[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31306-31308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12733]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (``Sunset'') Review

AGENCY: Enforcement and Compliance, 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 the five-year review 
(``Sunset Review'') of the antidumping and countervailing duty (``AD/
CVD'') 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: June 1, 2014.

FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, 
Enforcement and Compliance, 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 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 19 CFR 351.218(c), we are initiating Sunset 
Review(s) of the following antidumping and countervailing duty 
order(s):

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          DOC Case No.               ITC Case No.           Country             Product       Department contact
----------------------------------------------------------------------------------------------------------------
A-552-801.......................  731-TA-1012.......  Vietnam...........  Frozen Fish         Charles Riggle
                                                                           Fillets (2nd        (202) 482-0550.
                                                                           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 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 Web site at the following 
address: ``http://enforcement.trade.gov/sunset/.'' All submissions in 
these Sunset Reviews must be filed in accordance with the Department's 
regulations regarding format, translation, and service of documents. 
These rules, including

[[Page 31307]]

electronic filing requirements via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA 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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Revised Factual Information Requirements

    This notice serves as a reminder that any party submitting factual 
information in an AD/CVD proceeding must certify to the accuracy and 
completeness of that information.\2\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives in all AD/CVD investigations 
or proceedings initiated on or after August 16, 2013.\3\ The formats 
for the revised certifications are provided at the end of the Final 
Rule. The Department intends to reject factual submissions if the 
submitting party does not comply with the revised certification 
requirements.
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    \2\ See section 782(b) of the Act.
    \3\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'') (amending 
19 CFR 351.303(g)).
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    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty 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). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) publicly available information to value 
factors under 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the 
record by the Department; and (v) evidence other than factual 
information described in (i)-(iv). The final rule requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
segments initiated on or after May 10, 2013. Review the final rule, 
available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. 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.

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in antidumping 
and countervailing duty proceedings: Extension of Time Limits, 78 FR 
57790 (September 20, 2013). The modification clarifies that parties may 
request an extension of time limits before a time limit established 
under part 351 of the Department's regulations expires, or as otherwise 
specified by the Secretary. In general, an extension request will be 
considered untimely if it is filed after the time limit established 
under part 351 expires. For submissions which are due from multiple 
parties simultaneously, an extension request will be considered 
untimely if it is filed after 10:00 a.m. on the due date. Under certain 
circumstances, the Department may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, the Department will inform parties in the letter or memorandum 
setting forth the deadline (including a specified time) by which 
extension requests must be filed to be considered timely. This 
modification also requires that an extension request must be made in a 
separate, stand-alone submission, and clarifies the circumstances under 
which the Department will grant untimely-filed requests for the 
extension of time limits. These modifications are effective for all 
segments initiated on or after October 21, 2013. Review the final rule, 
available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), the Department 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. 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, 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 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.\4\
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    \4\ 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, the Department'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 the Department's information requirements are distinct 
from the Commission's information

[[Page 31308]]

requirements. Consult the Department's regulations for information 
regarding the Department's conduct of Sunset Reviews. 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.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: May 13, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-12733 Filed 5-30-14; 8:45 am]
BILLING CODE 3510-DS-P