80_FR_25057 80 FR 24973 - Barium Chloride From China; Institution of a Five-Year Review

80 FR 24973 - Barium Chloride From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range24973-24975
FR Document2015-10108

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (the Act) to determine whether revocation of the antidumping duty order on barium chloride from China would be likely to lead to continuation or recurrence of material injury. Pursuant to 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 June 1, 2015. Comments on the adequacy of responses may be filed with the Commission by July 14, 2015. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24973-24975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10108]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-149 (Fourth Review)]


Barium Chloride From China; 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 the Tariff Act of 1930 (the Act) to determine 
whether revocation of the antidumping duty order on barium chloride 
from China would be likely to lead to continuation or recurrence of 
material injury. Pursuant to 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 June 1, 2015. Comments on the adequacy of responses may be 
filed with the Commission by July 14, 2015.
---------------------------------------------------------------------------

    \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. 15-5-333, 
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: May 1, 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 17, 1984, the Department of Commerce issued 
an antidumping duty order on imports of barium chloride from China (49 
FR 40635). Following first five-year reviews by Commerce and the 
Commission, effective March 10, 1999, Commerce issued a continuation of 
the antidumping duty order on imports of barium chloride from China (64 
FR 42654, August 5, 1999). Following second five-year reviews by 
Commerce and the Commission, effective August 5, 2004, Commerce issued 
a continuation of the antidumping duty order on imports of barium 
chloride from China (69 FR 47405). Following the third five-year 
reviews by Commerce and the Commission, effective June 28, 2010, 
Commerce issued a continuation of the antidumping duty order on imports 
of barium chloride from China (75 FR 36629). The Commission is now 
conducting a fourth review pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (19 U.S.C. 1675(c)) 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. Provisions concerning the conduct of this proceeding 
may be found in the Commission's Rules of Practice and Procedure at 19 
CFR parts 201, subparts A and B and 19 CFR part 207, subparts A and F. 
The Commission 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 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, the Commission defined the Domestic Like Product as 
crystalline and anhydrous barium chloride, excluding high purity barium 
chloride. In its expedited first and second five-year review 
determinations and its full third five-year review determination, the 
Commission found one Domestic Like Product coextensive with Commerce's 
scope: All forms of barium chloride, including crystalline,

[[Page 24974]]

anhydrous, and high purity. For purposes of responses to this notice, 
the Domestic Like Product is all forms of barium chloride, including 
crystalline, anhydrous, and high purity.
    (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 domestic producers of the Domestic Like 
Product.
    (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 June 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 July 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 order on the Domestic Industry in general and/or your 
firm/entity

[[Page 24975]]

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 2009.
    (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 2009, 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: April 27, 2015.
Jennifer Rohrbach,
Supervisory Attorney.
[FR Doc. 2015-10108 Filed 4-30-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                    Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices                                               24973

                                                  in each Subject Country accounted for                     Issued: April 27, 2015.                                antidumping duty order on imports of
                                                  by your firm’s(s’) production;                          Jennifer Rohrbach,                                       barium chloride from China (49 FR
                                                     (b) Capacity (quantity) of your firm(s)              Supervisory Attorney.                                    40635). Following first five-year reviews
                                                  to produce the Subject Merchandise in                   [FR Doc. 2015–10117 Filed 4–30–15; 8:45 am]              by Commerce and the Commission,
                                                  each Subject Country (i.e., the level of                BILLING CODE 7020–02–P                                   effective March 10, 1999, Commerce
                                                                                                                                                                   issued a continuation of the
                                                  production that your establishment(s)
                                                                                                                                                                   antidumping duty order on imports of
                                                  could reasonably have expected to
                                                                                                          INTERNATIONAL TRADE                                      barium chloride from China (64 FR
                                                  attain during the year, assuming normal                                                                          42654, August 5, 1999). Following
                                                                                                          COMMISSION
                                                  operating conditions (using equipment                                                                            second five-year reviews by Commerce
                                                  and machinery in place and ready to                     [Investigation No. 731–TA–149 (Fourth
                                                                                                                                                                   and the Commission, effective August 5,
                                                  operate), normal operating levels (hours                Review)]
                                                                                                                                                                   2004, Commerce issued a continuation
                                                  per week/weeks per year), time for                                                                               of the antidumping duty order on
                                                                                                          Barium Chloride From China;
                                                  downtime, maintenance, repair, and                                                                               imports of barium chloride from China
                                                                                                          Institution of a Five-Year Review
                                                  cleanup, and a typical or representative                                                                         (69 FR 47405). Following the third five-
                                                  product mix); and                                       AGENCY: United States International                      year reviews by Commerce and the
                                                     (c) the quantity and value of your                   Trade Commission.                                        Commission, effective June 28, 2010,
                                                  firm’s(s’) exports to the United States of              ACTION: Notice.                                          Commerce issued a continuation of the
                                                  Subject Merchandise and, if known, an                                                                            antidumping duty order on imports of
                                                                                                          SUMMARY:   The Commission hereby gives                   barium chloride from China (75 FR
                                                  estimate of the percentage of total                     notice that it has instituted a review
                                                  exports to the United States of Subject                                                                          36629). The Commission is now
                                                                                                          pursuant to the Tariff Act of 1930 (the                  conducting a fourth review pursuant to
                                                  Merchandise from each Subject Country                   Act) to determine whether revocation of
                                                  accounted for by your firm’s(s’) exports.                                                                        section 751(c) of the Tariff Act of 1930,
                                                                                                          the antidumping duty order on barium                     as amended (19 U.S.C. 1675(c)) to
                                                     (12) Identify significant changes, if                chloride from China would be likely to                   determine whether revocation of the
                                                  any, in the supply and demand                           lead to continuation or recurrence of                    order would be likely to lead to
                                                  conditions or business cycle for the                    material injury. Pursuant to the Act,                    continuation or recurrence of material
                                                  Domestic Like Product that have                         interested parties are requested to                      injury to the domestic industry within
                                                  occurred in the United States or in the                 respond to this notice by submitting the                 a reasonably foreseeable time.
                                                  market for the Subject Merchandise in                   information specified below to the                       Provisions concerning the conduct of
                                                  each Subject Country after 2009, and                    Commission; 1 to be assured of                           this proceeding may be found in the
                                                  significant changes, if any, that are                   consideration, the deadline for                          Commission’s Rules of Practice and
                                                  likely to occur within a reasonably                     responses is June 1, 2015. Comments on                   Procedure at 19 CFR parts 201, subparts
                                                  foreseeable time. Supply conditions to                  the adequacy of responses may be filed                   A and B and 19 CFR part 207, subparts
                                                                                                          with the Commission by July 14, 2015.                    A and F. The Commission will assess
                                                  consider include technology;
                                                  production methods; development                         DATES: Effective Date: May 1, 2015.                      the adequacy of interested party
                                                  efforts; ability to increase production                 FOR FURTHER INFORMATION CONTACT:                         responses to this notice of institution to
                                                  (including the shift of production                      Mary Messer (202–205–3193), Office of                    determine whether to conduct a full
                                                  facilities used for other products and the              Investigations, U.S. International Trade                 review or an expedited review. The
                                                  use, cost, or availability of major inputs              Commission, 500 E Street SW.,                            Commission’s determination in any
                                                  into production); and factors related to                Washington, DC 20436. Hearing-                           expedited review will be based on the
                                                  the ability to shift supply among                       impaired persons can obtain                              facts available, which may include
                                                  different national markets (including                   information on this matter by contacting                 information provided in response to this
                                                                                                          the Commission’s TDD terminal on 202–                    notice.
                                                  barriers to importation in foreign
                                                                                                          205–1810. Persons with mobility                             Definitions.—The following
                                                  markets or changes in market demand
                                                                                                          impairments who will need special                        definitions apply to this review:
                                                  abroad). Demand conditions to consider
                                                                                                          assistance in gaining access to the                         (1) Subject Merchandise is the class or
                                                  include end uses and applications; the                  Commission should contact the Office                     kind of merchandise that is within the
                                                  existence and availability of substitute                of the Secretary at 202–205–2000.                        scope of the five-year review, as defined
                                                  products; and the level of competition                  General information concerning the                       by the Department of Commerce.
                                                  among the Domestic Like Product                         Commission may also be obtained by                          (2) The Subject Country in this review
                                                  produced in the United States, Subject                  accessing its internet server (http://                   is China.
                                                  Merchandise produced in each Subject                    www.usitc.gov). The public record for                       (3) The Domestic Like Product is the
                                                  Country, and such merchandise from                      this proceeding may be viewed on the                     domestically produced product or
                                                  other countries.                                        Commission’s electronic docket (EDIS)                    products which are like, or in the
                                                     (13) (Optional) A statement of                       at http://edis.usitc.gov.                                absence of like, most similar in
                                                  whether you agree with the above                        SUPPLEMENTARY INFORMATION:                               characteristics and uses with, the
                                                  definitions of the Domestic Like Product                   Background.—On October 17, 1984,                      Subject Merchandise. In its original
                                                  and Domestic Industry; if you disagree                  the Department of Commerce issued an                     determination, the Commission defined
                                                  with either or both of these definitions,                                                                        the Domestic Like Product as crystalline
                                                  please explain why and provide                            1 No response to this request for information is       and anhydrous barium chloride,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  alternative definitions.
                                                                                                          required if a currently valid Office of Management       excluding high purity barium chloride.
                                                                                                          and Budget (OMB) number is not displayed; the
                                                                                                          OMB number is 3117–0016/USITC No. 15–5–333,
                                                                                                                                                                   In its expedited first and second five-
                                                    Authority: This proceeding is being                                                                            year review determinations and its full
                                                                                                          expiration date June 30, 2017. Public reporting
                                                  conducted under authority of Title VII of the           burden for the request is estimated to average 15        third five-year review determination,
                                                  Tariff Act of 1930; this notice is published            hours per response. Please send comments                 the Commission found one Domestic
                                                  pursuant to section 207.61 of the                       regarding the accuracy of this burden estimate to
                                                                                                                                                                   Like Product coextensive with
                                                  Commission’s rules.                                     the Office of Investigations, U.S. International Trade
                                                                                                          Commission, 500 E Street SW., Washington, DC             Commerce’s scope: All forms of barium
                                                     By order of the Commission.                          20436.                                                   chloride, including crystalline,


                                             VerDate Sep<11>2014   18:14 Apr 30, 2015   Jkt 235001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\01MYN1.SGM   01MYN1


                                                  24974                             Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices

                                                  anhydrous, and high purity. For                         same underlying investigation was                     recent amendments took effect on July
                                                  purposes of responses to this notice, the               pending when they were Commission                     25, 2014. See 79 FR 35920 (June 25,
                                                  Domestic Like Product is all forms of                   employees. For further ethics advice on               2014), and the revised Commission
                                                  barium chloride, including crystalline,                 this matter, contact Carol McCue                      Handbook on E-filing, available from the
                                                  anhydrous, and high purity.                             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 domestic producers of                   days after publication of this notice in                 Inability to provide requested
                                                  the Domestic Like Product.                              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
                                                  or their representatives, who are parties               Commission conducts under Title VII of                INSTITUTION: As used below, the term
                                                  to the proceeding.                                      the Act, or in internal audits and                    ‘‘firm’’ includes 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 June 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
                                                  18 U.S.C. 207, the post employment                      The deadline for filing such comments                 your workers are employed or which are
                                                  statute for Federal employees, and                      is July 14, 2015. All written submissions             members of your association.
                                                  Commission rule 201.15(b) (19 CFR                       must conform with the provisions of                      (3) A statement indicating whether
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                                                  201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 sections 201.8 and 207.3 of the                       your firm/entity is willing to participate
                                                  73 FR 24609 (May 5, 2008).                              Commission’s rules and any                            in this proceeding by providing
                                                  Consequently, former employees are not                  submissions that contain BPI must also                information requested by the
                                                  required to seek Commission approval                    conform with the requirements of                      Commission.
                                                  to appear in a review under Commission                  sections 201.6 and 207.7 of the                          (4) A statement of the likely effects of
                                                  rule 19 CFR 201.15, even if the                         Commission’s rules. Please be aware                   the revocation of the antidumping duty
                                                  corresponding underlying original                       that the Commission’s rules with                      order on the Domestic Industry in
                                                  investigation or an earlier review of the               respect to filing have changed. The most              general and/or your firm/entity


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                                                                                    Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices                                                  24975

                                                  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
                                                  Domestic Like Product. Identify any                     both U.S. and export commercial sales,                   (c) the quantity and value of your
                                                  known related parties and the nature of                 internal consumption, and company                     firm’s(s’) exports to the United States of
                                                  the relationship as defined in section                  transfers) for your most recently                     Subject Merchandise and, if known, an
                                                  771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date              estimate of the percentage of total
                                                  1677(4)(B)).                                            on which your fiscal year ends).                      exports to the United States of Subject
                                                     (6) A list of all known and currently                   (10) If you are a U.S. importer or a               Merchandise from the Subject Country
                                                  operating U.S. importers of the Subject                 trade/business association of U.S.                    accounted for by your firm’s(s’) exports.
                                                  Merchandise and producers of the                        importers of the Subject Merchandise
                                                                                                                                                                   (12) Identify significant changes, if
                                                  Subject Merchandise in the Subject                      from the Subject Country, provide the
                                                  Country that currently export or have                   following information on your firm’s(s’)              any, in the supply and demand
                                                  exported Subject Merchandise to the                     operations on that product during                     conditions or business cycle for the
                                                  United States or other countries after                  calendar year 2014 (report quantity data              Domestic Like Product that have
                                                  2009.                                                   in pounds and value data in U.S.                      occurred in the United States or in the
                                                     (7) A list of 3–5 leading purchasers in              dollars). If you are a trade/business                 market for the Subject Merchandise in
                                                  the U.S. market for the Domestic Like                   association, provide the information, on              the Subject Country after 2009, and
                                                  Product and the Subject Merchandise                     an aggregate basis, for the firms which               significant changes, if any, that are
                                                  (including street address, World Wide                   are members of your association.                      likely to occur within a reasonably
                                                  Web address, and the name, telephone                       (a) The quantity and value (landed,                foreseeable time. Supply conditions to
                                                  number, fax number, and Email address                   duty-paid but not including                           consider include technology;
                                                  of a responsible official at each firm).                antidumping duties) of U.S. imports                   production methods; development
                                                     (8) A list of known sources of                       and, if known, an estimate of the                     efforts; ability to increase production
                                                  information on national or regional                     percentage of total U.S. imports of                   (including the shift of production
                                                  prices for the Domestic Like Product or                 Subject Merchandise from the Subject                  facilities used for other products and the
                                                  the Subject Merchandise in the U.S. or                  Country accounted for by your firm’s(s’)              use, cost, or availability of major inputs
                                                  other markets.                                          imports;                                              into production); and factors related to
                                                     (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            the ability to shift supply among
                                                  Domestic Like Product, provide the                      port, including antidumping duties) of                different national markets (including
                                                  following information on your firm’s                    U.S. commercial shipments of Subject                  barriers to importation in foreign
                                                  operations on that product during                       Merchandise imported from the Subject                 markets or changes in market demand
                                                  calendar year 2014, except as noted                     Country; and                                          abroad). Demand conditions to consider
                                                  (report quantity data in pounds and                        (c) the quantity and value (f.o.b. U.S.
                                                                                                          port, including antidumping duties) of                include end uses and applications; the
                                                  value data in U.S. dollars, f.o.b. plant).
                                                  If you are a union/worker group or                      U.S. internal consumption/company                     existence and availability of substitute
                                                  trade/business association, provide the                 transfers of Subject Merchandise                      products; and the level of competition
                                                  information, on an aggregate basis, for                 imported from the Subject Country.                    among the Domestic Like Product
                                                  the firms in which your workers are                        (11) If you are a producer, an exporter,           produced in the United States, Subject
                                                  employed/which are members of your                      or a trade/business association of                    Merchandise produced in the Subject
                                                  association.                                            producers or exporters of the Subject                 Country, and such merchandise from
                                                     (a) Production (quantity) and, if                    Merchandise in the Subject Country,                   other countries.
                                                  known, an estimate of the percentage of                 provide the following information on                     (13) (Optional) A statement of
                                                  total U.S. production of the Domestic                   your firm’s(s’) operations on that                    whether you agree with the above
                                                  Like Product accounted for by your                      product during calendar year 2014                     definitions of the Domestic Like Product
                                                  firm’s(s’) production;                                  (report quantity data in pounds and                   and Domestic Industry; if you disagree
                                                     (b) capacity (quantity) of your firm to              value data in U.S. dollars, landed and                with either or both of these definitions,
                                                  produce the Domestic Like Product (i.e.,                duty-paid at the U.S. port but not                    please explain why and provide
                                                  the level of production that your                       including antidumping duties). If you                 alternative definitions.
                                                  establishment(s) could reasonably have                  are a trade/business association, provide
                                                  expected to attain during the year,                     the information, on an aggregate basis,                 Authority: This proceeding is being
                                                  assuming normal operating conditions                    for the firms which are members of your               conducted under authority of title VII of the
                                                  (using equipment and machinery in                       association.                                          Tariff Act of 1930; this notice is published
                                                  place and ready to operate), normal                        (a) Production (quantity) and, if                  pursuant to section 207.61 of the
                                                                                                                                                                Commission’s rules.
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                                                  operating levels (hours per week/weeks                  known, an estimate of the percentage of
                                                  per year), time for downtime,                           total production of Subject Merchandise                 By order of the Commission.
                                                  maintenance, repair, and cleanup, and a                 in the Subject Country accounted for by                 Issued: April 27, 2015.
                                                  typical or representative product mix);                 your firm’s(s’) production;
                                                                                                                                                                Jennifer Rohrbach,
                                                     (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                 Supervisory Attorney.
                                                  Like Product produced in your U.S.                      the Subject Country (i.e., the level of               [FR Doc. 2015–10108 Filed 4–30–15; 8:45 am]
                                                  plant(s);                                               production that your establishment(s)                 BILLING CODE 7020–02–P




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Document Created: 2018-02-21 10:20:44
Document Modified: 2018-02-21 10:20:44
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 Date: May 1, 2015.
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 24973 

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