Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews, 44087-44088 [E5-4090]

Download as PDF 44087 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices Period Stainless Steel Sheet and Strip in Coils, C–580–835 ........................................................................................................... Structural Steel Beams, C–580–842 ...................................................................................................................................... Spain: Cut-to-Length Carbon Steel Plate, C–469–804 ................................................................................................................. Sweden: Cut-to-Length Carbon Steel Plate, C–401–804 ............................................................................................................. United Kingdom: Cut-to-Length Carbon Steel Plate, C–412–815 ................................................................................................ Suspension Agreements None. In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 69 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at https:// ia.ita.doc.gov. Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Enforcement, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of August 2005. If the Department does not receive, by the last day of August 2005, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: July 15, 2005. Holly A. Kuga, Senior Office Director, AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E5–4072 Filed 7–29–05; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews Import Administration, International Trade Administration, Department of Commerce. AGENCY: Notice of Upcoming Sunset Reviews ACTION: SUPPLEMENTARY INFORMATION: Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for September 2005 The following sunset reviews are scheduled for initiation in September 2005 and will appear in that month’s Notice of Initiation of Five-year Sunset Reviews. BILLING CODE 3510–DS–P Antidumping Duty Proceedings DOC Contact Pure Magnesium (Ingot) from the PRC (A–570–832) ..................................................................................... Welded ASTM A–312 Stainless Steel Pipe from South Korea (A–580–810) ................................................. Welded ASTM A–312 Stainless Steel Pipe from Taiwan (A–583–815) ......................................................... Countervailing Duty Proceedings No countervailing duty proceedings are scheduled for initiation in September 2005. Suspended Investigations No suspended investigations are scheduled for initiation in September 2005. VerDate jul<14>2003 14:01 Jul 29, 2005 Jkt 205001 1/1/04–12/31/04 1/1/04–12/31/04 1/1/04–12/31/04 1/1/04–12/31/04 1/1/04–12/31/04 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM Maureen Flannery (202) 482–3020. Dana Mermelstein (202) 482–1391. Dana Mermelstein (202) 482–1391. 01AUN1 44088 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices The Department’s procedures for the conduct of sunset reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department’s conduct of sunset reviews is set forth in the Department’s Policy Bulletin 98.3-Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (‘‘Sunset Policy Bulletin’’). The Notice of Initiation of Five-year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in sunset reviews. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the sunset review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: July 26, 2005. Holly A. Kuga, Senior Office Director, AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E5–4090 Filed 7–29–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A 588–707] Granular Polytetrafluoroethylene Resin from Japan: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 10, 2005, the Department of Commerce published a notice of intent to rescind an administrative review of the antidumping duty order on granular polytetrafluoroetheylene resin from Japan for the period August 1, 2003, through July 31, 2004. The Department did not receive any comments or requests for a public hearing in response to this notice, and we are rescinding this administrative review, pursuant to 19 CFR 351.213(d). EFFECTIVE DATE: August 1, 2005. FOR FURTHER INFORMATION CONTACT: Dunyako Ahmadu at (202) 482–0198 or AGENCY: VerDate jul<14>2003 14:01 Jul 29, 2005 Jkt 205001 Richard Rimlinger at (202) 482–4477, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On August 28, 1988, the Department of Commerce (the Department) published the antidumping duty order for granular polytetrafluroetheylene (PTFE) resin from Japan. See Antidumping Duty Order; Granular Polytetrafluoroethylene Resin from Japan, 53 FR 32267 (August 28, 1988). On August 3, 2004, we published a notice of opportunity to request an administrative review of this order for the period August 1, 2003, through July 31, 2004. See Notice of Opportunity to Request Administrative Review of Antidumping Duty Order, Finding or Suspended Investigation, 69 FR 46496 (August 3, 2004). On August 30, 2004, Asahi Glass Fluoropolymers Ltd., a Japanese producer and exporter of the subject merchandise, and AGC Chemicals America, an affiliated U.S. importer of subject merchandise (collectively AGC), made a timely request that the Department conduct an administrative review of AGC. On September 22, 2004, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review. See Notice of Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 69 FR 56745 (September 22, 2004). On October 8, 2004, the Department issued its antidumping duty questionnaire to AGC. On November 2, 2004, AGC submitted a letter to the Department indicating that it did not have any shipments or entries of subject merchandise during the period of review but had one U.S. sale of PTFE resin during the period of review. As a result, on November 29, 2004, the Department issued a memorandum recommending rescission of the 2003–2004 administrative review and invited interested parties to comment. See Memorandum to Barbara E. Tillman, Acting Deputy Assistant Secretary dated November 29, 2004, (November 29 Memorandum). On December 10, 2004, AGC submitted comments in disagreement with the recommendation in the November 29 Memorandum. AGC argued that the Department does not have an established practice of conditioning an PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 administrative review on the existence of entries during the period of review and that the Department’s interpretation of 19 CFR 351.213(e) in this instance is inconsistent with the plain meaning of the regulation. AGC also argued that because no review of AGC’s sales has occurred since the imposition of the antidumping duty order on August 28, 1988, the 2003–2004 administrative review would determine a more accurate deposit rate and, therefore, the Department should not rescind the administrative review. On May 10, 2005, the Department published a notice of intent to rescind the 2003–2004 review and invited interested parties to request a hearing or submit case briefs within 20 days of its publication. See Granular Polytetrafluoroethylene Resin from Japan: Notice of Intent to Rescind Antidumping Duty Administrative Review, 70 FR 24510 (May 10, 2005). We received no requests for a hearing or submissions of case briefs. Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(3), the Department will rescind an administrative review in whole or only with respect to a particular exporter or producer if we conclude that during the period of review there were ‘‘no entries, exports, or sales of the subject merchandise.’’ Contrary to AGC’s arguments, the Department’s practice, supported by substantial precedent, requires that there be entries during the period of review upon which to assess antidumping duties, irrespective of the export–price or constructed export– price designation of U.S. sales. See, e.g., Stainless Steel Plate in Coils from Taiwan: Final Rescission of Antidumping Duty Administrative Review, 68 FR 63067 (November 7, 2003); Stainless Steel Plate in Coils From Taiwan: Final Rescission of Antidumping Duty Administrative Review, 69 FR 20859 (April 19, 2004). Given that AGC had no entries of subject merchandise during the period of review and that AGC has no entry under suspension of liquidation that corresponds to the sale which occurred during the period of review, we would be unable to assess any antidumping duties resulting from this administrative review. See November 29 Memorandum. Accordingly, we are rescinding the 2003–2004 administrative review of PTFE resin from Japan pursuant to 19 CFR 351.213(d)(3). This notice is published in accordance with section 777(i) of the Act and 19 CFR 351.213(d)(4). E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Notices]
[Pages 44087-44088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4090]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Advance Notification of Sunset Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Upcoming Sunset Reviews

-----------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

Background

    Every five years, pursuant to section 751(c) of the Tariff Act of 
1930, as amended, the Department of Commerce (``the Department'') and 
the International Trade Commission automatically initiate and conduct a 
review to determine whether revocation of a countervailing or 
antidumping duty order or termination of an investigation suspended 
under section 704 or 734 would be likely to lead to continuation or 
recurrence of dumping or a countervailable subsidy (as the case may be) 
and of material injury.

Upcoming Sunset Reviews for September 2005

    The following sunset reviews are scheduled for initiation in 
September 2005 and will appear in that month's Notice of Initiation of 
Five-year Sunset Reviews.

------------------------------------------------------------------------
    Antidumping Duty Proceedings                  DOC Contact
------------------------------------------------------------------------
Pure Magnesium (Ingot) from the PRC     Maureen Flannery (202) 482-3020.
 (A-570-832)........................
Welded ASTM A-312 Stainless Steel       Dana Mermelstein (202) 482-1391.
 Pipe from South Korea (A-580-810)..
Welded ASTM A-312 Stainless Steel       Dana Mermelstein (202) 482-1391.
 Pipe from Taiwan (A-583-815).......
 
   Countervailing Duty Proceedings
 
No countervailing duty proceedings
 are scheduled for initiation in
 September 2005.....................
 
      Suspended Investigations
 
No suspended investigations are
 scheduled for initiation in
 September 2005.....................
------------------------------------------------------------------------


[[Page 44088]]

    The Department's procedures for the conduct of sunset reviews are 
set forth in 19 CFR 351.218. Guidance on methodological or analytical 
issues relevant to the Department's conduct of sunset reviews is set 
forth in the Department's Policy Bulletin 98.3--Policies Regarding the 
Conduct of Five-year (``Sunset'') Reviews of Antidumping and 
Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 
1998) (``Sunset Policy Bulletin''). The Notice of Initiation of Five-
year (``Sunset'') Reviews provides further information regarding what 
is required of all parties to participate in sunset reviews.
    Please note that if the Department receives a Notice of Intent to 
Participate from a member of the domestic industry within 15 days of 
the date of initiation, the review will continue. Thereafter, any 
interested party wishing to participate in the sunset review must 
provide substantive comments in response to the notice of initiation no 
later than 30 days after the date of initiation.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: July 26, 2005.
Holly A. Kuga,
Senior Office Director, AD/CVD Operations, Office 4 for Import 
Administration.
[FR Doc. E5-4090 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-DS-S