80_FR_31175 80 FR 31071 - Certain Steel Grating From China; Institution of Five-Year Reviews

80 FR 31071 - Certain Steel Grating From China; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range31071-31073
FR Document2015-12872

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 steel grating 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 31071-31073]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12872]



[[Page 31071]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-465 and 731-TA-1161 (Review)]


Certain Steel Grating From China; Institution of Five-Year 
Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

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 steel grating 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. 15-5-336, 
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 23, 2010, the Department of Commerce issued 
antidumping and countervailing duty orders on imports of certain steel 
grating from China (75 FR 43143-43145), as corrected on November 15, 
2010 (75 FR 69626). 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 a single Domestic Like Product 
as certain steel grating, coextensive with Commerce's scope.
    (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, the 
Commission defined a single Domestic Industry as all producers of 
certain steel grating. Certain Commissioners defined the Domestic 
Industry differently based on their analysis of related party issues.
    (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 23, 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

[[Page 31072]]

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: 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 order on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries 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 kilograms 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 kilograms 
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.

[[Page 31073]]

    (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 kilograms 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. 2015-12872 Filed 5-29-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                              Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices                                           31071

                                             INTERNATIONAL TRADE                                      69626). The Commission is conducting                 industrial users of the Subject
                                             COMMISSION                                               reviews pursuant to section 751(c) of the            Merchandise and, if the merchandise is
                                                                                                      Act, as amended (19 U.S.C. 1675(c)) to               sold at the retail level, representative
                                             [Investigation Nos. 701–TA–465 and 731–
                                                                                                      determine whether revocation of the                  consumer organizations, wishing to
                                             TA–1161 (Review)]
                                                                                                      orders would be likely to lead to                    participate in the proceeding as parties
                                             Certain Steel Grating From China;                        continuation or recurrence of material               must file an entry of appearance with
                                             Institution of Five-Year Reviews                         injury to the domestic industry within               the Secretary to the Commission, as
                                                                                                      a reasonably foreseeable time.                       provided in section 201.11(b)(4) of the
                                             AGENCY: United States International                      Provisions concerning the conduct of                 Commission’s rules, no later than 21
                                             Trade Commission.                                        this proceeding may be found in the                  days after publication of this notice in
                                             ACTION: Notice.                                          Commission’s Rules of Practice and                   the Federal Register. The Secretary will
                                                                                                      Procedure at 19 CFR parts 201, Subparts              maintain a public service list containing
                                             SUMMARY:    The Commission hereby gives                  A and B and 19 CFR part 207, subparts                the names and addresses of all persons,
                                             notice that it has instituted reviews                    A and F. The Commission will assess                  or their representatives, who are parties
                                             pursuant to the Tariff Act of 1930 (‘‘the                the adequacy of interested party                     to the proceeding.
                                             Act’’), as amended, to determine                         responses to this notice of institution to              Former Commission employees who
                                             whether revocation of the antidumping                    determine whether to conduct full or                 are seeking to appear in Commission
                                             and countervailing duty orders on                        expedited reviews. The Commission’s                  five-year reviews are advised that they
                                             certain steel grating from China would                   determinations in any expedited                      may appear in a review even if they
                                             be likely to lead to continuation or                     reviews will be based on the facts                   participated personally and
                                             recurrence of material injury. Pursuant                  available, which may include                         substantially in the corresponding
                                             to the Act, interested parties are                       information provided in response to this             underlying original investigation or an
                                             requested to respond to this notice by                   notice.                                              earlier review of the same underlying
                                             submitting the information specified                        Definitions.—The following                        investigation. The Commission’s
                                             below to the Commission; 1 to be                         definitions apply to these reviews:                  designated agency ethics official has
                                             assured of consideration, the deadline                      (1) Subject Merchandise is the class or           advised that a five-year review is not the
                                             for responses is July 1, 2015. Comments                  kind of merchandise that is within the               same particular matter as the underlying
                                             on the adequacy of responses may be                      scope of the five-year reviews, as                   original investigation, and a five-year
                                             filed with the Commission by August                      defined by the Department of                         review is not the same particular matter
                                             13, 2015.                                                Commerce.                                            as an earlier review of the same
                                             DATES: Effective Date: June 1, 2015.                        (2) The Subject Country in these                  underlying investigation for purposes of
                                                                                                      reviews is China.                                    18 U.S.C. 207, the post employment
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                         (3) The Domestic Like Product is the              statute for Federal employees, and
                                             Mary Messer (202–205–3193), Office of                    domestically produced product or                     Commission rule 201.15(b) (19 CFR
                                             Investigations, U.S. International Trade                 products which are like, or in the                   201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                             Commission, 500 E Street SW.,                            absence of like, most similar in                     73 FR 24609 (May 5, 2008).
                                             Washington, DC 20436. Hearing-                           characteristics and uses with, the                   Consequently, former employees are not
                                             impaired persons can obtain                              Subject Merchandise. In its original                 required to seek Commission approval
                                             information on this matter by contacting                 determinations, the Commission                       to appear in a review under Commission
                                             the Commission’s TDD terminal on 202–                    defined a single Domestic Like Product               rule 19 CFR 201.15, even if the
                                             205–1810. Persons with mobility                          as certain steel grating, coextensive with           corresponding underlying original
                                             impairments who will need special                        Commerce’s scope.                                    investigation or an earlier review of the
                                             assistance in gaining access to the                         (4) The Domestic Industry is the U.S.             same underlying investigation was
                                             Commission should contact the Office                     producers as a whole of the Domestic                 pending when they were Commission
                                             of the Secretary at 202–205–2000.                        Like Product, or those producers whose               employees. For further ethics advice on
                                             General information concerning the                       collective output of the Domestic Like               this matter, contact Carol McCue
                                             Commission may also be obtained by                       Product constitutes a major proportion               Verratti, Deputy Agency Ethics Official,
                                             accessing its internet server (http://                   of the total domestic production of the              at 202–205–3088.
                                             www.usitc.gov). The public record for                    product. In its original determination,                 Limited disclosure of business
                                             this proceeding may be viewed on the                     the Commission defined a single                      proprietary information (BPI) under an
                                             Commission’s electronic docket (EDIS)                    Domestic Industry as all producers of                administrative protective order (APO)
                                             at http://edis.usitc.gov.                                certain steel grating. Certain                       and APO service list.—Pursuant to
                                             SUPPLEMENTARY INFORMATION:                               Commissioners defined the Domestic                   section 207.7(a) of the Commission’s
                                                Background.—On July 23, 2010, the                     Industry differently based on their                  rules, the Secretary will make BPI
                                             Department of Commerce issued                            analysis of related party issues.                    submitted in this proceeding available
                                             antidumping and countervailing duty                         (5) The Order Date is the date that the           to authorized applicants under the APO
                                             orders on imports of certain steel grating               antidumping and countervailing duty                  issued in the proceeding, provided that
                                             from China (75 FR 43143–43145), as                       orders under review became effective. In             the application is made no later than 21
                                             corrected on November 15, 2010 (75 FR                    these reviews, the Order Date is July 23,            days after publication of this notice in
                                                                                                      2010.                                                the Federal Register. Authorized
                                               1 No response to this request for information is
                                                                                                         (6) An Importer is any person or firm             applicants must represent interested
                                             required if a currently valid Office of Management       engaged, either directly or through a                parties, as defined in 19 U.S.C. 1677(9),
Lhorne on DSK2VPTVN1PROD with NOTICES




                                             and Budget (OMB) number is not displayed; the
                                             OMB number is 3117–0016/USITC No. 15–5–336,              parent company or subsidiary, in                     who are parties to the proceeding. A
                                             expiration date June 30, 2017. Public reporting          importing the Subject Merchandise into               separate service list will be maintained
                                             burden for the request is estimated to average 15        the United States from a foreign                     by the Secretary for those parties
                                             hours per response. Please send comments                 manufacturer or through its selling                  authorized to receive BPI under the
                                             regarding the accuracy of this burden estimate to
                                             the Office of Investigations, U.S. International Trade   agent.                                               APO.
                                             Commission, 500 E Street SW., Washington, DC                Participation in the proceeding and                  Certification.—Pursuant to section
                                             20436.                                                   public service list.—Persons, including              207.3 of the Commission’s rules, any


                                        VerDate Sep<11>2014   14:50 May 29, 2015   Jkt 235001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                             31072                           Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices

                                             person submitting information to the                    equivalent information. If an interested              Web address, and the name, telephone
                                             Commission in connection with this                      party does not provide this notification              number, fax number, and Email address
                                             proceeding must certify that the                        (or the Commission finds the                          of a responsible official at each firm).
                                             information is accurate and complete to                 explanation provided in the notification                 (8) A list of known sources of
                                             the best of the submitter’s knowledge. In               inadequate) and fails to provide a                    information on national or regional
                                             making the certification, the submitter                 complete response to this notice, the                 prices for the Domestic Like Product or
                                             will be deemed to consent, unless                       Commission may take an adverse                        the Subject Merchandise in the U.S. or
                                             otherwise specified, for the                            inference against the party pursuant to               other markets.
                                             Commission, its employees, and                          section 776(b) of the Act (19 U.S.C.                     (9) If you are a U.S. producer of the
                                             contract personnel to use the                           1677e(b)) in making its determinations                Domestic Like Product, provide the
                                             information provided in any other                       in the reviews.                                       following information on your firm’s
                                             reviews or investigations of the same or                   Information To Be Provided In                      operations on that product during
                                             comparable products which the                           Response to This Notice of Institution:               calendar year 2014, except as noted
                                             Commission conducts under Title VII of                  As used below, the term ‘‘firm’’ includes             (report quantity data in kilograms and
                                             the Act, or in internal audits and                      any related firms.                                    value data in U.S. dollars, f.o.b. plant).
                                             investigations relating to the programs                    (1) The name and address of your firm              If you are a union/worker group or
                                             and operations of the Commission                        or entity (including World Wide Web                   trade/business association, provide the
                                             pursuant to 5 U.S.C. Appendix 3.                        address) and name, telephone number,                  information, on an aggregate basis, for
                                                Written submissions.—Pursuant to                     fax number, and Email address of the                  the firms in which your workers are
                                             section 207.61 of the Commission’s                      certifying official.                                  employed/which are members of your
                                             rules, each interested party response to                   (2) A statement indicating whether                 association.
                                             this notice must provide the information                your firm/entity is a U.S. producer of                   (a) Production (quantity) and, if
                                             specified below. The deadline for filing                the Domestic Like Product, a U.S. union               known, an estimate of the percentage of
                                             such responses is July 1, 2015. Pursuant                or worker group, a U.S. importer of the               total U.S. production of the Domestic
                                             to section 207.62(b) of the Commission’s                Subject Merchandise, a foreign producer               Like Product accounted for by your
                                             rules, eligible parties (as specified in                or exporter of the Subject Merchandise,               firm’s(s’) production;
                                             Commission rule 207.62(b)(1)) may also                  a U.S. or foreign trade or business                      (b) Capacity (quantity) of your firm to
                                             file comments concerning the adequacy                   association, or another interested party              produce the Domestic Like Product (i.e.,
                                             of responses to the notice of institution               (including an explanation). If you are a              the level of production that your
                                             and whether the Commission should                       union/worker group or trade/business                  establishment(s) could reasonably have
                                             conduct expedited or full reviews. The                  association, identify the firms in which              expected to attain during the year,
                                             deadline for filing such comments is                    your workers are employed or which are                assuming normal operating conditions
                                             August 13, 2015. All written                            members of your association.                          (using equipment and machinery in
                                             submissions must conform with the                          (3) A statement indicating whether                 place and ready to operate), normal
                                             provisions of sections 201.8 and 207.3                  your firm/entity is willing to participate            operating levels (hours per week/weeks
                                             of the Commission’s rules and any                       in this proceeding by providing                       per year), time for downtime,
                                             submissions that contain BPI must also                  information requested by the                          maintenance, repair, and cleanup, and a
                                             conform with the requirements of                        Commission.                                           typical or representative product mix);
                                             sections 201.6 and 207.7 of the                            (4) A statement of the likely effects of              (c) the quantity and value of U.S.
                                             Commission’s rules. Please be aware                     the revocation of the antidumping and                 commercial shipments of the Domestic
                                             that the Commission’s rules with                        countervailing duty order on the                      Like Product produced in your U.S.
                                             respect to filing have changed. The most                Domestic Industry in general and/or                   plant(s);
                                             recent amendments took effect on July                   your firm/entity specifically. In your                   (d) the quantity and value of U.S.
                                             25, 2014. See 79 FR 35920 (June 25,                     response, please discuss the various                  internal consumption/company
                                             2014), and the revised Commission                       factors specified in section 752(a) of the            transfers of the Domestic Like Product
                                             Handbook on E-filing, available from the                Act (19 U.S.C. 1675a(a)) including the                produced in your U.S. plant(s); and
                                             Commission’s Web site at http://                        likely volume of subject imports, likely                 (e) the value of (i) net sales, (ii) cost
                                             edis.usitc.gov. Also, in accordance with                price effects of subject imports, and                 of goods sold (COGS), (iii) gross profit,
                                             sections 201.16(c) and 207.3 of the                     likely impact of imports of Subject                   (iv) selling, general and administrative
                                             Commission’s rules, each document                       Merchandise on the Domestic Industry.                 (SG&A) expenses, and (v) operating
                                             filed by a party to the proceeding must                    (5) A list of all known and currently              income of the Domestic Like Product
                                             be served on all other parties to the                   operating U.S. producers of the                       produced in your U.S. plant(s) (include
                                             proceeding (as identified by either the                 Domestic Like Product. Identify any                   both U.S. and export commercial sales,
                                             public or APO service list as                           known related parties and the nature of               internal consumption, and company
                                             appropriate), and a certificate of service              the relationship as defined in section                transfers) for your most recently
                                             must accompany the document (if you                     771(4)(B) of the Act (19 U.S.C.                       completed fiscal year (identify the date
                                             are not a party to the proceeding you do                1677(4)(B)).                                          on which your fiscal year ends).
                                             not need to serve your response).                          (6) A list of all known and currently                 (10) If you are a U.S. importer or a
                                                Inability to provide requested                       operating U.S. importers of the Subject               trade/business association of U.S.
                                             information.—Pursuant to section                        Merchandise and producers of the                      importers of the Subject Merchandise
                                             207.61(c) of the Commission’s rules, any                Subject Merchandise in the Subject                    from the Subject Country, provide the
                                             interested party that cannot furnish the                Country that currently export or have                 following information on your firm’s(s’)
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                                             information requested by this notice in                 exported Subject Merchandise to the                   operations on that product during
                                             the requested form and manner shall                     United States or other countries since                calendar year 2014 (report quantity data
                                             notify the Commission at the earliest                   the Order Date.                                       in kilograms and value data in U.S.
                                             possible time, provide a full explanation                  (7) A list of 3–5 leading purchasers in            dollars). If you are a trade/business
                                             of why it cannot provide the requested                  the U.S. market for the Domestic Like                 association, provide the information, on
                                             information, and indicate alternative                   Product and the Subject Merchandise                   an aggregate basis, for the firms which
                                             forms in which it can provide                           (including street address, World Wide                 are members of your association.


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                                                                             Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices                                              31073

                                                (a) The quantity and value (landed,                  that are likely to occur within a                     Enhanced Water Treatment Rule
                                             duty-paid but not including                             reasonably foreseeable time. Supply                   required certain public water systems,
                                             antidumping or countervailing duties)                   conditions to consider include                        including Water District No. 1, to
                                             of U.S. imports and, if known, an                       technology; production methods;                       implement measures by April 1, 2012 to
                                             estimate of the percentage of total U.S.                development efforts; ability to increase              treat water to prevent Cryptosporidium
                                             imports of Subject Merchandise from                     production (including the shift of                    contamination.
                                             the Subject Country accounted for by                    production facilities used for other                     The proposed consent decree requires
                                             your firm’s(s’) imports;                                products and the use, cost, or
                                                (b) the quantity and value (f.o.b. U.S.                                                                    Defendant to perform injunctive relief to
                                                                                                     availability of major inputs into
                                             port, including antidumping and/or                                                                            bring Water District No. 1 into
                                                                                                     production); and factors related to the
                                             countervailing duties) of U.S.                                                                                compliance with the Enhanced Water
                                                                                                     ability to shift supply among different
                                             commercial shipments of Subject                                                                               Treatment Rule. While the injunctive
                                                                                                     national markets (including barriers to
                                             Merchandise imported from the Subject                                                                         relief is being completed, the proposed
                                                                                                     importation in foreign markets or
                                             Country; and                                                                                                  consent decree requires Defendant to
                                                                                                     changes in market demand abroad).
                                                (c) the quantity and value (f.o.b. U.S.              Demand conditions to consider include                 perform interim measures to provide
                                             port, including antidumping and/or                      end uses and applications; the existence              water that is in compliance with the
                                             countervailing duties) of U.S. internal                 and availability of substitute products;              Enhanced Water Treatment Rule to
                                             consumption/company transfers of                        and the level of competition among the                portions of Water District No. 1 for
                                             Subject Merchandise imported from the                   Domestic Like Product produced in the                 portions of each year. In addition, the
                                             Subject Country.                                        United States, Subject Merchandise                    proposed consent decree requires
                                                (11) If you are a producer, an exporter,             produced in the Subject Country, and                  Defendant to pay a civil penalty of
                                             or a trade/business association of                      such merchandise from other countries.                $1,108,771, and to perform three
                                             producers or exporters of the Subject                      (13) (OPTIONAL) A statement of                     supplemental environmental projects
                                             Merchandise in the Subject Country,                     whether you agree with the above                      (‘‘SEPs’’) for the benefit of the residents
                                             provide the following information on                    definitions of the Domestic Like Product              of Water District No. 1. The SEPs, which
                                             your firm’s(s’) operations on that                                                                            have a combined value of $691,229,
                                                                                                     and Domestic Industry; if you disagree
                                             product during calendar year 2014                                                                             require Defendant to: (i) Increase the
                                                                                                     with either or both of these definitions,
                                             (report quantity data in kilograms and                                                                        number of days during which the
                                                                                                     please explain why and provide
                                             value data in U.S. dollars, landed and                                                                        unused pharmaceuticals of residents of
                                                                                                     alternative definitions.
                                             duty-paid at the U.S. port but not                                                                            Water District No. 1 will be accepted at
                                             including antidumping or                                  Authority: This proceeding is being
                                                                                                     conducted under authority of Title VII of the         Defendant’s Household Materials
                                             countervailing duties). If you are a                                                                          Recovery Facility or at other designated
                                                                                                     Tariff Act of 1930; this notice is published
                                             trade/business association, provide the                                                                       sites; (ii) increase the number of days
                                                                                                     pursuant to section 207.61 of the
                                             information, on an aggregate basis, for                 Commission’s rules.                                   during which the unused hazardous
                                             the firms which are members of your                                                                           household chemicals of residents of
                                             association.                                              By order of the Commission.
                                                                                                       Issued: May 22, 2015.                               Water District No. 1 will be accepted at
                                                (a) Production (quantity) and, if
                                                                                                                                                           Defendant’s Household Materials
                                             known, an estimate of the percentage of                 Lisa R. Barton,
                                             total production of Subject Merchandise                                                                       Recovery Facility or at other designated
                                                                                                     Secretary to the Commission.
                                             in the Subject Country accounted for by                                                                       sites; and (iii) purchase at least $100,000
                                                                                                     [FR Doc. 2015–12872 Filed 5–29–15; 8:45 am]
                                             your firm’s(s’) production;                                                                                   worth of 55-gallon rain barrels for
                                                                                                     BILLING CODE 7020–02–P
                                                (b) Capacity (quantity) of your firm(s)                                                                    residential collection and storage of roof
                                             to produce the Subject Merchandise in                                                                         rainwater runoff, to be distributed to
                                             the Subject Country (i.e., the level of                                                                       residents of Water District No. 1. The
                                                                                                     DEPARTMENT OF JUSTICE                                 Consent Decree resolves the claims of
                                             production that your establishment(s)
                                             could reasonably have expected to                                                                             the United States for the violations
                                                                                                     Notice of Lodging of Proposed
                                             attain during the year, assuming normal                 Consent Decree Under the Safe                         alleged in the complaint through the
                                             operating conditions (using equipment                   Drinking Water Act                                    date of lodging of the proposed consent
                                             and machinery in place and ready to                                                                           decree.
                                             operate), normal operating levels (hours                   On May 21, 2015, the Department of                    The publication of this notice opens
                                             per week/weeks per year), time for                      Justice lodged a proposed consent                     a period for public comment on the
                                             downtime, maintenance, repair, and                      decree with the United States District                proposed consent decree. Comments
                                             cleanup, and a typical or representative                Court for the Southern District of New                should be addressed to the Assistant
                                             product mix); and                                       York in the lawsuit entitled United                   Attorney General, Environment and
                                                (c) the quantity and value of your                   States v. County of Westchester, New                  Natural Resources Division, and should
                                             firm’s(s’) exports to the United States of              York, Civil Action No. 13 Civ. 5475                   refer to United States v. County of
                                             Subject Merchandise and, if known, an                   (NSR).                                                Westchester, New York, 13 Civ. 5475
                                             estimate of the percentage of total                        The United States filed this lawsuit               (NSR), D.J. Ref. No. 90–5–1–1–10536.
                                             exports to the United States of Subject                 under the Safe Drinking Water Act (the                All comments must be submitted no
                                             Merchandise from the Subject Country                    ‘‘Act’’). The complaint alleges that the              later than thirty (30) days after the
                                             accounted for by your firm’s(s’) exports.               County of Westchester, New York (the                  publication date of this notice.
                                                (12) Identify significant changes, if                ‘‘Defendant’’) violated the Act by failing
                                                                                                                                                           Comments may be submitted either by
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                                             any, in the supply and demand                           to ensure that Westchester County
                                                                                                                                                           email or by mail:
                                             conditions or business cycle for the                    Water District No. 1 (‘‘Water District No.
                                             Domestic Like Product that have                         1’’) was in compliance with the Long                  To submit
                                             occurred in the United States or in the                 Term 2 Enhanced Surface Water                                            Send them to:
                                                                                                                                                           comments:
                                             market for the Subject Merchandise in                   Treatment Rule (the ‘‘Enhanced Water
                                             the Subject Country since the Order                     Treatment Rule’’), a regulation                       By email .......   pubcomment-ees.enrd@
                                             Date, and significant changes, if any,                  promulgated pursuant to the Act. The                                       usdoj.gov.



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Document Created: 2015-12-15 15:19:14
Document Modified: 2015-12-15 15:19:14
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 31071 

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