[Federal Register: July 1, 2004 (Volume 69, Number 126)]
[Notices]
[Page 39905-39906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy04-47]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (``Sunset'') Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of five-year (``Sunset'') reviews.
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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 order and antidumping duty finding
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 antidumping duty order and
antidumping duty finding.
FOR FURTHER INFORMATION CONTACT: Martha Douthit, Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce at (202) 482-5050, or 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 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'').
Initiation of Reviews
In accordance with 19 CFR 351.218(c), we are initiating sunset
reviews of the following antidumping duty order and antidumping duty
finding.
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DOC case No. ITC case no. Country Product
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A-489-602....................... 731-TA-364......... Turkey............. Aspirin.
A-588-046....................... AA1921-129......... Japan.............. Polychloroprene Rubber.
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Filing Information
As a courtesy, we are making information related to sunset
proceedings, including copies of the Department's regulations regarding
sunset reviews (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 Web site for any updates to the appropriate service list before
filing any submissions. The Department will make additions to and/or
deletions from the service lists provided on the sunset Web site based
on notifications from parties and participation in these reviews.
Specifically, the Department will delete from the relevant 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(b) and
section 771 (9)(C), (D), (E), (F), and (G) of the Act ) 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,
with regard to each order identified above, if we do not receive an
order-specific notice of intent to participate from at least one
domestic interested party by the 15-day deadline, the Department will
automatically revoke the order or finding 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 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 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\ 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 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).
[[Page 39906]]
Dated: June 25, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-14984 Filed 6-30-04; 8:45 am]