80_FR_11261 80 FR 11221 - Preserved Mushrooms From Chile, China, India, and Indonesia; Institution of Five-Year Reviews

80 FR 11221 - Preserved Mushrooms From Chile, China, India, and Indonesia; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11221-11224
FR Document2015-04248

The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission;\1\ to be assured of consideration, the deadline for responses is April 1, 2015. Comments on the adequacy of responses may be filed with the Commission by May 14, 2015. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11221-11224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04248]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-776-779 (Third Review)]


Preserved Mushrooms From Chile, China, India, and Indonesia; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty orders on preserved mushrooms from Chile, China, India, and 
Indonesia would be likely to lead to continuation or recurrence of 
material injury. Pursuant to section 751(c)(2) of the Act, interested 
parties are requested to respond to this notice by submitting the 
information specified below to the Commission;\1\ to be assured of 
consideration, the deadline for responses is April 1, 2015. Comments on 
the adequacy of responses may be filed with the Commission by May 14, 
2015. For further information concerning the conduct of this proceeding 
and rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207).
---------------------------------------------------------------------------

    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 15-5-324, 
expiration date June 30, 2017. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

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DATES: Effective Date: March 2, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On December 2, 1998, the Department of Commerce issued 
an antidumping duty order on imports of preserved mushrooms from Chile 
(63 FR 66529) and on February 19, 1999, Commerce issued antidumping 
duty orders on imports of preserved mushrooms from China, India, and 
Indonesia (64 FR 8308-8312). Commerce subsequently revoked in part the 
order on imports from Indonesia (68 FR 39521, July 2, 2003). Following 
first five-year reviews by Commerce and the Commission, effective 
November 17, 2004, Commerce issued a continuation of the antidumping 
duty orders on imports of preserved mushrooms from Chile, China, India, 
and Indonesia (69 FR 67308). Following the second five-year reviews by 
Commerce and the Commission, effective February 28, 2010, Commerce 
issued a continuation of the antidumping duty orders on imports of 
preserved mushrooms from Chile, China, India, and Indonesia (75 FR 
22369). The Commission is now conducting third reviews to determine 
whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. It will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct full or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include

[[Page 11222]]

information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Chile, China, India, 
and Indonesia.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, its full first five-year review determinations, and its 
expedited second five-year review determinations, the Commission found 
one Domestic Like Product consisting of preserved mushrooms 
corresponding to the scope of Commerce's investigations.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, its 
full first five-year review determinations, and its expedited second 
five-year review determinations, the Commission defined the Domestic 
Industry to consist of all domestic producers of preserved mushrooms. 
Certain Commissioners defined the Domestic Industry differently in the 
original investigations.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is April 1, 2015. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is May 14, 2015. All written submissions must conform with the 
provisions of sections 201.8 and 207.3 of the Commission's rules and 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Please be aware that the Commission's rules with respect to filing have 
changed. The most recent amendments took effect on July 25, 2014. See 
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from the Commission's Web site at http://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3 
of the Commission's rules, each document filed by a party to the 
proceeding must be served on all other parties to the proceeding (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the proceeding you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject

[[Page 11223]]

Merchandise in more than one Subject Country, you may file a single 
response. If you do so, please ensure that your response to each 
question includes the information requested for each pertinent Subject 
Country. As used below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise each 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2008.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2014, except as noted (report quantity 
data in pounds, drained weight, and value data in U.S. dollars, f.o.b. 
plant). If you are a union/worker group or trade/business association, 
provide the information, on an aggregate basis, for the firms in which 
your workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2014 (report quantity data in pounds, 
drained weight, and value data in U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2014 (report quantity 
data in pounds, drained weight, and value data in U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2008, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to

[[Page 11224]]

the ability to shift supply among different national markets (including 
barriers to importation in foreign markets or changes in market demand 
abroad). Demand conditions to consider include end uses and 
applications; the existence and availability of substitute products; 
and the level of competition among the Domestic Like Product produced 
in the United States, Subject Merchandise produced in each Subject 
Country, and such merchandise from other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: February 25, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-04248 Filed 2-27-15; 8:45 am]
BILLING CODE 7020-02-P



                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                                 11221

                                                    with these agencies to support land                     public is also encouraged to help                        proceeding and rules of general
                                                    management in the Monument.                             identify any management questions and                    application, consult the Commission’s
                                                       The BLM will use the NEPA public                     concerns that should be addressed in                     Rules of Practice and Procedure, part
                                                    participation requirements to assist the                the plan. The BLM will work                              201, subparts A through E (19 CFR part
                                                    agency in satisfying the public                         collaboratively with interested parties to               201), and part 207, subparts A, D, E, and
                                                    involvement requirements under                          identify the management decisions that                   F (19 CFR part 207).
                                                    Section 106 of the National Historic                    are best suited to local, regional, and                  DATES:   Effective Date: March 2, 2015.
                                                    Preservation Act (NHPA) (54 U.S.C                       national needs and concerns.
                                                    306108 (as recodified)) pursuant to 36                     The BLM will use an interdisciplinary                 FOR FURTHER INFORMATION CONTACT:
                                                    CFR 800.2(d)(3). The information about                  approach to develop the plan in order                    Mary Messer (202–205–3193), Office of
                                                    historic and cultural resources within                  to consider the variety of resource issues               Investigations, U.S. International Trade
                                                    the area potentially affected by the                    and concerns identified. Specialists                     Commission, 500 E Street SW.,
                                                    proposed action will assist the BLM in                  with expertise in the following                          Washington, DC 20436. Hearing-
                                                    identifying and evaluating impacts to                   disciplines will be involved in the                      impaired persons can obtain
                                                    such resources in the context of both                   planning process: archaeology and                        information on this matter by contacting
                                                    NEPA and Section 106 of the NHPA.                       cultural resources, geology, wildlife and                the Commission’s TDD terminal on 202–
                                                    The BLM will consult with Indian tribes                 fisheries, botany, recreation, and lands                 205–1810. Persons with mobility
                                                    on a government-to-government basis in                  and realty.                                              impairments who will need special
                                                    accordance with Executive Order 13175                     Authority: 40 CFR 1501.7, 43 CFR 1610.2.               assistance in gaining access to the
                                                    and other policies. Tribal concerns,                                                                             Commission should contact the Office
                                                    including impacts on Indian trust assets                Jerome E. Perez,                                         of the Secretary at 202–205–2000.
                                                    and potential impacts to cultural                       Oregon/Washington State Director.                        General information concerning the
                                                    resources, will be given due                            [FR Doc. 2015–04289 Filed 2–27–15; 8:45 am]              Commission may also be obtained by
                                                    consideration. Federal, State, and local                BILLING CODE 4310–33–P                                   accessing its Internet server (http://
                                                    agencies, along with tribes and other                                                                            www.usitc.gov). The public record for
                                                    stakeholders that may be interested in or                                                                        this proceeding may be viewed on the
                                                    affected by the proposed action, are                    INTERNATIONAL TRADE                                      Commission’s electronic docket (EDIS)
                                                    invited to participate in the scoping                   COMMISSION                                               at http://edis.usitc.gov.
                                                    process and, if eligible, may request or                                                                         SUPPLEMENTARY INFORMATION:
                                                    be asked by the BLM to participate as a                 [Investigation Nos. 731–TA–776–779 (Third
                                                    cooperating agency.                                     Review)]                                                    Background.—On December 2, 1998,
                                                       You may submit comments on issues                                                                             the Department of Commerce issued an
                                                                                                            Preserved Mushrooms From Chile,                          antidumping duty order on imports of
                                                    and planning criteria in writing to the                 China, India, and Indonesia; Institution
                                                    BLM at any public scoping meeting, or                                                                            preserved mushrooms from Chile (63 FR
                                                                                                            of Five-Year Reviews                                     66529) and on February 19, 1999,
                                                    you may submit them to the BLM using
                                                    one of the methods listed in the                        AGENCY: United States International                      Commerce issued antidumping duty
                                                    ADDRESSES section above. To be most                     Trade Commission.                                        orders on imports of preserved
                                                    helpful, you should submit comments                     ACTION: Notice.
                                                                                                                                                                     mushrooms from China, India, and
                                                    by the close of the 30-day scoping                                                                               Indonesia (64 FR 8308–8312).
                                                    period or within 15 days after the last                 SUMMARY:   The Commission hereby gives                   Commerce subsequently revoked in part
                                                    public meeting, whichever is later.                     notice that it has instituted reviews                    the order on imports from Indonesia (68
                                                    Before including your address, phone                    pursuant to section 751(c) of the Tariff                 FR 39521, July 2, 2003). Following first
                                                    number, email address, or other                         Act of 1930 (19 U.S.C. 1675(c)) (the Act)                five-year reviews by Commerce and the
                                                    personal identifying information in your                to determine whether revocation of the                   Commission, effective November 17,
                                                    comment, you should be aware that                       antidumping duty orders on preserved                     2004, Commerce issued a continuation
                                                    your entire comment—including your                      mushrooms from Chile, China, India,                      of the antidumping duty orders on
                                                    personal identifying information—may                    and Indonesia would be likely to lead to                 imports of preserved mushrooms from
                                                    be made publicly available at any time.                 continuation or recurrence of material                   Chile, China, India, and Indonesia (69
                                                    While you can ask us in your comment                    injury. Pursuant to section 751(c)(2) of                 FR 67308). Following the second five-
                                                    to withhold your personal identifying                   the Act, interested parties are requested                year reviews by Commerce and the
                                                    information from public review, we                      to respond to this notice by submitting                  Commission, effective February 28,
                                                    cannot guarantee that we will be able to                the information specified below to the                   2010, Commerce issued a continuation
                                                    do so. The minutes and list of attendees                Commission;1 to be assured of                            of the antidumping duty orders on
                                                    for each scoping meeting will be                        consideration, the deadline for                          imports of preserved mushrooms from
                                                    available to the public and open for 30                 responses is April 1, 2015. Comments                     Chile, China, India, and Indonesia (75
                                                    days after the meeting to any participant               on the adequacy of responses may be                      FR 22369). The Commission is now
                                                    who wishes to clarify the views he or                   filed with the Commission by May 14,                     conducting third reviews to determine
                                                    she expressed. The BLM will evaluate                    2015. For further information                            whether revocation of the orders would
                                                    identified issues to be addressed in the                concerning the conduct of this                           be likely to lead to continuation or
                                                    plan, and will place them into one of                                                                            recurrence of material injury to the
                                                                                                                                                                     domestic industry within a reasonably
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                              1 No response to this request for information is
                                                    three categories:
                                                                                                            required if a currently valid Office of Management       foreseeable time. It will assess the
                                                       1. Issues to be resolved in the plan;                and Budget (OMB) number is not displayed; the
                                                       2. Issues to be resolved through policy              OMB number is 3117–0016/USITC No. 15–5–324,
                                                                                                                                                                     adequacy of interested party responses
                                                    or administrative action; or                            expiration date June 30, 2017. Public reporting          to this notice of institution to determine
                                                       3. Issues beyond the scope of this                   burden for the request is estimated to average 15        whether to conduct full or expedited
                                                    plan.                                                   hours per response. Please send comments                 reviews. The Commission’s
                                                                                                            regarding the accuracy of this burden estimate to
                                                       The BLM will provide an explanation                  the Office of Investigations, U.S. International Trade
                                                                                                                                                                     determinations in any expedited
                                                    in the Draft RMP/EIS as to why an issue                 Commission, 500 E Street SW., Washington, DC             reviews will be based on the facts
                                                    was placed in category two or three. The                20436.                                                   available, which may include


                                               VerDate Sep<11>2014   16:55 Feb 27, 2015   Jkt 235001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\02MRN1.SGM      02MRN1


                                                    11222                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    information provided in response to this                participated personally and                              Written submissions.—Pursuant to
                                                    notice.                                                 substantially in the corresponding                    section 207.61 of the Commission’s
                                                       Definitions.—The following                           underlying original investigation or an               rules, each interested party response to
                                                    definitions apply to these reviews:                     earlier review of the same underlying                 this notice must provide the information
                                                       (1) Subject Merchandise is the class or              investigation. The Commission’s                       specified below. The deadline for filing
                                                    kind of merchandise that is within the                  designated agency ethics official has                 such responses is April 1, 2015.
                                                    scope of the five-year reviews, as                      advised that a five-year review is not the            Pursuant to section 207.62(b) of the
                                                    defined by the Department of                            same particular matter as the underlying              Commission’s rules, eligible parties (as
                                                    Commerce.                                               original investigation, and a five-year               specified in Commission rule
                                                       (2) The Subject Countries in these                   review is not the same particular matter              207.62(b)(1)) may also file comments
                                                    reviews are Chile, China, India, and                    as an earlier review of the same                      concerning the adequacy of responses to
                                                    Indonesia.                                              underlying investigation for purposes of              the notice of institution and whether the
                                                       (3) The Domestic Like Product is the                 18 U.S.C. 207, the post employment                    Commission should conduct expedited
                                                    domestically produced product or                        statute for Federal employees, and                    or full reviews. The deadline for filing
                                                    products which are like, or in the                      Commission rule 201.15(b) (19 CFR                     such comments is May 14, 2015. All
                                                    absence of like, most similar in                        201.15(b)), 79 FR 3246 (Jan. 17, 2014),               written submissions must conform with
                                                    characteristics and uses with, the                      73 FR 24609 (May 5, 2008).                            the provisions of sections 201.8 and
                                                    Subject Merchandise. In its original                    Consequently, former employees are not                207.3 of the Commission’s rules and any
                                                    determinations, its full first five-year                                                                      submissions that contain BPI must also
                                                                                                            required to seek Commission approval
                                                    review determinations, and its                                                                                conform with the requirements of
                                                                                                            to appear in a review under Commission
                                                    expedited second five-year review                                                                             sections 201.6 and 207.7 of the
                                                                                                            rule 19 CFR 201.15, even if the
                                                    determinations, the Commission found                                                                          Commission’s rules. Please be aware
                                                                                                            corresponding underlying original
                                                    one Domestic Like Product consisting of                                                                       that the Commission’s rules with
                                                                                                            investigation or an earlier review of the
                                                    preserved mushrooms corresponding to                                                                          respect to filing have changed. The most
                                                                                                            same underlying investigation was
                                                    the scope of Commerce’s investigations.                                                                       recent amendments took effect on July
                                                       (4) The Domestic Industry is the U.S.                pending when they were Commission
                                                                                                            employees. For further ethics advice on               25, 2014. See 79 FR 35920 (June 25,
                                                    producers as a whole of the Domestic                                                                          2014), and the revised Commission
                                                    Like Product, or those producers whose                  this matter, contact Carol McCue
                                                                                                            Verratti, Deputy Agency Ethics Official,              Handbook on E-filing, available from the
                                                    collective output of the Domestic Like                                                                        Commission’s Web site at http://
                                                    Product constitutes a major proportion                  at 202–205–3088.
                                                                                                               Limited disclosure of business                     edis.usitc.gov. Also, in accordance with
                                                    of the total domestic production of the                                                                       sections 201.16(c) and 207.3 of the
                                                    product. In its original determinations,                proprietary information (BPI) under an
                                                                                                            administrative protective order (APO)                 Commission’s rules, each document
                                                    its full first five-year review                                                                               filed by a party to the proceeding must
                                                    determinations, and its expedited                       and APO service list.—Pursuant to
                                                                                                            section 207.7(a) of the Commission’s                  be served on all other parties to the
                                                    second five-year review determinations,                                                                       proceeding (as identified by either the
                                                    the Commission defined the Domestic                     rules, the Secretary will make BPI
                                                                                                                                                                  public or APO service list as
                                                    Industry to consist of all domestic                     submitted in this proceeding available
                                                                                                                                                                  appropriate), and a certificate of service
                                                    producers of preserved mushrooms.                       to authorized applicants under the APO
                                                                                                                                                                  must accompany the document (if you
                                                    Certain Commissioners defined the                       issued in the proceeding, provided that
                                                                                                                                                                  are not a party to the proceeding you do
                                                    Domestic Industry differently in the                    the application is made no later than 21
                                                                                                                                                                  not need to serve your response).
                                                    original investigations.                                days after publication of this notice in                 Inability to provide requested
                                                       (5) An Importer is any person or firm                the Federal Register. Authorized                      information.—Pursuant to section
                                                    engaged, either directly or through a                   applicants must represent interested                  207.61(c) of the Commission’s rules, any
                                                    parent company or subsidiary, in                        parties, as defined in 19 U.S.C. 1677(9),             interested party that cannot furnish the
                                                    importing the Subject Merchandise into                  who are parties to the proceeding. A                  information requested by this notice in
                                                    the United States from a foreign                        separate service list will be maintained              the requested form and manner shall
                                                    manufacturer or through its selling                     by the Secretary for those parties                    notify the Commission at the earliest
                                                    agent.                                                  authorized to receive BPI under the                   possible time, provide a full explanation
                                                       Participation in the proceeding and                  APO.                                                  of why it cannot provide the requested
                                                    public service list.—Persons, including                    Certification.—Pursuant to section                 information, and indicate alternative
                                                    industrial users of the Subject                         207.3 of the Commission’s rules, any                  forms in which it can provide
                                                    Merchandise and, if the merchandise is                  person submitting information to the                  equivalent information. If an interested
                                                    sold at the retail level, representative                Commission in connection with this                    party does not provide this notification
                                                    consumer organizations, wishing to                      proceeding must certify that the                      (or the Commission finds the
                                                    participate in the proceeding as parties                information is accurate and complete to               explanation provided in the notification
                                                    must file an entry of appearance with                   the best of the submitter’s knowledge. In             inadequate) and fails to provide a
                                                    the Secretary to the Commission, as                     making the certification, the submitter               complete response to this notice, the
                                                    provided in section 201.11(b)(4) of the                 will be deemed to consent, unless                     Commission may take an adverse
                                                    Commission’s rules, no later than 21                    otherwise specified, for the                          inference against the party pursuant to
                                                    days after publication of this notice in                Commission, its employees, and                        section 776(b) of the Act (19 U.S.C.
                                                    the Federal Register. The Secretary will                contract personnel to use the
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                                                                                                                                                                  1677e(b)) in making its determinations
                                                    maintain a public service list containing               information provided in any other                     in the reviews.
                                                    the names and addresses of all persons,                 reviews or investigations of the same or                 Information To Be Provided in
                                                    or their representatives, who are parties               comparable products which the                         Response to This Notice of Institution: If
                                                    to the proceeding.                                      Commission conducts under Title VII of                you are a domestic producer, union/
                                                       Former Commission employees who                      the Act, or in internal audits and                    worker group, or trade/business
                                                    are seeking to appear in Commission                     investigations relating to the programs               association; import/export Subject
                                                    five-year reviews are advised that they                 and operations of the Commission                      Merchandise from more than one
                                                    may appear in a review even if they                     pursuant to 5 U.S.C. Appendix 3.                      Subject Country; or produce Subject


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                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                              11223

                                                    Merchandise in more than one Subject                       (9) If you are a U.S. producer of the              Country accounted for by your firm’s(s’)
                                                    Country, you may file a single response.                Domestic Like Product, provide the                    imports;
                                                    If you do so, please ensure that your                   following information on your firm’s                     (b) the quantity and value (f.o.b. U.S.
                                                    response to each question includes the                  operations on that product during                     port, including antidumping duties) of
                                                    information requested for each pertinent                calendar year 2014, except as noted                   U.S. commercial shipments of Subject
                                                    Subject Country. As used below, the                     (report quantity data in pounds, drained              Merchandise imported from each
                                                    term ‘‘firm’’ includes any related firms.               weight, and value data in U.S. dollars,               Subject Country; and
                                                       (1) The name and address of your firm                f.o.b. plant). If you are a union/worker                 (c) the quantity and value (f.o.b. U.S.
                                                    or entity (including World Wide Web                     group or trade/business association,                  port, including antidumping duties) of
                                                    address) and name, telephone number,                    provide the information, on an aggregate              U.S. internal consumption/company
                                                    fax number, and Email address of the                    basis, for the firms in which your                    transfers of Subject Merchandise
                                                    certifying official.                                    workers are employed/which are                        imported from each Subject Country.
                                                       (2) A statement indicating whether                   members of your association.                             (11) If you are a producer, an exporter,
                                                    your firm/entity is a U.S. producer of                     (a) Production (quantity) and, if                  or a trade/business association of
                                                    the Domestic Like Product, a U.S. union                 known, an estimate of the percentage of               producers or exporters of the Subject
                                                    or worker group, a U.S. importer of the                 total U.S. production of the Domestic                 Merchandise in any Subject Country,
                                                    Subject Merchandise, a foreign producer                 Like Product accounted for by your                    provide the following information on
                                                    or exporter of the Subject Merchandise,                 firm’s(s’) production;                                your firm’s(s’) operations on that
                                                    a U.S. or foreign trade or business                                                                           product during calendar year 2014
                                                                                                               (b) Capacity (quantity) of your firm to
                                                    association, or another interested party                                                                      (report quantity data in pounds, drained
                                                                                                            produce the Domestic Like Product (i.e.,
                                                    (including an explanation). If you are a                                                                      weight, and value data in U.S. dollars,
                                                                                                            the level of production that your
                                                    union/worker group or trade/business                                                                          landed and duty-paid at the U.S. port
                                                                                                            establishment(s) could reasonably have
                                                    association, identify the firms in which                                                                      but not including antidumping duties).
                                                                                                            expected to attain during the year,
                                                    your workers are employed or which are                                                                        If you are a trade/business association,
                                                                                                            assuming normal operating conditions
                                                    members of your association.                                                                                  provide the information, on an aggregate
                                                                                                            (using equipment and machinery in
                                                       (3) A statement indicating whether                                                                         basis, for the firms which are members
                                                                                                            place and ready to operate), normal
                                                    your firm/entity is willing to participate                                                                    of your association.
                                                                                                            operating levels (hours per week/weeks                   (a) Production (quantity) and, if
                                                    in this proceeding by providing
                                                                                                            per year), time for downtime,                         known, an estimate of the percentage of
                                                    information requested by the
                                                                                                            maintenance, repair, and cleanup, and a               total production of Subject Merchandise
                                                    Commission.
                                                                                                            typical or representative product mix);               in each Subject Country accounted for
                                                       (4) A statement of the likely effects of
                                                    the revocation of the antidumping duty                     (c) the quantity and value of U.S.                 by your firm’s(s’) production;
                                                    orders on the Domestic Industry in                      commercial shipments of the Domestic                     (b) Capacity (quantity) of your firm(s)
                                                    general and/or your firm/entity                         Like Product produced in your U.S.                    to produce the Subject Merchandise in
                                                    specifically. In your response, please                  plant(s);                                             each Subject Country (i.e., the level of
                                                    discuss the various factors specified in                   (d) the quantity and value of U.S.                 production that your establishment(s)
                                                    section 752(a) of the Act (19 U.S.C.                    internal consumption/company                          could reasonably have expected to
                                                    1675a(a)) including the likely volume of                transfers of the Domestic Like Product                attain during the year, assuming normal
                                                    subject imports, likely price effects of                produced in your U.S. plant(s); and                   operating conditions (using equipment
                                                    subject imports, and likely impact of                      (e) the value of (i) net sales, (ii) cost          and machinery in place and ready to
                                                    imports of Subject Merchandise on the                   of goods sold (COGS), (iii) gross profit,             operate), normal operating levels (hours
                                                    Domestic Industry.                                      (iv) selling, general and administrative              per week/weeks per year), time for
                                                       (5) A list of all known and currently                (SG&A) expenses, and (v) operating                    downtime, maintenance, repair, and
                                                    operating U.S. producers of the                         income of the Domestic Like Product                   cleanup, and a typical or representative
                                                    Domestic Like Product. Identify any                     produced in your U.S. plant(s) (include               product mix); and
                                                    known related parties and the nature of                 both U.S. and export commercial sales,                   (c) the quantity and value of your
                                                    the relationship as defined in section                  internal consumption, and company                     firm’s(s’) exports to the United States of
                                                    771(4)(B) of the Act (19 U.S.C.                         transfers) for your most recently                     Subject Merchandise and, if known, an
                                                    1677(4)(B)).                                            completed fiscal year (identify the date              estimate of the percentage of total
                                                       (6) A list of all known and currently                on which your fiscal year ends).                      exports to the United States of Subject
                                                    operating U.S. importers of the Subject                    (10) If you are a U.S. importer or a               Merchandise from each Subject Country
                                                    Merchandise and producers of the                        trade/business association of U.S.                    accounted for by your firm’s(s’) exports.
                                                    Subject Merchandise each Subject                        importers of the Subject Merchandise                     (12) Identify significant changes, if
                                                    Country that currently export or have                   from any Subject Country, provide the                 any, in the supply and demand
                                                    exported Subject Merchandise to the                     following information on your firm’s(s’)              conditions or business cycle for the
                                                    United States or other countries after                  operations on that product during                     Domestic Like Product that have
                                                    2008.                                                   calendar year 2014 (report quantity data              occurred in the United States or in the
                                                       (7) A list of 3–5 leading purchasers in              in pounds, drained weight, and value                  market for the Subject Merchandise in
                                                    the U.S. market for the Domestic Like                   data in U.S. dollars). If you are a trade/            each Subject Country after 2008, and
                                                    Product and the Subject Merchandise                     business association, provide the                     significant changes, if any, that are
                                                    (including street address, World Wide                   information, on an aggregate basis, for               likely to occur within a reasonably
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                                                    Web address, and the name, telephone                    the firms which are members of your                   foreseeable time. Supply conditions to
                                                    number, fax number, and Email address                   association.                                          consider include technology;
                                                    of a responsible official at each firm).                   (a) The quantity and value (landed,                production methods; development
                                                       (8) A list of known sources of                       duty-paid but not including                           efforts; ability to increase production
                                                    information on national or regional                     antidumping duties) of U.S. imports                   (including the shift of production
                                                    prices for the Domestic Like Product or                 and, if known, an estimate of the                     facilities used for other products and the
                                                    the Subject Merchandise in the U.S. or                  percentage of total U.S. imports of                   use, cost, or availability of major inputs
                                                    other markets.                                          Subject Merchandise from each Subject                 into production); and factors related to


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                                                    11224                           Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    the ability to shift supply among                        be assured of consideration, the                     Commission’s determination in any
                                                    different national markets (including                    deadline for responses is April 1, 2015.             expedited review will be based on the
                                                    barriers to importation in foreign                       Comments on the adequacy of responses                facts available, which may include
                                                    markets or changes in market demand                      may be filed with the Commission by                  information provided in response to this
                                                    abroad). Demand conditions to consider                   May 14, 2015. For further information                notice.
                                                    include end uses and applications; the                   concerning the conduct of this                          Definitions.—The following
                                                    existence and availability of substitute                 proceeding and rules of general                      definitions apply to this review:
                                                    products; and the level of competition                   application, consult the Commission’s                   (1) Subject Merchandise is the class or
                                                    among the Domestic Like Product                          Rules of Practice and Procedure, part                kind of merchandise that is within the
                                                    produced in the United States, Subject                   201, subparts A through E (19 CFR part               scope of the five-year review, as defined
                                                    Merchandise produced in each Subject                     201), and part 207, subparts A, D, E, and            by the Department of Commerce.
                                                    Country, and such merchandise from                       F (19 CFR part 207).                                    (2) The Subject Country in this review
                                                    other countries.                                         DATES: Effective Date: March 2, 2015.
                                                                                                                                                                  is Italy.
                                                       (13) (Optional) A statement of                                                                                (3) The Domestic Like Product is the
                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                    whether you agree with the above                                                                              domestically produced product or
                                                                                                             Mary Messer (202–205–3193), Office of                products which are like, or in the
                                                    definitions of the Domestic Like Product                 Investigations, U.S. International Trade
                                                    and Domestic Industry; if you disagree                                                                        absence of like, most similar in
                                                                                                             Commission, 500 E Street SW.,                        characteristics and uses with, the
                                                    with either or both of these definitions,                Washington, DC 20436. Hearing-                       Subject Merchandise. The Commission
                                                    please explain why and provide                           impaired persons can obtain                          did not make a like product
                                                    alternative definitions.                                 information on this matter by contacting             determination per se in its original
                                                      Authority: This proceeding is being                    the Commission’s TDD terminal on 202–                determination; however, the
                                                    conducted under authority of Title VII of the            205–1810. Persons with mobility                      Commission considered the U.S.
                                                    Tariff Act of 1930; this notice is published             impairments who will need special                    industry to consist of all domestic
                                                    pursuant to section 207.61 of the                        assistance in gaining access to the
                                                    Commission’s rules.
                                                                                                                                                                  facilities that were devoted to the
                                                                                                             Commission should contact the Office                 production of pressure sensitive plastic
                                                      By order of the Commission.                            of the Secretary at 202–205–2000.                    tape. In its expedited first and second
                                                      Issued: February 25, 2015.                             General information concerning the                   five-year review determinations and in
                                                    Lisa R. Barton,                                          Commission may also be obtained by                   its full third five-year review
                                                    Secretary to the Commission.                             accessing its internet server (http://               determinations, the Commission found
                                                    [FR Doc. 2015–04248 Filed 2–27–15; 8:45 am]
                                                                                                             www.usitc.gov). The public record for                that the appropriate definition of the
                                                                                                             this proceeding may be viewed on the                 Domestic Like Product was the same as
                                                    BILLING CODE 7020–02–P
                                                                                                             Commission’s electronic docket (EDIS)                Commerce’s scope: Pressure sensitive
                                                                                                             at http://edis.usitc.gov.                            plastic tape measuring over 13⁄8 inches
                                                    INTERNATIONAL TRADE                                      SUPPLEMENTARY INFORMATION:                           in width and not exceeding 4 mils in
                                                    COMMISSION                                                  Background.—On October 21, 1977,                  thickness.
                                                                                                             the Department of the Treasury issued                   (4) The Domestic Industry is the U.S.
                                                    [Investigation No. AA1921–167 (Fourth                    an antidumping finding on imports of                 producers as a whole of the Domestic
                                                    Review)]                                                 pressure sensitive plastic tape from Italy           Like Product, or those producers whose
                                                                                                             (42 FR 56110). Following first five-year             collective output of the Domestic Like
                                                    Pressure Sensitive Plastic Tape From
                                                                                                             reviews by Commerce and the                          Product constitutes a major proportion
                                                    Italy; Institution of a Five-Year Review
                                                                                                             Commission, effective February 17,                   of the total domestic production of the
                                                    AGENCY: United States International                      1999, Commerce issued a continuation                 product. In its original determination,
                                                    Trade Commission.                                        of the antidumping duty finding on                   its expedited first and second five-year
                                                    ACTION: Notice.                                          imports of pressure sensitive plastic                review determinations, and its full third
                                                                                                             tape from Italy (64 FR 51515, September              five-year review determinations, the
                                                    SUMMARY:   The Commission hereby gives                   23, 1999). Following second five-year                Commission defined the Domestic
                                                    notice that it has instituted a review                   reviews by Commerce and the                          Industry as all producers of pressure
                                                    pursuant to section 751(c) of the Tariff                 Commission, effective June 25, 2004,                 sensitive plastic tape.
                                                    Act of 1930 (19 U.S.C. 1675(c)) (the Act)                Commerce issued a second continuation                   (5) An Importer is any person or firm
                                                    to determine whether revocation of the                   of the antidumping duty finding on                   engaged, either directly or through a
                                                    antidumping duty finding on pressure                     imports of pressure sensitive plastic                parent company or subsidiary, in
                                                    sensitive plastic tape from Italy would                  tape from Italy (69 FR 35584). Following             importing the Subject Merchandise into
                                                    be likely to lead to continuation or                     third five-year reviews by Commerce                  the United States from a foreign
                                                    recurrence of material injury. Pursuant                  and the Commission, effective April 5,               manufacturer or through its selling
                                                    to section 751(c)(2) of the Act, interested              2010, Commerce issued a continuation                 agent.
                                                    parties are requested to respond to this                 of the antidumping duty finding on                      Participation in the proceeding and
                                                    notice by submitting the information                     imports of pressure sensitive plastic                public service list.—Persons, including
                                                    specified below to the Commission; 1 to                  tape from Italy (75 FR 17124). The                   industrial users of the Subject
                                                                                                             Commission is now conducting a fourth                Merchandise and, if the merchandise is
                                                                                                             review to determine whether revocation               sold at the retail level, representative
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                                                      1 No response to this request for information is

                                                    required if a currently valid Office of Management       of the finding would be likely to lead to            consumer organizations, wishing to
                                                    and Budget (OMB) number is not displayed; the
                                                    OMB number is 3117–0016/USITC No. 15–5–325,
                                                                                                             continuation or recurrence of material               participate in the proceeding as parties
                                                    expiration date June 30, 2017. Public reporting          injury to the domestic industry within               must file an entry of appearance with
                                                    burden for the request is estimated to average 15        a reasonably foreseeable time. It will               the Secretary to the Commission, as
                                                    hours per response. Please send comments                 assess the adequacy of interested party              provided in section 201.11(b)(4) of the
                                                    regarding the accuracy of this burden estimate to
                                                    the Office of Investigations, U.S. International Trade
                                                                                                             responses to this notice of institution to           Commission’s rules, no later than 21
                                                    Commission, 500 E Street SW., Washington, DC             determine whether to conduct a full                  days after publication of this notice in
                                                    20436.                                                   review or an expedited review. The                   the Federal Register. The Secretary will


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Document Created: 2015-12-18 12:07:24
Document Modified: 2015-12-18 12:07:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation80 FR 11221 

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