[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Pages 74685-74686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30237]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (``Sunset'') Review

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 review (``Sunset 
Review'') 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 which covers the same orders.

DATES: Effective Date: December 1, 2010.

[[Page 74686]]


FOR FURTHER INFORMATION CONTACT: The Department official identified in 
the Initiation of Review section below at AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230. For information from the Commission contact Mary Messer, Office 
of Investigations, U.S. International Trade Commission, at (202) 205-
3193.

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).

Initiation of Review

    In accordance with 19 CFR 351.218(c), we are initiating the Sunset 
Review of the following antidumping duty orders: \1\
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    \1\ The Department was scheduled to initiate the sunset review 
of the antidumping order on raw pistachios from Iran (A-507-502) in 
December 2010. However, the recently enacted Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010 includes a ban 
on all U.S. imports from Iran, including pistachios, effective 
September 29, 2010. See Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010, 111 Public Law 195, 
section 103(b); see also Iranian Transactions Regulations, 75 FR 
59611 (Dept. of Treasury, September 28, 2010). While this import ban 
remains in effect, 19 U.S.C. 1675(c)(7) provides that the 5-year 
period from the date of the Department's prior determination to 
continue the order in effect is tolled. Accordingly, the Department 
may not initiate a sunset review of the antidumping order on raw 
pistachios from Iran until two months after the import ban on 
pistachios is lifted.

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           DOC case No.                  ITC case No.             Country                Product                       Department contact
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A-821-801.........................  731-TA-340-E.........  Russia...............  Solid Urea (3rd       Dana Mermelstein, (202) 482-1391.
                                                                                   Review).
A-823-801.........................  731-TA-340-H.........  Ukraine..............  Solid Urea (3rd       Dana Mermelstein, (202) 482-1391.
                                                                                   Review).
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Filing Information

    As a courtesy, we are making information related to Sunset 
proceedings, including copies of the pertinent statute and Department's 
regulations, the Department schedule for Sunset Reviews, a listing of 
past revocations and continuations, and current service lists, 
available to the public on the Department's 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.
    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 this notice of initiation by 
filing a notice of intent to participate. 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 
a Sunset Review 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 order 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.\2\ 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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    \2\ 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 to extend 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).

     Dated: November 24, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-30237 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-DS-P