Initiation of Five-Year (“Sunset”) Reviews, 61861-61862 [E7-21552]
Download as PDF
Federal Register / Vol. 72, No. 211 / Thursday, November 1, 2007 / Notices
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of November 2007. If the
Department does not receive, by the last
day of November 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.
Dated: October 25, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21542 Filed 10–31–07; 8:45 am]
BILLING CODE 3510–DS–P
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:
61861
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
December 2007
The following Sunset Reviews are
scheduled for initiation in December
2007 and will appear in that month’s
Notice of Initiation of Five-Year Sunset
Reviews.
Department
ontact
mstockstill on PROD1PC66 with NOTICES
Antidumping Duty Proceedings
Ferrovanadium from the People’s Republic of China (A–570–873) ............................................................
Ferrovanadium from South Africa (A–791–815) ..........................................................................................
Countervailing Duty Proceedings
No Sunset Review of countervailing duty proceedings are scheduled for initiation in December 2007
Suspended Investigations
No Sunset Review of suspended investigations are scheduled for initiation in December 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 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 Initiation.
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
VerDate Aug<31>2005
19:40 Oct 31, 2007
Jkt 214001
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: October 25, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21535 Filed 10–31–07; 8:45 am]
BILLING CODE 3510–DS–P
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
AGENCY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Juanita Chen, (202) 482–1904.
Brandon Farlander, (202) 482–0182.
antidumping duty order and suspended
investigation 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: November 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:
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
E:\FR\FM\01NON1.SGM
01NON1
61862
Federal Register / Vol. 72, No. 211 / Thursday, November 1, 2007 / Notices
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).
DOC Case No.
ITC Case No.
Country
Product
A–570–847 ..........................................................................................................
731–TA–749
PRC ....
Persulfates
(2nd Review).
Juanita Chen,
(202) 482–1904.
Mexico
Fresh Tomatoes.
Sally Gannon,
(202) 482–0162.
Initiation of Reviews
In accordance with 19 CFR
351.218(c), we are initiating the Sunset
Review of the following antidumping
duty order and suspended investigation:
Department contact
Suspended Investigation
A–201–820 ..........................................................................................................
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
Federal Register of this notice of
VerDate Aug<31>2005
19:40 Oct 31, 2007
Jkt 214001
731–TA–747
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
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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).
Dated: October 25, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21552 Filed 10–31–07; 8:45 am]
BILLING CODE 3510–DS–P
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\01NON1.SGM
01NON1
Agencies
[Federal Register Volume 72, Number 211 (Thursday, November 1, 2007)]
[Notices]
[Pages 61861-61862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21552]
-----------------------------------------------------------------------
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 duty order and suspended investigation
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: November 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:
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
[[Page 61862]]
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 duty order and suspended
investigation:
----------------------------------------------------------------------------------------------------------------
DOC Case No. ITC Case No. Country Product Department contact
----------------------------------------------------------------------------------------------------------------
A-570-847..................... 731-TA-749........ PRC......... Persulfates (2nd Juanita Chen,
Review). (202) 482-1904.
----------------------------------------------------------------------------------------------------------------
Suspended Investigation
----------------------------------------------------------------------------------------------------------------
A-201-820..................... 731-TA-747........ Mexico...... Fresh Tomatoes.... Sally Gannon,
(202) 482-0162.
----------------------------------------------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218(c).
Dated: October 25, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-21552 Filed 10-31-07; 8:45 am]
BILLING CODE 3510-DS-P