Initiation of Five-Year (Sunset) Reviews, 4641-4642 [2018-02005]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
it made to locate the producer or
exporter at the same time it files its
request for review, in order for the
Secretary to determine if the interested
party’s attempts were reasonable,
pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), Commerce clarified
its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.2
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.3 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.4 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
2 See also the Enforcement and Compliance
website at https://trade.gov/enforcement/.
3 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
VerDate Sep<11>2014
19:34 Jan 31, 2018
Jkt 244001
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.5
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of
February 2018. If Commerce does not
receive, by the last day of February
2018, a request for review of entries
covered by an order, finding, or
suspended investigation listed in this
notice and for the period identified
above, Commerce will instruct CBP to
assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of 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.
4641
In accordance with the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce) 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).
SUMMARY:
DATES:
Applicable (February 1, 2018).
FOR FURTHER INFORMATION CONTACT:
Commerce 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
Dated: January 26, 2018.
James Maeder,
Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Commerce’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 Commerce’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).
[FR Doc. 2018–02004 Filed 1–31–18; 8:45 am]
Initiation of Review
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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): 1
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
4 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
1 In addition, we note that in the sunset initiation
notice that published on January 2, 2018 (83 FR
100) the Department inadvertently listed the
incorrect case number for Utility Scale Wind
Towers from Vietnam. The correct case number is
A–552–814.
E:\FR\FM\01FEN1.SGM
01FEN1
4642
Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
DOC Case No.
ITC Case No.
Country
A–570–904 ...............................
731–TA–1103
China .......................................
A–570–866 ...............................
731–TA–921
China .......................................
A–201–820 ...............................
731–TA–747
Mexico .....................................
sradovich on DSK3GMQ082PROD with NOTICES
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerces’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
must be filed in accordance with
Commerce’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
351.303.2
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.3
Parties must use the certification
formats provided in 19 CFR 351.303(g).4
Commerce intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
On April 10, 2013, Commerce
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).5 Parties are advised to
review the final rule, available at https://
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in these
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 also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
5 See Definition of Factual Information and Time
Limits for Submission of Factual Information: Final
Rule, 78 FR 21246 (April 10, 2013).
VerDate Sep<11>2014
19:34 Jan 31, 2018
Jkt 244001
Product
Activated Carbon, (2nd Review).
Folding Gift Boxes, (3rd Review).
Fresh Tomatoes, (4th Review), (Suspension Agreement).
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 https://
enforcement.trade.gov/frn/2013/
1309frn/2013-22853.txt, prior to
submitting factual information in these
segments.6
Letters of Appearance and
Administrative Protective Orders
Pursuant to 19 CFR 351.103(d),
Commerce 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. Commerce’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
6 See Extension of Time Limits, 78 FR 57790
(September 20, 2013).
PO 00000
Frm 00013
Fmt 4703
Sfmt 9990
Department contact
Matthew Renkey, (202)
482–2312.
Robert James, (202) 482–
0649.
Matthew Renkey, (202)
482–2312.
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’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, Commerce
will automatically revoke the order
without further review.7
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’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 Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: January 26, 2018.
James Maeder,
Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2018–02005 Filed 1–31–18; 8:45 am]
BILLING CODE 3510–DS–P
7 See
E:\FR\FM\01FEN1.SGM
19 CFR 351.218(d)(1)(iii).
01FEN1
]]>Agencies
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4641-4642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02005]
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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 (Commerce) 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 (February 1, 2018).
FOR FURTHER INFORMATION CONTACT: Commerce 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
Commerce'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 Commerce'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): \1\
---------------------------------------------------------------------------
\1\ In addition, we note that in the sunset initiation notice
that published on January 2, 2018 (83 FR 100) the Department
inadvertently listed the incorrect case number for Utility Scale
Wind Towers from Vietnam. The correct case number is A-552-814.
[[Page 4642]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOC Case No. ITC Case No. Country Product Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-904............................. 731-TA-1103 China.................... Activated Carbon, (2nd Matthew Renkey, (202) 482-2312.
Review).
A-570-866............................. 731-TA-921 China.................... Folding Gift Boxes, (3rd Robert James, (202) 482-0649.
Review).
A-201-820............................. 731-TA-747 Mexico................... Fresh Tomatoes, (4th Matthew Renkey, (202) 482-2312.
Review), (Suspension
Agreement).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Filing Information
As a courtesy, we are making information related to sunset
proceedings, including copies of the pertinent statute and Commerces's
regulations, Commerce's schedule for Sunset Reviews, a listing of past
revocations and continuations, and current service lists, available to
the public on Commerce's website at the following address: https://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews
must be filed in accordance with Commerce'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.\2\
---------------------------------------------------------------------------
\2\ See also Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information.\3\
Parties must use the certification formats provided in 19 CFR
351.303(g).\4\ Commerce intends to reject factual submissions if the
submitting party does not comply with applicable revised certification
requirements.
---------------------------------------------------------------------------
\3\ See section 782(b) of the Act.
\4\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
On April 10, 2013, Commerce 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).\5\ Parties are advised to review the
final rule, available at https://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 https://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in
these segments.\6\
---------------------------------------------------------------------------
\5\ See Definition of Factual Information and Time Limits for
Submission of Factual Information: Final Rule, 78 FR 21246 (April
10, 2013).
\6\ 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), Commerce 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. Commerce'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 Commerce'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, Commerce will
automatically revoke the order without further review.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------
If we receive an order-specific notice of intent to participate
from a domestic interested party, Commerce'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 Commerce's
regulations for information regarding Commerce's conduct of Sunset
Reviews. Consult Commerce's regulations at 19 CFR part 351 for
definitions of terms and for other general information concerning
antidumping and countervailing duty proceedings at Commerce.
This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218(c).
Dated: January 26, 2018.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-02005 Filed 1-31-18; 8:45 am]
BILLING CODE 3510-DS-P
