Initiation of Five-Year (“Sunset”) Review, 11164-11166 [2015-04300]
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11164
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
issues are identified in the Appendix to
this notice. The Issues and 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).3
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://trade.gov/
enforcement/frn/. The signed
Issues and Decision Memorandum and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
Jindal, SRF, and domestic interested
parties Polyplex USA LLC and Flex
USA, we made the following changes to
our rate calculations for Jindal and SRF:
We adjusted the cash deposit rates for
Jindal and SRF, as necessary, to exclude
the foreign currency denominated preand post-export financing benefits.
Further, we revised our allocation
calculations and adjusted the numerator
in our subsidy rate calulations for Jindal
with respect to the Status Holder
Incentive Scheme (SHIS). For a
discussion of these issues, see the Issues
and Decision Memorandum.
Final Results of Administrative Review
asabaliauskas on DSK5VPTVN1PROD with NOTICES
In accordance with section 777A(e)(1)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.221(b)(5), we
calculated individual ad valorem
subsidy rates for Jindal and SRF, for the
POR for this administrative review.
Assessment and Cash Deposit
Requirements
In accordance with 19 CFR
351.212(b)(2), the Department intends to
issue appropriate instructions to U.S.
Customs and Border Protection (CBP) 15
days after publication of the final results
of this review. The Department will
instruct CBP to liquidate shipments of
subject merchandise produced and/or
exported by Jindal and SRF,
respectively, entered or withdrawn from
warehouse, for consumption from
January 1, 2012, through December 31,
2012, at 7.66 percent ad valorem and at
2.03 percent ad valorem, respectively, of
the entered value.
The Department intends also to
instruct CBP to collect cash deposits of
estimated countervailing duties at the
rate of 7.66 percent ad valorem for
Jindal and of 2.03 4 percent ad valorem
for SRF of the entered value on
shipments of the subject merchandise
produced and exported by SRF, entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. We intend to instruct CBP to
continue to collect cash deposits for
non-reviewed companies at the
applicable company-specific
countervailing duty rate for the most
recent period or the all-others rate
established in the investigation. These
cash deposit rates, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
Subsidy
information disclosed under APO in
Manufacturer/exporter
rate
accordance with 19 CFR 351.305(a)(3),
(percent)
which continues to govern business
Jindal Poly Films Limited ............
7.66 proprietary information in this segment
SRF Limited ................................
2.03 of proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
Countervailing Duty Operations, to Paul Piquado,
protective order is hereby requested.
Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for Failure to comply with the regulations
the Final Results of Countervailing Duty
and terms of an APO is a violation
Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip (PET film) from India; 2012,’’ which is subject to sanction.
dated concurrently with this notice and herein
These final results are issued and
incorporated by reference (Issues and Decision
published in accordance with sections
Memorandum).
3 On November 24, 2014, Enforcement and
751(a)(1) and 777(i)(1) of the Act.
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to ACCESS. The
Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
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16:55 Feb 27, 2015
Jkt 235001
4 These rates reflect the cash-deposit rates
adjusted for the termination of the pre- and postshipment export financing program in foreign
currency. See 19 CFR 351.526(a).
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Fmt 4703
Sfmt 4703
Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Issues and Decision Memorandum
I. Summary
II. Background
Scope of the Order
III. Subsidies Valuation Information
A. Allocation Period
B. Benchmarks Interest Rates
C. Denominator
IV. Analysis of Programs
1. Programs Determined To Be
Countervailable
2. Program Determined To Be Terminated
3. Programs Determined To Be Not Used
V. Analysis of Comments
Comment 1: Whether There Has Been A
Program-Wide Change for Pre-Shipment
Export Financing in Foreign Currency
and Adjustment of the Cash Deposit
Rate.
Comment 2: Whether The Department
Wrongly Countervailed Export
Promotion Capital Goods Scheme
(EPCGS) Benefits That Apply To NonSubject Merchandise.
Comment 3: Whether the Department Used
The Wrong Numerator To Calculate The
POR Benefit For The Status Holder
Incentive Scheme (SHIS).
Comment 4: Whether The Department
Made An Error In Calculating The POR
Benefit for the SHIS.
Comment 5: Whether The Value Added
Tax (VAT) And Central Sales Tax (CST)
Refunds Under The Industrial Promotion
Subsidy (IPS) Of The State Government
Of Maharashtra’s (SGOM) Package
Scheme Of Incentives (PSI) Is
Countervailable.
[FR Doc. 2015–04274 Filed 2–27–15; 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 (March 1, 2015).
AGENCY:
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
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.
FOR FURTHER INFORMATION CONTACT:
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–337–804 .............
731–TA–776 ..........
Chile .......................
A–533–813 .............
731–TA–778 ..........
India .......................
A–560–802 .............
731–TA–779 ..........
Indonesia ...............
A–475–059 .............
AA1921–167 ..........
Italy ........................
A–570–851 .............
731–TA–777 ..........
PRC .......................
A–570–891 .............
731–TA–1059 ........
PRC .......................
Certain Preserved Mushrooms (3rd
Review).
Certain Preserved Mushrooms (3rd
Review).
Certain Preserved Mushrooms (3rd
Review).
Pressure Sensitive Plastic Tape (4th
Review).
Certain Preserved Mushrooms (3rd
Review).
Hand Trucks (2nd Review) ................
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.2 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, 2013.3 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.
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
1 See also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
2 See section 782(b) of the Act.
3 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)).
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
(‘‘ACCESS’’), can be found at 19 CFR
351.303.1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Revised Factual Information
Requirements
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11165
Department contact
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.
Jacqueline Arrowsmith (202) 482–
4136.
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
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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
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.
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
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16:55 Feb 27, 2015
Jkt 235001
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.4
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: February 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–04300 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
AGENCY:
4 See
PO 00000
19 CFR 351.218(d)(1)(iii).
Frm 00013
Fmt 4703
Sfmt 4703
countervailing duty orders and findings
with January anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective March 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with January
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 30 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://access.trade.gov
in accordance with 19 CFR 351.303.1
Such submissions are subject to
verification in accordance with section
782(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
the Department’s service list.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR. We intend to
release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within seven days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of this
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11164-11166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04300]
-----------------------------------------------------------------------
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 (March 1, 2015).
[[Page 11165]]
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-337-804........................... 731-TA-776............ Chile................. Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136.
A-533-813........................... 731-TA-778............ India................. Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136.
A-560-802........................... 731-TA-779............ Indonesia............. Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136.
A-475-059........................... AA1921-167............ Italy................. Pressure Sensitive Plastic Tape (4th Review)........ David Goldberger (202) 482-4136.
A-570-851........................... 731-TA-777............ PRC................... Certain Preserved Mushrooms (3rd Review)............ David Goldberger (202) 482-4136.
A-570-891........................... 731-TA-1059........... PRC................... Hand Trucks (2nd Review)............................ Jacqueline Arrowsmith (202) 482-4136.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 (``ACCESS''), can be found at 19 CFR
351.303.\1\
---------------------------------------------------------------------------
\1\ 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.\2\ 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.\3\ 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.
---------------------------------------------------------------------------
\2\ See section 782(b) of the Act.
\3\ 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
[[Page 11166]]
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 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.\4\
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\4\ 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: February 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015-04300 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P