[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Notices]
[Pages 61577-61578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24929]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five Year (Sunset) Review of Antidumping Duty
Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of five-year (``sunset'') review of
antidumping duty orders.
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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 five-year (``sunset'')
reviews of the antidumping duty orders listed below. The International
Trade Commission (``the Commission'') is publishing concurrently with
this notice its notice of Institution of Five-Year Review covering
these same antidumping duty orders.
FOR FURTHER INFORMATION CONTACT: James P. Maeder or Martha V. Douthit,
Office of Policy, Import Administration, International Trade
Administration, U.S. Department of Commerce, at (202) 482-3330 or (202)
482-5050, respectively, or Mary Messer, Office of Investigations, U.S.
International Trade Commission, at (202) 205-3193.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the ``Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act (``URAA''). In addition,
unless otherwise indicated, all citations to the Department regulations
are to 19 CFR Part 351 (2002). Pursuant to sections 751(c) and 752 of
the Act, an antidumping (``AD'') or countervailing duty (``CVD'') order
will be revoked, or the suspended investigation will be terminated,
unless revocation or termination would be likely to lead to
continuation or recurrence of (1) dumping or a countervailable subsidy,
and (2) material injury to the domestic industry.
The Department's procedures for the conduct of sunset reviews are
set forth in 19 CFR 351.218. 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) (``Sunset Policy Bulletin'').
Background
Initiation of Reviews
In accordance with 19 CFR 351.218 of the Department's regulations
we are initiating sunset reviews of the following antidumping duty
orders:
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DOC Case No. ITC Case No. Country Product
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A-570-850.......................... 731-TA-757............ China................. Collated Roofing Nails.
A-583-826.......................... 731-TA-759............ Taiwan................ Collated Roofing Nails.
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[[Page 61578]]
Filing Information
As a courtesy, we are making information related to sunset
proceedings, including copies of the Sunset Regulations (19 CFR
351.218) and Sunset Policy Bulletin, the Department's schedule of
sunset reviews, case history information (i.e., previous margins, duty
absorption determinations, scope language, import volumes), and service
lists, available to the public on the Department's sunset 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. Also, we suggest that parties check the Department's
sunset website for any updates to the service list before filing any
submissions. The Department will make additions to and/or deletions
from the service list provided on the sunset website based on
notifications from parties and participation in these reviews.
Specifically, the Department will delete from the service list all
parties that do not submit a substantive response to the notice of
initiation.
Because deadlines in a sunset review are, in many instances, 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 the notice of
initiation of the sunset review. 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 19 CFR 351.102) wishing to
participate in these sunset reviews must respond not later than 15 days
after the date of publication in the Federal Register of the 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 orders without further review.
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
substantive responses not later than 30 days after the date of
publication in the Federal Register of the 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 interested
parties. Also, note that the Department's information requirements are
distinct from the International Trade 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\ A number of parties commented that these interim-final
regulations provided insufficient time for rebuttals to substantive
responses to a notice of initiation, 19 CFR 351.218(d)(4). As
provided in 19 CFR 351.302(b), the Department will consider
individual requests for extension of 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) of the Department's
regulations.
Dated: September 25, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-24929 Filed 9-30-02; 8:45 am]
BILLING CODE 3510-DS-P
