Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25679 

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 Fiveyear (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders; Policy Bulletin, 63 FR 18871 

(April 16, 1998). The Notice of Initiation 

of Five-Year (‘‘Sunset’’) Reviews 

provides further information regarding 

what is required of all parties to 

participate in Sunset Reviews. 

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. 

Please note that if the Department 

receives a Notice of Intent to Participate 

from a member of the domestic industry 

within 15 days of the date of initiation, 

the review will continue. Thereafter, 

any interested party wishing to 

participate in the Sunset Review must 

provide substantive comments in 

response to the notice of initiation no 

later than 30 days after the date of 

initiation. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: April 11, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–10442 Filed 4–30–12; 8:45 am] 

BILLING CODE 3510–DS–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. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Waters, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230, 

telephone: (202) 482–4735. 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspended 

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 19 CFR 

351.213, that the Department of 

Commerce (‘‘the Department’’) conduct 

an administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 

All deadlines for the submission of 

comments or actions by the Department 

discussed below refer to the number of 

calendar days from the applicable 

starting date. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, the 

Department intends to select 

respondents based on U.S. Customs and 

Border Protection (‘‘CBP’’) data for U.S. 

imports during the period of review. We 

intend to release the CBP data under 

Administrative Protective Order 

(‘‘APO’’) to all parties having an APO 

within five days of publication of the 

initiation notice and to make our 

decision regarding respondent selection 

within 21 days of publication of the 

initiation Federal Register notice. 

Therefore, we encourage all parties 

interested in commenting on respondent 

selection to submit their APO 

applications on the date of publication 

of the initiation notice, or as soon 

thereafter as possible. The Department 

invites comments regarding the CBP 

data and respondent selection within 

five days of placement of the CBP data 

on the record of the review. 

In the event the Department decides 

it is necessary to limit individual 

examination of respondents and 

conduct respondent selection under 

section 777A(c)(2) of the Act: 

In general, the Department has found 

that determinations concerning whether 

particular companies should be 

‘‘collapsed’’ (i.e., treated as a single 

entity for purposes of calculating 

antidumping duty rates) require a 

substantial amount of detailed 

information and analysis, which often 

require follow-up questions and 

analysis. Accordingly, the Department 

will not conduct collapsing analyses at 

the respondent selection phase of this 

review and will not collapse companies 

at the respondent selection phase unless 

there has been a determination to 

collapse certain companies in a 

previous segment of this antidumping 

proceeding (i.e., investigation, 

administrative review, new shipper 

review or changed circumstances 

review). For any company subject to this 

review, if the Department determined, 

or continued to treat, that company as 

collapsed with others, the Department 

will assume that such companies 

continue to operate in the same manner 

and will collapse them for respondent 

selection purposes. Otherwise, the 

Department will not-collapse companies 

for purposes of respondent selection. 

Parties are requested to (a) identify 

which companies subject to review 

previously were collapsed, and (b) 

provide a citation to the proceeding in 

which they were collapsed. Further, if 

companies are requested to complete 

the Quantity and Value Questionnaire 

for purposes of respondent selection, in 

general each company must report 

volume and value data separately for 

itself. Parties should not include data 

for any other party, even if they believe 

they should be treated as a single entity 

with that other party. If a company was 

collapsed with another company or 

companies in the most recently 

completed segment of this proceeding 

where the Department considered 

collapsing that entity, complete quantity 

and value data for that collapsed entity 

must be submitted. 

Deadline for Withdrawal of Request for 

Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), a 

party that has requested a review may 

withdraw that request within 90 days of 

the date of publication of the notice of 

initiation of the requested review. The 

regulation provides that the Department 

may extend this time if it is reasonable 

to do so. In order to provide parties 

additional certainty with respect to 

when the Department will exercise its 

discretion to extend this 90-day 

deadline, interested parties are advised 

that, with regard to reviews requested 

on the basis of anniversary months on 

or after May 2012, the Department does 

not intend to extend the 90-day 

deadline unless the requestor 

demonstrates that an extraordinary 

circumstance has prevented it from 

submitting a timely withdrawal request. 

Determinations by the Department to 

extend the 90-day deadline will be 

made on a case-by-case basis. 

The Department is providing this 

notice on its Web site, as well as in its 

‘‘Opportunity to Request Administrative 

Review’’ notices, so that interested 

parties will be aware of the manner in 

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25680 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

1Or the next business day, if the deadline falls 

on a weekend, federal holiday or any other day 

when the Department is closed. 

2 If the review request involves a non-market 

economy and the parties subject to the review 

request do not qualify for separate rates, all other 

exporters of subject merchandise from the nonmarket economy country who do not have a 

separate rate will be covered by the review as part 

of the single entity of which the named firms are 

a part. 

which the Department intends to 

exercise its discretion in the future. 

Opportunity to Request a Review: Not 

later than the last day of May 2012,1

interested parties may request 

administrative review of the following 

orders, findings, or suspended 

investigations, with anniversary dates in 

May for the following periods: 

Period of review 

Antidumping Duty Proceedings 

Belgium: Stainless Steel Plate in Coils, A–423–808 ..................................................................................................................... 5/1/11–4/30/12 

Brazil: Iron Construction Castings, A–351–503 ............................................................................................................................ 5/1/11–4/30/12 

Canada: Citric Acid and Citrate Salt, A–122–853 ......................................................................................................................... 5/1/11–4/30/12 

France: Antifriction Bearings, Ball, A–427–801 ............................................................................................................................. 5/1/11–9/14/11 

Germany: Antifriction Bearings, Ball, A–428–801 ......................................................................................................................... 5/1/11–9/14/11 

India: 

Silicomanganese, A–533–823 ................................................................................................................................................ 5/1/11–4/30/12 

Welded Carbon Steel Pipes and Tubes, A–533–502 ............................................................................................................ 5/1/11–4/30/12 

Indonesia: Polyethylene Retail Carrier Bags, A–560–822 ............................................................................................................ 5/1/11–4/30/12 

Italy: Antifriction Bearings, Ball, A–475–801 ................................................................................................................................. 5/1/11–9/14/11 

Japan: Gray Portland Cement and Cement Clinker, A–588–815 ................................................................................................. 5/1/11–4/30/12 

Kazakhstan: Silicomanganese, A–834–807 .................................................................................................................................. 5/1/11–4/30/12 

Republic of Korea: 

Polyester Staple Fiber, A–580–839 ....................................................................................................................................... 5/1/11–4/30/12 

Stainless Steel Plate in Coils, A–580–831 ............................................................................................................................. 5/1/11–4/30/12 

South Africa: Stainless Steel Plate in Coils, A–791–805 .............................................................................................................. 5/1/11–4/30/12 

Taiwan: 

Circular Welded Carbon Steel Pipes and Tubes, A–583–008 .............................................................................................. 5/1/11–4/30/12 

Polyethylene Retail Carrier Bags, A–583–843 ....................................................................................................................... 5/1/11–4/30/12 

Polyester Staple Fiber, A–583–833 ....................................................................................................................................... 5/1/11–4/30/12 

Stainless Steel Plate in Coils, A–583–830 ............................................................................................................................. 5/1/11–4/30/12 

The People’s Republic of China: 

Aluminum Extrusions, A–570–967 ......................................................................................................................................... 11/12/10–4/30/12 

Certain Circular Welded Carbon Quality Steel Line Pipe, A–570–935 ................................................................................. 5/1/11–4/30/12 

Citric Acid and Citrate Salt, A–570–937 ................................................................................................................................ 5/1/11–4/30/12 

Iron Construction Castings, A–570–502 ................................................................................................................................ 5/1/11–4/30/12 

Oil Country Tubular Goods, A–570–943 ................................................................................................................................ 5/1/11–4/30/12 

Pure Magnesium, A–570–832 ................................................................................................................................................ 5/1/11–4/30/12 

Turkey: 

Light-Walled Rectangular Pipe and Tube, A–489–815 .......................................................................................................... 5/1/11–4/30/12 

Circular Welded Carbon Steel Pipes and Tubes, A–489–501 .............................................................................................. 5/1/11–4/30/12 

Venezuela: Silicomanganese, A–307–820 .................................................................................................................................... 5/1/11–4/30/12 

Vietnam: Polyethylene Retail Carrier Bags, A–552–806 .............................................................................................................. 5/1/11–4/30/12 

Countervailing Duty Proceedings 

Brazil: Iron Construction Castings, C–351–504 ............................................................................................................................ 1/1/11–12/31/11 

South Africa: Stainless Steel Plate in Coils, C–791–806 .............................................................................................................. 1/1/11–12/31/11 

The People’s Republic of China: 

Aluminum Extrusions, C–570–968 ......................................................................................................................................... 9/7/10–12/31/11 

Citric Acid and Citrate Salt, C–570–938 ................................................................................................................................ 1/1/11–12/31/11 

Vietnam: Polyethylene Retail Carrier Bags, C–552–805 .............................................................................................................. 1/1/11–12/31/11 

Suspension Agreements 

None. 

In accordance with 19 CFR 

351.213(b), 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. In addition, a domestic 

interested party or an interested party 

described in section 771(9)(B) of the Act 

must state why it desires the Secretary 

to review those particular producers or 

exporters.2 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. 

Please note that, for any party the 

Department was unable to locate in 

prior segments, the Department will not 

accept a request for an administrative 

review of that party absent new 

information as to the party’s location. 

Moreover, if the interested party who 

files a request for review is unable to 

locate the producer or exporter for 

which it requested the review, the 

interested party must provide an 

explanation of the attempts it made to 

locate the producer or exporter at the 

same time it files its request for review, 

in order for the Secretary to determine 

if the interested party’s attempts were 

reasonable, pursuant to 19 CFR 

351.303(f)(3)(ii). 

As explained in Antidumping and 

Countervailing Duty Proceedings: 

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Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25681 

Assessment of Antidumping Duties, 68 

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 http:// 

ia.ita.doc.gov. 

All requests must be filed 

electronically in Import 

Administration’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘IA 

ACCESS’’) on the IA ACCESS Web site 

at http://iaaccess.trade.gov. See 

Antidumping and Countervailing Duty 

Proceedings: Electronic Filing 

Procedures; Administrative Protective 

Order Procedures, 76 FR 39263, (July 6, 

2011). Further, in accordance with 19 

CFR 351.303(f)(l)(i), a copy of each 

request must be served on the petitioner 

and each exporter or producer specified 

in the request. 

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 May 2012. If the 

Department does not receive, by the last 

day of May 2012, 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 CBP 

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. 

For the first administrative review of 

any order, there will be no assessment 

of antidumping or countervailing duties 

on entries of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption during the relevant 

provisional-measures ‘‘gap’’ period, of 

the order, if such a gap period is 

applicable to the period of review. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: April 12, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–10443 Filed 4–30–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application 12–00002] 

Export Trade Certificate of Review 

ACTION: Notice of Application for an 

Export Trade Certificate of Review 

SunWest Foods, Inc. 

SUMMARY: The Office of Competition 

and Economic Analysis, International 

Trade Administration, Department of 

Commerce, has received an application 

for an Export Trade Certificate of 

Review (‘‘Certificate’’). This notice 

summarizes the conduct for which 

certification is sought and requests 

comments relevant to whether the 

Certificate should be issued. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Flynn, Director, Office of 

Competition and Economic Analysis, 

International Trade Administration, 

(202) 482–5131 (this is not a toll-free 

number) or email at etca@trade.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. An Export 

Trade Certificate of Review protects the 

holder and the members identified in 

the Certificate from state and federal 

government antitrust actions and from 

private, treble damage antitrust actions 

for the export conduct specified in the 

Certificate and carried out in 

compliance with its terms and 

conditions. Section 302(b)(1) of the 

Export Trading Company Act of 1982 

and 15 CFR 325.6(a) require the 

Secretary to publish a notice in the 

Federal Register, identifying the 

applicant and summarizing its proposed 

export conduct. 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether a Certificate should be issued. 

If the comments include any privileged 

or confidential business information, it 

must be clearly marked and a 

nonconfidential version of the 

comments (identified as such) should be 

included. Any comments not marked 

‘‘privileged’’ or ‘‘confidential business 

information’’ will be deemed to be 

nonconfidential. 

An original and five (5) copies, plus 

two (2) copies of the nonconfidential 

version, should be submitted no later 

than 20 days after the date of this notice 

to: Export Trading Company Affairs, 

International Trade Administration, 

U.S. Department of Commerce, Room 

7021X, Washington, DC 20230, or 

transmitted by email at etca@trade.gov. 

Information submitted by any person 

is exempt from disclosure under the 

Freedom of Information Act (5 U.S.C. 

552). However, nonconfidential versions 

of the comments will be made available 

to the applicant if necessary for 

determining whether or not to issue the 

Certificate. Comments should refer to 

this application as ‘‘Export Trade 

Certificate of Review, application 

number 12–00002.’’ A summary of the 

application follows. 

Summary of the Application 

Applicant: SunWest Foods, Inc., 1550 

Drew Avenue, Suite 150, Davis, 

California 95618. 

Application No.: 12–00002. 

Date Deemed Submitted: April 17, 

2012. 

Members (in addition to applicant): 

SunWest Milling Company, Inc. 

(‘‘SWM’’) is to be a member that also 

will be covered by and receive the 

protections from the proposed 

Certificate. SWM’s principal address is 

507 Bannock Street, Biggs, California 

95917. SWM and SWF are both 

privately-held companies owned by the 

Errecarte family. SWM and SWF are 

affiliated through common ownership 

and management. 

SunWest seeks a Certificate of Review 

to engage in the Export Trade Activities 

and Methods of Operation described 

below in the following Export Trade and 

Export Markets: 

Export Trade 

Products: SWF proposes to export 

under the Certificate, directly and 

through other suppliers, rice and rice 

products, including, but not limited to: 

rough rice; brown rice; milled, under 

milled, and unpolished rice, coated rice; 

oiled rice; enriched rice; rice bran; 

polished rice, head rice; broken rice; 

second head rice; brewers rice; 

screenings; and rice flour. The purpose 

and use of these foods products are for 

human consumption. The NAICS codes 

that best describes SWF’s goods and 

services is 424490 (Other Grocery and 

Related Products Merchant 

Wholesalers). The NAICS Codes that 

best describe SWM’s services are 

311212 (Rice Milling) and 115114 

(Postharvest Crop Activities). 

Services: All services related to the 

export of Products. 

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