05-21766. Initiation of Five-year (“Sunset”) Reviews

AGENCY:

Import Administration, 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 five-year (“Sunset Reviews”) of the antidumping and countervailing duty 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 these same orders.

EFFECTIVE DATE:

November 1, 2005.

FOR FURTHER INFORMATION CONTACT:

The Department official identified in the Initiation of Review(s) section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at [phone].

SUPPLEMENTARY INFORMATION:

Background

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”).

Initiation of Reviews

In accordance with 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following antidumping and countervailing duty orders:

DOC Case No.	ITC Case No.	Country	Product	Department Contact
A-583-080	AA1921-197	Taiwan	Carbon Steel Plate	Dana Mermelstein [phone]
A-602-803	731-TA-612	Australia	Corrosion-Resistant Carbon Steel Flat Products	David Goldberger [phone]
A-122-822	731-TA-614	Canada	Corrosion-Resistant Carbon Steel Flat Products	Dana Mermelstein [phone]
A-427-808	731-TA-615	France	Corrosion-Resistant Carbon Steel Flat Products	Dana Mermelstein [phone]
A-428-815	731-TA-616	Germany	Corrosion-Resistant Carbon Steel Flat Products	Dana Mermelstein [phone]
A-588-826	731-TA-617	Japan	Corrosion-Resistant Carbon Steel Flat Products	David Goldberger [phone]
A-580-816	731-TA-618	South Korea	Corrosion-Resistant Carbon Steel Flat Products	David Goldberger [phone]
A-423-805	731-TA-573	Belgium	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-351-817	731-TA-574	Brazil	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-405-802	731-TA-576	Finland	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-428-816	731-TA-578	Germany	Cut-to-Length Carbon Steel Plate	David Goldberger [phone]
A-201-809	731-TA-582	Mexico	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-455-802	731-TA-583	Poland	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-485-803	731-TA-584	Romania	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-469-803	731-TA-585	Spain	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
A-401-805	731-TA-576	Sweden	Cut-to-Length Carbon Steel Plate	David Goldberger [phone]
A-412-813	731-TA-587	UK	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
C-427-810	701-TA-348	France	Corrosion-Resistant Carbon Steel Flat Products	Dana Mermelstein [phone]
C-580-818	701-TA-350	South Korea	Corrosion-Resistant Carbon Steel Flat Products	David Goldberger [phone]
C-423-806	701-TA-319	Belgium	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
C-351-818	701-TA-320	Brazil	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
C-201-810	701-TA-325	Mexico	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
C-469-804	701-TA-326	Spain	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]
C-401-804	701-TA-327	Sweden	Cut-to-Length Carbon Steel Plate	David Goldberger [phone]
C-412-815	701-TA-328	UK	Cut-to-Length Carbon Steel Plate	Dana Mermelstein [phone]

Filing Information

As a courtesy, we are making information related to Sunset proceedings, including copies of the Department's regulations regarding Sunset Reviews (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 website 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.

Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initation.

Because deadlines in Sunset Reviews can be 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 section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews 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 orders without further review. See 19 CFR 351.218(d)(1)(iii).

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 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. 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.

This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c).

Dated: October 24, 2005.

Holly A. Kuga,

Senior Office Director AD/CVD Operations, Office 4, for Import Administration.

Footnotes

1.  In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause.