Initiation of Five-Year (Sunset) Reviews
| Published date | 01 May 2020 |
| Record Number | 2020-09330 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 85 Issue 85 (Friday, May 1, 2020)
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25386-25388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09330]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset) Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff Act of 1930, as amended (the
Act), the
[[Page 25387]]
Department of Commerce (Commerce) is automatically initiating the five-
year reviews (Sunset Reviews) of the antidumping and countervailing
duty (AD/CVD) order(s) listed below. The International Trade Commission
(the ITC) is publishing concurrently with this notice its notice of
Institution of Five-Year Reviews which covers the same order(s).
DATES: Applicable May 1, 2020.
FOR FURTHER INFORMATION CONTACT: Commerce official identified in the
Initiation of Review section below at AD/CVD Operations, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For
information from the ITC, contact Mary Messer, Office of
Investigations, U.S. International Trade Commission at (202) 205-3193.
SUPPLEMENTARY INFORMATION:
Background
Commerce'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 Commerce's conduct of Sunset Reviews is
set forth in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).
Initiation of Review
In accordance with section 751(c) of the Act and 19 CFR 351.218(c),
we are initiating the Sunset Reviews of the following antidumping and
countervailing duty order(s):
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DOC case No. ITC case No. Country Product Commerce contact
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A-122-853............... 731-TA-1151 Canada.................. Citric Acid and Matthew Renkey; (202)
Certain Citrate 482-2312.
Salts (2nd Review).
A-570-937............... 731-TA-1152 China................... Citric Acid and Matthew Renkey; (202)
Certain Citrate 482-2312.
Salts (2nd Review).
C-570-938............... 701-TA-456 China................... Citric Acid and Mary Kolberg; (202)
Certain Citrate 482-1785.
Salts (2nd Review).
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Filing Information
As a courtesy, we are making information related to sunset
proceedings, including copies of the pertinent statute and Commerce's
regulations, Commerce's schedule for Sunset Reviews, a listing of past
revocations and continuations, and current service lists, available to
the public on Commerce's website at the following address: https://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews
must be filed in accordance with Commerce's regulations regarding
format, translation, and service of documents. These rules, including
electronic filing requirements via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS), can be found at 19 CFR 351.303.\1\
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\1\ See also Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information.\2\
Parties must use the certification formats provided in 19 CFR
351.303(g).\3\ Commerce intends to reject factual submissions if the
submitting party does not comply with applicable revised certification
requirements.
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\2\ See section 782(b) of the Act.
\3\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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On April 10, 2013, Commerce modified two regulations related to AD/
CVD proceedings: the definition of factual information (19 CFR
351.102(b)(21)), and the time limits for the submission of factual
information (19 CFR 351.301).\4\ Parties are advised to review the
final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in
these segments. To the extent that other regulations govern the
submission of factual information in a segment (such as 19 CFR
351.218), these time limits will continue to be applied. Parties are
also advised to review the final rule concerning the extension of time
limits for submissions in AD/CVD proceedings, available at https://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to
submitting factual information in these segments.\5\
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\4\ See Definition of Factual Information and Time Limits for
Submission of Factual Information: Final Rule, 78 FR 21246 (April
10, 2013).
\5\ See Extension of Time Limits, 78 FR 57790 (September 20,
2013).
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Letters of Appearance and Administrative Protective Orders
Pursuant to 19 CFR 351.103(d), Commerce will maintain and make
available a public service list for these proceedings. Parties wishing
to participate in any of these five-year reviews must file letters of
appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely
preparation of the public service list, it is requested that those
seeking recognition as interested parties to a proceeding submit an
entry of appearance within 10 days of the publication of the Notice of
Initiation. Because deadlines in Sunset Reviews can be very short, we
urge interested parties who want access to proprietary information
under administrative protective order (APO) to file an APO application
immediately following publication in the Federal Register of this
notice of initiation. Commerce'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.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until May 19, 2020, unless extended.\6\
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\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020).
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Information Required From Interested Parties
Domestic interested parties, as defined in section 771(9)(C), (D),
(E), (F), and (G) of 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
[[Page 25388]]
participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance
with Commerce'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, Commerce will automatically revoke the order without further
review.\7\
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\7\ See 19 CFR 351.218(d)(1)(iii).
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If we receive an order-specific notice of intent to participate
from a domestic interested party, Commerce's regulations provide that
all parties wishing to participate in a 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 Commerce's information requirements are distinct from
the ITC 's information requirements. Consult Commerce's regulations for
information regarding Commerce's conduct of Sunset Reviews. Consult
Commerce's regulations at 19 CFR part 351 for definitions of terms and
for other general information concerning antidumping and countervailing
duty proceedings at Commerce.
This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218(c).
Dated: April 21, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2020-09330 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-DS-P
