Initiation of Five-year (“Sunset”) Reviews, 11392-11393 [E8-4055]

Download as PDF 11392 Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(I). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of this notice. Notification of Interested Parties This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs‘‘) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations DOC Case No. A–570–875 ............................. rmajette on PROD1PC64 with NOTICES BILLING CODE 3510–DS–S 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 order 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 order. EFFECTIVE DATE: March 3, 2008. AGENCY: Country Jkt 214001 PRC Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: 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 Fmt 4703 Sfmt 4703 Department Contact Non–Malleable Cast Iron Pipe Fittings Information Required from Interested Parties Frm 00012 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). Product 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. PO 00000 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: FOR FURTHER INFORMATION CONTACT: Background DEPARTMENT OF COMMERCE 731–TA–990 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: ‘‘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 16:15 Feb 29, 2008 Dated: February 22, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–4052 Filed 2–29–08; 8:45 am] ITC Case No. Filing Information VerDate Aug<31>2005 and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(3)(A), 777(I), 751, and 777(I) of the Act and 19 CFR 351.213(d)(4). Juanita Chen (202) 482–1904 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) E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices rmajette on PROD1PC64 with NOTICES 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 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. VerDate Aug<31>2005 16:15 Feb 29, 2008 Jkt 214001 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: February 22, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–4055 Filed 2–29–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Exporters’ Textile Advisory Committee; Notice of Open Meeting A meeting of the Exporters’ Textile Advisory Committee will be held on Tuesday, April 23, 2008. The meeting will be from 1:00-4:00 p.m. at the Trade Information Center, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., N.W., Washington, D.C. 20004, Training Room ‘‘C’’. The Committee provides advice and guidance to Department officials on the identification and surmounting of barriers to the expansion of textile exports, and on methods of encouraging textile firms to participate in export expansion. The Committee functions solely as an advisory body in accordance with the provisions of the Federal Advisory Committee Act. The meeting will be open to the public with a limited number of seats available. For further information contact Larry Brill at (202) 482-1856. Minutes of all ETAC meetings are posted at otexa.ita.doc.gov. Dated: February 26, 2008. Janet E. Heinzen, Acting Chairman, Committee for Implementation of Textile Agreements. [FR Doc. E8–4049 Filed 2–29–08; 8:45 am] BILLING CODE 3510–DR–S DEPARTMENT OF COMMERCE International Trade Administration Exporters’ Textile Advisory Committee; Notice of Open Meeting A meeting of the Exporters’ Textile Advisory Committee will be held on May 8, 2008 from 10:00AM- 1:00 PM at the U.S Department of Commerce, U.S. Export Assistance Center, 444 S. Flower St. 34th Floor, Los Angeles, CA 90071. The Committee provides advice and guidance to Department officials on the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 11393 identification and surmounting of barriers to the expansion of textile exports, and on methods of encouraging textile firms to participate in export expansion. The Committee functions solely as an advisory body in accordance with the provisions of the Federal Advisory Committee Act. The meeting will be open to the public with a limited number of seats available. For further information contact Larry Brill at (202) 482-1856. Minutes of all ETAC meetings are posted at otexa.ita.doc.gov. Dated: February 26, 2008. Janet E. Heinzen, Acting Chairman, Committee for Implementation of Textile Agreements. [FR Doc. E8–4053 Filed 2–29–08; 8:45 am] BILLING CODE 3510–DR–S DEPARTMENT OF COMMERCE International Trade Administration [A–588–850] Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (over 4W Inches) from Japan: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 26, 2007, the U.S. Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on carbon and alloy seamless standard, line, and pressure pipe (over 4W inches) from Japan. The review covers four manufacturers/exporters: JFE Steel Corporation; Nippon Steel Corporation; NKK Tubes; and Sumitomo Metal Industries, Ltd. The period of review (POR) is June 1, 2006, through May 31, 2007. Following the receipt of a certification of no shipments from all four respondents, we notified the domestic interested party of the Department’s intent to rescind this review and provided an opportunity to comment on the rescission. We received no comments. Therefore, we are rescinding this administrative review. EFFECTIVE DATE: March 3, 2008. FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1784. AGENCY: E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11392-11393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4055]


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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 order 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 order.

EFFECTIVE DATE: March 3, 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 order:

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                   DOC Case No.                       ITC Case No.           Country                       Product                   Department Contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-875........................................          731-TA-990                 PRC    Non-Malleable Cast Iron Pipe Fittings    Juanita Chen (202)
                                                                                                                                                482-1904
--------------------------------------------------------------------------------------------------------------------------------------------------------

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: ``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)

[[Page 11393]]

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: February 22, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-4055 Filed 2-29-08; 8:45 am]
BILLING CODE 3510-DS-S