[Federal Register: August 2, 2004 (Volume 69, Number 147)]
[Notices]
[Page 46134-46135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au04-30]
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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 certain antidumping duty orders. The International Trade
Commission (``the Commission'') is publishing concurrently with this
notice its notice of Institution of Five-Year Review which covers these
same orders and suspended investigations.
FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq., Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce at (202) 482-4340, 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 the second
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-588-056................. AA1921-162................ Japan............ Melamine in Crystal Form.
A-570-504................. 731-TA-282................ People's Republic Petroleum Wax Candles.
of China.
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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
[[Page 46135]]
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 service list before filing any
submissions. The Department will make additions to and/or deletions
from the service list provided on the sunset Web site 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 section 771(9)(C), (D),
(E), (F), and (G) of the Act and 19 CFR 351.102(b) of the Department's
regulations) 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. 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).
Dated: July 27, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-17567 Filed 7-30-04; 8:45 am]