2022-28522. 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) and suspended investigation(s) listed below. The 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 January 3, 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 [phone].

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 antidumping and countervailing duty order(s) and suspended investigation(s):

DOC case No.	ITC case No.	Country	Product	Commerce contact
A-583-008	731-TA-132	Taiwan	Certain Circular Welded Carbon Steel Pipes & Tubes (5th Review)	Jacky Arrowsmith, [phone].
A-533-502	731-TA-271	India	Certain Welded Carbon Steel Pipes & Tubes (5th Review)	Mary Kolberg, [phone].
A-549-502	731-TA-252	Thailand	Certain Welded Carbon Steel Pipes & Tubes (5th Review)	Mary Kolberg, [phone].
A-489-501	731-TA-273	Turkey	Certain Welded Carbon Steel Pipes & Tubes (5th Review)	Mary Kolberg, [phone].
A-351-809	731-TA-532	Brazil	Circular Welded Non-Alloy Steel Pipe (5th Review)	Jacky Arrowsmith, [phone].
A-201-805	731-TA-534	Mexico	Circular Welded Non-Alloy Steel Pipe (5th Review)	Jacky Arrowsmith, [phone].
A-580-809	731-TA-533	South Korea	Circular Welded Non-Alloy Steel Pipe (5th Review)	Jacky Arrowsmith, [phone].
A-583-814	731-TA-536	Taiwan	Circular Welded Non-Alloy Steel Pipe (5th Review)	Jacky Arrowsmith, [phone].
A-570-058	731-TA-1362	China	Cold-Drawn Mechanical Tubing (1st Review)	Mary Kolberg, [phone].
A-428-845	731-TA-1363	Germany	Cold-Drawn Mechanical Tubing (1st Review)	Mary Kolberg, [phone].
A-533-873	731-TA-1364	India	Cold-Drawn Mechanical Tubing (1st Review)	Mary Kolberg, [phone].
A-475-838	731-TA-1365	Italy	Cold-Drawn Mechanical Tubing (1st Review)	Mary Kolberg, [phone].
A-580-892	731-TA-1366	South Korea	Cold-Drawn Mechanical Tubing (1st Review)	Mary Kolberg, [phone].
A-441-801	731-TA-1367	Switzerland	Cold-Drawn Mechanical Tubing (1st Review)	Mary Kolberg, [phone].
A-428-820	731-TA-709	Germany	Seamless Line and Pressure Pipe (5th Review)	Jacky Arrowsmith, [phone].
C-489-502	701-TA-253	Turkey	Circular Welded Carbon Steel Pipes & Tubes (5th Review)	Jacky Arrowsmith, [phone].
C-570-059	701-TA-576	China	Cold-Drawn Mechanical Tubing (1st Review)	Jacky Arrowsmith, [phone].
C-533-874	701-TA-577	India	Cold-Drawn Mechanical Tubing (1st Review)	Jacky Arrowsmith, [phone].

Filing Information

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 past revocations and continuations, 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.^[1]

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.^[2]

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 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: December 19, 2022.

James Maeder,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.   See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period,85 FR 41363 (July 10, 2020).

2.   See19 CFR 351.218(d)(1)(iii).