83 FR 4641 - Initiation of Five-Year (Sunset) Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 22 (February 1, 2018)

Page Range		4641-4642
FR Document		2018-02005

In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) 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 Reviews which covers the same order(s).

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)

[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4641-4642]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-02005]

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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 the Tariff Act of 1930, as amended (the
Act), the Department of Commerce (Commerce) 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 Reviews which covers the
same order(s).

DATES: Applicable (February 1, 2018).

FOR FURTHER INFORMATION CONTACT: Commerce 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

Commerce'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 Commerce'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 section 751(c) of the Act and 19 CFR 351.218(c),
we are initiating Sunset Reviews of the following antidumping and
countervailing duty order(s): \1\
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\1\ In addition, we note that in the sunset initiation notice
that published on January 2, 2018 (83 FR 100) the Department
inadvertently listed the incorrect case number for Utility Scale
Wind Towers from Vietnam. The correct case number is A-552-814.

[[Page 4642]]

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DOC Case No. ITC Case No. Country Product Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-904............................. 731-TA-1103 China.................... Activated Carbon, (2nd Matthew Renkey, (202) 482-2312.
Review).
A-570-866............................. 731-TA-921 China.................... Folding Gift Boxes, (3rd Robert James, (202) 482-0649.
Review).
A-201-820............................. 731-TA-747 Mexico................... Fresh Tomatoes, (4th Matthew Renkey, (202) 482-2312.
Review), (Suspension
Agreement).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

As a courtesy, we are making information related to sunset
proceedings, including copies of the pertinent statute and Commerces's
regulations, Commerce's schedule for Sunset Reviews, a listing of past
revocations and continuations, and current service lists, available to
the public on Commerce's website at the following address: http://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews
must be filed in accordance with Commerce'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.\2\
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\2\ See also Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information.\3\
Parties must use the certification formats provided in 19 CFR
351.303(g).\4\ Commerce intends to reject factual submissions if the
submitting party does not comply with applicable revised certification
requirements.
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\3\ See section 782(b) of the Act.
\4\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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On April 10, 2013, Commerce 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).\5\ 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.\6\
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\5\ See Definition of Factual Information and Time Limits for
Submission of Factual Information: Final Rule, 78 FR 21246 (April
10, 2013).
\6\ 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), Commerce 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. Commerce'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 Commerce'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, Commerce will
automatically revoke the order without further review.\7\
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\7\ 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, Commerce'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 Commerce's
regulations for information regarding Commerce's conduct of Sunset
Reviews. Consult Commerce's regulations at 19 CFR part 351 for
definitions of terms and for other general information concerning
antidumping and countervailing duty proceedings at Commerce.
This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218(c).

Dated: January 26, 2018.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-02005 Filed 1-31-18; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices 4641

it made to locate the producer or Countervailing Duty Centralized SUMMARY: In accordance with the Tariff
exporter at the same time it files its Electronic Service System (ACCESS) on Act of 1930, as amended (the Act), the
request for review, in order for the Enforcement and Compliance’s ACCESS Department of Commerce (Commerce) is
Secretary to determine if the interested website at http://access.trade.gov.5 automatically initiating the five-year
party’s attempts were reasonable, Further, in accordance with 19 CFR reviews (Sunset Reviews) of the
pursuant to 19 CFR 351.303(f)(3)(ii). 351.303(f)(l)(i), a copy of each request antidumping and countervailing duty
As explained in Antidumping and must be served on the petitioner and (AD/CVD) order(s) listed below. The
Countervailing Duty Proceedings: each exporter or producer specified in International Trade Commission (the
Assessment of Antidumping Duties, 68 the request. Commission) is publishing concurrently
FR 23954 (May 6, 2003), and Non- Commerce will publish in the Federal
with this notice its notice of Institution
Market Economy Antidumping Register a notice of ‘‘Initiation of
Proceedings: Assessment of Administrative Review of Antidumping of Five-Year Reviews which covers the
Antidumping Duties, 76 FR 65694 or Countervailing Duty Order, Finding, same order(s).
(October 24, 2011), Commerce clarified or Suspended Investigation’’ for DATES: Applicable (February 1, 2018).
its practice with respect to the requests received by the last day of
collection of final antidumping duties February 2018. If Commerce does not FOR FURTHER INFORMATION CONTACT:
on imports of merchandise where receive, by the last day of February Commerce official identified in the
intermediate firms are involved. The 2018, a request for review of entries Initiation of Review section below at
public should be aware of this covered by an order, finding, or AD/CVD Operations, Enforcement and
clarification in determining whether to suspended investigation listed in this Compliance, International Trade
request an administrative review of notice and for the period identified Administration, U.S. Department of
merchandise subject to antidumping above, Commerce will instruct CBP to Commerce, 1401 Constitution Avenue
findings and orders.2 assess antidumping or countervailing NW, Washington, DC 20230. For
Commerce no longer considers the duties on those entries at a rate equal to information from the Commission
non-market economy (NME) entity as an the cash deposit of estimated contact Mary Messer, Office of
exporter conditionally subject to an antidumping or countervailing duties Investigations, U.S. International Trade
antidumping duty administrative required on those entries at the time of Commission at (202) 205–3193.
reviews.3 Accordingly, the NME entity entry, or withdrawal from warehouse,
will not be under review unless for consumption and to continue to SUPPLEMENTARY INFORMATION:
Commerce specifically receives a collect the cash deposit previously Background
request for, or self-initiates, a review of ordered.
the NME entity.4 In administrative For the first administrative review of Commerce’s procedures for the
reviews of antidumping duty orders on any order, there will be no assessment conduct of Sunset Reviews are set forth
merchandise from NME countries where of antidumping or countervailing duties in its Procedures for Conducting Five-
a review of the NME entity has not been on entries of subject merchandise Year (‘‘Sunset’’) Reviews of
initiated, but where an individual entered, or withdrawn from warehouse, Antidumping and Countervailing Duty
exporter for which a review was for consumption during the relevant Orders, 63 FR 13516 (March 20, 1998)
initiated does not qualify for a separate provisional-measures ‘‘gap’’ period of
and 70 FR 62061 (October 28, 2005).
rate, Commerce will issue a final the order, if such a gap period is
applicable to the period of review. Guidance on methodological or
decision indicating that the company in analytical issues relevant to Commerce’s
question is part of the NME entity. This notice is not required by statute
but is published as a service to the conduct of Sunset Reviews is set forth
However, in that situation, because no in Antidumping Proceedings:
review of the NME entity was international trading community.
Calculation of the Weighted-Average
conducted, the NME entity’s entries Dated: January 26, 2018.
Dumping Margin and Assessment Rate
were not subject to the review and the James Maeder,
in Certain Antidumping Duty
rate for the NME entity is not subject to Senior Director performing the duties of
change as a result of that review Deputy Assistant Secretary for Antidumping Proceedings; Final Modification, 77 FR
(although the rate for the individual and Countervailing Duty Operations. 8101 (February 14, 2012).
exporter may change as a function of the [FR Doc. 2018–02004 Filed 1–31–18; 8:45 am] Initiation of Review
finding that the exporter is part of the BILLING CODE 3510–DS–P
NME entity). Following initiation of an In accordance with section 751(c) of
antidumping administrative review the Act and 19 CFR 351.218(c), we are
when there is no review requested of the DEPARTMENT OF COMMERCE initiating Sunset Reviews of the
NME entity, Commerce will instruct following antidumping and
CBP to liquidate entries for all exporters International Trade Administration countervailing duty order(s): 1
not named in the initiation notice, Initiation of Five-Year (Sunset)
including those that were suspended at Reviews
the NME entity rate.
All requests must be filed AGENCY: Enforcement and Compliance,
electronically in Enforcement and International Trade Administration,
Compliance’s Antidumping and Department of Commerce.
sradovich on DSK3GMQ082PROD with NOTICES

2 See also the Enforcement and Compliance 4 In accordance with 19 CFR 351.213(b)(1), parties Administrative Protective Order Procedures, 76 FR
website at http://trade.gov/enforcement/. should specify that they are requesting a review of 39263 (July 6, 2011).
3 See Antidumping Proceedings: Announcement entries from exporters comprising the entity, and to 1 In addition, we note that in the sunset initiation

of Change in Department Practice for Respondent the extent possible, include the names of such notice that published on January 2, 2018 (83 FR
Selection in Antidumping Duty Proceedings and exporters in their request. 100) the Department inadvertently listed the
Conditional Review of the Nonmarket Economy 5 See Antidumping and Countervailing Duty incorrect case number for Utility Scale Wind
Entity in NME Antidumping Duty Proceedings, 78 Towers from Vietnam. The correct case number is
FR 65963 (November 4, 2013). Proceedings: Electronic Filing Procedures; A–552–814.

VerDate Sep<11>2014 19:34 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1

4642 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices

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

A–570–904 ............................... 731–TA–1103 China ....................................... Activated Carbon, (2nd Re- Matthew Renkey, (202)
view). 482–2312.
A–570–866 ............................... 731–TA–921 China ....................................... Folding Gift Boxes, (3rd Re- Robert James, (202) 482–
view). 0649.
A–201–820 ............................... 731–TA–747 Mexico ..................................... Fresh Tomatoes, (4th Re- Matthew Renkey, (202)
view), (Suspension Agree- 482–2312.
ment).

Filing Information segments. To the extent that other participate are set forth at 19 CFR
As a courtesy, we are making regulations govern the submission of 351.218(d)(1)(ii). In accordance with
information related to sunset factual information in a segment (such Commerce’s regulations, if we do not
proceedings, including copies of the as 19 CFR 351.218), these time limits receive a notice of intent to participate
pertinent statute and Commerces’s will continue to be applied. Parties are from at least one domestic interested
regulations, Commerce’s schedule for also advised to review the final rule party by the 15-day deadline, Commerce
Sunset Reviews, a listing of past concerning the extension of time limits will automatically revoke the order
revocations and continuations, and for submissions in AD/CVD without further review.7
current service lists, available to the proceedings, available at http://
enforcement.trade.gov/frn/2013/ If we receive an order-specific notice
public on Commerce’s website at the of intent to participate from a domestic
following address: http:// 1309frn/2013-22853.txt, prior to
submitting factual information in these interested party, Commerce’s
enforcement.trade.gov/sunset/. All regulations provide that all parties
submissions in these Sunset Reviews segments.6
wishing to participate in a Sunset
must be filed in accordance with Letters of Appearance and Review must file complete substantive
Commerce’s regulations regarding Administrative Protective Orders
format, translation, and service of responses not later than 30 days after
documents. These rules, including Pursuant to 19 CFR 351.103(d), the date of publication in the Federal
electronic filing requirements via Commerce will maintain and make Register of this notice of initiation. The
Enforcement and Compliance’s available a public service list for these required contents of a substantive
Antidumping and Countervailing Duty proceedings. Parties wishing to response, on an order-specific basis, are
Centralized Electronic Service System participate in any of these five-year set forth at 19 CFR 351.218(d)(3). Note
(ACCESS), can be found at 19 CFR reviews must file letters of appearance that certain information requirements
351.303.2 as discussed at 19 CFR 351.103(d)). To differ for respondent and domestic
Any party submitting factual facilitate the timely preparation of the parties. Also, note that the Department’s
information in an AD/CVD proceeding public service list, it is requested that information requirements are distinct
must certify to the accuracy and those seeking recognition as interested from the Commission’s information
completeness of that information.3 parties to a proceeding submit an entry requirements. Consult Commerce’s
Parties must use the certification of appearance within 10 days of the regulations for information regarding
formats provided in 19 CFR 351.303(g).4 publication of the Notice of Initiation.
Commerce’s conduct of Sunset Reviews.
Commerce intends to reject factual Because deadlines in Sunset Reviews
Consult Commerce’s regulations at 19
submissions if the submitting party does can be very short, we urge interested
CFR part 351 for definitions of terms
not comply with applicable revised parties who want access to proprietary
information under administrative and for other general information
certification requirements. concerning antidumping and
On April 10, 2013, Commerce protective order (APO) to file an APO
application immediately following countervailing duty proceedings at
modified two regulations related to AD/
publication in the Federal Register of Commerce.
CVD proceedings: The definition of
factual information (19 CFR this notice of initiation. Commerce’s This notice of initiation is being
351.102(b)(21)), and the time limits for regulations on submission of proprietary published in accordance with section
the submission of factual information information and eligibility to receive 751(c) of the Act and 19 CFR 351.218(c).
(19 CFR 351.301).5 Parties are advised to access to business proprietary
Dated: January 26, 2018.
review the final rule, available at http:// information under APO can be found at
19 CFR 351.304–306. James Maeder,
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to Senior Director performing the duties of
Information Required From Interested Deputy Assistant Secretary for Antidumping
submitting factual information in these Parties and Countervailing Duty Operations.
2 See also Antidumping and Countervailing Duty Domestic interested parties, as [FR Doc. 2018–02005 Filed 1–31–18; 8:45 am]
Proceedings: Electronic Filing Procedures; defined in section 771(9)(C),(D),(E),(F), BILLING CODE 3510–DS–P
Administrative Protective Order Procedures, 76 FR and (G) of the Act and 19 CFR
39263 (July 6, 2011). 351.102(b), wishing to participate in a
3 See section 782(b) of the Act.
4 See also Certification of Factual Information to
Sunset Review must respond not later
sradovich on DSK3GMQ082PROD with NOTICES

Import Administration During Antidumping and than 15 days after the date of
Countervailing Duty Proceedings, 78 FR 42678 (July publication in the Federal Register of
17, 2013) (Final Rule). Answers to frequently asked this notice of initiation by filing a notice
questions regarding the Final Rule are available at of intent to participate. The required
http://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf. contents of the notice of intent to
5 See Definition of Factual Information and Time

Limits for Submission of Factual Information: Final 6 See Extension of Time Limits, 78 FR 57790

Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013). 7 See 19 CFR 351.218(d)(1)(iii).

VerDate Sep<11>2014 19:34 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 E:\FR\FM\01FEN1.SGM 01FEN1

Document Created: 2018-10-26 13:47:47
Document Modified: 2018-10-26 13:47:47

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		Applicable (February 1, 2018).
Contact		Commerce 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		83 FR 4641

83 FR 4641 - Initiation of Five-Year (Sunset) Reviews

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 22 (February 1, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration