Initiation of Five-Year (“Sunset”) Review, 13862-13863 [2013-04821]

Download as PDF 13862 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Notices Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. SUPPLEMENTARY INFORMATION: Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7025–X, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 99–5A002.’’ The California Almond Export Association, LLC original Certificate was issued on December 27, 1999 (65 FR 760) and last amended on June 8, 2010 (75 FR 35441). A summary of the current application for an amendment follows. Summary of the Application Applicant: California Almond Export Association, LLC (‘‘CAEA’’), 4800 Sisk Road Modesto, CA 95356. Contact: Bill Morecraft, Chairman, Telephone: (916) 446–8537. Application No.: 99–5A002. Date Deemed Submitted: February 19, 2013. Proposed Amendment: CAEA seeks to amend its Certificate to: 1. Add the following company as a new Member of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Roche Brothers International (Escalon, CA). 2. Delete the following company as a Member of CAEA’s Certificate: Quality Nut Co. (Escalon, CA). Dated: February 22, 2013. Jeffrey Anspacher, Senior Economist, Office of Competition and Economic Analysis. [FR Doc. 2013–04784 Filed 2–28–13; 8:45 am] BILLING CODE 3510–DR–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 AGENCY: 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. DATES: Effective Date: (March 1, 2013) 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 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). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating a Sunset Review of the following antidumping duty order: DOC Case No. ITC Case No. Country Product Department contact A–570–847 ............ 731–TA–749 ........ China ................................... Persulfates (3rd Review) .............. Jennifer Moats, (202) 482–5047. mstockstill on DSK4VPTVN1PROD with 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’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the VerDate Mar<15>2010 16:40 Feb 28, 2013 Jkt 229001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’), can be found at 19 CFR 351.303. See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). This notice serves as a reminder that any party submitting factual information E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:40 Feb 28, 2013 Jkt 229001 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 a 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: February 21, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–04821 Filed 2–28–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC521 Marine Mammals; File No. 16632 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that the NMFS Pacific Islands Fisheries SUMMARY: 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 00009 Fmt 4703 Sfmt 4703 13863 Science Center, Hawaiian monk seal Research Program (Responsible Party, Frank Parrish), has applied in due form for a permit to conduct research on and enhancement of Hawaiian monk seals (Monachus schauinslandi). DATES: Written, telefaxed, or email comments must be received on or before April 15, 2013. ADDRESSES: The application and related documents are available for review on the following Web site: https:// www.nmfs.noaa.gov/pr/permits/eis/ hawaiianmonksealeis.htm. The application is also available by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 16632 from the list of available applications. These documents are also available upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376; and Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814–4700; phone (808) 944–2200; fax (808) 973–2941. Written comments on this application should be submitted to the Chief, Permits, and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to monkseal@noaa.gov. Please include the File No. 16632 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Amy Sloan or Colette Cairns, (301) 427– 8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222–226). The applicant requests a 5-year permit to carry out research and enhancement E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13862-13863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04821]


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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 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.

DATES: Effective Date: (March 1, 2013)

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).

Initiation of Review

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

----------------------------------------------------------------------------------------------------------------
                                                                                                  Department
       DOC Case No.               ITC Case No.              Country             Product             contact
----------------------------------------------------------------------------------------------------------------
A-570-847................  731-TA-749...............  China.............  Persulfates (3rd    Jennifer Moats,
                                                                           Review).            (202) 482-5047.
----------------------------------------------------------------------------------------------------------------

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 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 Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    This notice serves as a reminder that any party submitting factual 
information

[[Page 13863]]

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 a 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: February 21, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-04821 Filed 2-28-13; 8:45 am]
BILLING CODE 3510-DS-P
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