Initiation of Five-year (“Sunset”) Reviews, 55742-55744 [E7-19339]

Download as PDF 55742 Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Notices Antidumping Duty Proceedings Period THE PEOPLE’S REPUBLIC OF CHINA: Polyvinyl Alcohol. A–570–879 ................................................................................................................................................................. TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel Wire Rod. A–274–804 ................................................................................................................................................................. UKRAINE: Carbon and Certain Alloy Steel Wire Rod. A–823–812 ................................................................................................................................................................. Countervailing Duty Proceedings. BRAZIL: Carbon and Certain Alloy Steel Wire Rod. C–351–833 ................................................................................................................................................................ INDIA: Certain Line Paper Products2. C–533–844 ................................................................................................................................................................ IRAN: Roasted In–Shell Pistachios. C–507–601 ................................................................................................................................................................ Suspension Agreements. RUSSIA: Uranium. A–821–802 ................................................................................................................................................................. 10/1/06 - 9/30/07 10/1/06 - 9/30/07 10/1/06 - 9/30/07 1/1/06 - 12/31/06 2/13/06 - 12/31/06 1/1/06 - 12/31/06 10/1/06 - 9/30/07 2 In the notice of opportunity to request administrative review that published on September 4, 2007 (72 FR 50657), we listed the period of review for Certain Line Paper Products from India (C-533-844) incorrectly. The correct period of review is listed above. mstockstill on PROD1PC66 with NOTICES 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.3 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, 68 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 3 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the nonmarket economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. VerDate Aug<31>2005 18:31 Sep 28, 2007 Jkt 214001 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, N.W., Washington, D.C. 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Operations, 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 October 2007. If the Department does not receive, by the last day of October 2007, 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Dated: September 26, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 07–4858 Filed 9–28–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration 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 review (‘‘Sunset Review’’) of the antidumping and countervailing duty orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Fiveyear Review which covers the same orders. AGENCY: EFFECTIVE DATE: October 1, 2007. 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. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Notices Background 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 DOC Case No. ITC Case No. A–437–804 ............................................................... A–471–806 ............................................................... C–437–805 .............................................................. Suspended Investigations. No Sunset Reviews of suspended investigations are scheduled for initiation in October 2007. mstockstill on PROD1PC66 with NOTICES 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 sunset Internet Web site at the following address: ‘‘https://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 VerDate Aug<31>2005 18:31 Sep 28, 2007 Jkt 214001 731–TA–984 731–TA–985 701–TA–426 Country Frm 00008 Fmt 4703 Sfmt 4703 Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping and countervailing duty orders: Department Contact Sulfanilic Acid Sulfanilic Acid Sulfanilic Acid 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 PO 00000 Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). Product Hungary Portugal Hungary 55743 Brandon Farlander (202) 482–0182 Brandon Farlander (202) 482–0182 Brandon Farlander (202) 482–0182 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. E:\FR\FM\01OCN1.SGM 01OCN1 55744 Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Notices Dated: September 20, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–19339 Filed 9–28–07; 8:45 am] Notice of Upcoming Sunset Reviews. countervailable subsidy (as the case may be) and of material injury. SUPPLEMENTARY INFORMATION: Upcoming Sunset Reviews for November 2007 ACTION: Background BILLING CODE 3510–DS–S 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: 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 The following Sunset Reviews are scheduled for initiation in November 2007 and willappear in that month’s Notice of Initiation of Five-year Sunset Reviews. Department Contact Persulfates from the People’s Republic of China (A–570–847) (2nd Review) ......................................................... Countervailing Duty Proceedings. No Sunset Review of countervailing duty proceedings are scheduled for initiation in November 2007.. Suspended Investigations. Fresh Tomatoes from Mexico (A–201–820) .............................................................................................................. mstockstill on PROD1PC66 with NOTICES Antidumping Duty Proceedings Juanita Chen (202) 482–1904 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). 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. VerDate Aug<31>2005 18:31 Sep 28, 2007 Jkt 214001 Sally Gannon (202) 482–0162 Dated: September 20, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–19345 Filed 9–28–07; 8:45 am] Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230, telephone: (202) 482–0162 or (202) 482– 3674. BILLING CODE 3510–DS–S EXTENSION OF PRELIMINARY RESULTS: The Department published its notice of initiation of this review in the Federal Register on February 28, 2007. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 8969 (February 28, 2007). Pursuant to the time limits for administrative reviews set forth in section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Tariff Act), the current deadlines are October 3, 2007 for the preliminary results and January 31, 2008 for the final results. The Department finds that it is not practicable to complete the preliminary results by October 3, 2007. Because this is the first administrative review of this agreement since it was converted to a market–economy agreement in 2003, the Department needs additional time to complete its preliminary analysis. The Department must carefully consider the information submitted by JSC Severstal in this review and must address any novel issues which arise in the context of its examination of compliance with the suspension agreement’s terms, a process which, to date, has not occurred in this segment of the proceeding. Therefore, the Department is extending the time limit for completing the preliminary results of the review until DEPARTMENT OF COMMERCE International Trade Administration [A–821–808] Notice of Extension of Time Limit for the Preliminary Results of Administrative Review of the Suspension Agreement on Certain Cut–to-Length Carbon Steel Plate from Russia Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Extension of Time Limit for the Preliminary Results of Administrative Review of the Suspension Agreement on Certain Cut– to-Length Carbon Steel Plate from Russia. AGENCY: SUMMARY: The Department of Commerce (the Department) is extending the time limit for the preliminary results of the administrative review on the suspension agreement on cut–to-length carbon steel plate from Russia. EFFECTIVE DATE: October 1, 2007. FOR FURTHER INFORMATION CONTACT: Sally Gannon or Jay Carreiro, Import Administration, International Trade PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Notices]
[Pages 55742-55744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19339]

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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 review (``Sunset
Review'') of the antidumping and countervailing 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: October 1, 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:

[[Page 55743]]

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).

Initiation of Reviews

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
DOC Case No. ITC Case No. Country Product Department Contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-437-804.......................................................... 731-TA-984 Hungary Sulfanilic Acid Brandon Farlander (202) 482-0182
A-471-806.......................................................... 731-TA-985 Portugal Sulfanilic Acid Brandon Farlander (202) 482-0182
C-437-805.......................................................... 701-TA-426 Hungary Sulfanilic Acid Brandon Farlander (202) 482-0182
Suspended Investigations...........................................
No Sunset Reviews of suspended investigations are scheduled for
initiation in October 2007........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 sunset Internet Web site at
the following address: ``https://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.

[[Page 55744]]

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Dated: September 20, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-19339 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-DS-S

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