80_FR_31172 80 FR 31068 - Certain Potassium Phosphate Salts From China; Institution of Five-Year Reviews

80 FR 31068 - Certain Potassium Phosphate Salts From China; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range31068-31070
FR Document2015-12876

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping and countervailing duty orders on certain potassium phosphate salts 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 July 1, 2015. Comments on the adequacy of responses may be filed with the Commission by August 13, 2015. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015)
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31068-31070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12876]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-473 and 731-TA-1173 (Review)]


Certain Potassium Phosphate Salts From China; Institution of 
Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping and countervailing 
duty orders on certain potassium phosphate salts 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 July 1, 2015. Comments on the adequacy of responses may be 
filed with the Commission by August 13, 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. 15-5-335, 
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 Date: June 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 July 22, 2010, the Department of Commerce issued 
antidumping and countervailing duty orders on imports of certain 
potassium phosphate salts from China (75 FR 42682-42684). The 
Commission is conducting reviews pursuant to section 751(c) of the Act, 
as amended (19 U.S.C. 1675(c)), to determine whether revocation of the 
orders would be likely to lead to continuation or recurrence of 
material injury to the domestic industry within a reasonably 
foreseeable time. 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 full or 
expedited reviews. The Commission's determinations in any expedited 
reviews will be based on the facts available, which may include 
information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Country in these reviews 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 
determinations, the Commission defined three separate Domestic Like 
Products comprised of the following potassium phosphate salts, in all 
grades (e.g., food grade or technical grade) and all forms (e.g., 
crushed, granule, powder, and fines), and whether anhydrous or in 
solution: (1) Anhydrous Monopotassium Phosphate (``MKP'') 
(KH2PO4) (also known as Potassium dihydrogen 
phosphate, KDP, or Monobasic potassium phosphate; (2) anhydrous 
Dipotassium Phosphate (``DKP'') (K2HPO4) (also 
known as Dipotassium salt, Dipotassium hydrogen orthophosphate, or 
Potassium phosphate, dibasic; and (3) Tetrapotassium Pyrophosphate 
(``TKPP'') (K4P2O7) (also known as 
normal potassium pyrophosphate, Diphosphoric acid, or Tetrapotassium 
salt).
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined three Domestic Industries as follows: (1) All 
domestic

[[Page 31069]]

producers of MKP; (2) all domestic producers of DKP; and (3) all 
domestic producers of TKPP.
    (5) The Order Date is the date that the antidumping and 
countervailing duty orders under review became effective. In these 
reviews, the Order Date is July 22, 2010.
    (6) 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 July 1, 2015. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is August 13, 2015. All written submissions must conform with 
the provisions of sections 201.8 and 207.3 of the Commission's rules 
and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Please be aware that the Commission's rules with respect to filing have 
changed. The most recent amendments took effect on July 25, 2014. See 
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from the Commission's Web site at http://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3 
of the Commission's rules, each document filed by a party to the 
proceeding must be served on all other parties to the proceeding (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the proceeding you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: Please provide the requested information separately for 
each Domestic Like Product, as defined by the Commission in its 
original determinations, and for each of the products identified by 
Commerce as Subject Merchandise. 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 and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the

[[Page 31070]]

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 since the Order 
Date.
    (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 dry weight and value data in U.S. dollars, f.o.b. 
plant). If you are a union/worker group or trade/business association, 
provide the information, on an aggregate basis, for the firms in which 
your workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from 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 dry 
weight and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing 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 
and/or countervailing 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 
and/or countervailing 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 dry weight and value data in U.S. dollars, landed and 
duty-paid at the U.S. port but not including antidumping or 
countervailing 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 since the Order Date, 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: May 22, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-12876 Filed 5-29-15; 8:45 am]
 BILLING CODE 7020-02-P



                                             31068                           Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices

                                             operate), normal operating levels (hours                INTERNATIONAL TRADE                                      42682–42684). The Commission is
                                             per week/weeks per year), time for                      COMMISSION                                               conducting reviews pursuant to section
                                             downtime, maintenance, repair, and                                                                               751(c) of the Act, as amended (19 U.S.C.
                                                                                                     [Investigation Nos. 701–TA–473 and 731–
                                             cleanup, and a typical or representative                                                                         1675(c)), to determine whether
                                                                                                     TA–1173 (Review)]
                                             product mix); and                                                                                                revocation of the orders would be likely
                                                                                                     Certain Potassium Phosphate Salts                        to lead to continuation or recurrence of
                                                (c) the quantity and value of your
                                                                                                     From China; Institution of Five-Year                     material injury to the domestic industry
                                             firm’s(s’) exports to the United States of                                                                       within a reasonably foreseeable time.
                                             Subject Merchandise and, if known, an                   Reviews
                                                                                                                                                              Provisions concerning the conduct of
                                             estimate of the percentage of total                     AGENCY: United States International                      this proceeding may be found in the
                                             exports to the United States of Subject                 Trade Commission.                                        Commission’s Rules of Practice and
                                             Merchandise from the Subject Country                    ACTION: Notice.                                          Procedure at 19 CFR parts 201, Subparts
                                             accounted for by your firm’s(s’) exports.                                                                        A and B and 19 CFR part 207, subparts
                                                (12) Identify significant changes, if                SUMMARY:    The Commission hereby gives                  A and F. The Commission will assess
                                             any, in the supply and demand                           notice that it has instituted reviews                    the adequacy of interested party
                                             conditions or business cycle for the                    pursuant to the Tariff Act of 1930 (‘‘the                responses to this notice of institution to
                                                                                                     Act’’), as amended, to determine                         determine whether to conduct full or
                                             Domestic Like Product that have
                                                                                                     whether revocation of the antidumping                    expedited reviews. The Commission’s
                                             occurred in the United States or in the
                                                                                                     and countervailing duty orders on                        determinations in any expedited
                                             market for the Subject Merchandise in
                                                                                                     certain potassium phosphate salts from                   reviews will be based on the facts
                                             the Subject Country after 2009, and                     China would be likely to lead to                         available, which may include
                                             significant changes, if any, that are                   continuation or recurrence of material                   information provided in response to this
                                             likely to occur within a reasonably                     injury. Pursuant to the Act, interested                  notice.
                                             foreseeable time. Supply conditions to                  parties are requested to respond to this                    Definitions.—The following
                                             consider include technology;                            notice by submitting the information                     definitions apply to these reviews:
                                             production methods; development                         specified below to the Commission; 1 to                     (1) Subject Merchandise is the class or
                                             efforts; ability to increase production                 be assured of consideration, the                         kind of merchandise that is within the
                                             (including the shift of production                      deadline for responses is July 1, 2015.                  scope of the five-year reviews, as
                                             facilities used for other products and the              Comments on the adequacy of responses                    defined by the Department of
                                             use, cost, or availability of major inputs              may be filed with the Commission by                      Commerce.
                                             into production); and factors related to                August 13, 2015.                                            (2) The Subject Country in these
                                             the ability to shift supply among                       DATES: Effective Date: June 1, 2015.
                                                                                                                                                              reviews is China.
                                             different national markets (including                                                                               (3) The Domestic Like Product is the
                                                                                                     FOR FURTHER INFORMATION CONTACT:                         domestically produced product or
                                             barriers to importation in foreign                      Mary Messer (202–205–3193), Office of                    products which are like, or in the
                                             markets or changes in market demand                     Investigations, U.S. International Trade                 absence of like, most similar in
                                             abroad). Demand conditions to consider                  Commission, 500 E Street SW.,                            characteristics and uses with, the
                                             include end uses and applications; the                  Washington, DC 20436. Hearing-                           Subject Merchandise. In its original
                                             existence and availability of substitute                impaired persons can obtain                              determinations, the Commission
                                             products; and the level of competition                  information on this matter by contacting                 defined three separate Domestic Like
                                             among the Domestic Like Product                         the Commission’s TDD terminal on 202–                    Products comprised of the following
                                             produced in the United States, Subject                  205–1810. Persons with mobility                          potassium phosphate salts, in all grades
                                             Merchandise produced in the Subject                     impairments who will need special                        (e.g., food grade or technical grade) and
                                             Country, and such merchandise from                      assistance in gaining access to the                      all forms (e.g., crushed, granule,
                                             other countries.                                        Commission should contact the Office                     powder, and fines), and whether
                                                                                                     of the Secretary at 202–205–2000.                        anhydrous or in solution: (1) Anhydrous
                                                (13) (OPTIONAL) A statement of
                                                                                                     General information concerning the                       Monopotassium Phosphate (‘‘MKP’’)
                                             whether you agree with the above
                                                                                                     Commission may also be obtained by                       (KH2PO4) (also known as Potassium
                                             definitions of the Domestic Like Product
                                                                                                     accessing its internet server (http://                   dihydrogen phosphate, KDP, or
                                             and Domestic Industry; if you disagree                  www.usitc.gov). The public record for
                                             with either or both of these definitions,                                                                        Monobasic potassium phosphate; (2)
                                                                                                     this proceeding may be viewed on the                     anhydrous Dipotassium Phosphate
                                             please explain why and provide                          Commission’s electronic docket (EDIS)                    (‘‘DKP’’) (K2HPO4) (also known as
                                             alternative definitions.                                at http://edis.usitc.gov.                                Dipotassium salt, Dipotassium hydrogen
                                               Authority: This proceeding is being                   SUPPLEMENTARY INFORMATION:                               orthophosphate, or Potassium
                                             conducted under authority of Title VII of the              Background.—On July 22, 2010, the                     phosphate, dibasic; and (3)
                                             Tariff Act of 1930; this notice is published            Department of Commerce issued                            Tetrapotassium Pyrophosphate
                                             pursuant to section 207.61 of the                       antidumping and countervailing duty                      (‘‘TKPP’’) (K4P2O7) (also known as
                                             Commission’s rules.                                     orders on imports of certain potassium                   normal potassium pyrophosphate,
                                               By order of the Commission.                           phosphate salts from China (75 FR                        Diphosphoric acid, or Tetrapotassium
                                               Issued: May 22, 2015.                                                                                          salt).
                                                                                                       1 No response to this request for information is          (4) The Domestic Industry is the U.S.
                                             Lisa R. Barton,                                         required if a currently valid Office of Management       producers as a whole of the Domestic
Lhorne on DSK2VPTVN1PROD with NOTICES




                                             Secretary to the Commission.                            and Budget (OMB) number is not displayed; the
                                                                                                     OMB number is 3117–0016/USITC No. 15–5–335,
                                                                                                                                                              Like Product, or those producers whose
                                             [FR Doc. 2015–12870 Filed 5–29–15; 8:45 am]             expiration date June 30, 2017. Public reporting          collective output of the Domestic Like
                                             BILLING CODE 7020–02–P                                  burden for the request is estimated to average 15        Product constitutes a major proportion
                                                                                                     hours per response. Please send comments                 of the total domestic production of the
                                                                                                     regarding the accuracy of this burden estimate to
                                                                                                     the Office of Investigations, U.S. International Trade
                                                                                                                                                              product. In its original determinations,
                                                                                                     Commission, 500 E Street SW., Washington, DC             the Commission defined three Domestic
                                                                                                     20436.                                                   Industries as follows: (1) All domestic


                                        VerDate Sep<11>2014   14:50 May 29, 2015   Jkt 235001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                                             Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices                                             31069

                                             producers of MKP; (2) all domestic                      section 207.7(a) of the Commission’s                  proceeding (as identified by either the
                                             producers of DKP; and (3) all domestic                  rules, the Secretary will make BPI                    public or APO service list as
                                             producers of TKPP.                                      submitted in this proceeding available                appropriate), and a certificate of service
                                                (5) The Order Date is the date that the              to authorized applicants under the APO                must accompany the document (if you
                                             antidumping and countervailing duty                     issued in the proceeding, provided that               are not a party to the proceeding you do
                                             orders under review became effective. In                the application is made no later than 21              not need to serve your response).
                                             these reviews, the Order Date is July 22,               days after publication of this notice in                 Inability to provide requested
                                             2010.                                                   the Federal Register. Authorized                      information.—Pursuant to section
                                                (6) 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 determinations
                                             the Federal Register. The Secretary will                information provided in any other                     in the reviews.
                                             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                Please provide the requested
                                             to the proceeding.                                      the Act, or in internal audits and                    information separately for each
                                                Former Commission employees who                      investigations relating to the programs               Domestic Like Product, as defined by
                                             are seeking to appear in Commission                     and operations of the Commission                      the Commission in its original
                                             five-year reviews are advised that they                 pursuant to 5 U.S.C. Appendix 3.                      determinations, and for each of the
                                             may appear in a review even if they                        Written submissions.—Pursuant to                   products identified by Commerce as
                                             participated personally and                             section 207.61 of the Commission’s                    Subject Merchandise. As used below,
                                             substantially in the corresponding                      rules, each interested party response to              the term ‘‘firm’’ includes any related
                                             underlying original investigation or an                 this notice must provide the information              firms.
                                             earlier review of the same underlying                   specified below. The deadline for filing                 (1) The name and address of your firm
                                             investigation. The Commission’s                         such responses is July 1, 2015. Pursuant              or entity (including World Wide Web
                                             designated agency ethics official has                   to section 207.62(b) of the Commission’s              address) and name, telephone number,
                                             advised that a five-year review is not the              rules, eligible parties (as specified in              fax number, and Email address of the
                                             same particular matter as the underlying                Commission rule 207.62(b)(1)) may also                certifying official.
                                             original investigation, and a five-year                 file comments concerning the adequacy                    (2) A statement indicating whether
                                             review is not the same particular matter                of responses to the notice of institution             your firm/entity is a U.S. producer of
                                             as an earlier review of the same                        and whether the Commission should                     the Domestic Like Product, a U.S. union
                                             underlying investigation for purposes of                conduct expedited or full reviews. The                or worker group, a U.S. importer of the
                                             18 U.S.C. 207, the post employment                      deadline for filing such comments is                  Subject Merchandise, a foreign producer
                                             statute for Federal employees, and                      August 13, 2015. All written                          or exporter of the Subject Merchandise,
                                             Commission rule 201.15(b) (19 CFR                       submissions must conform with the                     a U.S. or foreign trade or business
                                             201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 provisions of sections 201.8 and 207.3                association, or another interested party
                                             73 FR 24609 (May 5, 2008).                              of the Commission’s rules and any                     (including an explanation). If you are a
                                             Consequently, former employees are not                  submissions that contain BPI must also                union/worker group or trade/business
                                             required to seek Commission approval                    conform with the requirements of                      association, identify the firms in which
                                             to appear in a review under Commission                  sections 201.6 and 207.7 of the                       your workers are employed or which are
                                             rule 19 CFR 201.15, even if the                         Commission’s rules. Please be aware                   members of your association.
                                             corresponding underlying original                       that the Commission’s rules with                         (3) A statement indicating whether
                                             investigation or an earlier review of the               respect to filing have changed. The most              your firm/entity is willing to participate
                                             same underlying investigation was                       recent amendments took effect on July                 in this proceeding by providing
                                             pending when they were Commission                       25, 2014. See 79 FR 35920 (June 25,                   information requested by the
                                             employees. For further ethics advice on                 2014), and the revised Commission                     Commission.
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                                             this matter, contact Carol McCue                        Handbook on E-filing, available from the                 (4) A statement of the likely effects of
                                             Verratti, Deputy Agency Ethics Official,                Commission’s Web site at http://                      the revocation of the antidumping and
                                             at 202–205–3088.                                        edis.usitc.gov. Also, in accordance with              countervailing duty orders on the
                                                Limited disclosure of business                       sections 201.16(c) and 207.3 of the                   Domestic Industry in general and/or
                                             proprietary information (BPI) under an                  Commission’s rules, each document                     your firm/entity specifically. In your
                                             administrative protective order (APO)                   filed by a party to the proceeding must               response, please discuss the various
                                             and APO service list.—Pursuant to                       be served on all other parties to the                 factors specified in section 752(a) of the


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                                             31070                           Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices

                                             Act (19 U.S.C. 1675a(a)) including the                  transfers of the Domestic Like Product                production that your establishment(s)
                                             likely volume of subject imports, likely                produced in your U.S. plant(s); and                   could reasonably have expected to
                                             price effects of subject imports, and                      (e) the value of (i) net sales, (ii) cost          attain during the year, assuming normal
                                             likely impact of imports of Subject                     of goods sold (COGS), (iii) gross profit,             operating conditions (using equipment
                                             Merchandise on the Domestic Industry.                   (iv) selling, general and administrative              and machinery in place and ready to
                                                (5) A list of all known and currently                (SG&A) expenses, and (v) operating                    operate), normal operating levels (hours
                                             operating U.S. producers of the                         income of the Domestic Like Product                   per week/weeks per year), time for
                                             Domestic Like Product. Identify any                     produced in your U.S. plant(s) (include               downtime, maintenance, repair, and
                                             known related parties and the nature of                 both U.S. and export commercial sales,                cleanup, and a typical or representative
                                             the relationship as defined in section                  internal consumption, and company                     product mix); and
                                             771(4)(B) of the Act (19 U.S.C.                         transfers) for your most recently
                                                                                                     completed fiscal year (identify the date                 (c) the quantity and value of your
                                             1677(4)(B)).
                                                                                                     on which your fiscal year ends).                      firm’s(s’) exports to the United States of
                                                (6) A list of all known and currently
                                                                                                        (10) If you are a U.S. importer or a               Subject Merchandise and, if known, an
                                             operating U.S. importers of the Subject
                                                                                                     trade/business association of U.S.                    estimate of the percentage of total
                                             Merchandise and producers of the
                                                                                                     importers of the Subject Merchandise                  exports to the United States of Subject
                                             Subject Merchandise in the Subject
                                                                                                     from the Subject Country, provide the                 Merchandise from the Subject Country
                                             Country that currently export or have
                                                                                                     following information on your firm’s(s’)              accounted for by your firm’s(s’) exports.
                                             exported Subject Merchandise to the
                                             United States or other countries since                  operations on that product during                        (12) Identify significant changes, if
                                             the Order Date.                                         calendar year 2014 (report quantity data              any, in the supply and demand
                                                (7) A list of 3–5 leading purchasers in              in pounds dry weight and value data in                conditions or business cycle for the
                                             the U.S. market for the Domestic Like                   U.S. dollars). If you are a trade/business            Domestic Like Product that have
                                             Product and the Subject Merchandise                     association, provide the information, on              occurred in the United States or in the
                                             (including street address, World Wide                   an aggregate basis, for the firms which               market for the Subject Merchandise in
                                             Web address, and the name, telephone                    are members of your association.                      the Subject Country since the Order
                                                                                                        (a) The quantity and value (landed,
                                             number, fax number, and Email address                                                                         Date, and significant changes, if any,
                                                                                                     duty-paid but not including
                                             of a responsible official at each firm).                                                                      that are likely to occur within a
                                                                                                     antidumping or countervailing duties)
                                                (8) A list of known sources of                                                                             reasonably foreseeable time. Supply
                                                                                                     of U.S. imports and, if known, an
                                             information on national or regional                                                                           conditions to consider include
                                                                                                     estimate of the percentage of total U.S.
                                             prices for the Domestic Like Product or                                                                       technology; production methods;
                                                                                                     imports of Subject Merchandise from
                                             the Subject Merchandise in the U.S. or                                                                        development efforts; ability to increase
                                                                                                     the Subject Country accounted for by
                                             other markets.                                                                                                production (including the shift of
                                                                                                     your firm’s(s’) imports;
                                                (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            production facilities used for other
                                             Domestic Like Product, provide the                      port, including antidumping and/or                    products and the use, cost, or
                                             following information on your firm’s                    countervailing duties) of U.S.                        availability of major inputs into
                                             operations on that product during                       commercial shipments of Subject                       production); and factors related to the
                                             calendar year 2014, except as noted                     Merchandise imported from the Subject                 ability to shift supply among different
                                             (report quantity data in pounds dry                     Country; and                                          national markets (including barriers to
                                             weight and value data in U.S. dollars,                     (c) the quantity and value (f.o.b. U.S.            importation in foreign markets or
                                             f.o.b. plant). If you are a union/worker                port, including antidumping and/or                    changes in market demand abroad).
                                             group or trade/business association,                    countervailing duties) of U.S. internal               Demand conditions to consider include
                                             provide the information, on an aggregate                consumption/company transfers of                      end uses and applications; the existence
                                             basis, for the firms in which your                      Subject Merchandise imported from the                 and availability of substitute products;
                                             workers are employed/which are                          Subject Country.                                      and the level of competition among the
                                             members of your association.                               (11) If you are a producer, an exporter,           Domestic Like Product produced in the
                                                (a) Production (quantity) and, if                    or a trade/business association of                    United States, Subject Merchandise
                                             known, an estimate of the percentage of                 producers or exporters of the Subject                 produced in the Subject Country, and
                                             total U.S. production of the Domestic                   Merchandise in the Subject Country,                   such merchandise from other countries.
                                             Like Product accounted for by your                      provide the following information on                     (13) (OPTIONAL) A statement of
                                             firm’s(s’) production;                                  your firm’s(s’) operations on that                    whether you agree with the above
                                                (b) Capacity (quantity) of your firm to              product during calendar year 2014                     definitions of the Domestic Like Product
                                             produce the Domestic Like Product (i.e.,                (report quantity data in pounds dry                   and Domestic Industry; if you disagree
                                             the level of production that your                       weight and value data in U.S. dollars,                with either or both of these definitions,
                                             establishment(s) could reasonably have                  landed and duty-paid at the U.S. port                 please explain why and provide
                                             expected to attain during the year,                     but not including antidumping or                      alternative definitions.
                                             assuming normal operating conditions                    countervailing duties). If you are a
                                             (using equipment and machinery in                       trade/business association, provide the                 Authority: This proceeding is being
                                             place and ready to operate), normal                     information, on an aggregate basis, for               conducted under authority of Title VII of the
                                             operating levels (hours per week/weeks                  the firms which are members of your                   Tariff Act of 1930; this notice is published
                                             per year), time for downtime,                           association.                                          pursuant to section 207.61 of the
                                             maintenance, repair, and cleanup, and a                    (a) Production (quantity) and, if                  Commission’s rules.
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                                             typical or representative product mix);                 known, an estimate of the percentage of                 By order of the Commission.
                                                (c) the quantity and value of U.S.                   total production of Subject Merchandise                 Issued: May 22, 2015.
                                             commercial shipments of the Domestic                    in the Subject Country accounted for by
                                                                                                                                                           Lisa R. Barton,
                                             Like Product produced in your U.S.                      your firm’s(s’) production;
                                             plant(s);                                                  (b) Capacity (quantity) of your firm(s)            Secretary to the Commission.
                                                (d) the quantity and value of U.S.                   to produce the Subject Merchandise in                 [FR Doc. 2015–12876 Filed 5–29–15; 8:45 am]
                                             internal consumption/company                            the Subject Country (i.e., the level of               BILLING CODE 7020–02–P




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Document Created: 2015-12-15 15:18:33
Document Modified: 2015-12-15 15:18:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation80 FR 31068 

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