83 FR 62296 - Initiation of Five-Year (Sunset) Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 232 (December 3, 2018)
International Trade Administration
Federal Register Volume 83, Issue 232 (December 3, 2018)
| Page Range | 62296-62297 | |
| FR Document | 2018-26213 |
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)] [Notices] [Pages 62296-62297] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26213] ----------------------------------------------------------------------- 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 (December 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 the Sunset Reviews of the following antidumping and countervailing duty order(s): ---------------------------------------------------------------------------------------------------------------- DOC case No. ITC case No. Country Product Commerce contact ---------------------------------------------------------------------------------------------------------------- A-570-909............ 731-TA-1114.............. China............... Steel Nails (2nd Matthew Renkey Review). (202) 482-2312. ---------------------------------------------------------------------------------------------------------------- Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce'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.\1\ --------------------------------------------------------------------------- \1\ See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.\2\ Parties must use the certification formats provided in 19 CFR 351.303(g).\3\ Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. --------------------------------------------------------------------------- \2\ See section 782(b) of the Act. \3\ 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. --------------------------------------------------------------------------- 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).\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), 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 [[Page 62297]] 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.\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, 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 Commerce'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: November 28, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018-26213 Filed 11-30-18; 8:45 am] BILLING CODE 3510-DS-P
![62296 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices
for consumption during the relevant SUMMARY: In accordance with the Tariff Background
provisional-measures ‘‘gap’’ period of Act of 1930, as amended (the Act), the
the order, if such a gap period is Department of Commerce (Commerce) is Commerce’s procedures for the
applicable to the period of review. automatically initiating the five-year conduct of Sunset Reviews are set forth
This notice is not required by statute reviews (Sunset Reviews) of the in its Procedures for Conducting Five-
but is published as a service to the antidumping and countervailing duty Year (Sunset) Reviews of Antidumping
international trading community. (AD/CVD) order(s) listed below. The and Countervailing Duty Orders, 63 FR
Dated: November 27, 2018. International Trade Commission (the 13516 (March 20, 1998) and 70 FR
James Maeder, Commission) is publishing concurrently 62061 (October 28, 2005). Guidance on
Associate Deputy Assistant Secretary for with this notice its notice of Institution methodological or analytical issues
Antidumping and Countervailing Duty of Five-Year Reviews which covers the relevant to Commerce’s conduct of
Operations performing the duties of Deputy same order(s). Sunset Reviews is set forth in
Assistant Secretary for Antidumping and DATES: Applicable (December 1, 2018). Antidumping Proceedings: Calculation
Countervailing Duty Operations. of the Weighted-Average Dumping
[FR Doc. 2018–26169 Filed 11–30–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the Margin and Assessment Rate in Certain
BILLING CODE 3510–DS–P
Initiation of Review section below at Antidumping Duty Proceedings; Final
AD/CVD Operations, Enforcement and Modification, 77 FR 8101 (February 14,
Compliance, International Trade 2012).
DEPARTMENT OF COMMERCE
Administration, U.S. Department of Initiation of Review
International Trade Administration Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For In accordance with section 751(c) of
Initiation of Five-Year (Sunset) information from the Commission the Act and 19 CFR 351.218(c), we are
Reviews contact Mary Messer, Office of initiating the Sunset Reviews of the
AGENCY: Enforcement and Compliance, Investigations, U.S. International Trade following antidumping and
International Trade Administration, Commission at (202) 205–3193. countervailing duty order(s):
Department of Commerce. SUPPLEMENTARY INFORMATION:
DOC case Commerce
ITC case No. Country Product
No. contact
A–570–909 ... 731–TA–1114 ... China ............................................. Steel Nails (2nd Review) ............... Matthew Renkey (202) 482–2312.
Filing Information formats provided in 19 CFR 351.303(g).3 enforcement.trade.gov/frn/2013/
Commerce intends to reject factual 1309frn/2013-22853.txt, prior to
As a courtesy, we are making submissions if the submitting party does submitting factual information in these
information related to sunset not comply with applicable revised segments.5
proceedings, including copies of the certification requirements.
pertinent statute and Commerce’s Letters of Appearance and
On April 10, 2013, Commerce
regulations, Commerce’s schedule for Administrative Protective Orders
modified two regulations related to AD/
Sunset Reviews, a listing of past CVD proceedings: The definition of
revocations and continuations, and Pursuant to 19 CFR 351.103(d),
factual information (19 CFR Commerce will maintain and make
current service lists, available to the 351.102(b)(21)), and the time limits for
public on Commerce’s website at the available a public service list for these
the submission of factual information proceedings. Parties wishing to
following address: http:// (19 CFR 351.301).4 Parties are advised to
enforcement.trade.gov/sunset/. All participate in any of these five-year
review the final rule, available at http:// reviews must file letters of appearance
submissions in these Sunset Reviews enforcement.trade.gov/frn/2013/
must be filed in accordance with as discussed at 19 CFR 351.103(d)). To
1304frn/2013-08227.txt, prior to facilitate the timely preparation of the
Commerce’s regulations regarding submitting factual information in these
format, translation, and service of public service list, it is requested that
segments. To the extent that other those seeking recognition as interested
documents. These rules, including regulations govern the submission of
electronic filing requirements via parties to a proceeding submit an entry
factual information in a segment (such of appearance within 10 days of the
Enforcement and Compliance’s as 19 CFR 351.218), these time limits
Antidumping and Countervailing Duty publication of the Notice of Initiation.
will continue to be applied. Parties are Because deadlines in Sunset Reviews
Centralized Electronic Service System also advised to review the final rule
(ACCESS), can be found at 19 CFR can be very short, we urge interested
concerning the extension of time limits parties who want access to proprietary
351.303.1 for submissions in AD/CVD information under administrative
Any party submitting factual proceedings, available at http:// protective order (APO) to file an APO
information in an AD/CVD proceeding application immediately following
must certify to the accuracy and 3 See also Certification of Factual Information to
khammond on DSK30JT082PROD with NOTICES
publication in the Federal Register of
completeness of that information.2 Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July this notice of initiation. Commerce’s
Parties must use the certification
17, 2013) (Final Rule). Answers to frequently asked regulations on submission of proprietary
questions regarding the Final Rule are available at information and eligibility to receive
1 See also Antidumping and Countervailing Duty http://enforcement.trade.gov/tlei/notices/factual_
Proceedings: Electronic Filing Procedures; info_final_rule_FAQ_07172013.pdf.
access to business proprietary
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).
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![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62297
information under APO can be found at DEPARTMENT OF COMMERCE discussed in the Preliminary Decision
19 CFR 351.304–306. Memorandum is included as Appendix
International Trade Administration II to this notice. The Preliminary
Information Required From Interested Decision Memorandum is a public
Parties [C–570–089]
document and is on file electronically
Domestic interested parties, as Certain Steel Racks From the People’s via Enforcement and Compliance’s
Republic of China: Preliminary Antidumping and Countervailing Duty
defined in section 771(9)(C), (D), (E), (F),
Affirmative Countervailing Duty Centralized Electronic Service System
and (G) of the Act and 19 CFR
Determination, and Alignment of Final (ACCESS). ACCESS is available to
351.102(b), wishing to participate in a registered users at http://
Sunset Review must respond not later Determination With Final Antidumping
Duty Determination access.trade.gov, and is available to all
than 15 days after the date of parties in the Central Records Unit,
publication in the Federal Register of AGENCY: Enforcement and Compliance, room B8024 of the main Department of
this notice of initiation by filing a notice International Trade Administration, Commerce building. In addition, a
of intent to participate. The required Department of Commerce. complete version of the Preliminary
contents of the notice of intent to SUMMARY: The Department of Commerce Decision Memorandum can be accessed
participate are set forth at 19 CFR (Commerce) preliminarily determines directly at http://enforcement.trade.gov/
351.218(d)(1)(ii). In accordance with that countervailable subsidies are being frn/. The signed and electronic versions
Commerce’s regulations, if we do not provided to producers and exporters of of the Preliminary Decision
receive a notice of intent to participate certain steel racks (steel racks) from the Memorandum are identical in content.
from at least one domestic interested People’s Republic of China (China) for Scope of the Investigation
party by the 15-day deadline, Commerce the period of investigation (POI) January
will automatically revoke the order 1, 2017 through December 31, 2017. The products covered by this
Interested parties are invited to investigation are steel racks from China.
without further review.6
comment on this preliminary For a complete description of the scope
If we receive an order-specific notice of this investigation, see Appendix I.
determination.
of intent to participate from a domestic
interested party, Commerce’s DATES: Applicable December 3, 2018. Scope Comments
regulations provide that all parties FOR FURTHER INFORMATION CONTACT: Eli In accordance with the preamble to
wishing to participate in a Sunset Lovely, Aleksandras Nakutis or Robert Commerce’s regulations,5 the Initiation
Review must file complete substantive Galantucci, AD/CVD Operations, Office Notice set aside a period of time for
responses not later than 30 days after IV, Enforcement and Compliance, parties to raise issues regarding product
the date of publication in the Federal International Trade Administration, coverage, (i.e. , scope).6 Certain
Register of this notice of initiation. The U.S. Department of Commerce, 1401 interested parties commented on the
required contents of a substantive Constitution Avenue NW, Washington, scope of the investigation as it appeared
DC 20230; telephone: (202) 482–1593, in the Initiation Notice. Commerce
response, on an order-specific basis, are
(202) 482–3147 or (202) 482–2923, intends to issue its preliminary decision
set forth at 19 CFR 351.218(d)(3). Note
respectively. regarding comments concerning the
that certain information requirements scope of the antidumping duty and
differ for respondent and domestic SUPPLEMENTARY INFORMATION:
countervailing duty investigations in the
parties. Also, note that Commerce’s Background preliminary determination of the
information requirements are distinct companion antidumping duty (AD)
from the Commission’s information This preliminary determination is
made in accordance with section 703(b) investigation.
requirements. Consult Commerce’s
of the Tariff Act of 1930, as amended Methodology
regulations for information regarding
(the Act). Commerce published the Commerce is conducting this
Commerce’s conduct of Sunset Reviews.
notice of initiation of this investigation investigation in accordance with section
Consult Commerce’s regulations at 19 on July 10, 2018.1 On August 28, 2018,
CFR part 351 for definitions of terms 701 of the Act. For each of the subsidy
pursuant to a request from the Coalition programs found countervailable,
and for other general information for Fair Racks Imports (the petitioner),2
concerning antidumping and Commerce preliminarily determines
Commerce postponed the preliminary that there is a subsidy, i.e. , a financial
countervailing duty proceedings at determination of this investigation to
Commerce. contribution by an ‘‘authority’’ that
November 19, 2018.3 For a complete gives rise to a benefit to the recipient,
This notice of initiation is being description of the events that followed and that the subsidy is specific.7 In
published in accordance with section the initiation of this investigation, see making these findings, Commerce
751(c) of the Act and 19 CFR 351.218(c). the Preliminary Decision relied, in part, on facts available and,
Memorandum.4 A list of topics because it finds that certain respondents
Dated: November 28, 2018.
James Maeder, 1 See Certain Steel Racks from the People’s
did not act to the best of their ability to
Republic of China: Initiation of Countervailing Duty
respond to Commerce’s requests for
Associate Deputy Assistant Secretary for information, it drew an adverse
Investigation, 83 FR 33201 (July 10, 2018)
Antidumping and Countervailing Duty
(Initiation Notice).
Operations performing the duties of Deputy 2 See Letter, ‘‘Certain Steel Racks from the
Racks from the People’s Republic of China,’’ dated
khammond on DSK30JT082PROD with NOTICES
Assistant Secretary for Antidumping and People’s Republic of China: Request to Postpone concurrently with, and hereby adopted by, this
Countervailing Duty Operations. Preliminary Determination,’’ dated August 9, 2018. notice (Preliminary Decision Memorandum).
3 See Countervailing Duty Investigation of Steel 5 See Antidumping Duties; Countervailing Duties,
[FR Doc. 2018–26213 Filed 11–30–18; 8:45 am]
Racks from the People’s Republic of China: Final Rule, 62 FR 27296, 27323 (May 19, 1997).
BILLING CODE 3510–DS–P
Postponement of Preliminary Determination, 83 FR 6 See Initiation Notice.
43848 (August 28, 2018). 7 See sections 771(5)(B) and (D) of the Act
4 See Memorandum, ‘‘Decision Memorandum for regarding financial contribution; section 771(5)(E)
the Preliminary Determination of the of the Act regarding benefit; and section 771(5A) of
6 See 19 CFR 351.218(d)(1)(iii). Countervailing Duty Investigation of Certain Steel the Act regarding specificity.
VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1](https://thefederalregister.org/doc/83_FR_62528/page/2.svg)
Document Created: 2018-12-01 00:56:21
Document Modified: 2018-12-01 00:56:21
| 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 (December 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 62296 |
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