Initiation of Five-Year (“Sunset”) Review

Federal RegisterMay 3, 2010

Ask Donna

What actually matters in this document.

Text

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 a five-year review (“Sunset Review”) of the antidumping and countervailing duty 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:

May 3, 2010.

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 & Constitution Ave., 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).

Initiation of Review

In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping and countervailing duty orders:

DOC case No.

ITC case No.

Country

Product

Department contact

A-570-898

731-TA-1082

PRC

Chlorinated Isocyanurates

Jennifer Moats, (202) 482-5047.

A-469-814

731-TA-1083

Spain

Chlorinated Isocyanurates

Jennifer Moats, (202) 482-5047.

A-570-101

731-TA-101

PRC

Greige Polyester Cotton Printcloth (3nd Review)

Jennifer Moats, (202) 482-5047.

A-570-001

731-TA-125

PRC

Potassium Permanganate (3rd Review)

Jennifer Moats, (202) 482-5047.

A-351-503

731-TA-262

Brazil

Iron Construction Castings (3rd Review)

Dana Mermelstein, (202) 482-1391.

A-122-503

731-TA-263

Canada

Iron Construction Castings (3rd Review)

Dana Mermelstein, (202) 482-1391.

A-570-502

731-TA-265

PRC

Iron Construction Castings (3rd Review)

Dana Mermelstein, (202) 482-1391.

C-351-504

701-TA-249

Brazil

Heavy Iron Construction Castings (3rd Review)

Brandon Farlander, (202) 482-0182.

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 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, service, and certification of documents. These rules can be found at 19 CFR 351.303.

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.

See

19 CFR 351.218(d)(1)(i). 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).

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 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.

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.

This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218 (c).

Dated: April 19, 2010.

John M. Andersen,

Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

[FR Doc. 2010-10258 Filed 4-30-10; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.