[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Notices]
[Pages 49926-49927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24508]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION


Notice of Initiation of Five-Year Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of initiation of five-year (``sunset'') review.

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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 a five-year (``sunset'') 
review of the suspended antidumping investigation listed below. The 
International Trade Commission (``the Commission'') is publishing 
concurrently with this notice its notice of Institution of Five-Year 
Review covering this same suspended investigation.

FOR FURTHER INFORMATION CONTACT: Carole A. Showers or Martha V. 
Douthit, Office of Policy, Import Administration, International Trade 
Administration, U.S. Department of Commerce, at (202) 482-3217 or (202) 
482-5050, respectively, or Vera Libeau, Office of Investigations, U.S. 
International Trade Commission, at (202) 205-3176.

SUPPLEMENTARY INFORMATION:

The Applicable Statue

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the ``Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``Department'') regulations are to 19 CFR part 351 (2001). 
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 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''). 

Background

Initiation of Review

    In accordance with 19 CFR 351.218 we are initiating a sunset review 
of the following suspended investigation:

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           DOC case No.                  ITC case No.              Country                    Product
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A-201-820.........................  731-TA-747              Mexico...............  Fresh Tomatoes.
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Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the Sunset Regulations (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 
website at the following address: http://ia.ita.doc.gov/sunset/. 
    All submissions in this 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. 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.

Information Required From Interested Parties

    Domestic interested parties (defined in 19 CFR 351.102) wishing to 
participate in this 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 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.
    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 
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 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 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\ A number of parties commented that these interim-final 
regulations provided insufficient time for rebuttals to substantive 
responses to a notice of initiation, 19 CFR 351.218(d)(4)). As 
provided in 19 CFR 351.302(b), the Department will consider 
individual requests for extension of that five-day deadline based 
upon a showing of good cause.

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[[Page 49927]]

    This notice of initiation is being published in accordance with 
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section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: September 25, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-24508 Filed 9-28-01; 8:45 am]
BILLING CODE 3510-DS-P