Initiation of Five-Year (Sunset) Reviews, 65746-65747 [2022-23744]

Download as PDF 65746 Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Notification to Interested Parties Dated: October 26, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation DATES: [FR Doc. 2022–23749 Filed 10–31–22; 8:45 am] BILLING CODE 3510–DS–P DOC Case No. A–570–977 A–475–828 A–557–809 A–565–801 C–570–978 ... ... ... ... ... ITC Case No. Country 731–TA–1188 731–TA–865 731–TA–866 731–TA–867 701–TA–480 China ............ Italy .............. Malaysia ....... Philippines .... China ............ lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:11 Oct 31, 2022 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). AGENCY: We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Jkt 259001 Applicable November 1, 2022. 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 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). FOR FURTHER INFORMATION CONTACT: Initiation of Review 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 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): Product High Pressure Steel Cylinders Stainless Steel Butt-weld Pipe Stainless Steel Butt-weld Pipe Stainless Steel Butt-weld Pipe High Pressure Steel Cylinders Commerce contact (2nd Review) ............... Fittings (4th Review) ... Fittings (4th Review) ... Fittings (4th Review) ... Pipe (2nd Review) ....... 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Jacky Arrowsmith, (202) 482–5255. Jacky Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482–1785. 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 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices 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.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: October 19, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–23744 Filed 10–31–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–885] lotter on DSK11XQN23PROD with NOTICES1 Phosphor Copper From the Republic of Korea: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department AGENCY: 2 See 19 CFR 351.218(d)(1)(iii). VerDate Sep<11>2014 17:11 Oct 31, 2022 Jkt 259001 of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on phosphor copper from the Republic of Korea (Korea) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable November 1, 2022. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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- 8362. SUPPLEMENTARY INFORMATION: Background On April 24, 2017, Commerce published the AD order on phosphor copper from Korea.1 On March 1, 2022, the ITC instituted,2 and Commerce initiated, the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 As a result of its review, Commerce determined that revocation of the Order would likely lead to continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margin likely to prevail should the Order be revoked.4 On October 25, 2022, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The merchandise covered by the Order is master alloys 6 of copper containing between five percent and 17 1 See Phosphor Copper from the Republic of Korea: Antidumping Duty Order, 82 FR 18893 (April 24, 2017) (Order). 2 See Phosphor Copper from Korea; Institution of a Five-Year Review, 87 FR 11467 (March 1, 2022). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416 (March 1, 2022) (Sunset Initiation). In the Sunset Initiation, Commerce inadvertently listed the wrong case number for Order. Commerce noted the correct case number, A–580–885, in a subsequent sunset initiation notice. See Initiation of Five-Year (Sunset) Reviews, 87 FR 19069 (April 1, 2022). 4 See Phosphor Copper from the Republic of Korea: Final Results of the First Expedited Sunset Review of the Antidumping Duty Order, 87 FR 40502 (July 7, 2022) (Expedited Final Results), and accompanying Issues and Decision Memorandum. 5 See Phosphor Copper from Korea, 87 FR 64522 (October 25, 2022). 6 A ‘‘master alloy’’ is a base metal, such as copper, to which a relatively high percentage of one or two other elements is added. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 65747 percent phosphorus by nominal weight, regardless of form (including but not limited to shot, pellet, waffle, ingot, or nugget), and regardless of size or weight. Subject merchandise consists predominantly of copper (by weight), and may contain other elements, including but not limited to iron (Fe), lead (Pb), or tin (Sn), in small amounts (up to one percent by nominal weight). Phosphor copper is frequently produced to JIS H2501 and ASTM B–644, Alloy 3A standards or higher; however, merchandise covered by the Order includes all phosphor copper, regardless of whether the merchandise meets, fails to meet, or exceeds these standards. Merchandise covered by the Order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7405.00.1000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of the Order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or a recurrence of dumping, as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of the Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of the APO is a sanctionable violation. E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65746-65747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23744]


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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) 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 November 1, 2022.

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-570-977..............     731-TA-1188  China..................  High Pressure Steel     Thomas Martin, (202)
                                                                   Cylinders (2nd          482-3936.
                                                                   Review).
A-475-828..............      731-TA-865  Italy..................  Stainless Steel Butt-   Jacky Arrowsmith,
                                                                   weld Pipe Fittings      (202) 482-5255.
                                                                   (4th Review).
A-557-809..............      731-TA-866  Malaysia...............  Stainless Steel Butt-   Jacky Arrowsmith,
                                                                   weld Pipe Fittings      (202) 482-5255.
                                                                   (4th Review).
A-565-801..............      731-TA-867  Philippines............  Stainless Steel Butt-   Jacky Arrowsmith,
                                                                   weld Pipe Fittings      (202) 482-5255.
                                                                   (4th Review).
C-570-978..............      701-TA-480  China..................  High Pressure Steel     Mary Kolberg, (202)
                                                                   Cylinders Pipe (2nd     482-1785.
                                                                   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),

[[Page 65747]]

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.\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: October 19, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-23744 Filed 10-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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