Initiation of Five-Year (Sunset) Reviews
Federal Register: November 2, 2009 (Volume 74, Number 210)
Notices
Page 56593-56594
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr02no09-17
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: November 2, 2009.
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 and Constitution Avenue, 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-533-838..................... 731-TA-1061..... India........... Carbazole Violet
Dana Mermelstein
Pigment 23.
(202) 482-1391
A-570-892..................... 731-TA-1060..... PRC............. Carbazole Violet
Dana Mermelstein
Pigment 23.
(202) 482-1391
A-570-891..................... 731-TA-1059..... PRC............. Hand Trucks.......... Dana Mermelstein
(202) 482-1391
A-570-501..................... 731-TA-244...... PRC............. Natural Bristle Paint Jennifer Moats (202)
Brushes & Brush
482-5047
Heads (3rd Review).
C-533-839..................... 701-TA-437...... India........... Carbazole Violet
Dana Mermelstein
Pigment 23.
(202) 482-1391
Filing Information
As a courtesy, we are making information related to Sunset proceedings, including copies of the pertinent statute and the
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.
Page 56594
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 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 Tariff Act of 1930, as amended (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. 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: October 21, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
FR Doc. E9-26346 Filed 10-30-09; 8:45 am
BILLING CODE 3510-DS-P
