Initiation of Five-year (“Sunset”) Reviews, 15652-15653 [E7-6071]

Download as PDF 15652 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices Notice of Upcoming Sunset Reviews ACTION: 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: 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 May 2007 The following Sunset Review is scheduled for initiation in May 2007 and will appear in that month’s Notice of Initiation of Five–Year Sunset Reviews. Antidumping Duty Proceedings Department Contact Folding Metal Tables and Chairs from the PRC (A–570–868) ................................................... Countervailing Duty Proceedings. No countervailing duty orders are scheduled for initiation in May 2007. Suspended Investigations. No suspended investigations are scheduled for initiation in May 2007.. 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). The Notice of Initiation of Five–year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initition. 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: March 23, 2007. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E7–6067 Filed 3–30–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Background International Trade Administration The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Fiveyear (‘‘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 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’’). Initiation of Five-year (‘‘Sunset’’) Reviews Import Administration, 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 a five-year (‘‘Sunset Review’’) of the antidumping duty orders 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 orders. EFFECTIVE DATE: April 2, 2007. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review(s) section below at AGENCY: hsrobinson on PROD1PC76 with NOTICES ITC Case No. A–533–823 ............................................................. A–834–807 ............................................................. A–307–820 ............................................................. Countervailing Duty Proceedings. No countervailing duty proceedings are scheduled for initiation in April 2007. 19:21 Mar 30, 2007 Jkt 211001 AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., 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: DOC Case No. VerDate Aug<31>2005 Juanita Chen (202) 482–1904 PO 00000 731–TA–929 731–TA–930 731–TA–931 Frm 00009 Fmt 4703 Country In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: Product India Kazakhstan Venezuela Sfmt 4703 Initiation of Reviews Silicomanganese Silicomanganese Silicomanganese E:\FR\FM\02APN1.SGM Department Contact Dana Mermelstein(202) 482–1391 Dana Mermelstein(202) 482–1391 Dana Mermelstein(202) 482–1391 02APN1 15653 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices DOC Case No. ITC Case No. Country Product Department Contact Suspended Investigations. No suspended investigations are scheduled for initiation in April 2007. Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the Department’s regulations regarding Sunset Reviews (19 CFR 351.218) and Sunset Policy Bulletin, the Department’s schedule of Sunset Reviews, case history information (i.e., previous margins, duty absorption determinations, scope language, import volumes), and service lists available to the public on the Department’s sunset Internet website at the following address: ‘‘http://ia.ita.doc.gov/sunset/.’’ All submissions in these Sunset Reviews must be filed in accordance with the Department’s regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation.Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of the notice of initiation of the sunset review. 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. hsrobinson on PROD1PC76 with NOTICES Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews 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 VerDate Aug<31>2005 19:21 Mar 30, 2007 Jkt 211001 deadline, the Department will automatically revoke the orders without further review. See 19 CFR 351.218(d)(1)(iii). For sunset reviews of countervailing duty orders, parties wishing the Department to consider arguments that countervailable subsidy programs have been terminated must include with their substantive responses information and documentation addressing whether the changes to the program were (1) limited to an individual firm or firms and (2) effected by an official act of the government. Further, a party claiming program termination is expected to document that there are no residual benefits under the program and that substitute programs have not been introduced. Cf. 19 CFR 351.526(b) and (d). If a party maintains that any of the subsidies countervailed by the Department were not conferred pursuant to a subsidy program, that party should nevertheless address the applicability of the factors set forth in 19 CFR 351.526(b) and (d). Similarly, parties wishing the Department to consider whether a company’s change in ownership has extinguished the benefit from prior non–recurring, allocable, subsidies must include with their substantive responses information and documentation supporting their claim that all or almost all of the company’s shares or assets were sold in an arm’s length transaction, at a price representing fair market value, as described in the Notice of Final Modification of Agency Practice Under Section 123 of the Uruguay Round Agreements Act, 68 FR 37125 (June 23, 2003) (Modification Notice). See Modification Notice for a discussion of the types of information and documentation the Department requires. 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 the 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews.1 Please 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: March 23, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–6071 Filed 3–30–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 2, 2007. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that three requests for a new shipper review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (‘‘Vietnam’’), received on January 31, February 18 and February 28, 2007, respectively, meet the statutory and regulatory requirements for initiation. For reasons discussed below, the Department also determined that a fourth request for a new shipper review does not meet the requirements for AGENCY: 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15652-15653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6071]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-year (``Sunset'') Reviews

AGENCY: Import Administration, 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 a five-year (``Sunset 
Review'') of the antidumping duty orders 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 orders.

EFFECTIVE DATE: April 2, 2007.

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review(s) section below at AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th & Constitution Ave., 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 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'').

Initiation of Reviews

    In accordance with 19 CFR 351.218(c), we are initiating the Sunset 
Review of the following antidumping duty order:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                           DOC Case No.                               ITC Case No.      Country         Product               Department Contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-533-823.........................................................       731-TA-929         India    Silicomanganese      Dana Mermelstein(202) 482-1391
A-834-807.........................................................       731-TA-930    Kazakhstan    Silicomanganese      Dana Mermelstein(202) 482-1391
A-307-820.........................................................       731-TA-931     Venezuela    Silicomanganese      Dana Mermelstein(202) 482-1391
        Countervailing Duty Proceedings...........................
No countervailing duty proceedings are scheduled for initiation in
 April 2007.

[[Page 15653]]

 
        Suspended Investigations..................................
No suspended investigations are scheduled for initiation in April
 2007.............................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to Sunset 
proceedings, including copies of the Department's regulations regarding 
Sunset Reviews (19 CFR 351.218) and Sunset Policy Bulletin, the 
Department's schedule of Sunset Reviews, case history information 
(i.e., previous margins, duty absorption determinations, scope 
language, import volumes), and service lists available to the public on 
the Department's sunset Internet website at the following address: 
``http://ia.ita.doc.gov/sunset/.'' All submissions in these Sunset 
Reviews must be filed in accordance with the Department's regulations 
regarding format, translation, service, and certification of documents. 
These rules can be found at 19 CFR 351.303.
    Pursuant to 19 CFR 351.103(c), the Department will maintain and 
make available a service list for these proceedings. To facilitate the 
timely preparation of the service list(s), it is requested that those 
seeking recognition as interested parties to a proceeding contact the 
Department in writing within 10 days of the publication of the Notice 
of Initiation.Because deadlines in Sunset Reviews can be very short, we 
urge interested parties to apply for access to proprietary information 
under administrative protective order (``APO'') immediately following 
publication in the Federal Register of the notice of initiation of the 
sunset review. 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 (defined in section 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to 
participate in these Sunset Reviews 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 orders without further review. See 19 CFR 
351.218(d)(1)(iii).
    For sunset reviews of countervailing duty orders, parties wishing 
the Department to consider arguments that countervailable subsidy 
programs have been terminated must include with their substantive 
responses information and documentation addressing whether the changes 
to the program were (1) limited to an individual firm or firms and (2) 
effected by an official act of the government. Further, a party 
claiming program termination is expected to document that there are no 
residual benefits under the program and that substitute programs have 
not been introduced. Cf. 19 CFR 351.526(b) and (d). If a party 
maintains that any of the subsidies countervailed by the Department 
were not conferred pursuant to a subsidy program, that party should 
nevertheless address the applicability of the factors set forth in 19 
CFR 351.526(b) and (d). Similarly, parties wishing the Department to 
consider whether a company's change in ownership has extinguished the 
benefit from prior non-recurring, allocable, subsidies must include 
with their substantive responses information and documentation 
supporting their claim that all or almost all of the company's shares 
or assets were sold in an arm's length transaction, at a price 
representing fair market value, as described in the Notice of Final 
Modification of Agency Practice Under Section 123 of the Uruguay Round 
Agreements Act, 68 FR 37125 (June 23, 2003) (Modification Notice). See 
Modification Notice for a discussion of the types of information and 
documentation the Department requires.
    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 the 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. Please consult the 
Department's regulations for information regarding the Department's 
conduct of Sunset Reviews.\1\ Please 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).
---------------------------------------------------------------------------

    \1\ In comments made on the interim final sunset regulations, a 
number of parties stated that the proposed five-day period for 
rebuttals to substantive responses to a notice of initiation was 
insufficient. This requirement was retained in the final sunset 
regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 
351.302(b), however, the Department will consider individual 
requests for extension of that five-day deadline based upon a 
showing of good cause.

    Dated: March 23, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-6071 Filed 3-30-07; 8:45 am]
BILLING CODE 3510-DS-S