Initiation of Five-Year (“Sunset”) Reviews, 86697-86699 [2016-28994]

Download as PDF Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices the last day of December 2016. If the Department does not receive, by the last day of December 2016, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: November 28, 2016. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–28857 Filed 11–30–16; 8:45 am] jstallworth on DSK7TPTVN1PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 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 reviews (‘‘Sunset Reviews’’) of the antidumping and countervailing duty (‘‘AD/CVD’’) order(s) listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order(s). SUMMARY: DATES: Effective Date: December 1, 2016. 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 FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 86697 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 order(s): E:\FR\FM\01DEN1.SGM 01DEN1 86698 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices 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 (‘‘ACCESS’’), can be found at 19 CFR 351.303.1 1 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 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 these segments.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 modified two regulations related to AD/ CVD proceedings: The definition of factual information (19 CFR 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)). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).4 Parties are advised to review the final rule, available at http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these segments. 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. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http:// enforcement.trade.gov/frn/2013/1309 frn/2013-22853.txt, prior to submitting factual information in these segments.5 4 See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). 5 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). E:\FR\FM\01DEN1.SGM 01DEN1 EN01DE16.001</GPH> jstallworth on DSK7TPTVN1PROD with NOTICES Filing Information Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / 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 351.304–351.306. jstallworth on DSK7TPTVN1PROD with NOTICES 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 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 6 See 19 CFR 351.218(d)(1)(iii). VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 86699 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). Preliminary Determination. On October 19, 2016, the Department received timely filed allegations of ministerial errors in the Preliminary Determination.2 On October 20, and October 24, 2016, the Department received timely filed reply comments.3 Dated: November 28, 2016. Erin Begnal, Director, Office III, Antidumping and Countervailing Duty Operations. The product subject to this investigation is 1,1,1,2Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2–tetrafluoroethane is CF3-CH2F, and the Chemical Abstracts Service (‘‘CAS’’) registry number is CAS 811–97–2.4 Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2016–28994 Filed 11–30–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–044] 1,1,1,2-Tetrafluoroethane (R-134a) From the People’s Republic of China; Amended Preliminary Affirmative Determination of Sales at Less-ThanFair Value Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is amending the preliminary determination of the lessthan-fair-value (‘‘LTFV’’) investigation of 1,1,1,2-Tetrafluoroethane (‘‘R-134a’’) from the People’s Republic of China (‘‘PRC’’) to correct significant ministerial errors with respect to our preliminary determination. DATES: Effective December 1, 2016. FOR FURTHER INFORMATION CONTACT: Keith Haynes or Paul Stolz, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5139 or, (202) 482–4474, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On October 7, 2016, the Department published its Preliminary Determination.1 On October 14, 2016, the Department disclosed to interested parties its calculations for the 1 See 1,1,1,2-Tetrafluoroethane (R-134a) From the People’s Republic of China: Preliminary Determination of Sales at Less-Than-Fair Value and Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 81 FR 69786 (October 7, 2016) (‘‘Preliminary Determination’’). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Period of Investigation The period of investigation is July 1, 2015, through December 31, 2015. Scope of the Investigation Analysis of Significant Ministerial Error Allegation The Department will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination according to 19 CFR 351.224(e). A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ 5 A significant ministerial error is defined as an error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five 2 See the ministerial error allegations from Petitioners and Sanmei Chemical Industry Co., Ltd. (‘‘Sanmei’’), dated October 19, 2016. 3 See the reply comments from Petitioners and Sanmei, dated October 20, 2016, and October 24, 2016, respectively. However, pursuant to 19 CFR 351.224(c)(3), the Department has not considered the rebuttal comments in its analysis. 4 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); FreonTM 134a, Suva 134a, Dymel 134a, and Dymel P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159. 5 See Section 735(e) of the Tariff Act of 1930, as amended (the ‘‘Act’’). E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86697-86699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28994]


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DEPARTMENT OF COMMERCE

International Trade Administration


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

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 reviews 
(``Sunset Reviews'') of the antidumping and countervailing duty (``AD/
CVD'') order(s) listed below. The International Trade Commission (``the 
Commission'') is publishing concurrently with this notice its notice of 
Institution of Five-Year Review which covers the same order(s).

DATES: Effective Date: December 1, 2016.

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 order(s):

[[Page 86698]]

[GRAPHIC] [TIFF OMITTED] TN01DE16.001

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 (``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).
---------------------------------------------------------------------------

    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 these segments.\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 modified two regulations related 
to AD/CVD 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).\4\ Parties are advised to review the 
final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in 
these segments. 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. Parties are 
also advised to review the final rule concerning the extension of time 
limits for submissions in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to 
submitting factual information in these segments.\5\
---------------------------------------------------------------------------

    \4\ See Definition of Factual Information and Time Limits for 
Submission of Factual Information: Final Rule, 78 FR 21246 (April 
10, 2013).
    \5\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).

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[[Page 86699]]

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-
351.306.

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\
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    \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: November 28, 2016.
Erin Begnal,
Director, Office III, Antidumping and Countervailing Duty Operations.
[FR Doc. 2016-28994 Filed 11-30-16; 8:45 am]
 BILLING CODE 3510-DS-P