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Code · REGISTER · 2005-01-03 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation

1,767 words·~8 min read·/register/2005/01/03/04-28724·

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BILLING CODE 8150-01-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with section 351.213
(2004)of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. *Opportunity to Request a Review:* Not later than the last day of January 2005, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in January for the following periods: Period Antidumping Duty Proceedings Brazil: Brass Sheet and Strip, A-351-603 1/1/04-12/31/04 Prestressed Concrete Steel Wire Strand, A-351-837 7/17/03-12/31/04 Stainless Steel Wire Rod, A-351-819 1/1/04—12/31/04 Canada: Brass Sheet and Strip, A-122-601 1/1/04-12/31/04 France: Anhydrous Sodium Metasilicate (ASM), A-427-098 1/1/04-10/20/04 Stainless Steel Wire Rod, A-427-811 1/1/04-12/31/04 India: Prestressed Concrete Steel Wire Strand, A-533-828 7/17/03-12/31/04 Mexico: Prestressed Concrete Steel Wire Strand, A-201-831 7/17/03-12/31/04 South Africa: Ferrovanadium, A-791-815 1/1/04-2/31/04 South Korea: Prestressed Concrete Steel Wire Strand, A-580-852 7/17/03-12/31/04 South Korea: Top-of-the Stove Stainless Steel Cooking Ware, A-580-601 1/1/04—12/31/04 Taiwan: Top-of-the-Stove Stainless Steel Cooking Ware, A-583-603 1/1/04—12/31/04 Thailand: Prestressed Concrete Steel Wire Strand, A-549-820 7/17/03-12/31/04 The People's Republic of China: Ferrovanadium, A-570-873 1/1/04-12/31/04 Folding Gift Boxes, A-570-866 1/1/04-12/31/04 Potassium Permanganate, A-570-001 1/1/04—12/31/04 Countervailing Duty Proceedings Brazil: Brass Sheet and Strip, C-351-604 1/1/04-12/31/04 South Korea: Top-of-the-Stove Stainless Steel Cooking Ware, C-580-602 1/1/04—12/31/04 Taiwan: Top-of-the-Stove Stainless Steel Cooking Ware, C-583-604 1/1/04-12/31/04 Suspension Agreements None. In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 69 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. *See* also the Import Administration Web site at *www.ia.ita.doc.gov.* Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Duty Enforcement, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. The Department will publish in the **Federal Register** a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of January 2005. If the Department does not receive, by the last day of January 2005, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the Customs Service to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: December 23, 2004. Howard B. Smith, Acting Senior Office Director, Office 4 for Import Administration. [FR Doc. E4-3911 Filed 12-30-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (“Sunset”) Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of initiation of Five-Year (“Sunset”) reviews. 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 certain antidumping duty orders. The International Trade Commission is publishing concurrently with this notice its notice of *Institution of Five-Year Review* which covers these same orders. FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce at
(202)482-5050, or Mary Messer, Office of Investigations, U.S. International Trade Commission at
(202)205-3193. DATES: *Effective Date:* January 3, 2005. 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 Initiation of Reviews.* In accordance with 19 CFR 351.218(c), we are initiating sunset reviews of the following antidumping and countervailing duty orders: DOC case No. ITC case No. and product Country A-570-003 A-103 Cotton Shop Towels China. C-535-001 C-202 Cotton Shop Towels Pakistan. A-538-802 A-514 Cotton Shop Towels Bangladesh. A-570-852 A-814 Creatine Monohydrate China. A-580-507 A-279 Malleable Cast Iron Pipe Fittings South Korea. A-588-605 A-347 Malleable Cast Iron Pipe Fittings Japan. A-427-816 A-816 Certain Cut-to-Length Carbon Quality Steel Plate France. A-533-817 A-817 Certain Cut-to-Length Carbon Quality Steel Plate India. C-533-818 C-388 Certain Cut-to-Length Carbon Quality Steel Plate India. A-560-805 A-818 Certain Cut-to-Length Carbon Quality Steel Plate Indonesia. C-560-806 C-389 Certain Cut-to-Length Carbon Quality Steel Plate Indonesia. A-475-826 A-819 Certain Cut-to-Length Carbon Quality Steel Plate Italy. C-475-827 C-390 Certain Cut-to-Length Carbon Quality Steel Plate Italy. A-588-827 A-820 Certain Cut-to-Length Carbon Quality Steel Plate Japan. A-580-836 A-821 Certain Cut-to Length Carbon Quality Steel Plate South Korea. C-580-837 C-391 Certain Cut-to-Length Carbon Quality Steel Plate South Korea. A-122-804 A-422 New Steel Rails Canada. C-122-805 C-297 New Steel Rails Canada. 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 and scope language), 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 regulations can be found at 19 CFR 351.303. Also, we suggest that parties check the Department's sunset Web site 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 Web site 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 sections 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 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. *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 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 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. 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. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: December 17, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. 04-28724 Filed 12-30-04; 8:45 am]
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  • 19 CFR 351.304-306
  • 19 CFR 351
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Notices
Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation
Cite19 CFR 351.304-306
Cite19 CFR 351
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