Initiation of Five-Year (Sunset) Reviews, 54423-54424 [2021-21539]
Download as PDF
<![CDATA[
54423
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
Dated: September 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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) and suspended
investigation(s) listed below. The
International Trade Commission (the
ITC) is publishing concurrently with
this notice its notice of Institution of
Five-Year Reviews which covers the
same order(s) and suspended
investigation(s).
SUMMARY:
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation
DATES:
[FR Doc. 2021–21443 Filed 9–30–21; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DOC case No.
A–533–867
A–570–898
A–469–814
C–533–868
.........
.........
.........
.........
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 ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
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 the Sunset Reviews of the
following antidumping and
countervailing duty order(s) and
suspended investigation(s):
ITC case No.
Country
Product
731–TA–1298
731–TA–1082
731–TA–1083
701–TA–548
India ...................
China .................
Spain ..................
India ...................
Welded Stainless Pressure Pipe (1st Review) ....
Chlorinated Isocyanurates (3rd Review) ..............
Chlorinated Isocyanurates (3rd Review) ..............
Welded Stainless Pressure Pipe (1st Review) ....
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’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.
In accordance with section 782(b) of
the Act, any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.
Parties must use the certification
formats provided in 19 CFR 351.303(g).
Commerce intends to reject factual
VerDate Sep<11>2014
Applicable October 1, 2021.
SUPPLEMENTARY INFORMATION:
18:04 Sep 30, 2021
Jkt 256001
submissions if the submitting party does
not comply with applicable revised
certification requirements.
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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Commerce contact
Mary Kolberg (202) 482–1785.
Jacky Arrowsmith (202) 482–5255.
Jacky Arrowsmith (202) 482–5255.
Mary Kolberg (202) 482–1785.
19 CFR 351.304–306. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.1
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
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
E:\FR\FM\01OCN1.SGM
01OCN1
54424
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
will automatically revoke the order
without further review.2
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 Commerce’s
information requirements are distinct
from the ITC ’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: September 16, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–21539 Filed 9–30–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–820]
Agreement Suspending the
Antidumping Duty Investigation on
Fresh Tomatoes From Mexico;
Preliminary Results of 2019–2020
Administrative Review
Enforcement & Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the respondents selected for
individual examination, Bioparques De
Occidente, S.A. de C.V. and its affiliates
(Bioparques), Del Campo Y Asociados
SA de CV and its affiliates (Del Campo),
and Productora Agricola Industrial del
Noroeste, SA de CV (Productora
Agricola) and its affiliates (collectively
Grupo Pinos), are in compliance with
the Agreement Suspending the
Antidumping Duty Investigation on
AGENCY:
2 See
19 CFR 351.218(d)(1)(iii).
VerDate Sep<11>2014
18:04 Sep 30, 2021
Jkt 256001
Fresh Tomatoes from Mexico (2019
Agreement), for the period September
19, 2019, through August 31, 2020, and
that the 2019 Agreement is meeting the
statutory requirements under the Tariff
Act of 1930, as amended (the Act).
DATES: Applicable October 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–0162 or
(202) 482–0408, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 19, 2019, Commerce
signed an agreement 1 under section
734(c) of the Tariff Act of 1930, as
amended (the Act), with representatives
of Mexican fresh tomato producers/
exporters 2 accounting for substantially
all imports of fresh tomatoes from
Mexico, suspending the antidumping
duty (AD) investigation on fresh
tomatoes from Mexico.3
On September 25, 2020, the Florida
Tomato Exchange (FTE),4 a member of
the U.S. petitioning industry, filed a
request for an administrative review of
the 2019 Agreement.5 On September 30,
2020, Bioparques and Negocio Agricola
San Enrique S.A. de C.V. (NASE) also
requested reviews.6
1 See Fresh Tomatoes From Mexico: Suspension
of Antidumping Duty Investigation, 84 FR 49987
(September 24, 2019) (2019 Agreement).
2 The Mexican signatories are predominately
represented by the following associations:
Asociacion Mexicana de Horticultura Protegida,
A.C., Asociacion de Productores de Hortalizas del
Yaqui y Mayo, Confederacion de Asociaciones
Agricolas del Estado de Sinaloa, A.C., Consejo
Agricola de Baja California, A.C., and Sistema
Producto Tomate.
3 Id.
4 The members of the FTE are as follows: Ag-Mart
Produce, Inc. dba Santa Sweets, Inc., Classie
Produce, DiMare Homestead, Inc., DiMare Ruskin,
Inc., Gargiulo, Inc., Kern Carpenter Farms, Lipman
Family Farms, Mecca Family Farms, Inc., Michael
Borek Farms, Pacific Tomato Growers, Ltd., Taylor
& Fulton Packing, LLC, Tomatoes of Ruskin, Inc.,
TomPak, LLC, and West Coast Tomato, LLC.
5 See Letter from FTE, ‘‘Fresh Tomatoes from
Mexico: Request for Administrative Review,’’ dated
September 25, 2020.
6 See Letter from Bioparques and Letter from
NASE, both entitled ‘‘Suspension Agreement on
Fresh Tomatoes from Mexico—Request for
Administrative Review,’’ each dated September 30,
2020. Bioparques and NASE explained they had
requested reviews primarily to review each of the
company’s own sales, and ‘‘the amount of any . . .
dumping margin involved in the {suspension}
agreement.’’ Pursuant to section 751(a)(1)(c) of the
Act, Commerce reviews ‘‘the current status of, and
compliance with, any agreement by reason of which
an investigation was suspended, and review the
amount of any . . . dumping margin involved in
the agreement, in administrative reviews. . . .’’
Because there is no dumping margin involved in
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
The review of the 2019 Agreement
was initiated on October 30, 2020.7
Commerce inadvertently identified the
period of review (POR) as September 1,
2019, through August 31, 2020, but
corrected the POR on January 7, 2021,
to reflect the period from September 19,
2019 to August 31, 2020.8 On January 7,
2021, Commerce selected mandatory
respondents and issued its
questionnaire to the three largest
respondents, listed here in alphabetical
order: Bioparques, Del Campo, and
Productora Agricola.9
Scope of the 2019 Agreement
Merchandise covered by the 2019
Agreement is typically imported under
the following heading of the HTSUS:
Tomatoes imported from Mexico
covered by this Agreement are classified
under the following subheading of the
Harmonized Tariff Schedules of the
United States (HTSUS), according to the
season of importation: 0702. The tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of this 2019 Agreement is
dispositive.10
Methodology and Preliminary Results
Commerce has conducted this review
in accordance with section 751(a)(1)(C)
of the Act, which specifies that
Commerce shall ‘‘review the current
status of, and compliance with, any
agreement by reason of which an
the 2019 Agreement, in conducting this
administrative review, we are not calculating new
margins for the companies under review, as we
would in an administrative review of an order.
Rather, in addition to examining compliance with
the terms of the agreement, generally, we are
examining whether for the sales during the period
of review the respondents complied with the price
undertakings specified in section VI of the 2019
Agreement, i.e., not making sales below the
Reference Prices established in Appendix A and
eliminating the required percentage of dumping
from the original investigation, i.e., 85 percent.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68841 (October 30, 2020).
8 See Memorandum, ‘‘2019–2020 Administrative
Review of the 2019 Agreement Suspending the
Antidumping Duty Investigation on Fresh Tomatoes
from Mexico: Respondent Selection and Corrected
Period of Review’’ (January 7, 2021). See also
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4,
2021) at footnote 10. As the 2019 Agreement was
signed on September 19, 2019, this date is the
beginning of the POR.
9 Id. See also questionnaires issued individually
to Bioparques, Del Campo and Productora Agricola,
each dated January 7, 2021.
10 For a complete description of the Scope of the
2019 Agreement, see Memorandum, ‘‘Decision
Memorandum for the Preliminary Results of the
2019–2020 Administrative Review of the
Agreement Suspending the Antidumping Duty
Investigation on Fresh Tomatoes from Mexico,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54423-54424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21539]
-----------------------------------------------------------------------
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) and suspended investigation(s)
listed below. The International Trade Commission (the ITC) is
publishing concurrently with this notice its notice of Institution of
Five-Year Reviews which covers the same order(s) and suspended
investigation(s).
DATES: Applicable October 1, 2021.
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 ITC, 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 the Sunset Reviews of the following antidumping and
countervailing duty order(s) and suspended investigation(s):
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOC case No. ITC case No. Country Product Commerce contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-533-867.................... 731-TA-1298 India........................ Welded Stainless Mary Kolberg (202) 482-1785.
Pressure Pipe (1st
Review).
A-570-898.................... 731-TA-1082 China........................ Chlorinated Jacky Arrowsmith (202) 482-5255.
Isocyanurates (3rd
Review).
A-469-814.................... 731-TA-1083 Spain........................ Chlorinated Jacky Arrowsmith (202) 482-5255.
Isocyanurates (3rd
Review).
C-533-868.................... 701-TA-548 India........................ Welded Stainless Mary Kolberg (202) 482-1785.
Pressure Pipe (1st
Review).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Filing Information
As a courtesy, we are making information related to sunset
proceedings, including copies of the pertinent statute and Commerce'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.
In accordance with section 782(b) of the Act, any party submitting
factual information in an AD/CVD proceeding must certify to the
accuracy and completeness of that information. Parties must use the
certification formats provided in 19 CFR 351.303(g). Commerce intends
to reject factual submissions if the submitting party does not comply
with applicable revised certification requirements.
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.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\1\
---------------------------------------------------------------------------
\1\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
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
[[Page 54424]]
will automatically revoke the order without further review.\2\
---------------------------------------------------------------------------
\2\ 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 Commerce's information requirements are distinct from
the ITC '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: September 16, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-21539 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-DS-P
