[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56593-56594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26346]


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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:

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         DOC case No.             ITC case No.         Country             Product           Department contact
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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
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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.
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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 to extend 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 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