Initiation of Five-Year (Sunset) Reviews, 46221-46222 [2017-21340]

Download as PDF Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 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 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 SUMMARY: DOC Case No. sradovich on DSK3GMQ082PROD with NOTICES A–570–828 ............... A–823–805 ............... ITC Case No. 731–TA–672 731–TA–673 20:18 Oct 03, 2017 Jkt 244001 Initiation of Review In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s): Product PRC .......................... Ukraine ..................... Silicomanganese (4th Review) .................... Silicomanganese (4th Review) .................... 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 VerDate Sep<11>2014 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). Country 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 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 1 See of Institution of Five-Year Reviews which covers the same order(s). DATES: Applicable October 1, 2017. 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, 1401 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: 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 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 17, 2013) (Final Rule) (amending 19 CFR 351.303(g)). 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 46221 Department contact Robert James (202) 482–0649. Robert James (202) 482–0649. 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 E:\FR\FM\04OCN1.SGM 04OCN1 46222 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 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: September 28, 2017. James Maeder, Senior Director, perfoming the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–21340 Filed 10–3–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Initiation and Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod From Mexico Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is simultaneously initiating and issuing the preliminary results of a changed circumstances sradovich on DSK3GMQ082PROD with NOTICES AGENCY: 6 See 19 CFR 351.218(d)(1)(iii). VerDate Sep<11>2014 20:18 Oct 03, 2017 Jkt 244001 review (CCR) of the antidumping duty order on carbon and certain alloy steel wire rod (wire rod) from Mexico to determine whether ArcelorMittal Mexico, S.A. de C.V. (AMM) is the successor-in-interest to ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). Based on the information on the record, we preliminarily determine that AMM is the successor-in-interest to AMLT. Interested parties are invited to comment on these preliminary results. DATES: Applicable October 4, 2017. FOR FURTHER INFORMATION CONTACT: Keith Haynes, 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. SUPPLEMENTARY INFORMATION: Background On October 29, 2002, the Department published in the Federal Register the antidumping duty order on wire rod from Mexico.1 On May 19, 2016, the Department published its final results of the 2013–2014 administrative review of the Order, in which it assigned AMLT a 2.59 percent dumping margin.2 On August 15, 2017, AMM, a foreign producer of the subject merchandise, requested that the Department initiate and conduct a changed circumstance review to determine that AMM is the successor-in-interest to AMLT for the purposes of the Order.3 On September 12, 2017, AMM filed a letter stating it conferred with counsel for interested parties to this proceeding, specifically, counsel for Nucor Corporation, counsel for Gerdau Ameristeel USA, Charter Steel, and Keystone Steel, and counsel for Deacero S.A.P.I. de C.V. and Deacero USA (a group which included domestic interested parties/petitioners to the Order), at which time they stated they would not oppose the August 15, 2017, request.4 AMM further requested that the Department initiate and conduct an expedited changed circumstances review.5 Scope of the Order The merchandise covered by the Order is carbon and certain alloy steel wire rod. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091, 7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590, 7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051, 7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080, and 7227.90.6085 of the HTSUS. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.6 Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and the Department’s regulations (19 CFR 351.216 and 351.221(c)(3)), the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an order which shows changed circumstances sufficient to warrant a review of the order. Generally, in the past, the Department has used CCRs to address the applicability of cash deposit rates after there have been changes in the name or structure of a respondent, such as a merger or spinoff (i.e., successor-in-interest, or successorship determinations).7 5 Id. 1 See Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) (Order). 2 See Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review, 81 FR 31592 (May 19, 2016). 3 See letter from AMM, ‘‘Carbon and Certain Alloy Steel Wire Rod from Mexico: Request for Changed Circumstances Review,’’ dated August 15, 2017 (CCR Request). 4 See letter from AMM, ‘‘Carbon and Certain Alloy Steel Wire Rod from Mexico: Supplement to Request for Changed Circumstances Review,’’ dated September 12, 2017 (CCR Supplement). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 6 For a complete description of the scope of the order, see Memorandum from James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Carole Showers, Executive Director, Office of Policy, performing the duties of the Deputy Assistant Secretary for Enforcement and Compliance, ‘‘Carbon and Certain Alloy Steel Wire Rod from Mexico Preliminary Decision Memorandum of Changed Circumstances Review,’’ dated concurrently with, and hereby adopted by, these preliminary results (Preliminary Decision Memorandum). 7 See, e.g., Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Results of Changed Circumstances Review, 81 FR 91909 E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46221-46222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21340]



[[Page 46221]]

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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 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 
Reviews which covers the same order(s).

DATES: Applicable October 1, 2017.

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, 1401 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 section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating Sunset Reviews of the following antidumping and 
countervailing duty order(s):

--------------------------------------------------------------------------------------------------------------------------------------------------------
            DOC Case No.              ITC Case No.           Country                   Product                          Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-828..........................      731-TA-672  PRC...................  Silicomanganese (4th         Robert James (202) 482-0649.
                                                                              Review).
A-823-805..........................      731-TA-673  Ukraine...............  Silicomanganese (4th         Robert James (202) 482-0649.
                                                                              Review).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

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

[[Page 46222]]

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: September 28, 2017.
James Maeder,
Senior Director, perfoming the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-21340 Filed 10-3-17; 8:45 am]
BILLING CODE 3510-DS-P