Initiation of Five-Year (“Sunset”) Reviews, 6128-6129 [E8-1896]

Download as PDF 6128 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Notices Postponement of Time Limits for New Shipper Antidumping Duty Reviews in Conjunction With Administrative Review, 72 FR 13744 (March 23, 2007). On October 9, 2007, the Department published the preliminary results. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Preliminary Results and Partial Rescission of the 2005–2006 Antidumping Duty Administrative Review and Preliminary Intent to Rescind 2005–2006 New Shipper Reviews, 72 FR 57288 (October 9, 2007). These reviews cover the period September 1, 2005, through August 31, 2006. The final results of the administrative review and the new shipper reviews are currently due by February 6, 2008. Extension of Time Limit for Final Results of Reviews Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a final determination in an administrative review of an antidumping duty order within 120 days after the date on which the preliminary results were published. The Act further provides, however, that the Department may extend that 120day period to 180 days after publication of the preliminary results if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the final results of the administrative review and new shipper reviews of freshwater crawfish tail meat from the PRC within the 120day period because it requires additional time to analyze a complicated sales reporting issue. In accordance with section 751(a)(3)(A) of the Act, the Department is fully extending the time period for completion of the final results of these reviews by 60 days to 180 days after the date on which the preliminary results were published. Therefore, the final results are now due no later than April 6, 2008. However, as that date falls on a Sunday, the final results will be due no later than the next business day, Monday, April 7, 2008. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act and 19 CFR 351.213(h)(2). Dated: January 25, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–1910 Filed 1–31–08; 8:45 am] BILLING CODE 3510–DR–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 duty orders listed below. The International Trade Commission AGENCY: (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. EFFECTIVE DATE: February 1, 2008. 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 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 orders: DOC case No. ITC case No. Country Product A–821–817 ............ 731–TA–991 ..... Russia ................... Silicon Metal .......................................... A–489–807 ............ 731–TA–745 ..... Turkey ................... Steel Concrete Reinforcing Bars (2nd Review). 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, VerDate Aug<31>2005 18:22 Jan 31, 2008 Jkt 214001 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Department contact Dana Mermelstein (202) 482–1391 Brandon Farlander (202) 482–0182 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 E:\FR\FM\01FEN1.SGM 01FEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Notices 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 VerDate Aug<31>2005 18:22 Jan 31, 2008 Jkt 214001 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: January 23, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–1896 Filed 1–31–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Public Meeting SUMMARY: The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet March 27, 2008. DATE AND TIME: The meeting is scheduled as follows: March 27, 2008, 9 a.m.–4 p.m. The first part of this meeting will be closed to the public. The public portion of the meeting will begin at 1 p.m. ADDRESSES: The meeting will be held in the Auditorium of the National Association of Home Builders Building, Washington, DC, located at 1201 15th Street, NW., Washington, DC 20005. While open to the public, seating capacity may be limited. SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1982), notice is hereby given of the meeting of ACCRES. ACCRES was established by the Secretary of Commerce (Secretary) on May 21, 2002, to advise the Secretary through the Under Secretary of Commerce for Oceans and Atmosphere on long- and short-range strategies for the licensing of commercial remote sensing satellite systems. 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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 6129 Matters To Be Considered The first part of the meeting will be closed to the public pursuant to Section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, as amended by Section 5(c) of the Government in Sunshine Act, Pub. L. 94–409 and in accordance with Section 552b(c)(1) of Title 5, United States Code. Accordingly, portions of this meeting which involve the ongoing review and implementation of the April 2003 U.S. Commercial Remote Sensing Space Policy and related national security and foreign policy considerations for NOAA’s licensing decisions are closed to the public. These briefings are likely to disclose matters that are specifically authorized under criteria established by Executive Order 12958 to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order. All other portions of the meeting will be open to the public. During the open portion of the meeting, the Committee will receive updates on NOAA’s licensing activities and there will be a presentation on orbital debris. The committee will also be available to receive public comments on its activities. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed to ACCRES, NOAA/ NESDIS International and Interagency Affairs Office, 1335 East-West Highway, Room 7311, Silver Spring, Maryland 20910. Additional Information and Public Comments Any member of the public wishing further information concerning the meeting or who wishes to submit oral or written comments should contact Kay Weston, Designated Federal Officer for ACCRES, NOAA/NESDIS International and Interagency Affairs Office, 1335 East-West Highway, Room 7311, Silver Spring, Maryland 20910. Copies of the draft meeting agenda can be obtained from David Hasenauer at (301) 713– 2024 ext. 207, fax (301) 713–2032, or email David.Hasenauer@noaa.gov. The ACCRES expects that public statements presented at its meetings will not be repetitive of previouslysubmitted oral or written statements. In general, each individual or group making an oral presentation may be limited to a total time of five minutes. Written comments (please provide at least 13 copies) received in the NOAA/ E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[NOTIC]
[Pages 6128-6129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1896]


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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 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: February 1, 2008.

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).

Initiation of Reviews

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

----------------------------------------------------------------------------------------------------------------
                                                                                                   Department
          DOC case No.                ITC case No.            Country            Product            contact
----------------------------------------------------------------------------------------------------------------
A-821-817......................  731-TA-991............  Russia...........  Silicon Metal....  Dana Mermelstein
                                                                                               (202) 482-1391
A-489-807......................  731-TA-745............  Turkey...........  Steel Concrete     Brandon Farlander
                                                                             Reinforcing Bars  (202) 482-0182
                                                                             (2nd Review).
----------------------------------------------------------------------------------------------------------------

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

[[Page 6129]]

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: January 23, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E8-1896 Filed 1-31-08; 8:45 am]
BILLING CODE 3510-DS-P
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