a)(2)(B) of
9 See Memorandum to the File from Carrie ‘‘Honey from the People’s Republic of China: New the Act the provision directing the Department to
Bethea, International Trade Compliance Analyst, Shipper Initiation Checklist,’’ dated concurrently instruct Customs and Border Protection to allow an
Office V, ‘‘U.S. Customs and Border Protection with this notice. importer the option of posting a bond or security
Query Results for Jiangsu Runchen,’’ dated 11 See Section 751(a)(2)(B)(iv) of the Act and 19 in lieu of a cash deposit during the pendency of a
concurrently with this notice. CFR 351.214(i). new shipper review.
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![Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9195
set forth at 19 CFR 351.218(d)(3). Note Background this investigation: Aekyung
that certain information requirements The Department published the notice Petrochemical Co., Ltd. (‘‘AKP’’) and LG
differ for respondent and domestic of initiation of this investigation on July Chem Ltd. (‘‘LG Chem’’). Export price
parties. Also, note that the Department’s 28, 2016.1 For a complete description of and, where appropriate, constructed
information requirements are distinct the events that followed the initiation of export price are calculated in
from the Commission’s information this investigation, see the memorandum accordance with section 772 of the Act.
requirements. Consult the Department’s that is dated concurrently with this Normal value (‘‘NV’’) is calculated in
regulations for information regarding determination and hereby adopted by accordance with section 773 of the Act.
the Department’s conduct of Sunset this notice.2 A list of topics included in For a full description of the
Reviews. Consult the Department’s the Preliminary Decision Memorandum methodology underlying our
regulations at 19 CFR part 351 for is included as Appendix II to this preliminary conclusions, see the
definitions of terms and for other notice. Preliminary Decision Memorandum.
general information concerning The Preliminary Decision
antidumping and countervailing duty Memorandum is a public document and Negative Preliminary Determination of
proceedings at the Department. is made available to the public via Critical Circumstances
This notice of initiation is being Enforcement and Compliance’s
published in accordance with section Antidumping and Countervailing Duty On November 15, 2016, Eastman
751(c) of the Act and 19 CFR 351.218(c). Centralized Electronic Service System Chemical Company (‘‘Petitioner’’) filed
Dated: January 27, 2017. (‘‘ACCESS’’). ACCESS is available to a timely critical circumstances
Gary Taverman, registered users at https:// allegation, pursuant to section 733(e)(1)
Associate Deputy Assistant Secretary for access.trade.gov, and to all parties in the of the Act and 19 CFR 351.206(c)(1),
Antidumping and Countervailing Duty Central Records Unit, Room B8024 of alleging that critical circumstances exist
Operations. the main Department of Commerce with respect to imports of DOTP.5 In
[FR Doc. 2017–02343 Filed 2–1–17; 11:15 am] building. In addition, a complete accordance with 19 CFR
BILLING CODE 3510–DS–P version of the Preliminary Decision 351.206(c)(2)(i), when a critical
Memorandum can be found at http:// circumstances allegation is submitted
enforcement.trade.gov/frn/. The signed more than 20 days before the scheduled
DEPARTMENT OF COMMERCE Preliminary Decision Memorandum and date of the preliminary determination,
the electronic version of the Preliminary the Department must issue a
International Trade Administration Decision Memorandum are identical in preliminary finding whether there is a
[A–580–889] content. reasonable basis to believe or suspect
Scope of the Investigation that critical circumstances exist no later
Dioctyl Terephthalate From the than the date of the preliminary
Republic of Korea: Affirmative The product covered by this determination. Section 733(e)(1) of the
Preliminary Determination of Sales at investigation is DOTP from Korea. For a Act provides that the Department will
Less Than Fair Value, Negative full description of the scope of this preliminarily determine that critical
Preliminary Determination of Critical investigation, see the ‘‘Scope of the circumstances exist in a LTFV
Circumstances, and Postponement of Investigation,’’ in Appendix I.
investigation if there is a reasonable
Final Determination Scope Comments basis to believe or suspect that: (A)(i)
AGENCY: Enforcement and Compliance, In accordance with the preamble to There is a history of dumping and
International Trade Administration, the Department’s regulations,3 the material injury by reason of dumped
Department of Commerce. Initiation Notice set aside a period of imports in the United States or
SUMMARY: The Department of Commerce time for parties to raise issues regarding elsewhere of the subject merchandise, or
(the ‘‘Department’’) preliminarily product coverage (i.e., ‘‘scope’’).4 No (2) the person by whom, or for whose
determines that dioctyl terephthalate interested party submitted comments on account, the merchandise was imported
(‘‘DOTP’’) from the Republic of Korea the scope of this investigation. knew or should have known that the
(‘‘Korea’’) is being, or is likely to be, exporter was selling the subject
Methodology
sold in the United States at less than fair merchandise at less than its fair value
value (‘‘LTFV’’). The period of The Department is conducting this and that there was likely to be material
investigation (‘‘POI’’) is April 1, 2015, investigation in accordance with section injury by reason of such sales; and (B)
through March 31, 2016. The estimated 731 of the Tariff Act of 1930, as there have been massive imports of the
weighted-average dumping margins of amended (‘‘the Act’’). There are two subject merchandise over a relatively
sales at LTFV are shown in the mandatory respondents participating in short period. We have conducted an
‘‘Preliminary Determination’’ section of analysis of critical circumstances in
1 See Dioctyl Terephthalate from the Republic of
this notice. Interested parties are invited Korea: Initiation of Less-Than-Fair-Value
accordance with section 733(e) of the
to comment on this preliminary Investigation, 81 FR 49628 (July 28, 2016) Act and 19 CFR 351.206, and
determination. (‘‘Initiation Notice’’). preliminarily determine that critical
2 See Memorandum from Gary Taverman,
DATES: Effective February 3, 2017. circumstances do not exist with regard
Associate Deputy Assistant Secretary for
to imports of DOTP from Korea. For a
FOR FURTHER INFORMATION CONTACT: Antidumping and Countervailing Duty Operations,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
to Ronald K. Lorentzen, Acting Assistant Secretary full description of this issue, see the
Laurel LaCivita or Shanah Lee, AD/CVD
Operations, Office III, Enforcement and
for Enforcement and Compliance, ‘‘Decision Preliminary Decision Memorandum at
Memorandum for the Preliminary Determination in the section, ‘‘Preliminary Determination
Compliance, International Trade the Antidumping Duty Investigation of Dioctyl
Administration, U.S. Department of Terephthalate from the Republic of Korea,’’ dated of Critical Circumstances.’’
Commerce, 1401 Constitution Ave. NW., concurrently with this notice (‘‘Preliminary
5 See letter from Petitioner, ‘‘Re: Dioctyl
Decision Memorandum’’).
Washington, DC 20230; telephone: (202) 3 See Antidumping Duties; Countervailing Duties, Terephthalate from Korea; Critical Circumstances
482–4243, (202) 482–6386, respectively. 62 FR 27296, 27323 (May 19, 1997). Allegation,’’ dated November 15, 2016 (‘‘Critical
SUPPLEMENTARY INFORMATION: 4 See Initiation Notice, 81 FR at 49629. Circumstances Allegation’’).
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Document Created: 2018-02-01 14:35:07
Document Modified: 2018-02-01 14:35:07
| 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 February 1, 2017. | |
| 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, 1401 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 | 82 FR 9193 |
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