9306 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. This initiation and notice are 

in accordance with section 751(a) of the 

Act and 19 CFR 351.214(d). 

Dated: February 22, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretaryfor Import 

Administration. 

[FR Doc. E7–3511 Filed 2–28–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Implementation of the Findings of the 

WTO Panel in US Zeroing (EC): Notice 

of Initiation of Proceedings Under 

Section 129 of the URAA; Opportunity 

to Request Administrative Protective 

Orders; and Proposed Timetable and 

Procedures 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice of Initiation of 

Proceedings Under Section 129 of the 

URAA; Opportunity to Request 

Administrative Protective Orders; and 

Proposed Timetable and Procedures 

DATES: March 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Daniel O’Brien, William Kovatch, or 

Michael Rill, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave NW, 

Washington, DC 20230; telephone: (202) 

482–1376, (202) 482–5052, or (202) 482–

3058, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 27, 2006, the 

Department published Antidumping 

Proceedings: Calculation of the 

Weighted Average Dumping Margin 

During an Antidumping Investigation; 

Final Modification; see 71 FR 77722 

(Final Modification) in the Federal 

Register. As stated in the Final 

Modification, the Department will no 

longer make average–to-average 

comparisons in antidumping duty 

investigations without providing offsets 

for non–dumped comparisons. The 

Department stated that, among other 

things, it would apply the Final 

Modification in the implementation of 

the findings of the WTO panel in United 

States - Laws, Regulations and 

Methodology for Calculating Dumping 

Margins (‘‘Zeroing’’) (WT/DS294) (US 

Zeroing (EC)) pursuant to section 129 of 

the Uruguay Round Agreements Act 

(URAA) with respect to the specific 

investigations challenged by the EC. 

The Department is initiating 

proceedings to implement the WTO 

panel’s report in US - Zeroing (EC), 

consistent with section 129 of the 

URAA (Section 129 Proceedings) in the 

following antidumping duty 

investigations: 

1. Certain Hot–rolled Carbon Steel from 

the Netherlands (A–421–807) 

2. Stainless Steel Bar from France (A–

427–820) 

3. Stainless Steel Bar from Germany (A–

428–830) 

4. Stainless Steel Bar from Italy (A–475–

829) 

5. Stainless Steel Bar from the United 

Kingdom (A–412–822) 

6. Stainless Steel Wire Rod from 

Sweden (A–401–806) 

7. Stainless Steel Wire Rod from Spain 

(A–469–807) 

8. Stainless Steel Wire Rod from Italy 

(A–475–820) 

9. Certain Stainless Steel Plate in Coils 

from Belgium (A–423–808) 

10. Stainless Steel Sheet and Strip in 

Coils from Italy (A–475–824) 

11. Certain Cut–to-length Carbon–

quality Steel Plate from Italy (A–475–

826) 

12. Certain Pasta from Italy (A–475–818) 

Although the EC challenged 15 

antidumping duty investigations, the 

Department revoked the antidumping 

duty order associated with three of 

those investigations: Certain Cut–toLength Carbon–Quality Steel Plate from 

France (A–427–816), Certain Stainless 

Steel Sheet and Strip in Coils from 

France (A–427–814), and Certain 

Stainless Steel Sheet and Strip in Coils 

from the United Kingdom (A–412–818). 

See Certain Stainless Steel Sheet and 

Strip in Coils from France and the 

United Kingdom; Final Results of Sunset 

Reviews and Revocation of 

Antidumping Duty Order, 70 FR 44894 

(August 4, 2005); Revocation of 

Antidumping Duty Order: Certain Cut– 

To-Length Carbon–Quality Steel Plate 

from France, 70 FR 72787 (December 7, 

2005). Pursuant to section 129(c)(1)(B) 

of the URAA, a determination made 

under section 129 applies to 

unliquidated entries of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date on which the U.S. Trade 

Representative directs the Department 

to implement the determination. The 

date on which the U.S. Trade 

Representative directs the Department 

to implement the determination will 

necessarily be after the effective date of 

revocation of the above–cited three 

investigations. As a result, the 

Department is not conducting section 

129 proceedings with respect to the 

three investigations. 

Scope of the Section 129 Proceedings 

The WTO panel found that the 

Department acted inconsistently with 

the Antidumping Agreement when it 

engaged in average–to-average 

comparisons during the challenged 

investigations without providing offsets 

for sales where the export price was 

greater than normal value. In these 

Section 129 Proceedings, it is the 

Department’s intention to recalculate 

the weighted–average dumping margin 

starting with the calculation of the 

weighted–average dumping margin in 

the final determination of the original 

investigations. Where the Department 

issued an amended final determination, 

as a result of litigation or otherwise, the 

Department intends to start with the 

calculation of the weighted–average 

dumping margin in the most recent 

amended final determination. The 

Department is opening a separate 

administrative record in each of these 

Section 129 Proceedings, and placing on 

each administrative record an 

administrative protective order, the 

relevant databases, and the margin 

calculation computer program. The 

Department intends solely to recalculate 

the dumping margins using the 

methodology described in the Final 

Modification. 

Opportunity to Request an 

Administrative Protective Order 

In accordance with section 351.305(b) 

of the Department’s regulations, 

interested parties may request access to 

business proprietary information 

concerning these proceedings. 

Timetable 

The Department intends to issue its 

draft results by February 26, 2007, for 

each of the subject investigations. 

Interested parties may submit case briefs 

no later than two weeks after the 

issuance of the draft results, consistent 

with 19 CFR 351.309(c)(1)(i). Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed no later than 

five days after the deadline for case 

briefs, consistent with 19 CFR 

351.309(d). Interested parties may 

request a hearing on the issues raised in 

the case and rebuttal briefs no later than 

five days after the deadline for the case 

briefs. See 19 CFR 351.310(c) (stating 

the Secretary may alter the time for 

submitting a request for a hearing). 

The purpose of the Section 129 

Proceedings is to render the 

Department’s determination not 

inconsistent with the findings of the 

panel. To that end, the Department will 


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Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9307 

calculate the margins of dumping using 

the methodology announced in the 

Final Modification based on the 

databases on the record of the Section 

129 Proceedings. The Department will 

not accept any submissions prior to the 

issuance of the draft results. As set forth 

above, parties may file case briefs and 

rebuttal briefs after the drafts are issued. 

In accordance with the Department’s 

regulations, case briefs must present all 

arguments that are in the submitter’s 

view relevant to the final results. See 19 

CFR 351.309(c)(2). 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: February 22, 2007. 

David M. Spooner, 

Assistant Secretaryfor Import Administration. 

[FR Doc. E7–3510 Filed 2–28–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

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 

duty order listed below. The 

International Trade Commission (‘‘the 

Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-year Review which 

covers this same order. 

EFFECTIVE DATE: March 1, 2007. 

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 (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting Fiveyear (‘‘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 

duty order: 

DOC Case No. ITC Case No. Country Product Department Contact 

A–570–867 ............................. 731–TA–922 PRC Automotive Replacement Glass Windshields Juanita Chen (202) 482–1904 

Countervailing Duty Proceedings 

No countervailing duty proceedings are 

scheduled for initiation in March 2007. 

Suspended Investigations 

No suspended investigations are 

scheduled for initiation in March 2007. 

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). 

For sunset reviews of countervailing 

duty orders, parties wishing the 

Department to consider arguments that 

countervailable subsidy programs have 

been terminated must include with their 

substantive responses information and 

documentation addressing whether the 

changes to the program were (1) limited 

to an individual firm or firms and (2) 

effected by an official act of the 

government. Further, a party claiming 

program termination is expected to 

document that there are no residual 

benefits under the program and that 

substitute programs have not been 

introduced. Cf. 19 CFR 351.526(b) and 

(d). If a party maintains that any of the 

subsidies countervailed by the 

Department were not conferred 

pursuant to a subsidy program, that 

party should nevertheless address the 

applicability of the factors set forth in 


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