Initiation of Five-Year (“Sunset”) Review, 67412-67413 [2011-28315]

Download as PDF 67412 DATES: Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Notices Effective Date: November 1, 2011. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482–0665. SUPPLEMENTARY INFORMATION: Background On March 31, 2011, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on small diameter graphite electrodes from the People’s Republic of China (PRC) for the period February 1, 2010, through January 31, 2011. See Initiation of Antidumping Duty Administrative Reviews, Requests for Revocation in Part, and Deferral of Administrative Review, 76 FR 17825 (March 31, 2011) (Initiation Notice). We initiated an administrative review of 160 companies.1 The preliminary results of the review are currently due no later than October 31, 2011. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month. We determine that it is not practicable to complete the preliminary results of this review within the original time limit because we require additional time to analyze the appropriateness of the sales and factors-of-production data reported. Therefore, we are extending the time period for issuing the preliminary results of this review by 95 days until February 3, 2012. This notice is published in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: October 26, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review 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 DOC case No. ITC case No. Country A–570–806 ............. A–475–828 ............. 731–TA–472 .......... 731–TA–865 .......... China ..................... Italy ........................ A–557–809 ............. 731–TA–866 .......... Malaysia ................. A–565–801 ............. 731–TA–867 .......... Philippines ............. srobinson on DSK4SPTVN1PROD with NOTICES Filing Information 1 In the Initiation Notice, we listed names by which certain companies are also known, or were 17:04 Oct 31, 2011 Jkt 226001 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 Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty orders: Product Silicon Metal (3rd Review) Stainless Steel Butt-Weld (2nd Review). Stainless Steel Butt-Weld (2nd Review). Stainless Steel Butt-Weld (2nd Review). Department contact ..................... Pipe Fittings Pipe Fittings Pipe Fittings Julia Hancock (202) 482–1394. Dana Mermelstein (202) 482– 1391. Dana Mermelstein (202) 482– 1391. Dana Mermelstein (202) 482– 1391. 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, and service of documents. These rules can be found at 19 CFR 351.303. As a courtesy, we are making information related to Sunset Review proceedings, including copies of the pertinent statue and Department’s regulations, the Department schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the VerDate Mar<15>2010 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: FOR FURTHER INFORMATION CONTACT: Background [FR Doc. 2011–28323 Filed 10–31–11; 8:45 am] AGENCY: (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective Date: November 1, 2011. This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all AD/CVD investigations or proceedings formerly known, as reflected in the February 25, 2011, request for an administrative review submitted by the petitioners, SGL Carbon LLC and Superior Graphite, Co. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES initiated on or after March 14, 2011. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’) amending 19 CFR 351.303(g)(1) and (2) and supplemented by Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements. 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. The required contents of the notice of intent to articipate 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 Mar<15>2010 17:04 Oct 31, 2011 Jkt 226001 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 18, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–28315 Filed 10–31–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. AGENCY: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended 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 00012 Fmt 4703 Sfmt 4703 67413 investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (‘‘the Act’’), may request, in accordance with 19 CFR 351.213, of the Department of Commerce (‘‘the Department’’) regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67412-67413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28315]


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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 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: November 1, 2011.

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 duty orders:

--------------------------------------------------------------------------------------------------------------------------------------------------------
           DOC case No.                ITC case No.             Country                 Product                         Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-806........................  731-TA-472..........  China...............  Silicon Metal (3rd         Julia Hancock (202) 482-1394.
                                                                                Review).
A-475-828........................  731-TA-865..........  Italy...............  Stainless Steel Butt-Weld  Dana Mermelstein (202) 482-1391.
                                                                                Pipe Fittings (2nd
                                                                                Review).
A-557-809........................  731-TA-866..........  Malaysia............  Stainless Steel Butt-Weld  Dana Mermelstein (202) 482-1391.
                                                                                Pipe Fittings (2nd
                                                                                Review).
A-565-801........................  731-TA-867..........  Philippines.........  Stainless Steel Butt-Weld  Dana Mermelstein (202) 482-1391.
                                                                                Pipe Fittings (2nd
                                                                                Review).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to Sunset Review 
proceedings, including copies of the pertinent statue 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, and service of 
documents. These rules can be found at 19 CFR 351.303.
    This notice serves as a reminder that any party submitting factual 
information in an AD/CVD proceeding must certify to the accuracy and 
completeness of that information. See section 782(b) of the Act. 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials as well as their 
representatives in all AD/CVD investigations or proceedings

[[Page 67413]]

initiated on or after March 14, 2011. See Certification of Factual 
Information to Import Administration During Antidumping and 
Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 
(February 10, 2011) (``Interim Final Rule'') amending 19 CFR 
351.303(g)(1) and (2) and supplemented by Certification of Factual 
Information To Import Administration During Antidumping and 
Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 
54697 (September 2, 2011). The formats for the revised certifications 
are provided at the end of the Interim Final Rule. The Department 
intends to reject factual submissions if the submitting party does not 
comply with the revised certification requirements.
    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. The required contents of the 
notice of intent to articipate 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: October 18, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-28315 Filed 10-31-11; 8:45 am]
BILLING CODE 3510-DS-P
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