Initiation of Five-Year (“Sunset”) Review and Correction, 45589-45590 [2012-18820]

Download as PDF Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Notices entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties.3 The Department also examined whether the CBP data confirm that such entries were made during the NSR POR. The Department has identified some inconsistencies between the information provided by Haining Automann and the CBP data currently on the record. After the initiation of this NSR, the Department intends to place additional CBP data on the record, and, if necessary, request additional information from Haining Automann. Due to the proprietary nature of this information, please refer to the Memorandum to the File from John Ditore, ‘‘Initiation of AD New Shipper Review: Tapered Roller Bearings and Parts Thereof from the People’s Republic of China (A–570–601)’’ dated concurrently with this notice (‘‘Initiation Checklist’’). Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR initiated in the month immediately following the anniversary month will be the twelve month period immediately preceding the anniversary month. Therefore, the POR for this NSR is June 1, 2011, through May 31, 2012. Based on the information provided by Haining Automann, the sales and entries into the United States of subject merchandise produced and exported by Haining Automann occurred during this twelve month POR. tkelley on DSK3SPTVN1PROD with NOTICES Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), the Department finds that the request submitted by Haining Automann meets the threshold requirements for initiation of a NSR for the shipment of tapered roller bearings from the PRC produced and exported by Haining Automann.4 If the information supplied by Haining Automann cannot be verified using CBP import data, or is otherwise found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on record. The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later 3 See July 26, 2012 memorandum to the file regarding CBP data. 4 See Initiation Checklist. VerDate Mar<15>2010 19:53 Jul 31, 2012 Jkt 226001 than 90 days from the issuance of the preliminary results.5 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue a questionnaire to Haining Automann which will include a section requesting information with regard to Haining Automann’s export activities for separate rates purposes. The review will proceed if the response provides sufficient indication that Haining Automann is not subject to either de jure or de facto government control with respect to its export of subject merchandise. The Department will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Haining Automann in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Haining Automann certified that it produced and exported the subject merchandise, the Department will apply the bonding privilege to Haining Automann only for subject merchandise which Haining Automann produced and exported. To assist in its analysis of the bona fides of Haining Automann’s sales, upon initiation of this new shipper review, the Department will require Haining Automann to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: July 27, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–18890 Filed 7–31–12; 8:45 am] BILLING CODE 3510–DS–P 5 See PO 00000 section 751(a)(2)(B)(iv) of the Act. Frm 00015 Fmt 4703 Sfmt 4703 45589 DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review and Correction 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: August 1, 2012. 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: AGENCY: 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), and in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Correction of Case Number From Previous Sunset Review Initiation Notice In the previous sunset initiation notice,1 we inadvertently listed the 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 77 FR 39218 (July 2, 2012). E:\FR\FM\01AUN1.SGM 01AUN1 45590 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Notices incorrect Department case number for the antidumping duty order on steel concrete reinforcing bars from Latvia. The correct Department case number for the antidumping duty order on steel concrete reinforcing bars from Latvia is A–449–804. Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty orders: ITC case No. Country Product A–357–818 A–201–835 tkelley on DSK3SPTVN1PROD with NOTICES DOC case No. 731–TA–1105 731–TA–1106 Argentina Mexico ..... Lemon Juice (1st Review) ............................................................. Lemon Juice (1st Review) ............................................................. Filing Information As a courtesy, we are making information related to Sunset 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: ‘‘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, and service of documents. These rules, including electronic filing requirements via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’), can be found at 19 CFR 351.303. See also Antidumping and Countervailing Duty Proceedings: Electronic Filling Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 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 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 VerDate Mar<15>2010 19:53 Jul 31, 2012 Jkt 226001 Department contact Sally Gannon, (202) 482–0162 Sally Gannon, (202) 482–0162 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. 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.2 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). 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 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 [FR Doc. 2012–18820 Filed 7–31–12; 8:45 am] PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Dated: July 19, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Hollings Manufacturing Extension Partnership (HMEP) Program Application Requirements National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing SUMMARY: 2 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. E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Notices]
[Pages 45589-45590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18820]


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DEPARTMENT OF COMMERCE

International Trade Administration


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

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: August 1, 2012.

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), and in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).

Correction of Case Number From Previous Sunset Review Initiation Notice

    In the previous sunset initiation notice,\1\ we inadvertently 
listed the

[[Page 45590]]

incorrect Department case number for the antidumping duty order on 
steel concrete reinforcing bars from Latvia. The correct Department 
case number for the antidumping duty order on steel concrete 
reinforcing bars from Latvia is A-449-804.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 39218 
(July 2, 2012).
---------------------------------------------------------------------------

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-357-818.......     731-TA-1105  Argentina......  Lemon Juice (1st   Sally Gannon, (202) 482-0162
                                                    Review).
A-201-835.......     731-TA-1106  Mexico.........  Lemon Juice (1st   Sally Gannon, (202) 482-0162
                                                    Review).
----------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to Sunset 
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: ``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, and service of 
documents. These rules, including electronic filing requirements via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''), can be found at 19 CFR 
351.303. See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filling Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 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 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 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.\2\ 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.
---------------------------------------------------------------------------

    \2\ 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: July 19, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-18820 Filed 7-31-12; 8:45 am]
BILLING CODE 3510-DS-P