Initiation of Five Year (Sunset) Review of Antidumping Duty Orders

DEPARTMENT OF COMMERCE

International Trade Administration

Initiation of Five Year (Sunset) Review of Antidumping Duty

Orders

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation of five-year (``sunset'') review of

antidumping duty orders.

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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 (``sunset'')

reviews of the antidumping duty orders listed below. The International

Trade Commission (``the Commission'') is publishing concurrently with

this notice its notice of Institution of Five-Year Review covering

these same antidumping duty orders.

FOR FURTHER INFORMATION CONTACT: James P. Maeder or Martha V. Douthit,

Office of Policy, Import Administration, International Trade

Administration, U.S. Department of Commerce, at (202) 482-3330 or (202)

482-5050, respectively, or Mary Messer, Office of Investigations, U.S.

International Trade Commission, at (202) 205-3193.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the ``Act''), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Act by the Uruguay Round Agreements Act (``URAA''). In addition,

unless otherwise indicated, all citations to the Department regulations

are to 19 CFR Part 351 (2002). Pursuant to sections 751(c) and 752 of

the Act, an antidumping (``AD'') or countervailing duty (``CVD'') order

will be revoked, or the suspended investigation will be terminated,

unless revocation or termination would be likely to lead to

continuation or recurrence of (1) dumping or a countervailable subsidy,

and (2) material injury to the domestic industry.

The Department's procedures for the conduct of sunset reviews are

set forth in 19 CFR 351.218. 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) (``Sunset Policy Bulletin'').

Background

Initiation of Reviews

In accordance with 19 CFR 351.218 of the Department's regulations

we are initiating sunset reviews of the following antidumping duty

orders:

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DOC Case No. ITC Case No. Country Product

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A-570-850.......................... 731-TA-757............ China................. Collated Roofing Nails.

A-583-826.......................... 731-TA-759............ Taiwan................ Collated Roofing Nails.

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[[Page 61578]]

Filing Information

As a courtesy, we are making information related to sunset

proceedings, including copies of the Sunset Regulations (19 CFR

351.218) and Sunset Policy Bulletin, the Department's schedule of

sunset reviews, case history information (i.e., previous margins, duty

absorption determinations, scope language, import volumes), and service

lists, available to the public on the Department's sunset 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,

service, and certification of documents. These rules can be found at 19

CFR 351.303. Also, we suggest that parties check the Department's

sunset website for any updates to the service list before filing any

submissions. The Department will make additions to and/or deletions

from the service list provided on the sunset website based on

notifications from parties and participation in these reviews.

Specifically, the Department will delete from the service list all

parties that do not submit a substantive response to the notice of

initiation.

Because deadlines in a sunset review are, in many instances, 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 the notice of

initiation of the sunset review. 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 19 CFR 351.102) wishing to

participate in these sunset reviews must respond not later than 15 days

after the date of publication in the Federal Register of the 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 orders without further review.

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 the sunset review must file

substantive responses not later than 30 days after the date of

publication in the Federal Register of the 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 interested

parties. Also, note that the Department's information requirements are

distinct from the International Trade 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\ A number of parties commented that these interim-final

regulations provided insufficient time for rebuttals to substantive

responses to a notice of initiation, 19 CFR 351.218(d)(4). As

provided in 19 CFR 351.302(b), the Department will consider

individual requests for extension of 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) of the Department's

regulations.

Dated: September 25, 2002.

Faryar Shirzad,

Assistant Secretary for Import Administration.

[FR Doc. 02-24929 Filed 9-30-02; 8:45 am]

BILLING CODE 3510-DS-P