[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Notices]
[Pages 39256-39258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15708]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (``Sunset'') Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930,
as amended (``the Act''), the Department of Commerce (``the
Department'') is automatically initiating five-year reviews (``Sunset
Reviews'') of the antidumping and countervailing duty (``AD/CVD'')
orders listed below. The International Trade Commission (``the
Commission'') is publishing concurrently with this notice its notice of
Institution of Five-Year Review which covers the same orders.
DATES: Effective Date: July 1, 2013.
FOR FURTHER INFORMATION CONTACT: The Department official identified in
the Initiation of Review section below at AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and 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 the Department's Policy
Bulletin 98.3--Policies Regarding the Conduct of Five-Year (``Sunset'')
Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin,
63 FR 18871 (April 16, 1998), and 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 19 CFR 351.218(c), we are initiating Sunset
Reviews of the following antidumping duty orders:
[[Page 39257]]
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Department
DOC Case No. ITC Case No. Country Product Contact
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A-570-916...................... 731-TA-1122...... China............ Laminated Woven Sacks Jennifer Moats
(1st Review). (202) 482-5047
C-570-917...................... 701-TA-450....... China............ Laminated Woven Sacks Dana Mermelstein
(1st Review). (202) 482-1391
A-570-875...................... 731-TA-990....... China............ Non-Malleable Cast Jennifer Moats
Iron Pipe Fittings (202) 482-5047
(2nd Review).
A-570-925...................... 731-TA-1136...... China............ Sodium Nitrite (1st Jennifer Moats
Review). (202) 482-5047
C-570-926...................... 701-TA-453....... China............ Sodium Nitrite (1st Dana Mermelstein
Review). (202) 482-1391
A-570-909...................... 731-TA-1114...... China............ Steel Nails (1st Jennifer Moats
Review). (202) 482-5047
A-428-841...................... 701-TA-447....... Germany.......... Sodium Nitrite (1st Jennifer Moats
Review). (202) 482-5047
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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 Internet Web site at the
following address: ``http://ia.ita.doc.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
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''), can be found at 19 CFR
351.303. 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. See section 782(b) of the Act.
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all AD/CVD investigations or proceedings initiated
on or after March 14, 2011. See Certification of Factual Information to
Import Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(``Interim Final Rule'') amending 19 CFR 351.303(g)(1) and (2) and
supplemented by Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty Proceedings:
Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). The
formats for the revised certifications are provided at the end of the
Interim 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 published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to antidumping and countervailing duty 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).
The final rule identifies five categories of factual information in 19
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence
submitted in response to questionnaires; (ii) evidence submitted in
support of allegations; (iii) publicly available information to value
factors under 19 CFR 351.408(c) or to measure the adequacy of
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the
record by the Department; and (v) evidence other than factual
information described in (i)-(iv). The final rule requires any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The final rule also
modified 19 CFR 351.301 so that, rather than providing general time
limits, there are specific time limits based on the type of factual
information being submitted. These modifications are effective for all
segments initiated on or after May 10, 2013. Please review the final
rule, available at http://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. 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.
Pursuant to 19 CFR 351.103(d), the Department will maintain and
make available a service list for these proceedings. To facilitate the
timely preparation of the service list(s), it is requested that those
seeking recognition as interested parties to a proceeding contact the
Department in writing within 10 days of the publication of the Notice
of Initiation.
Because deadlines in Sunset Reviews can be very short, we urge
interested parties to apply for access to proprietary information under
administrative protective order (``APO'') immediately following
publication in the Federal Register of this notice of initiation by
filing a notice of intent to participate. 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 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 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. See 19 CFR
351.218(d)(1)(iii).
[[Page 39258]]
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. Please consult the
Department's regulations for information regarding the Department's
conduct of Sunset Reviews.\1\ Please 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.
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\1\ In comments made on the interim final sunset regulations, a
number of parties stated that the proposed five-day period for
rebuttals to substantive responses to a notice of initiation was
insufficient. This requirement was retained in the final sunset
regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR
351.302(b), however, the Department will consider individual
requests to extend that five-day deadline based upon a showing of
good cause.
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This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218 (c).
Dated: June 17, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-15708 Filed 6-28-13; 8:45 am]
BILLING CODE 3510-DS-P