Initiation of Five-Year (“Sunset”) Review and Correction, 45589-45590 [2012-18820]
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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
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section 751(a)(2)(B)(iv) of the Act.
Frm 00015
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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).
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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:
‘‘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, 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]
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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]
-----------------------------------------------------------------------
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: ``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, 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
