[Federal Register: September 4, 2007 (Volume 72, Number 170)]
[Notices]
[Page 50659-50661]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se07-20]
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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.
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 (``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.
EFFECTIVE DATE: September 4, 2007.
FOR FURTHER INFORMATION CONTACT: The Department official identified in
the Initiation of Review(s) section below at AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th & 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
[[Page 50660]]
Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').
Initiation of Reviews
In accordance with 19 CFR 351.218(c), we are initiating the Sunset
Review of the following antidumping and countervailing duty orders:
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DOC Case No. ITC Case No. Country Product Department Contact
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A-351-832.................................................... 731-TA-953 Brazil Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
A-122-840.................................................... 731-TA-954 Canada Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
A-560-815.................................................... 731-TA-957 Indonesia Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
A-201-830.................................................... 731-TA-958 Mexico Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
A-841-805.................................................... 731-TA-959 Moldova Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
A-274-804.................................................... 731-TA-961 Trinidad & Carbon and Certain Brandon Farlander (202) 482-0182
Tobago Alloy Steel Wire Rod
A-823-812.................................................... 731-TA-962 Ukraine Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
C-351-833.................................................... 701-TA-417 Brazil Carbon and Certain Brandon Farlander (202) 482-0182
Alloy Steel Wire Rod
Suspended Investigations.............................
No Sunset Reviews of suspended investigations are scheduled
for initiation in September 2007............................
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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 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.
Pursuant to 19 CFR 351.103(c), 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 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 section 771(9)(C), (D),
(E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to
participate in these Sunset Reviews 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 orders without further review. See 19 CFR
351.218(d)(1)(iii).
For sunset reviews of countervailing duty orders, parties wishing
the Department to consider arguments that countervailable subsidy
programs have been terminated must include with their substantive
responses information and documentation addressing whether the changes
to the program were (1) limited to an individual firm or firms and (2)
effected by an official act of the government. Further, a party
claiming program termination is expected to document that there are no
residual benefits under the program and that substitute programs have
not been introduced. Cf. 19 CFR 351.526(b) and (d). If a party
maintains that any of the subsidies countervailed by the Department
were not conferred pursuant to a subsidy program, that party should
nevertheless address the applicability of the factors set forth in 19
CFR 351.526(b) and (d). Similarly, parties wishing the Department to
consider whether a company's change in ownership has extinguished the
benefit from prior non-recurring, allocable, subsidies must include
with their substantive responses information and documentation
supporting their claim that all or almost all of the company's shares
or assets were sold in an arm's length transaction, at a price
representing fair market value, as described in the Notice of Final
Modification of Agency Practice Under Section 123 of the Uruguay Round
Agreements Act, 68 FR 37125 (June 23, 2003) (``Modification Notice'').
See Modification Notice for a discussion of the types of information
and documentation the Department requires.
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
[[Page 50661]]
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.
This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218(c).
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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.
Dated: August 23, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-17455 Filed 8-31-07; 8:45 am]
BILLING CODE 3510-DS-S