Initiation of Five-Year (“Sunset”) Review, 71091-71093 [2014-28408]
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
71091
Notification to Interested Parties
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
5 p.m. Eastern Time in order for it to
have been submitted timely on that day.
The Department intends to issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any
written comments, within 120 days of
publication of these preliminary results
unless extended, pursuant to section
751(a)(3)(A) of the Act.
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.11
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated antidumping duties.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Assessment Rates
Upon issuing the final results of the
review, the Department shall determine,
and U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review. For any individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), the
Department will calculate importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).10
For respondents not individually
examined for this review, their ad
valorem assessment rate will be equal to
their weighted-average dumping margin
established in the final results of review.
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, the Department will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
Cash Deposit Requirements
Appendix
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the rate is de minimis, then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (3) for all PRC exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be 60.85
percent, which is the rate for the PRCwide entity; 12 and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Partial Rescission of Administrative
Review
6. Non-Market Economy Country Status
7. Separate Rates
8. PRC-Wide Entity
9. Surrogate Country
10. Date of Sale
11. Fair Value Comparisons
12. Determination of Comparison Method
13. Export Price
14. Constructed Export Price
15. Value Added Tax
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Recommendation
10 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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14:08 Nov 28, 2014
Jkt 235001
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the CBP
assessing double antidumping duties
based on the Department’s presumption
that antidumping duties were
reimbursed.
11 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
12 See LTFV Final Determination, 75 FR at 60729.
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[FR Doc. 2014–28255 Filed 11–28–14; 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
Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-Year Review which
covers the same orders.
DATES: Effective Date: December 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
AGENCY:
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01DEN1
71092
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
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
DOC case No.
ITC case No.
Country
731–TA–1159 ...
701–TA–463 .....
PRC
PRC
Oil Country Tubular Goods (1st Review) ...........
Oil Country Tubular Goods (1st Review) ...........
Initiation of Review
In accordance with 19 CFR
351.218(c), we are initiating Sunset
Reviews of the following antidumping
and countervailing duty orders:
Product
A–570–943 1 .....
C–570–944 .......
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Department contact
Jacqueline Arrowsmith, (202) 482–5255.
David Goldberger, (202) 482–4136.
1 On November 3, 2014, the Department published the Antidumping or Countervailing Duty Order, Finding or Suspended Investigation; Advance Notification of Sunset Reviews, which listed the wrong case number for the antidumping duty order on Oil Tubular Goods from the PRC.
See 79 FR 65189 (November 3, 2014). The correct case number for this case is A–570–943, as listed above.
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: ‘‘https://
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
351.303.2
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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.3 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, 2013.4 The
formats for the revised certifications are
provided at the end of the Final Rule.
2 See also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
3 See section 782(b) of the Act.
4 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)).
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14:08 Nov 28, 2014
Jkt 235001
The Department intends to reject factual
submissions if the submitting party does
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 https://
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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 untimelyfiled requests for the extension of time
E:\FR\FM\01DEN1.SGM
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Review the final rule,
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these segments.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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.5
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
5 See
19 CFR 351.218(d)(1)(iii).
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14:08 Nov 28, 2014
Jkt 235001
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: November 19, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–28408 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Countervailing Duty Investigation of
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary
Affirmative Determination, Preliminary
Affirmative Critical Circumstances
Determination, in Part, and Alignment
of Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of passenger
vehicle and light truck tires (passenger
tires) from the People’s Republic of
China (PRC). The period of investigation
is January 1, 2013, through December
31, 2013. We invite interested parties to
comment on this preliminary
determination.
DATES: Effective Date: Insert date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Jason Rhoads, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202.482.0176, 202.482.0123,
respectively.
AGENCY:
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71093
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this
investigation are certain passenger tires
from the PRC. For a complete
description of the scope of this
investigation, see the Memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Countervailing Duty Investigation of
Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic
of China: Decision Memorandum for the
Preliminary Determination,’’ dated
concurrently with, and hereby adopted
by, this notice (Preliminary Decision
Memorandum). The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://trade.gov/enforcement.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.1 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
1 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71091-71093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28408]
-----------------------------------------------------------------------
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: December 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
[[Page 71092]]
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-570-943 \1\............. 731-TA-1159............... PRC Oil Country Tubular Jacqueline
Goods (1st Review). Arrowsmith, (202)
482-5255.
C-570-944................. 701-TA-463................ PRC Oil Country Tubular David Goldberger,
Goods (1st Review). (202) 482-4136.
----------------------------------------------------------------------------------------------------------------
\1\ On November 3, 2014, the Department published the Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Advance Notification of Sunset Reviews, which listed the wrong case number for the
antidumping duty order on Oil Tubular Goods from the PRC. See 79 FR 65189 (November 3, 2014). The correct case
number for this case is A-570-943, as listed above.
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: ``https://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.\2\
---------------------------------------------------------------------------
\2\ 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.\3\ 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.\4\ 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 not comply with the revised certification
requirements.
---------------------------------------------------------------------------
\3\ See section 782(b) of the Act.
\4\ 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 https://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
[[Page 71093]]
limits. These modifications are effective for all segments initiated on
or after October 21, 2013. Review the final rule, available at https://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.\5\
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\5\ See 19 CFR 351.218(d)(1)(iii).
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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: November 19, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-28408 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-DS-P