80_FR_17558 80 FR 17496 - Chloropicrin From China; Institution of a Five-Year Review

80 FR 17496 - Chloropicrin From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 62 (April 1, 2015)

Page Range17496-17499
FR Document2015-06940

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 order on chloropicrin from China 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 May 1, 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 62 (Wednesday, April 1, 2015)
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17496-17499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06940]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-130 (Fourth Review)]


Chloropicrin From China; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

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 order on chloropicrin from China 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 May 1, 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. 15-5-327, 
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.

DATES: Effective April 1, 2015. Comments on the adequacy of responses 
---------------------------------------------------------------------------
may be filed with the Commission by June 15, 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 March 22, 1984, the Department of Commerce issued 
an antidumping duty order on imports of chloropicrin from China (49 FR 
10691). Following first five-year reviews by Commerce and the 
Commission, effective April 14, 1999, Commerce issued a continuation of 
the antidumping duty order on imports of chloropicrin from China (64 FR 
42655, August 15, 1999). Following second five-year reviews by Commerce 
and the Commission, effective August 23, 2004, Commerce issued a 
continuation of the antidumping duty order on imports of chloropicrin 
from China (69 FR 51811). Following third five-year reviews by Commerce 
and the Commission, effective May 18, 2010, Commerce issued a 
continuation of the antidumping duty order on imports of chloropicrin 
from China (75 FR 27704). The Commission is now conducting a fourth 
review to determine whether revocation of the order 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

[[Page 17497]]

scope of the five-year review, as defined by the Department of 
Commerce.
    (2) The Subject Country in this review is China.
    (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 
determination, its expedited first and second five-year review 
determinations, and its full third five-year review determination, the 
Commission defined the Domestic Like Product as chloropicrin.
    (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 determination, the Commission defined the 
Domestic Industry as all U.S. producers of chloropicrin.
    (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 May 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 June 15, 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

[[Page 17498]]

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 order 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 operations on that 
product during calendar year 2014, except as noted (report quantity 
data in pounds 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 pounds 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 pounds 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.


[[Page 17499]]


    By order of the Commission.

    Issued: March 23, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-06940 Filed 3-31-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                  17496                         Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices

                                                  the Commission determined that it                       (as identified by either the public or BPI               201), and part 207, subparts A, D, E, and
                                                  would conduct expedited reviews                         service list), and a certificate of service              F (19 CFR part 207).
                                                  pursuant to section 751(c)(3) of the Act.               must be timely filed. The Secretary will                 DATES: Effective April 1, 2015.
                                                     Staff report.—A staff report                         not accept a document for filing without                 Comments on the adequacy of responses
                                                  containing information concerning the                   a certificate of service.                                may be filed with the Commission by
                                                  subject matter of the reviews will be                     Determination.—The Commission has                      June 15, 2015.
                                                  placed in the nonpublic record on                       determined these reviews are                             FOR FURTHER INFORMATION CONTACT:
                                                  Wednesday, April 2, 2015, and made                      extraordinarily complicated and                          Mary Messer (202–205–3193), Office of
                                                  available to persons on the                             therefore has determined to exercise its                 Investigations, U.S. International Trade
                                                  Administrative Protective Order service                 authority to extend the review period by                 Commission, 500 E Street SW.,
                                                  list for these reviews. A public version                up to 90 days pursuant to 19 U.S.C.                      Washington, DC 20436. Hearing-
                                                  will be issued thereafter, pursuant to                  1675(c)(5)(B).                                           impaired persons can obtain
                                                  section 207.62(d)(4) of the                                                                                      information on this matter by contacting
                                                                                                            Authority: These reviews are being
                                                  Commission’s rules.                                     conducted under authority of title VII of the            the Commission’s TDD terminal on 202–
                                                     Written submissions.—As provided in                  Tariff Act of 1930; this notice is published             205–1810. Persons with mobility
                                                  section 207.62(d) of the Commission’s                   pursuant to section 207.62 of the
                                                  rules, interested parties that are parties                                                                       impairments who will need special
                                                                                                          Commission’s rules.                                      assistance in gaining access to the
                                                  to the reviews and that have provided
                                                  individually adequate responses to the                    By order of the Commission.                            Commission should contact the Office
                                                  notice of institution,2 and any party                     Issued: March 27, 2015.                                of the Secretary at 202–205–2000.
                                                  other than an interested party to the                   Lisa R. Barton,                                          General information concerning the
                                                  reviews may file written comments with                  Secretary to the Commission.                             Commission may also be obtained by
                                                  the Secretary on what determination the                 [FR Doc. 2015–07430 Filed 3–31–15; 8:45 am]
                                                                                                                                                                   accessing its Internet server (http://
                                                  Commission should reach in these                                                                                 www.usitc.gov). The public record for
                                                                                                          BILLING CODE 7020–02–P
                                                  reviews. Comments are due on or before                                                                           this proceeding may be viewed on the
                                                  Monday, April 7, 2015 and may not                                                                                Commission’s electronic docket (EDIS)
                                                  contain new factual information. Any                    INTERNATIONAL TRADE                                      at http://edis.usitc.gov.
                                                  person that is neither a party to the five-             COMMISSION                                               SUPPLEMENTARY INFORMATION:
                                                  year reviews nor an interested party                                                                                Background.—On March 22, 1984, the
                                                  may submit a brief written statement                                                                             Department of Commerce issued an
                                                                                                          [Investigation No. 731–TA–130 (Fourth
                                                  (which shall not contain any new                        Review)]                                                 antidumping duty order on imports of
                                                  factual information) pertinent to the                                                                            chloropicrin from China (49 FR 10691).
                                                  review by Monday, April 7, 2015.                        Chloropicrin From China; Institution of                  Following first five-year reviews by
                                                  However, should the Department of                       a Five-Year Review                                       Commerce and the Commission,
                                                  Commerce extend the time limit for its                                                                           effective April 14, 1999, Commerce
                                                  completion of the final results of its                  AGENCY: United States International                      issued a continuation of the
                                                  reviews, the deadline for comments                      Trade Commission.                                        antidumping duty order on imports of
                                                  (which may not contain new factual                      ACTION: Notice.                                          chloropicrin from China (64 FR 42655,
                                                  information) on Commerce’s final                                                                                 August 15, 1999). Following second
                                                  results is three business days after the                SUMMARY:   The Commission hereby gives                   five-year reviews by Commerce and the
                                                  issuance of Commerce’s results. If                      notice that it has instituted a review                   Commission, effective August 23, 2004,
                                                  comments contain business proprietary                   pursuant to section 751(c) of the Tariff                 Commerce issued a continuation of the
                                                  information (BPI), they must conform                    Act of 1930 (19 U.S.C. 1675(c)) (the Act)                antidumping duty order on imports of
                                                  with the requirements of sections 201.6,                to determine whether revocation of the                   chloropicrin from China (69 FR 51811).
                                                  207.3, and 207.7 of the Commission’s                    antidumping duty order on chloropicrin                   Following third five-year reviews by
                                                  rules. Please be aware that the                         from China would be likely to lead to                    Commerce and the Commission,
                                                  Commission’s rules with respect to                      continuation or recurrence of material                   effective May 18, 2010, Commerce
                                                  filing have changed. The most recent                    injury. Pursuant to section 751(c)(2) of                 issued a continuation of the
                                                  amendments took effect on July 25,                      the Act, interested parties are requested                antidumping duty order on imports of
                                                  2014. See 79 FR 35920 (June 25, 2014),                  to respond to this notice by submitting                  chloropicrin from China (75 FR 27704).
                                                  and the revised Commission Handbook                     the information specified below to the                   The Commission is now conducting a
                                                  on E-filing, available from the                         Commission; 1 to be assured of                           fourth review to determine whether
                                                  Commission’s Web site at http://                        consideration, the deadline for                          revocation of the order would be likely
                                                  edis.usitc.gov.                                         responses is May 1, 2015. For further                    to lead to continuation or recurrence of
                                                     In accordance with sections 201.16(c)                information concerning the conduct of                    material injury to the domestic industry
                                                  and 207.3 of the rules, each document                   this proceeding and rules of general                     within a reasonably foreseeable time. It
                                                  filed by a party to the reviews must be                 application, consult the Commission’s                    will assess the adequacy of interested
                                                  served on all other parties to the reviews              Rules of Practice and Procedure, part                    party responses to this notice of
                                                                                                          201, subparts A through E (19 CFR part                   institution to determine whether to
                                                  individual Commissioner’s statements will be                                                                     conduct a full review or an expedited
                                                  available from the Office of the Secretary and at the     1 No response to this request for information is
                                                                                                                                                                   review. The Commission’s
                                                  Commission’s Web site.                                  required if a currently valid Office of Management
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    2 The Commission has found the responses
                                                                                                                                                                   determination in any expedited review
                                                                                                          and Budget (OMB) number is not displayed; the
                                                  submitted by United States Steel Corporation;           OMB number is 3117–0016/USITC No. 15–5–327,              will be based on the facts available,
                                                  Maverick Tube Corporation; Boomerang Tube LLC;          expiration date June 30, 2017. Public reporting          which may include information
                                                  Tejas Tubular Products; Energex Tube, a division of     burden for the request is estimated to average 15        provided in response to this notice.
                                                  JMC Steel Group; Vallourec Star L.P.; Welded Tube       hours per response. Please send comments                    Definitions.—The following
                                                  USA Inc.; EVRAZ Rocky Mountain Steel; and TMK           regarding the accuracy of this burden estimate to
                                                  IPSCO to be individually adequate. Comments from        the Office of Investigations, U.S. International Trade   definitions apply to this review:
                                                  other interested parties will not be accepted (see 19   Commission, 500 E Street SW., Washington, DC                (1) Subject Merchandise is the class or
                                                  CFR 207.62(d)(2)).                                      20436.                                                   kind of merchandise that is within the


                                             VerDate Sep<11>2014   18:37 Mar 31, 2015   Jkt 235001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\01APN1.SGM   01APN1


                                                                                Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices                                           17497

                                                  scope of the five-year review, as defined               18 U.S.C. 207, the post employment                    The deadline for filing such comments
                                                  by the Department of Commerce.                          statute for Federal employees, and                    is June 15, 2015. All written
                                                     (2) The Subject Country in this review               Commission rule 201.15(b) (19 CFR                     submissions must conform with the
                                                  is China.                                               201.15(b)), 79 FR 3246 (Jan. 17, 2014),               provisions of sections 201.8 and 207.3
                                                     (3) The Domestic Like Product is the                 73 FR 24609 (May 5, 2008).                            of the Commission’s rules and any
                                                  domestically produced product or                        Consequently, former employees are not                submissions that contain BPI must also
                                                  products which are like, or in the                      required to seek Commission approval                  conform with the requirements of
                                                  absence of like, most similar in                        to appear in a review under Commission                sections 201.6 and 207.7 of the
                                                  characteristics and uses with, the                      rule 19 CFR 201.15, even if the                       Commission’s rules. Please be aware
                                                  Subject Merchandise. In its original                    corresponding underlying original                     that the Commission’s rules with
                                                  determination, its expedited first and                  investigation or an earlier review of the             respect to filing have changed. The most
                                                  second five-year review determinations,                 same underlying investigation was                     recent amendments took effect on July
                                                  and its full third five-year review                     pending when they were Commission                     25, 2014. See 79 FR 35920 (June 25,
                                                  determination, the Commission defined                   employees. For further ethics advice on               2014), and the revised Commission
                                                  the Domestic Like Product as                            this matter, contact Carol McCue                      Handbook on E-filing, available from the
                                                  chloropicrin.                                           Verratti, Deputy Agency Ethics Official,              Commission’s Web site at http://
                                                     (4) The Domestic Industry is the U.S.                at 202–205–3088.                                      edis.usitc.gov. Also, in accordance with
                                                  producers as a whole of the Domestic                       Limited disclosure of business                     sections 201.16(c) and 207.3 of the
                                                  Like Product, or those producers whose                  proprietary information (BPI) under an                Commission’s rules, each document
                                                  collective output of the Domestic Like                  administrative protective order (APO)                 filed by a party to the proceeding must
                                                  Product constitutes a major proportion                  and APO service list.—Pursuant to                     be served on all other parties to the
                                                  of the total domestic production of the                 section 207.7(a) of the Commission’s                  proceeding (as identified by either the
                                                  product. In its original determination,                 rules, the Secretary will make BPI                    public or APO service list as
                                                  its expedited first and second five-year                submitted in this proceeding available                appropriate), and a certificate of service
                                                  review determinations, and its full third               to authorized applicants under the APO                must accompany the document (if you
                                                  five-year review determination, the                     issued in the proceeding, provided that               are not a party to the proceeding you do
                                                  Commission defined the Domestic                         the application is made no later than 21              not need to serve your response).
                                                  Industry as all U.S. producers of                       days after publication of this notice in                 Inability to provide requested
                                                  chloropicrin.                                           the Federal Register. Authorized                      information.—Pursuant to section
                                                     (5) An Importer is any person or firm                applicants must represent interested                  207.61(c) of the Commission’s rules, any
                                                  engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),             interested party that cannot furnish the
                                                  parent company or subsidiary, in                        who are parties to the proceeding. A                  information requested by this notice in
                                                  importing the Subject Merchandise into                  separate service list will be maintained              the requested form and manner shall
                                                  the United States from a foreign                        by the Secretary for those parties                    notify the Commission at the earliest
                                                  manufacturer or through its selling                     authorized to receive BPI under the                   possible time, provide a full explanation
                                                  agent.                                                  APO.                                                  of why it cannot provide the requested
                                                     Participation in the proceeding and                     Certification.—Pursuant to section                 information, and indicate alternative
                                                  public service list.—Persons, including                 207.3 of the Commission’s rules, any                  forms in which it can provide
                                                  industrial users of the Subject                         person submitting information to the                  equivalent information. If an interested
                                                  Merchandise and, if the merchandise is                  Commission in connection with this                    party does not provide this notification
                                                  sold at the retail level, representative                proceeding must certify that the                      (or the Commission finds the
                                                  consumer organizations, wishing to                      information is accurate and complete to               explanation provided in the notification
                                                  participate in the proceeding as parties                the best of the submitter’s knowledge. In             inadequate) and fails to provide a
                                                  must file an entry of appearance with                   making the certification, the submitter               complete response to this notice, the
                                                  the Secretary to the Commission, as                     will be deemed to consent, unless                     Commission may take an adverse
                                                  provided in section 201.11(b)(4) of the                 otherwise specified, for the                          inference against the party pursuant to
                                                  Commission’s rules, no later than 21                    Commission, its employees, and                        section 776(b) of the Act (19 U.S.C.
                                                  days after publication of this notice in                contract personnel to use the                         1677e(b)) in making its determination in
                                                  the Federal Register. The Secretary will                information provided in any other                     the review.
                                                  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
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                                                  investigation. The Commission’s                         such responses is May 1, 2015. Pursuant               or worker group, a U.S. importer of the
                                                  designated agency ethics official has                   to section 207.62(b) of the Commission’s              Subject Merchandise, a foreign producer
                                                  advised that a five-year review is not the              rules, eligible parties (as specified in              or exporter of the Subject Merchandise,
                                                  same particular matter as the underlying                Commission rule 207.62(b)(1)) may also                a U.S. or foreign trade or business
                                                  original investigation, and a five-year                 file comments concerning the adequacy                 association, or another interested party
                                                  review is not the same particular matter                of responses to the notice of institution             (including an explanation). If you are a
                                                  as an earlier review of the same                        and whether the Commission should                     union/worker group or trade/business
                                                  underlying investigation for purposes of                conduct an expedited or full review.                  association, identify the firms in which


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                                                  17498                         Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices

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



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                                                                                 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices                                          17499

                                                    By order of the Commission.                            Commission should contact the Office                 parent company or subsidiary, in
                                                    Issued: March 23, 2015.                                of the Secretary at 202–205–2000.                    importing the Subject Merchandise into
                                                  William R. Bishop,                                       General information concerning the                   the United States from a foreign
                                                  Supervisory Hearings and Information                     Commission may also be obtained by                   manufacturer or through its selling
                                                  Officer.                                                 accessing its internet server (http://               agent.
                                                  [FR Doc. 2015–06940 Filed 3–31–15; 8:45 am]              www.usitc.gov). The public record for                   Participation in the proceeding and
                                                  BILLING CODE 7020–02–P
                                                                                                           this proceeding may be viewed on the                 public service list.—Persons, including
                                                                                                           Commission’s electronic docket (EDIS)                industrial users of the Subject
                                                                                                           at http://edis.usitc.gov.                            Merchandise and, if the merchandise is
                                                  INTERNATIONAL TRADE                                      SUPPLEMENTARY INFORMATION:                           sold at the retail level, representative
                                                  COMMISSION                                                  Background.—On January 25, 2005,                  consumer organizations, wishing to
                                                                                                           the Department of Commerce issued an                 participate in the proceeding as parties
                                                  [Investigation No. 731–TA–1070A (Second                                                                       must file an entry of appearance with
                                                  Review)]                                                 antidumping duty order on imports of
                                                                                                           certain crepe paper products from China              the Secretary to the Commission, as
                                                                                                           (70 FR 3509). Following first five-year              provided in section 201.11(b)(4) of the
                                                  Crepe Paper From China; Institution of
                                                                                                           reviews by Commerce and the                          Commission’s rules, no later than 21
                                                  a Five-Year Review                                                                                            days after publication of this notice in
                                                                                                           Commission, effective May 13, 2010,
                                                  AGENCY: United States International                      Commerce issued a continuation of the                the Federal Register. The Secretary will
                                                  Trade Commission.                                                                                             maintain a public service list containing
                                                                                                           antidumping duty order on imports of
                                                  ACTION: Notice.
                                                                                                                                                                the names and addresses of all persons,
                                                                                                           crepe paper from China (75 FR 26919).
                                                                                                                                                                or their representatives, who are parties
                                                                                                           The Commission is now conducting a
                                                  SUMMARY:   The Commission hereby gives                                                                        to the proceeding.
                                                                                                           second review to determine whether                      Former Commission employees who
                                                  notice that it has instituted a review                   revocation of the order would be likely
                                                  pursuant to section 751(c) of the Tariff                                                                      are seeking to appear in Commission
                                                                                                           to lead to continuation or recurrence of             five-year reviews are advised that they
                                                  Act of 1930 (19 U.S.C. 1675(c)) (the Act)                material injury to the domestic industry
                                                  to determine whether revocation of the                                                                        may appear in a review even if they
                                                                                                           within a reasonably foreseeable time. It             participated personally and
                                                  antidumping duty order on crepe paper                    will assess the adequacy of interested
                                                  from China would be likely to lead to                                                                         substantially in the corresponding
                                                                                                           party responses to this notice of                    underlying original investigation or an
                                                  continuation or recurrence of material                   institution to determine whether to
                                                  injury. Pursuant to section 751(c)(2) of                                                                      earlier review of the same underlying
                                                                                                           conduct a full review or an expedited                investigation. The Commission’s
                                                  the Act, interested parties are requested                review. The Commission’s
                                                  to respond to this notice by submitting                                                                       designated agency ethics official has
                                                                                                           determination in any expedited review                advised that a five-year review is not the
                                                  the information specified below to the                   will be based on the facts available,
                                                  Commission; 1 to be assured of                                                                                same particular matter as the underlying
                                                                                                           which may include information                        original investigation, and a five-year
                                                  consideration, the deadline for                          provided in response to this notice.
                                                  responses is May 1, 2015. Comments on                                                                         review is not the same particular matter
                                                                                                              Definitions.—The following                        as an earlier review of the same
                                                  the adequacy of responses may be filed                   definitions apply to this review:
                                                  with the Commission by June 15, 2015.                                                                         underlying investigation for purposes of
                                                                                                              (1) Subject Merchandise is the class or           18 U.S.C. 207, the post employment
                                                  For further information concerning the                   kind of merchandise that is within the
                                                  conduct of this proceeding and rules of                                                                       statute for Federal employees, and
                                                                                                           scope of the five-year review, as defined            Commission rule 201.15(b) (19 CFR
                                                  general application, consult the                         by the Department of Commerce.
                                                  Commission’s Rules of Practice and                                                                            201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                                                                              (2) The Subject Country in this review            73 FR 24609 (May 5, 2008).
                                                  Procedure, part 201, subparts A through                  is China.
                                                  E (19 CFR part 201), and part 207,                                                                            Consequently, former employees are not
                                                                                                              (3) The Domestic Like Product is the              required to seek Commission approval
                                                  subparts A, D, E, and F (19 CFR part                     domestically produced product or
                                                  207).                                                                                                         to appear in a review under Commission
                                                                                                           products which are like, or in the                   rule 19 CFR 201.15, even if the
                                                  DATES: Effective Date: April 1, 2015.                    absence of like, most similar in                     corresponding underlying original
                                                  FOR FURTHER INFORMATION CONTACT:                         characteristics and uses with, the                   investigation or an earlier review of the
                                                  Mary Messer (202–205–3193), Office of                    Subject Merchandise. In its original                 same underlying investigation was
                                                  Investigations, U.S. International Trade                 determination and its expedited first                pending when they were Commission
                                                  Commission, 500 E Street SW.,                            five-year review determination, the                  employees. For further ethics advice on
                                                  Washington, DC 20436. Hearing-                           Commission defined the Domestic Like                 this matter, contact Carol McCue
                                                  impaired persons can obtain                              Product as crepe paper, coextensive                  Verratti, Deputy Agency Ethics Official,
                                                  information on this matter by contacting                 with Commerce’s scope.                               at 202–205–3088.
                                                  the Commission’s TDD terminal on 202–                       (4) The Domestic Industry is the U.S.                Limited disclosure of business
                                                  205–1810. Persons with mobility                          producers as a whole of the Domestic                 proprietary information (BPI) under an
                                                  impairments who will need special                        Like Product, or those producers whose               administrative protective order (APO)
                                                  assistance in gaining access to the                      collective output of the Domestic Like               and APO service list.—Pursuant to
                                                                                                           Product constitutes a major proportion               section 207.7(a) of the Commission’s
                                                    1 No response to this request for information is       of the total domestic production of the              rules, the Secretary will make BPI
                                                  required if a currently valid Office of Management
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                                                                                                           product. In its original determination               submitted in this proceeding available
                                                  and Budget (OMB) number is not displayed; the
                                                  OMB number is 3117–0016/USITC No. 15–5–329,
                                                                                                           and its expedited first five-year review             to authorized applicants under the APO
                                                  expiration date June 30, 2017. Public reporting          determination, the Commission defined                issued in the proceeding, provided that
                                                  burden for the request is estimated to average 15        the Domestic Industry as all domestic                the application is made no later than 21
                                                  hours per response. Please send comments                 producers (whether integrated or                     days after publication of this notice in
                                                  regarding the accuracy of this burden estimate to
                                                  the Office of Investigations, U.S. International Trade
                                                                                                           converters) of crepe paper.                          the Federal Register. Authorized
                                                  Commission, 500 E Street SW., Washington, DC                (5) An Importer is any person or firm             applicants must represent interested
                                                  20436.                                                   engaged, either directly or through a                parties, as defined in 19 U.S.C. 1677(9),


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Document Created: 2015-12-18 11:04:12
Document Modified: 2015-12-18 11:04:12
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.
DatesEffective April 1, 2015. Comments on the adequacy of responses
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 17496 

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