Initiation of Five-Year (“Sunset”) Review, 16437-16438 [2010-7413]

Download as PDF Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), the Department has determined that the information submitted by Srikanth International includes evidence sufficient to warrant initiating a changed circumstances review. In antidumping duty changed circumstances reviews involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base. See, e.g., Brake Rotors From the People’s Republic of China: Final Results of Changed Circumstances Antidumping Duty Administrative Review, 70 FR 69941 (Nov. 18, 2005); and Notice of Final Results of ChangedCircumstances Antidumping Duty Administrative Review: Polychloroprene Rubber from Japan, 67 FR 58 (Jan. 2, 2002). While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-in-interest relationship, the Department will generally consider the new company to be the successor to the previous company if the new company’s resulting operation is not materially dissimilar to that of its predecessor. See, e.g., Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979 (Mar. 1, 1999). Thus, if the record evidence demonstrates that, with respect to the production and sale of subject merchandise, the new company operates as the same business entity as the predecessor company, the Department will accord the new company the same antidumping treatment as its predecessor. Id. at 9980. Based on the information provided in its submission, Srikanth International has provided sufficient evidence to warrant a review to determine if it is the successor-in-interest to NGR. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review. However, although Srikanth International has provided information regarding the transfer of facilities from NGR to Srikanth International, we require additional time to solicit further information related to the four successor-in-interest factors listed above. Accordingly, we have determined that it would be inappropriate for the Department to expedite this action by combining the preliminary results of review with this notice of initiation, as permitted under 19 CFR 351.221(c)(3)(ii). As a result, the Department is not issuing preliminary results for this changed circumstances review at this time. The Department expects to issue questionnaires requesting additional information for the review and will publish in the Federal Register a notice of preliminary results of changed circumstances review in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i). That notice will set forth the factual and legal conclusions upon which our preliminary results are based and a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. The Department will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is in accordance with section 751(b)(1) of the Act. Dated: March 26, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–7397 Filed 3–31–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review 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 FiveYear Review which covers the same orders. DATES: 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 FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping and countervailing duty orders: ITC case No. Country Product A–351–828 ....... 731–TA–806 ..... Brazil ................ A–588–846 ....... mstockstill on DSKH9S0YB1PROD with NOTICES Effective Date: April 1, 2010. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. DOC case No. 731–TA–807 ..... Japan ................ A–821–809 ....... 731–TA–808 (Suspension Agreement). 701–TA–384 ..... Russia .............. Hot-Rolled Carbon, Steel Flat Products (2nd Review). Hot-Rolled Carbon, Steel Flat Products (2nd Review). Hot-Rolled Carbon, Steel Flat Products (2nd Review). C–351–829 ....... VerDate Nov<24>2008 16:51 Mar 31, 2010 Brazil ................ Jkt 220001 PO 00000 Department contact Hot-Rolled Carbon, Steel Flat Products (2nd Review). Frm 00016 Fmt 4703 Sfmt 4703 16437 Dana Mermelstein, (202) 482–1391. Dana Mermelstein, (202) 482–1391. Sally Gannon, (202) 482–0162. Dana Mermelstein (202) 482–1391. E:\FR\FM\01APN1.SGM 01APN1 16438 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / 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 schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department’s 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(d), 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 this notice of initiation by filing a notice of intent to participate. 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. mstockstill on DSKH9S0YB1PROD with NOTICES Information Required From Interested Parties Domestic interested parties defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in a Sunset Review 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. See 19 CFR 351.218(d)(1)(i). 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 order without further review. See 19 CFR 351.218(d)(1)(iii). If we receive an order-specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties VerDate Nov<24>2008 16:51 Mar 31, 2010 Jkt 220001 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: March 26, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–7413 Filed 3–31–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S. Travel and Tourism Advisory Board: Meeting of the U.S. Travel and Tourism Advisory Board AGENCY: International Trade Administration, U.S. Department of Commerce. ACTION: Notice of the rescheduling of an Open Meeting. SUMMARY: The U.S. Travel and Tourism Advisory Board (Board) will hold a meeting to discuss topics related to the travel and tourism industry. To provide additional information regarding a Federal Register notice published March 24, 2010, Volume 75, Number 56, regarding the United States Travel and Tourism Advisory Board (‘‘Board’’) intent to hold a meeting on April 8, 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 to extend that five-day deadline based upon a showing of good cause. PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 2010. The meeting has been rescheduled, please see below. DATES: April 12, 2010 at 1 p.m. (ET) ADDRESSES: Department of Commerce, 1401 Constitution Avenue, NW., Room 4830, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: J. Marc Chittum, U.S. Travel and Tourism Advisory Board, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone: 202–482–4501, email: Marc.Chittum@trade.gov. SUPPLEMENTARY INFORMATION: Background: The Board was rechartered on September 3, 2009, to advise the Secretary of Commerce on matters relating to the travel and tourism industry. Topics to be considered: The agenda for the April 8, 2010, meeting is as follows: 1. Welcome & introduction of new members. 2. Discussion of topics related to the travel and tourism industry. Public Participation: The meeting will be open to the public and the room is disabled-accessible. Public seating is limited and available on a first-come, first-served basis. Members of the public wishing to attend the meeting must notify J. Marc Chittum at the contact information above by 5 p.m. Eastern Time on April 5, 2010, in order to preregister for clearance into the building. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may be impossible to fill. No time will be available for oral comments from members of the public attending the meeting. Any member of the public may submit pertinent written comments concerning the Board’s affairs at any time before and after the meeting. Comments may be submitted to J. Marc Chittum, Executive Secretary, at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5 p.m. Eastern Time on April 5, 2010, to ensure transmission to the Board prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of Board meeting minutes will be available within 90 days of the meeting. Dated: March 29, 2010. J. Marc Chittum, Executive Secretary. [FR Doc. 2010–7393 Filed 3–30–10; 11:15 am] BILLING CODE 3510–DR–P E:\FR\FM\01APN1.SGM 01APN1

Agencies

[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16437-16438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7413]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (``Sunset'') Review

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.

DATES: Effective Date: April 1, 2010.

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, 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 Review

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

----------------------------------------------------------------------------------------------------------------
                                                                                                   Department
      DOC case No.             ITC case No.               Country                Product            contact
----------------------------------------------------------------------------------------------------------------
A-351-828..............  731-TA-806.............  Brazil.................  Hot-Rolled Carbon,   Dana
                                                                            Steel Flat          Mermelstein,
                                                                            Products (2nd       (202) 482-1391.
                                                                            Review).
A-588-846..............  731-TA-807.............  Japan..................  Hot-Rolled Carbon,  Dana Mermelstein,
                                                                            Steel Flat          (202) 482-1391.
                                                                            Products (2nd
                                                                            Review).
A-821-809..............  731-TA-808 (Suspension   Russia.................  Hot-Rolled Carbon,  Sally Gannon,
                          Agreement).                                       Steel Flat          (202) 482-0162.
                                                                            Products (2nd
                                                                            Review).
C-351-829..............  701-TA-384.............  Brazil.................  Hot-Rolled Carbon,  Dana Mermelstein
                                                                            Steel Flat          (202) 482-1391.
                                                                            Products (2nd
                                                                            Review).
----------------------------------------------------------------------------------------------------------------


[[Page 16438]]

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 schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current service lists, 
available to the public on the Department's 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(d), 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 this notice of initiation by 
filing a notice of intent to participate. 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 a Sunset Review 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. See 19 CFR 351.218(d)(1)(i). 
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 order without further review. 
See 19 CFR 351.218(d)(1)(iii).
    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 to extend 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: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-7413 Filed 3-31-10; 8:45 am]
BILLING CODE 3510-DS-P