[Federal Register Volume 72, Number 211 (Thursday, November 1, 2007)]
[Notices]
[Pages 61861-61862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21552]


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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.

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 duty order and suspended investigation 
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.

EFFECTIVE DATE: November 1, 2007.

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review(s) section below at AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th & Constitution Ave., 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

[[Page 61862]]

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 Reviews

    In accordance with 19 CFR 351.218(c), we are initiating the Sunset 
Review of the following antidumping duty order and suspended 
investigation:

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         DOC Case No.              ITC Case No.        Country          Product           Department contact
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A-570-847.....................  731-TA-749........  PRC.........  Persulfates (2nd    Juanita Chen,
                                                                   Review).           (202) 482-1904.
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                                             Suspended Investigation
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A-201-820.....................  731-TA-747........  Mexico......  Fresh Tomatoes....  Sally Gannon,
                                                                                      (202) 482-0162.
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Filing Information

    As a courtesy, we are making information related to Sunset 
proceedings, including copies of the pertinent statute and Department's 
regulations, the Department's schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current 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 with the 
Department's regulations regarding format, translation, service, and 
certification of documents. These rules can be found at 19 CFR 351.303.
    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 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)) wishing to 
participate in these Sunset Reviews 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 orders without further review. See 19 CFR 
351.218(d)(1)(iii).
    For sunset reviews of countervailing duty orders, parties wishing 
the Department to consider arguments that countervailable subsidy 
programs have been terminated must include with their substantive 
responses information and documentation addressing whether the changes 
to the program were (1) limited to an individual firm or firms and (2) 
effected by an official act of the government. Further, a party 
claiming program termination is expected to document that there are no 
residual benefits under the program and that substitute programs have 
not been introduced. Cf. 19 CFR 351.526(b) and (d). If a party 
maintains that any of the subsidies countervailed by the Department 
were not conferred pursuant to a subsidy program, that party should 
nevertheless address the applicability of the factors set forth in 19 
CFR 351.526(b) and (d). Similarly, parties wishing the Department to 
consider whether a company's change in ownership has extinguished the 
benefit from prior non-recurring, allocable, subsidies must include 
with their substantive responses information and documentation 
supporting their claim that all or almost all of the company's shares 
or assets were sold in an arm's length transaction, at a price 
representing fair market value, as described in the Notice of Final 
Modification of Agency Practice Under Section 123 of the Uruguay Round 
Agreements Act, 68 FR 37125 (June 23, 2003) (``Modification Notice''). 
See Modification Notice for a discussion of the types of information 
and documentation the Department requires.
    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.
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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: October 25, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E7-21552 Filed 10-31-07; 8:45 am]
BILLING CODE 3510-DS-P