Initiation of Five-Year (Sunset) Reviews, 9279-9280 [2018-04395]
Download as PDF
Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / 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 (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
SUMMARY:
of Five-Year Reviews which covers the
same order(s).
DATES: Applicable March 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 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).
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
A–570–983 ...................
731–TA–1201
China .........................
C–570–984 ...................
731–TA–489
China .........................
Drawn Stainless Steel Sinks (1st Review).
Drawn Stainless Steel Sinks (1st Review).
Filing Information
sradovich on DSK3GMQ082PROD with NOTICES
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
351.303.1
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.2
Parties must use the certification
formats provided in 19 CFR 351.303(g).3
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 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
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).4 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.5
1 See
VerDate Sep<11>2014
19:25 Mar 02, 2018
Jkt 244001
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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 00021
Fmt 4703
Sfmt 4703
9279
Department contact
James Terpstra (202) 482–3965.
James Terpstra (202) 482–3965.
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
E:\FR\FM\05MRN1.SGM
05MRN1
9280
Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices
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.6
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: February 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–04395 Filed 3–2–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
sradovich on DSK3GMQ082PROD with NOTICES
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Notice of Covered Merchandise
Referral
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and
Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce)
AGENCY:
6 See
19 CFR 351.218(d)(1)(iii).
VerDate Sep<11>2014
19:25 Mar 02, 2018
Jkt 244001
received a covered merchandise referral
from U.S. Customs and Border
Protection (CBP) in connection with a
CBP Enforce and Protect Act (EAPA)
investigation concerning the
antidumping duty (AD) order on
diamond sawblades and parts thereof
(diamond sawblades) from the People’s
Republic of China (China). In
accordance with EAPA, Commerce
intends to determine whether the
merchandise subject to the referral is
covered by the scope of the order and
promptly transmit its determination to
CBP. Commerce is providing notice of
the referral and inviting participation
from interested parties.
DATES:
Applicable March 5, 2018.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun at (202) 482–5760 or
Minoo Hatten at (202) 482–1690, AD/
CVD Operations Office I, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade
Facilitation and Trade Enforcement Act
of 2015 was signed into law, which
contains Title IV—Prevention of
Evasion of Antidumping and
Countervailing Duty Orders (short title
‘‘Enforce and Protect Act of 2015’’ or
‘‘EAPA’’) (Pub. L. 114–125, 130 Stat.
122, 155, Feb. 24, 2016). Effective
August 22, 2016, section 421 of the
EAPA added section 517 to the Tariff
Act of 1930, as amended (the Act),
which establishes a formal process for
CBP to investigate allegations of the
evasion of antidumping and
countervailing duty (AD/CVD) orders.
Section 517(b)(4)(A) of the Act provides
a procedure whereby if, during the
course of an EAPA investigation, CBP is
unable to determine whether the
merchandise at issue is covered
merchandise within the meaning of
section 517(a)(3) of the Act, it shall refer
the matter to Commerce to make such a
determination. Section 517(a)(3) of the
Act defines covered merchandise as
merchandise that is subject to an
antidumping duty order issued under
section 736 of the Act or a
countervailing duty order issued under
section 706 of the Act. Section
517(b)(4)(B) of the Act states that
Commerce, after receiving a covered
merchandise referral from CBP, shall
determine whether the merchandise is
covered merchandise and promptly
transmit its determination to CBP. The
Act does not establish a deadline within
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
which Commerce must issue its
determination.
On November 21, 2017, Commerce
received a covered merchandise referral
from CBP regarding CBP EAPA
Investigation No. 7184 1 which concerns
the AD order on diamond sawblades
from China.2 Specifically, based on an
allegation by Diamond Sawblades
Manufacturers Coalition (DSMC), CBP
has requested that Commerce issue a
determination as to whether diamond
sawblades, imported by Diamond Tools
Technology LLC (‘‘DTT USA’’), that are
laser welded in Thailand by Diamond
Tools Technology (Thailand), Ltd.
(‘‘DTT Thailand’’) from: (1) Cores from
Thailand and segments from China, (2)
segments and cores that are both
produced in China, and/or (3) cores
from China and segments from
Thailand, are merchandise subject to the
AD order on diamond sawblades from
China.
Notification to Interested Parties
Commerce is hereby notifying
interested parties that it has received the
covered merchandise referral referenced
above, will begin a new segment of the
proceeding, and intends to issue a
determination regarding whether the
merchandise subject to the referral is
covered merchandise within the
meaning of section 517(a)(3) of the Act.
Additionally, Commerce intends to
provide interested parties with the
opportunity to participate in this
segment of the proceeding, including
through the submission of comments,
and, if appropriate, new factual
information and verification.
Specifically, Commerce will notify
parties on the segment-specific service
list for this segment of the proceeding of
a schedule for comments. In addition,
Commerce may request factual
information from any person to assist in
making its determination and may
verify submissions of factual
information, if Commerce determines
that such verification is appropriate.
Commerce intends to issue a final
determination within 120 days of the
publication of this notice (this deadline
1 See Letter from CBP, ‘‘Scope Referral Request
for merchandise under EAPA Investigation 7184,
imported by Diamond Tools Technology LLC and
concerning the investigation of evasion of the
antidumping duty order on diamond sawblades
from the People’s Republic of China (A–570–900),’’
dated November 21, 2017. Commerce intends to
make available this document and any supporting
documents on Enforcement and Compliance’s
Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS)
within five days of publication of this notice.
2 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China and the Republic of
Korea: Antidumping Duty Orders, 74 FR 57145
(November 4, 2009).
E:\FR\FM\05MRN1.SGM
05MRN1
Agencies
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9279-9280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04395]
[[Page 9279]]
-----------------------------------------------------------------------
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 March 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):
----------------------------------------------------------------------------------------------------------------
Department
DOC Case No. ITC Case No. Country Product contact
----------------------------------------------------------------------------------------------------------------
A-570-983.................... 731-TA-1201 China..................... Drawn Stainless James Terpstra
Steel Sinks (202) 482-
(1st Review). 3965.
C-570-984.................... 731-TA-489 China..................... Drawn Stainless James Terpstra
Steel Sinks (202) 482-
(1st Review). 3965.
----------------------------------------------------------------------------------------------------------------
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.\1\
---------------------------------------------------------------------------
\1\ 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.\2\
Parties must use the certification formats provided in 19 CFR
351.303(g).\3\ Commerce intends to reject factual submissions if the
submitting party does not comply with applicable revised certification
requirements.
---------------------------------------------------------------------------
\2\ See section 782(b) of the Act.
\3\ 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).\4\ 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.\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), 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
[[Page 9280]]
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.\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, 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: February 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-04395 Filed 3-2-18; 8:45 am]
BILLING CODE 3510-DS-P