[Federal Register: February 2, 2004 (Volume 69, Number 21)]
[Page 4921-4922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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 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 
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.



    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 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 sunset 
reviews of the following antidumping duty orders:

          DOC case No.                  ITC case No.              Country                    Product
A-570-007.......................  731-TA-149                China..............  Barium Chloride.
A-427-001.......................  731-TA-44                 France.............  Sorbitol.

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 Web site at the following address: 

    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. Also, we suggest that parties check the Department's 
sunset website 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 website 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 
    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 

Information Required From Interested Parties

    Domestic interested parties (defined in 19 CFR 351.102(b) and 
section 771 (9)(C), (D), (E), (F), and (G) of the Act ) wishing to 
participate in these sunset

[[Page 4922]]

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 order without further review. See 19 CFR 
    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\ A number of parties commented that these interim-final 
regulations provided insufficient time for rebuttals to substantive 
responses to a notice of initiation, 19 CFR 351.218(d)(4). As 
provided in 19 CFR 351.302(b), 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: January 27, 2004.
James J. Jochum,
Assistant Secretary, Import Administration.
[FR Doc. 04-2061 Filed 1-30-04; 8:45 am]