August 1999 Sunset Reviews: Termination of Review, Final Results of Reviews and Revocation and Termination

DEPARTMENT OF COMMERCE

International Trade Administration

August 1999 Sunset Reviews: Termination of Review, Final Results

of Reviews and Revocation and Termination

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of five-year (``Sunset'') review of the

antidumping duty order on kiwifruit from New Zealand (A-614-801); Final

Results of Sunset Reviews: Revocation of Antidumping Duty Order on

Tungsten Ore Concentrates from the People's Republic of China (A-570-

811) and termination of the suspended antidumping duty investigation on

uranium from Krygyzstan (A-835-802).

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SUMMARY: On August 2, 1999, the Department of Commerce (``the

Department'') initiated sunset reviews of the antidumping duty orders

on kiwifruit from New Zealand and tungsten ore concentrates from the

People's Republic of China (``PRC''), and of the suspended antidumping

duty investigation of uranium from Krygyzstan. The Department is

terminating the sunset review of the order on kiwifruit from New

Zealand on the basis that, on September 17, 1999, the Department issued

the final results of a changed circumstances review and revoked this

order. Further, because no domestic party responded to the sunset

review notice of initiation by the applicable deadline, the Department

is revoking the order on tungsten ore concentrates from the PRC and

terminating the suspended investigation on uranium from Krygyzstan.

EFFECTIVE DATE: January 1, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Melissa G.

Skinner, Office of Policy, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-

5050 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Background

The Department issued antidumping duty orders on kiwifruit from New

[[Page 59738]]

Zealand (57 FR 23203 (June 2, 1992)) and tungsten ore concentrates from

the People's Republic of China (56 FR 58681 (November 21, 1991)).

Further, the Department suspended the antidumping duty investigation on

uranium from Krygyzstan (57 FR 49220 (October 30, 1992)). Pursuant to

section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the

Department initiated sunset reviews of these orders and suspended

investigation by publishing notice of the initiation in the Federal

Register (64 FR 41915 (August 2, 1999)). In addition, as a courtesy to

interested parties, the Department sent letters, via certified and

registered mail, to each party listed on the Department's most current

service list for these proceedings to inform them of the automatic

initiation of the sunset reviews on these orders and suspended

investigation.

No domestic interested party in the sunset reviews on these orders

responded to the notice of initiation by the August 17, 1999 deadline

(see section 351.218(d)(1)(i) of Procedures for Conducting Five-year

(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63

FR 13520 (March 20, 1998) (``Sunset Regulations'')).

In the sunset review of the suspended antidumping investigation on

uranium from Kyrgyzstan, we received notices of intent to participate

from domestic interested parties: USEC Inc. and its subsidiary, United

States Enrichment Corporation (collectively ``USEC''), the Paper,

Allied-Industrial, Chemical & Energy Workers International Union, AFL-

CIO (``PACE''), and the Ad Hoc Committee of Domestic Uranium Producers

(the ``Ad Hoc Committee''). However, the Ad Hoc Committee, PACE, and

USEC withdrew their notices of intent to participate on August 17,

August 18, and August 23, 1999, respectively. Further, the Department

did not receive a complete substantive response from any domestic

interested party (in this case no response) by the September 1, 1999,

deadline. (See Sec. 351.218(d)(1)(i)). Therefore, the Department has

determined that no domestic interested party intends to participate in

the sunset review of this suspended investigation.

Determination

Pursuant to section 751(c)(3)(A) of the Act and

Sec. 351.218(d)(1)(iii)(B)(3) of the Sunset Regulations, if no domestic

interested party responds to the notice of initiation, the Department

shall issue a final determination, within 90 days after the initiation

of the review, revoking the order or terminating the suspended

investigation. Because no domestic interested party in the sunset

review of tungsten ore concentrates from the PRC responded to the

notice of initiation by the applicable deadline, August 17, 1999, we

are revoking this antidumping duty order. Additionally, because USEC,

PACE and Ad Hoc Committee of Domestic Uranium withdrew their notices of

intent to participate and no other domestic interested party filed a

substantive response (see Sec. Sec. 351.218(d)(1)(i) and 351.218(d)(3)

of the Sunset Regulations), we are terminating the suspended

antidumping duty investigation on uranium from Kyrgyzstan.

Further, the Department revoked the antidumping duty order on

kiwifruit from New Zealand on September 17, 1999, effective June 1,

1997. Pursuant to the Department's Final Results of Changed

Circumstances Review; Revocation of the Order on Kiwifruit from New

Zealand, the Department has instructed the United States Customs

Service to terminate the liquidation of merchandise subject to the

antidumping duty order on kiwifruit from New Zealand effective June 1,

1997 (see Fresh Kiwifruit From New Zealand: Final Results of Changed

Circumstances Review; Revocation of Order, 64 FR 50486). Because the

antidumping duty order on kiwifruit from New Zealand was revoked as a

result of a changed circumstances review, we are terminating the sunset

review of this order.

Effective Date of Revocation and Termination

Pursuant to section 751(c)(6)(A)(iv) of the Act, the Department

will instruct the United States Customs Service to terminate the

suspension of liquidation of the merchandise subject to the antidumping

duty order on tungsten ore concentrates from the PRC entered, or

withdrawn from warehouse, on or after January 1, 2000. Entries of

subject merchandise prior to the effective date of revocation will

continue to be subject to suspension of liquidation and antidumping

duty deposit requirements. The suspension agreement on uranium from

Kyrgzystan will remain in effect until January 1, 2000. The Department

will complete any pending administrative reviews of the order and this

suspension agreement and will conduct administrative reviews of all

entries prior to the effective date of revocation or termination in

response to appropriately filed requests for review.

Dated: October 28, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-28763 Filed 11-2-99; 8:45 am]

BILLING CODE 3510-DS-P