E6-12339. 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 a five-year (“Sunset Review”) 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 order.

EFFECTIVE DATE:

August 1, 2006.

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 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 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 Review of the following antidumping and countervailing duty orders:

DOC Case No.	ITC Case No.	Country	Product	Department Contact
A-570-862	731-TA-894	PRC	Foundry Coke	Jim Nunno(202) 482-0783
A-823-810	731-TA-891	Ukraine	Solid Agricultural Grade Ammonium Nitrate	Brandon Farlander [phone]
A-357-814	731-TA-898	Argentina	Certain Hot-Rolled Carbon Steel Flat Products	Zev Primor [phone]
A-570-865	731-TA-899	PRC	Certain Hot-Rolled Carbon Steel Flat Products	Zev Primor [phone]
A-533-820	731-TA-900	India	Certain Hot-Rolled Carbon Steel Flat Products	Zev Primor [phone]
A-560-812	731-TA-901	Indonesia	Certain Hot-Rolled Carbon Steel Flat Products	Zev Primor [phone]
A-834-806	731-TA-902	Kazakhstan	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
A-421-807	731-TA-903	Netherlands	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
A-485-806	731-TA-904	Romania	Certain Hot-Rolled Carbon Steel Flat Products	Zev Primor [phone]
A-791-809	731-TA-905	South Africa	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
A-583-835	731-TA-906	Taiwan	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
A-549-817	731-TA-907	Thailand	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
A-823-811	731-TA-908	Ukraine	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
A-822-804	731-TA-873	Belarus	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-570-860	731-TA-874	PRC	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-560-811	731-TA-875	Indonesia	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-449-804	731-TA-878	Latvia	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-841-804	731-TA-879	Moldova	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-455-803	731-TA-880	Poland	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-580-844	731-TA-877	South Korea	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
A-823-809	731-TA-882	Ukraine	Steel Concrete Reinforcing Bars	Brandon Farlander [phone]
Countervailing Duty Proceedings
C-357-815	701-TA-404	Argentina	Certain Hot-Rolled Carbon Steel Flat Products	Brandon Farlander [phone]
C-533-821	701-TA-405	India	Certain Hot-Rolled Carbon Steel Flat Products	Brandon Farlander [phone]
C-560-813	701-TA-406	Indonesia	Certain Hot-Rolled Carbon Steel Flat Products	Brandon Farlander [phone]
C-791-810	701-TA-407	South Africa	Certain Hot-Rolled Carbon Steel Flat Products	Dana Mermelstein [phone]
C-549-818	701-TA-408	Thailand	Certain Hot-Rolled Carbon Steel Flat Products	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 10 days of the publication of the Notice of Initiation.

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.^[1] Please consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. 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: July 27, 2006.

Thomas F. Futtner,

Acting Office Director, AD/CVD Operations, Office 4, 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.