Initiation of Five-Year (“Sunset”) Review, 65186-65187 [2014-26087]

Download as PDF 65186 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices XIII. Conclusion [FR Doc. 2014–26076 Filed 10–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Enforcement and Compliance, 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 the five-year review (‘‘Sunset Review’’) of the antidumping and countervailing duty (‘‘AD/CVD’’) orders listed below. The International Trade Commission (‘‘the AGENCY: 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, 2014). FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, 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 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 Sunset Reviews of the following antidumping and countervailing duty orders: DOC case No. ITC case No. Country Product A–351–837 ....... 731–TA–1024 Brazil ..................... A–570–900 ....... 731–TA–1092 PRC 1 2 .................. A–570–887 A–533–848 C–533–849 A–533–828 ....... ....... ....... ....... 731–TA–1046 731–TA–1155 701–TA–459 731–TA–1025 PRC India India India C–533–829 ....... 701–TA–432 India ...................... A–588–068 ....... AA1921–188 Japan .................... A–201–831 ....... 731–TA–1027 Mexico ................... A–580–852 ....... 731–TA–1026 Republic of Korea A–549–820 ....... 731–TA–1028 Thailand ................ Prestressed Concrete Steel Wire Strand (2nd Review). Diamond Sawblades and Parts Thereof (1st Review). Tetrahydrofurfuryl Alcohol (2nd Review) .. Commodity Matchbooks (1st Review) ...... Commodity Matchbooks (1st Review) ...... Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (4th Review). Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (2nd Review). Prestressed Concrete Steel Wire Strand (2nd Review). ...................... ...................... ...................... ...................... Department contact David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. Jacqueline Arrowsmith (202) 482–5255. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. 1 Pursuant to court order in Diamond Sawblades Manufacturers Coalition v. United States, 2014 Ct. Intl. Trade LEXIS 112 (Ct. Int’l Trade Sep. 23, 2014), we are initiating the sunset review for diamond sawblades and parts thereof from the People’s Republic of China (PRC) effective November 4, 2014. 2 For Diamond Sawblades and Parts Thereof From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Sunset Review, Notice of Rescission of Sunset Review, and Advance Notification of New Sunset Review, 79 FR 63080 (October 22, 2014), the case number is A–570–900. We inadvertently omitted the case number in this notice. 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 public on the Department’s Web site at the following address: ‘‘http:// enforcement.trade.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 VerDate Sep<11>2014 17:37 Oct 31, 2014 Jkt 235001 electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’), can be found at 19 CFR 351.303.3 Revised Factual Information Requirements 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.4 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 August 16, 2013.5 The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does 4 See section 782(b) of the Act. Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’) (amending 19 CFR 351.303(g)). 5 See 3 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES not comply with the revised certification requirements. On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to antidumping and countervailing duty proceedings: The definition of factual information (19 CFR 351.102(b)(21), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013. Review the final rule, available at http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in this segment. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation at 19 CFR 351.302(c) concerning the extension of time limits for submissions in antidumping and countervailing duty proceedings: Extension of Time Limits, 78 FR 57790 (September 20, 2013). The modification clarifies that parties may request an extension of time limits before a time limit established under part 351 of the Department’s regulations expires, or as otherwise specified by the VerDate Sep<11>2014 17:37 Oct 31, 2014 Jkt 235001 Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimelyfiled requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Review the final rule, available at http://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in these segments. Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (‘‘APO’’) to file an APO application immediately following publication in the Federal Register of this notice of initiation. 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, as 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 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 65187 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.6 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. Consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews. 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 23, 2014. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–26087 Filed 10–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–875] Certain Steel Nails From the Republic of Korea: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily AGENCY: 6 See E:\FR\FM\03NON1.SGM 19 CFR 351.218(d)(1)(iii). 03NON1

Agencies

[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65186-65187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26087]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


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

AGENCY: Enforcement and Compliance, 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 the five-year review 
(``Sunset Review'') of the antidumping and countervailing duty (``AD/
CVD'') 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, 2014).

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, 
Enforcement and Compliance, 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 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 Sunset 
Reviews of the following antidumping and countervailing duty orders:

----------------------------------------------------------------------------------------------------------------
       DOC case No.         ITC case No.             Country                  Product         Department contact
----------------------------------------------------------------------------------------------------------------
A-351-837................     731-TA-1024  Brazil.....................  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (2nd
                                                                         Review).
A-570-900................     731-TA-1092  PRC 1 2....................  Diamond Sawblades    David Goldberger
                                                                         and Parts Thereof    (202) 482-4136.
                                                                         (1st Review).
A-570-887................     731-TA-1046  PRC........................  Tetrahydrofurfuryl   David Goldberger
                                                                         Alcohol (2nd         (202) 482-4136.
                                                                         Review).
A-533-848................     731-TA-1155  India......................  Commodity            David Goldberger
                                                                         Matchbooks (1st      (202) 482-4136.
                                                                         Review).
C-533-849................      701-TA-459  India......................  Commodity            Jacqueline
                                                                         Matchbooks (1st      Arrowsmith (202)
                                                                         Review).             482-5255.
A-533-828................     731-TA-1025  India......................  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (2nd
                                                                         Review).
C-533-829................      701-TA-432  India......................  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (2nd
                                                                         Review).
A-588-068................      AA1921-188  Japan......................  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (4th
                                                                         Review).
A-201-831................     731-TA-1027  Mexico.....................  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (2nd
                                                                         Review).
A-580-852................     731-TA-1026  Republic of Korea..........  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (2nd
                                                                         Review).
A-549-820................     731-TA-1028  Thailand...................  Prestressed          David Goldberger
                                                                         Concrete Steel       (202) 482-4136.
                                                                         Wire Strand (2nd
                                                                         Review).
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to court order in Diamond Sawblades Manufacturers Coalition v. United States, 2014 Ct. Intl. Trade
  LEXIS 112 (Ct. Int'l Trade Sep. 23, 2014), we are initiating the sunset review for diamond sawblades and parts
  thereof from the People's Republic of China (PRC) effective November 4, 2014.
\2\ For Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in
  Harmony With Final Results of Sunset Review, Notice of Rescission of Sunset Review, and Advance Notification
  of New Sunset Review, 79 FR 63080 (October 22, 2014), the case number is A-570-900. We inadvertently omitted
  the case number in this notice.

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 Web site at the following 
address: ``http://enforcement.trade.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 Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''), can be found at 19 CFR 
351.303.\3\
---------------------------------------------------------------------------

    \3\ See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

Revised Factual Information Requirements

    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.\4\ 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 August 16, 2013.\5\ The formats 
for the revised certifications are provided at the end of the Final 
Rule. The Department intends to reject factual submissions if the 
submitting party does

[[Page 65187]]

not comply with the revised certification requirements.
---------------------------------------------------------------------------

    \4\ See section 782(b) of the Act.
    \5\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'') (amending 
19 CFR 351.303(g)).
---------------------------------------------------------------------------

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty proceedings: 
The definition of factual information (19 CFR 351.102(b)(21), and the 
time limits for the submission of factual information (19 CFR 351.301). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) publicly available information to value 
factors under 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the 
record by the Department; and (v) evidence other than factual 
information described in (i)-(iv). The final rule requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
segments initiated on or after May 10, 2013. Review the final rule, 
available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. To 
the extent that other regulations govern the submission of factual 
information in a segment (such as 19 CFR 351.218), these time limits 
will continue to be applied.

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation at 19 
CFR 351.302(c) concerning the extension of time limits for submissions 
in antidumping and countervailing duty proceedings: Extension of Time 
Limits, 78 FR 57790 (September 20, 2013). The modification clarifies 
that parties may request an extension of time limits before a time 
limit established under part 351 of the Department's regulations 
expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Under certain circumstances, the Department may elect to specify a 
different time limit by which extension requests will be considered 
untimely for submissions which are due from multiple parties 
simultaneously. In such a case, the Department will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This modification also requires that an extension 
request must be made in a separate, stand-alone submission, and 
clarifies the circumstances under which the Department will grant 
untimely-filed requests for the extension of time limits. These 
modifications are effective for all segments initiated on or after 
October 21, 2013. Review the final rule, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these segments.

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), the Department will maintain and 
make available a public service list for these proceedings. Parties 
wishing to participate in any of these five-year reviews must file 
letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate 
the timely preparation of the public service list, it is requested that 
those seeking recognition as interested parties to a proceeding submit 
an entry of appearance within 10 days of the publication of the Notice 
of Initiation.
    Because deadlines in Sunset Reviews can be very short, we urge 
interested parties who want access to proprietary information under 
administrative protective order (``APO'') to file an APO application 
immediately following publication in the Federal Register of this 
notice of initiation. 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, as 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.\6\
---------------------------------------------------------------------------

    \6\ 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. Consult the 
Department's regulations for information regarding the Department's 
conduct of Sunset Reviews. 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 23, 2014.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-26087 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P