[Federal Register Volume 65, Number 64 (Monday, April 3, 2000)]
[Notices]
[Pages 17484-17485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8160]


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DEPARTMENT OF COMMERCE


International Trade Administration

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 orders listed below. The International 
Trade Commission (``the Commission'') is publishing concurrently with 
this notice its notices of Institution of Five-Year Reviews covering 
these same orders.

FOR FURTHER INFORMATION CONTACT: Darla D. Brown, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, at (202) 482-3207, or Vera Libeau, Office of 
Investigations, U.S. International Trade Commission, at (202) 205-3176.

SUPPLEMENTARY INFORMATION:

Initiation of Reviews

    In accordance with 19 CFR 351.218 (see Procedures for Conducting 
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders, 63 FR 13516 (March 20, 1998)), we are initiating 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-570-832....................  A-696                          China...........  Pure magnesium.
A-821-805....................  A-697                          Russia..........  Pure magnesium.
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Statute and Regulations

    Pursuant to sections 751(c) and 752 of the Act, an antidumping 
(``AD'') or countervailing duty (``CVD'') order will be revoked, or the 
suspended investigation will be terminated, unless revocation or 
termination would be likely to lead to continuation or recurrence of 
(1) dumping or a countervailable subsidy, and (2) material injury to 
the domestic industry.
    The Department's procedures for the conduct of sunset reviews are 
set forth in Procedures for Conducting Five-year (``Sunset'') Reviews 
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) (``Sunset Regulations''). 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'').

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the Sunset Regulations and Sunset 
Policy Bulletin, the Department's schedule of sunset reviews, case 
history information (e.g., previous margins, duty absorption 
determinations, scope language, import volumes), and service lists, 
available to the public on the Department's sunset internet website at 
the following address:

``http://www.ita.doc.gov/import__admin/records/sunset/''.

    All submissions in the sunset review 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 (1999). Also, we suggest that parties check the 
Department's sunset website 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 website based on 
notifications from parties and participation in this review. 
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 (see Antidumping and Countervailing Duty Proceedings: 
Administrative Protective Order Procedures; Procedures for Imposing 
Sanctions for Violation of a Protective Order, 63 FR 24391 (May 4, 
1998)).

Information Required From Interested Parties

    Domestic interested parties (defined in 19 CFR 351.102 (1999)) 
wishing to participate in the sunset review 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 
in the Sunset Regulations at 19 CFR 351.218(d)(1)(ii). We note that the 
Department considers each of the orders listed above as separate and 
distinct orders and, therefore, requires order-specific submissions. In 
accordance with the Sunset 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.
    If we receive an order-specific notice of intent to participate 
from a domestic interested party, the Sunset Regulations provide that 
all parties wishing to participate in the sunset review must file 
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 in the Sunset Regulations at 19 CFR 351.218(d)(3). 
Note that certain information requirements differ for foreign and 
domestic parties. Also, note that the Department's information 
requirements are distinct from the International Trade Commission's 
information requirements. Please consult the Sunset Regulations for 
information regarding the Department's conduct of sunset reviews.\1\ 
Please consult the

[[Page 17485]]

Department's regulations at 19 CFR part 351 (1999) for definitions of 
terms and for other general information concerning antidumping and 
countervailing duty proceedings at the Department.
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    \1\ A number of parties commented that these interim-final 
regulations provided insufficient time for rebuttals to substantive 
responses to a notice of initiation (Sunset Regulations, 19 CFR 
351.218(d)(4)). As provided in 19 CFR 351.302(b) (1999), 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: March 28, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-8160 Filed 3-31-00; 8:45 am]
BILLING CODE 3150-DS-P