[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4641-4642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02005]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (Sunset) Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with the Tariff Act of 1930, as amended (the 
Act), the Department of Commerce (Commerce) is automatically initiating 
the five-year reviews (Sunset Reviews) of the antidumping and 
countervailing duty (AD/CVD) order(s) listed below. The International 
Trade Commission (the Commission) is publishing concurrently with this 
notice its notice of Institution of Five-Year Reviews which covers the 
same order(s).

DATES: Applicable (February 1, 2018).

FOR FURTHER INFORMATION CONTACT: Commerce official identified in the 
Initiation of Review section below at AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 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

    Commerce'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 Commerce'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 section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating Sunset Reviews of the following antidumping and 
countervailing duty order(s): \1\
---------------------------------------------------------------------------

    \1\ In addition, we note that in the sunset initiation notice 
that published on January 2, 2018 (83 FR 100) the Department 
inadvertently listed the incorrect case number for Utility Scale 
Wind Towers from Vietnam. The correct case number is A-552-814.

[[Page 4642]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
             DOC Case No.                ITC Case No.            Country                    Product                       Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-570-904.............................     731-TA-1103  China....................  Activated Carbon, (2nd     Matthew Renkey, (202) 482-2312.
                                                                                    Review).
A-570-866.............................      731-TA-921  China....................  Folding Gift Boxes, (3rd   Robert James, (202) 482-0649.
                                                                                    Review).
A-201-820.............................      731-TA-747  Mexico...................  Fresh Tomatoes, (4th        Matthew Renkey, (202) 482-2312.
                                                                                    Review), (Suspension
                                                                                    Agreement).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Commerces's 
regulations, Commerce's schedule for Sunset Reviews, a listing of past 
revocations and continuations, and current service lists, available to 
the public on Commerce's website at the following address: http://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews 
must be filed in accordance with Commerce's regulations regarding 
format, translation, and service of documents. These rules, including 
electronic filing requirements via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS), can be found at 19 CFR 351.303.\2\
---------------------------------------------------------------------------

    \2\ See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Any party submitting factual information in an AD/CVD proceeding 
must certify to the accuracy and completeness of that information.\3\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\4\ Commerce intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \3\ See section 782(b) of the Act.
    \4\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

    On April 10, 2013, Commerce modified two regulations related to AD/
CVD 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).\5\ Parties are advised to review the 
final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these 
segments. 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. Parties are also advised to review 
the final rule concerning the extension of time limits for submissions 
in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in 
these segments.\6\
---------------------------------------------------------------------------

    \5\ See Definition of Factual Information and Time Limits for 
Submission of Factual Information: Final Rule, 78 FR 21246 (April 
10, 2013).
    \6\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).
---------------------------------------------------------------------------

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), Commerce 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. Commerce'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 Commerce'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, Commerce will 
automatically revoke the order without further review.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    If we receive an order-specific notice of intent to participate 
from a domestic interested party, Commerce'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 requirements. Consult Commerce's 
regulations for information regarding Commerce's conduct of Sunset 
Reviews. Consult Commerce's regulations at 19 CFR part 351 for 
definitions of terms and for other general information concerning 
antidumping and countervailing duty proceedings at Commerce.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: January 26, 2018.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-02005 Filed 1-31-18; 8:45 am]
 BILLING CODE 3510-DS-P