80_FR_11264 80 FR 11224 - Pressure Sensitive Plastic Tape From Italy; Institution of a Five-Year Review

80 FR 11224 - Pressure Sensitive Plastic Tape From Italy; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

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

Page Range11224-11226
FR Document2015-04252

The Commission hereby gives notice that it has instituted a review 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 finding on pressure sensitive plastic tape from Italy 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 11224-11226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04252]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. AA1921-167 (Fourth Review)]


Pressure Sensitive Plastic Tape From Italy; Institution of a 
Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review 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 finding on pressure sensitive plastic tape from Italy 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. 15-5-325, 
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 October 21, 1977, the Department of the Treasury 
issued an antidumping finding on imports of pressure sensitive plastic 
tape from Italy (42 FR 56110). Following first five-year reviews by 
Commerce and the Commission, effective February 17, 1999, Commerce 
issued a continuation of the antidumping duty finding on imports of 
pressure sensitive plastic tape from Italy (64 FR 51515, September 23, 
1999). Following second five-year reviews by Commerce and the 
Commission, effective June 25, 2004, Commerce issued a second 
continuation of the antidumping duty finding on imports of pressure 
sensitive plastic tape from Italy (69 FR 35584). Following third five-
year reviews by Commerce and the Commission, effective April 5, 2010, 
Commerce issued a continuation of the antidumping duty finding on 
imports of pressure sensitive plastic tape from Italy (75 FR 17124). 
The Commission is now conducting a fourth review to determine whether 
revocation of the finding 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 a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Italy.
    (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. The Commission 
did not make a like product determination per se in its original 
determination; however, the Commission considered the U.S. industry to 
consist of all domestic facilities that were devoted to the production 
of pressure sensitive plastic tape. In its expedited first and second 
five-year review determinations and in its full third five-year review 
determinations, the Commission found that the appropriate definition of 
the Domestic Like Product was the same as Commerce's scope: Pressure 
sensitive plastic tape measuring over 1\3/8\ inches in width and not 
exceeding 4 mils in thickness.
    (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 determination, its 
expedited first and second five-year review determinations, and its 
full third five-year review determinations, the Commission defined the 
Domestic Industry as all producers of pressure sensitive plastic tape.
    (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

[[Page 11225]]

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 an expedited or full review. 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 determination in the review.
    Information To Be Provided In Response to this Notice of 
Institution: 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 finding 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 in the 
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

[[Page 11226]]

operations on that product during calendar year 2014, except as noted 
(report quantity data in square yards 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 the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2014 (report quantity data in square yards 
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 the 
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 the 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 the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2014 (report quantity 
data in square yards 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 the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the 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 the 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 the 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 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 the 
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. 2015-04252 Filed 2-27-15; 8:45 am]
BILLING CODE 7020-02-P



                                                    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
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      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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                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                              11225

                                                    maintain a public service list containing               reviews or investigations of the same or                 Information To Be Provided In
                                                    the names and addresses of all persons,                 comparable products which the                         Response to this Notice of Institution:
                                                    or their representatives, who are parties               Commission conducts under Title VII of                As used below, the term ‘‘firm’’ includes
                                                    to the proceeding.                                      the Act, or in internal audits and                    any related firms.
                                                       Former Commission employees who                      investigations relating to the programs                  (1) The name and address of your firm
                                                    are seeking to appear in Commission                     and operations of the Commission                      or entity (including World Wide Web
                                                    five-year reviews are advised that they                 pursuant to 5 U.S.C. Appendix 3.                      address) and name, telephone number,
                                                    may appear in a review even if they                        Written submissions.—Pursuant to                   fax number, and Email address of the
                                                    participated personally and                             section 207.61 of the Commission’s                    certifying official.
                                                    substantially in the corresponding                      rules, each interested party response to                 (2) A statement indicating whether
                                                    underlying original investigation or an                 this notice must provide the information              your firm/entity is a U.S. producer of
                                                    earlier review of the same underlying                   specified below. The deadline for filing              the Domestic Like Product, a U.S. union
                                                    investigation. The Commission’s                         such responses is April 1, 2015.                      or worker group, a U.S. importer of the
                                                    designated agency ethics official has                   Pursuant to section 207.62(b) of the                  Subject Merchandise, a foreign producer
                                                    advised that a five-year review is not the              Commission’s rules, eligible parties (as              or exporter of the Subject Merchandise,
                                                    same particular matter as the underlying                specified in Commission rule                          a U.S. or foreign trade or business
                                                    original investigation, and a five-year                 207.62(b)(1)) may also file comments                  association, or another interested party
                                                    review is not the same particular matter                concerning the adequacy of responses to               (including an explanation). If you are a
                                                    as an earlier review of the same                        the notice of institution and whether the             union/worker group or trade/business
                                                    underlying investigation for purposes of                Commission should conduct an                          association, identify the firms in which
                                                    18 U.S.C. 207, the post employment                      expedited or full review. The deadline                your workers are employed or which are
                                                    statute for Federal employees, and                      for filing such comments is May 14,                   members of your association.
                                                    Commission rule 201.15(b) (19 CFR                       2015. All written submissions must                       (3) A statement indicating whether
                                                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 conform with the provisions of sections               your firm/entity is willing to participate
                                                    73 FR 24609 (May 5, 2008).                              201.8 and 207.3 of the Commission’s                   in this proceeding by providing
                                                    Consequently, former employees are not                  rules and any submissions that contain                information requested by the
                                                    required to seek Commission approval                    BPI must also conform with the                        Commission.
                                                    to appear in a review under Commission                  requirements of sections 201.6 and                       (4) A statement of the likely effects of
                                                    rule 19 CFR 201.15, even if the                         207.7 of the Commission’s rules. Please               the revocation of the antidumping duty
                                                    corresponding underlying original                       be aware that the Commission’s rules                  finding on the Domestic Industry in
                                                    investigation or an earlier review of the               with respect to filing have changed. The              general and/or your firm/entity
                                                    same underlying investigation was                       most recent amendments took effect on                 specifically. In your response, please
                                                    pending when they were Commission                       July 25, 2014. See 79 FR 35920 (June 25,              discuss the various factors specified in
                                                    employees. For further ethics advice on                 2014), and the revised Commission                     section 752(a) of the Act (19 U.S.C.
                                                    this matter, contact Carol McCue                        Handbook on E-filing, available from the              1675a(a)) including the likely volume of
                                                    Verratti, Deputy Agency Ethics Official,                Commission’s Web site at http://                      subject imports, likely price effects of
                                                    at 202–205–3088.                                        edis.usitc.gov. Also, in accordance with              subject imports, and likely impact of
                                                       Limited disclosure of business                       sections 201.16(c) and 207.3 of the                   imports of Subject Merchandise on the
                                                    proprietary information (BPI) under an                  Commission’s rules, each document                     Domestic Industry.
                                                    administrative protective order (APO)                   filed by a party to the proceeding must                  (5) A list of all known and currently
                                                    and APO service list.—Pursuant to                       be served on all other parties to the                 operating U.S. producers of the
                                                    section 207.7(a) of the Commission’s                    proceeding (as identified by either the               Domestic Like Product. Identify any
                                                    rules, the Secretary will make BPI                      public or APO service list as                         known related parties and the nature of
                                                    submitted in this proceeding available                  appropriate), and a certificate of service            the relationship as defined in section
                                                    to authorized applicants under the APO                  must accompany the document (if you                   771(4)(B) of the Act (19 U.S.C.
                                                    issued in the proceeding, provided that                 are not a party to the proceeding you do              1677(4)(B)).
                                                    the application is made no later than 21                not need to serve your response).                        (6) A list of all known and currently
                                                    days after publication of this notice in                   Inability to provide requested                     operating U.S. importers of the Subject
                                                    the Federal Register. Authorized                        information.—Pursuant to section                      Merchandise and producers of the
                                                    applicants must represent interested                    207.61(c) of the Commission’s rules, any              Subject Merchandise in the Subject
                                                    parties, as defined in 19 U.S.C. 1677(9),               interested party that cannot furnish the              Country that currently export or have
                                                    who are parties to the proceeding. A                    information requested by this notice in               exported Subject Merchandise to the
                                                    separate service list will be maintained                the requested form and manner shall                   United States or other countries after
                                                    by the Secretary for those parties                      notify the Commission at the earliest                 2008.
                                                    authorized to receive BPI under the                     possible time, provide a full explanation                (7) A list of 3–5 leading purchasers in
                                                    APO.                                                    of why it cannot provide the requested                the U.S. market for the Domestic Like
                                                       Certification.—Pursuant to section                   information, and indicate alternative                 Product and the Subject Merchandise
                                                    207.3 of the Commission’s rules, any                    forms in which it can provide                         (including street address, World Wide
                                                    person submitting information to the                    equivalent information. If an interested              Web address, and the name, telephone
                                                    Commission in connection with this                      party does not provide this notification              number, fax number, and Email address
                                                    proceeding must certify that the                        (or the Commission finds the
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                                                                                                                                                                  of a responsible official at each firm).
                                                    information is accurate and complete to                 explanation provided in the notification                 (8) A list of known sources of
                                                    the best of the submitter’s knowledge. In               inadequate) and fails to provide a                    information on national or regional
                                                    making the certification, the submitter                 complete response to this notice, the                 prices for the Domestic Like Product or
                                                    will be deemed to consent, unless                       Commission may take an adverse                        the Subject Merchandise in the U.S. or
                                                    otherwise specified, for the                            inference against the party pursuant to               other markets.
                                                    Commission, its employees, and                          section 776(b) of the Act (19 U.S.C.                     (9) If you are a U.S. producer of the
                                                    contract personnel to use the                           1677e(b)) in making its determination in              Domestic Like Product, provide the
                                                    information provided in any other                       the review.                                           following information on your firm’s


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                                                    11226                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    operations on that product during                       Merchandise imported from the Subject                 include end uses and applications; the
                                                    calendar year 2014, except as noted                     Country; and                                          existence and availability of substitute
                                                    (report quantity data in square yards                      (c) the quantity and value (f.o.b. U.S.            products; and the level of competition
                                                    and value data in U.S. dollars, f.o.b.                  port, including antidumping duties) of                among the Domestic Like Product
                                                    plant). If you are a union/worker group                 U.S. internal consumption/company                     produced in the United States, Subject
                                                    or trade/business association, provide                  transfers of Subject Merchandise                      Merchandise produced in the Subject
                                                    the information, on an aggregate basis,                 imported from the Subject Country.                    Country, and such merchandise from
                                                    for the firms in which your workers are                    (11) If you are a producer, an exporter,           other countries.
                                                    employed/which are members of your                      or a trade/business association of                       (13) (Optional) A statement of
                                                    association.                                            producers or exporters of the Subject                 whether you agree with the above
                                                       (a) Production (quantity) and, if                    Merchandise in the Subject Country,                   definitions of the Domestic Like Product
                                                    known, an estimate of the percentage of                 provide the following information on                  and Domestic Industry; if you disagree
                                                    total U.S. production of the Domestic                   your firm’s(s’) operations on that                    with either or both of these definitions,
                                                    Like Product accounted for by your                      product during calendar year 2014                     please explain why and provide
                                                    firm’s(s’) production;                                  (report quantity data in square yards                 alternative definitions.
                                                       (b) Capacity (quantity) of your firm to              and value data in U.S. dollars, landed
                                                    produce the Domestic Like Product (i.e.,                and duty-paid at the U.S. port but not                  Authority: This proceeding is being
                                                                                                                                                                  conducted under authority of Title VII of the
                                                    the level of production that your                       including antidumping duties). If you                 Tariff Act of 1930; this notice is published
                                                    establishment(s) could reasonably have                  are a trade/business association, provide             pursuant to section 207.61 of the
                                                    expected to attain during the year,                     the information, on an aggregate basis,               Commission’s rules.
                                                    assuming normal operating conditions                    for the firms which are members of your
                                                                                                                                                                    By order of the Commission.
                                                    (using equipment and machinery in                       association.
                                                    place and ready to operate), normal                        (a) Production (quantity) and, if                    Issued: February 25, 2015.
                                                    operating levels (hours per week/weeks                  known, an estimate of the percentage of               Lisa R. Barton,
                                                    per year), time for downtime,                           total production of Subject Merchandise               Secretary to the Commission.
                                                    maintenance, repair, and cleanup, and a                 in the Subject Country accounted for by               [FR Doc. 2015–04252 Filed 2–27–15; 8:45 am]
                                                    typical or representative product mix);                 your firm’s(s’) production;                           BILLING CODE 7020–02–P
                                                       (c) the quantity and value of U.S.                      (b) Capacity (quantity) of your firm(s)
                                                    commercial shipments of the Domestic                    to produce the Subject Merchandise in
                                                    Like Product produced in your U.S.                      the Subject Country (i.e., the level of               INTERNATIONAL TRADE
                                                    plant(s);                                               production that your establishment(s)                 COMMISSION
                                                       (d) the quantity and value of U.S.                   could reasonably have expected to
                                                                                                            attain during the year, assuming normal               [Investigation No. 731–1059 (Second
                                                    internal consumption/company                                                                                  Review)]
                                                    transfers of the Domestic Like Product                  operating conditions (using equipment
                                                    produced in your U.S. plant(s); and                     and machinery in place and ready to                   Hand Trucks and Certain Parts Thereof
                                                       (e) the value of (i) net sales, (ii) cost            operate), normal operating levels (hours              From China; Institution of a Five-Year
                                                    of goods sold (COGS), (iii) gross profit,               per week/weeks per year), time for                    Review
                                                    (iv) selling, general and administrative                downtime, maintenance, repair, and
                                                    (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              AGENCY: United States International
                                                    income of the Domestic Like Product                     product mix); and                                     Trade Commission.
                                                    produced in your U.S. plant(s) (include                    (c) the quantity and value of your                 ACTION: Notice.
                                                    both U.S. and export commercial sales,                  firm’s(s’) exports to the United States of
                                                    internal consumption, and company                       Subject Merchandise and, if known, an                 SUMMARY:   The Commission hereby gives
                                                    transfers) for your most recently                       estimate of the percentage of total                   notice that it has instituted a review
                                                    completed fiscal year (identify the date                exports to the United States of Subject               pursuant to section 751(c) of the Tariff
                                                    on which your fiscal year ends).                        Merchandise from the Subject Country                  Act of 1930 (19 U.S.C. 1675(c)) (the Act)
                                                       (10) If you are a U.S. importer or a                 accounted for by your firm’s(s’) exports.             to determine whether revocation of the
                                                    trade/business association of U.S.                         (12) Identify significant changes, if              antidumping duty order on hand trucks
                                                    importers of the Subject Merchandise                    any, in the supply and demand                         and certain parts thereof from China
                                                    from the Subject Country, provide the                   conditions or business cycle for the                  would be likely to lead to continuation
                                                    following information on your firm’s(s’)                Domestic Like Product that have                       or recurrence of material injury.
                                                    operations on that product during                       occurred in the United States or in the               Pursuant to section 751(c)(2) of the Act,
                                                    calendar year 2014 (report quantity data                market for the Subject Merchandise in                 interested parties are requested to
                                                    in square yards and value data in U.S.                  the Subject Country after 2008, and                   respond to this notice by submitting the
                                                    dollars). If you are a trade/business                   significant changes, if any, that are                 information specified below to the
                                                    association, provide the information, on                likely to occur within a reasonably                   Commission; 1 to be assured of
                                                    an aggregate basis, for the firms which                 foreseeable time. Supply conditions to                consideration, the deadline for
                                                    are members of your association.                        consider include technology;                          responses is April 1, 2015. Comments
                                                       (a) The quantity and value (landed,                  production methods; development                       on the adequacy of responses may be
                                                    duty-paid but not including                             efforts; ability to increase production
                                                    antidumping duties) of U.S. imports                     (including the shift of production
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                                                                                                                                                                    1 No response to this request for information is

                                                    and, if known, an estimate of the                       facilities used for other products and the            required if a currently valid Office of Management
                                                                                                                                                                  and Budget (OMB) number is not displayed; the
                                                    percentage of total U.S. imports of                     use, cost, or availability of major inputs            OMB number is 3117–0016/USITC No. 15–5–326,
                                                    Subject Merchandise from the Subject                    into production); and factors related to              expiration date June 30, 2017. Public reporting
                                                    Country accounted for by your firm’s(s’)                the ability to shift supply among                     burden for the request is estimated to average 15
                                                    imports;                                                different national markets (including                 hours per response. Please send comments
                                                                                                                                                                  regarding the accuracy of this burden estimate to
                                                       (b) the quantity and value (f.o.b. U.S.              barriers to importation in foreign                    the Office of Investigations, U.S. International Trade
                                                    port, including antidumping duties) of                  markets or changes in market demand                   Commission, 500 E Street SW., Washington, DC
                                                    U.S. commercial shipments of Subject                    abroad). Demand conditions to consider                20436.



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Document Created: 2015-12-18 12:07:34
Document Modified: 2015-12-18 12:07:34
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 11224 

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