[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12915-12916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04187]
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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 U.S. Department of Commerce (Commerce) is automatically
initiating the five-year reviews (Sunset Reviews) of the antidumping
and countervailing duty (AD/CVD) order(s) and suspended
investigation(s) listed below. The U.S. International Trade Commission
(the ITC) is publishing concurrently with this notice its notice of
Institution of Five-Year Reviews which covers the same order(s) and
suspended investigation(s).
DATES: Applicable March 1, 2023.
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 ITC, contact Mary Messer, Office of
Investigations, U.S. International Trade Commission at (202) 205-3193.
[[Page 12916]]
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 the Sunset Reviews of the following AD/CVD order(s)
and suspended investigation(s):
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DOC case No. ITC case No. Country Product Commerce contact
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A-570-053............. 731-TA-1346 China................ Aluminum Foil (1st Jacky Arrowsmith,
Review). (202) 482-5255.
A-570-863 \1\......... 731-TA-893 China................ Honey (4th Review). Thomas Martin,
(202) 482-3936.
A-570-905 \2\......... 731-TA-1104 China................ Polyester Staple Thomas Martin,
Fiber (3rd Review). (202) 482-3936.
C-570-054............. 701-TA-570 China................ Aluminum Foil (1st Jacky Arrowsmith,
Review). (202) 482-5255.
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Filing Information
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\1\ Commerce inadvertently identified this case number as A-533-
817 and, hereby, makes the correction. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Advance Notification of Sunset Review, 88 FR 6702 (February 1,
2023).
\2\ Commerce inadvertently identified this case number as A-560-
805 and, hereby, makes the correction. Id.
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As a courtesy, we are making information related to sunset
proceedings, including copies of the pertinent statute and Commerce's
regulations, Commerce's schedule for Sunset Reviews, a listing of
revocations and continuations through June 2018, and current service
lists, available to the public on Commerce's website at the following
address: https://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.
In accordance with section 782(b) of the Act, any party submitting
factual information in an AD/CVD proceeding must certify to the
accuracy and completeness of that information. Parties must use the
certification formats provided in 19 CFR 351.303(g). Commerce intends
to reject factual submissions if the submitting party does not comply
with applicable revised certification requirements.
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.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\3\
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\3\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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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.\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, 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 Commerce's information requirements are distinct from
the ITC'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 AD and CVD proceedings at
Commerce.
Notification to Interested Parties
This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218(c).
Dated: February 10, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-04187 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-DS-P