80_FR_59376 80 FR 59186 - Seamless Refined Copper Pipe and Tube From China and Mexico; Institution of Five-Year Reviews

80 FR 59186 - Seamless Refined Copper Pipe and Tube From China and Mexico; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 190 (October 1, 2015)

Page Range59186-59188
FR Document2015-24647

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 duty orders on Seamless Refined Copper Pipe and Tube from China and Mexico 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 November 2, 2015. Comments on the adequacy of responses may be filed with the Commission by December 15, 2015. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 190 (Thursday, October 1, 2015)
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59186-59188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24647]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1174-1175 (Review)]


Seamless Refined Copper Pipe and Tube From China and Mexico; 
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 duty orders on 
Seamless Refined Copper Pipe and Tube from China and Mexico 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 November 2, 2015. Comments on the adequacy of responses 
may be filed with the Commission by December 15, 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. 15-5-346, 
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: October 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 November 22, 2010, the Department of Commerce 
issued antidumping duty orders on imports of Seamless Refined Copper 
Pipe and Tube from China and Mexico (75 FR 71070). 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 Countries in these reviews are China and Mexico.
    (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 one Domestic Like Product, 
coterminous with Commerce's scope, consisting of all seamless refined 
copper pipe and tube.
    (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 consisting of all 
producers of seamless refined copper pipe and tube.
    (5) The Order Date is the date that the antidumping duty orders 
under review became effective. In these reviews, the Order Date is 
November 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

[[Page 59187]]

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 November 2, 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 December 15, 2015. All written submissions must conform 
with the provisions of sections 201.8 and 207.3 of the Commission's 
rules and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Please be aware that the Commission's rules with respect to filing have 
changed. The most recent amendments took effect on July 25, 2014. See 
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from the Commission's Web site at http://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3 
of the Commission's rules, each document filed by a party to the 
proceeding must be served on all other parties to the proceeding (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the proceeding you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided In Response To This Notice Of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty 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 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 
each 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

[[Page 59188]]

calendar year 2014, except as noted (report quantity data in pounds and 
value data in U.S. dollars, f.o.b. plant). If you are a union/worker 
group or trade/business association, provide the information, on an 
aggregate basis, for the firms in which your workers are employed/which 
are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2014 (report quantity data in pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2014 (report quantity 
data in pounds and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each 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 each 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 each 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 each 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: September 24, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-24647 Filed 9-30-15; 8:45 am]
BILLING CODE 7020-02-P



                                                   59186                       Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices

                                                   conditions or business cycle for the                    would be likely to lead to continuation                  available, which may include
                                                   Domestic Like Product that have                         or recurrence of material injury.                        information provided in response to this
                                                   occurred in the United States or in the                 Pursuant to the Act, interested parties                  notice.
                                                   market for the Subject Merchandise in                   are requested to respond to this notice                     Definitions.—The following
                                                   the Subject Country since the Order                     by submitting the information specified                  definitions apply to these reviews:
                                                   Date, and significant changes, if any,                  below to the Commission; 1 to be                            (1) Subject Merchandise is the class or
                                                   that are likely to occur within a                       assured of consideration, the deadline                   kind of merchandise that is within the
                                                   reasonably foreseeable time. Supply                     for responses is November 2, 2015.                       scope of the five-year reviews, as
                                                   conditions to consider include                          Comments on the adequacy of responses                    defined by the Department of
                                                   technology; production methods;                         may be filed with the Commission by                      Commerce.
                                                   development efforts; ability to increase                December 15, 2015.                                          (2) The Subject Countries in these
                                                   production (including the shift of                      DATES: Effective Date: October 1, 2015.
                                                                                                                                                                    reviews are China and Mexico.
                                                   production facilities used for other                                                                                (3) The Domestic Like Product is the
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                   products and the use, cost, or                                                                                   domestically produced product or
                                                                                                           Mary Messer (202–205–3193), Office of                    products which are like, or in the
                                                   availability of major inputs into                       Investigations, U.S. International Trade
                                                   production); and factors related to the                                                                          absence of like, most similar in
                                                                                                           Commission, 500 E Street SW.,                            characteristics and uses with, the
                                                   ability to shift supply among different                 Washington, DC 20436. Hearing-
                                                   national markets (including barriers to                                                                          Subject Merchandise. In its original
                                                                                                           impaired persons can obtain                              determinations, the Commission
                                                   importation in foreign markets or                       information on this matter by contacting
                                                   changes in market demand abroad).                                                                                defined one Domestic Like Product,
                                                                                                           the Commission’s TDD terminal on 202–                    coterminous with Commerce’s scope,
                                                   Demand conditions to consider include                   205–1810. Persons with mobility
                                                   end uses and applications; the existence                                                                         consisting of all seamless refined copper
                                                                                                           impairments who will need special                        pipe and tube.
                                                   and availability of substitute products;                assistance in gaining access to the                         (4) The Domestic Industry is the U.S.
                                                   and the level of competition among the                  Commission should contact the Office                     producers as a whole of the Domestic
                                                   Domestic Like Product produced in the                   of the Secretary at 202–205–2000.                        Like Product, or those producers whose
                                                   United States, Subject Merchandise                      General information concerning the                       collective output of the Domestic Like
                                                   produced in the Subject Country, and                    Commission may also be obtained by                       Product constitutes a major proportion
                                                   such merchandise from other countries.                  accessing its internet server (http://                   of the total domestic production of the
                                                      (13) (Optional) A statement of                       www.usitc.gov). The public record for                    product. In its original determination,
                                                   whether you agree with the above                        this proceeding may be viewed on the                     the Commission defined a single
                                                   definitions of the Domestic Like Product                Commission’s electronic docket (EDIS)                    Domestic Industry consisting of all
                                                   and Domestic Industry; if you disagree                  at http://edis.usitc.gov.                                producers of seamless refined copper
                                                   with either or both of these definitions,               SUPPLEMENTARY INFORMATION:                               pipe and tube.
                                                   please explain why and provide                             Background.—On November 22, 2010,                        (5) The Order Date is the date that the
                                                   alternative definitions.                                the Department of Commerce issued                        antidumping duty orders under review
                                                     Authority: This proceeding is being                   antidumping duty orders on imports of                    became effective. In these reviews, the
                                                   conducted under authority of title VII of the           Seamless Refined Copper Pipe and Tube                    Order Date is November 22, 2010.
                                                   Tariff Act of 1930; this notice is published            from China and Mexico (75 FR 71070).                        (6) An Importer is any person or firm
                                                   pursuant to section 207.61 of the                       The Commission is conducting reviews                     engaged, either directly or through a
                                                   Commission’s rules.                                     pursuant to section 751(c) of the Act, as                parent company or subsidiary, in
                                                     By order of the Commission.                           amended (19 U.S.C. 1675(c)), to                          importing the Subject Merchandise into
                                                     Issued: September 24, 2015.                           determine whether revocation of the                      the United States from a foreign
                                                   Lisa R. Barton,                                         orders would be likely to lead to                        manufacturer or through its selling
                                                   Secretary to the Commission.                            continuation or recurrence of material                   agent.
                                                   [FR Doc. 2015–24721 Filed 9–30–15; 8:45 am]
                                                                                                           injury to the domestic industry within                      Participation in the proceeding and
                                                                                                           a reasonably foreseeable time.                           public service list.—Persons, including
                                                   BILLING CODE 7020–02–P
                                                                                                           Provisions concerning the conduct of                     industrial users of the Subject
                                                                                                           this proceeding may be found in the                      Merchandise and, if the merchandise is
                                                   INTERNATIONAL TRADE                                     Commission’s Rules of Practice and                       sold at the retail level, representative
                                                   COMMISSION                                              Procedure at 19 CFR parts 201, subparts                  consumer organizations, wishing to
                                                                                                           A and B and 19 CFR part 207, subparts                    participate in the proceeding as parties
                                                   [Investigation Nos. 731–TA–1174–1175                    A and F. The Commission will assess                      must file an entry of appearance with
                                                   (Review)]                                               the adequacy of interested party                         the Secretary to the Commission, as
                                                   Seamless Refined Copper Pipe and                        responses to this notice of institution to               provided in section 201.11(b)(4) of the
                                                   Tube From China and Mexico;                             determine whether to conduct full or                     Commission’s rules, no later than 21
                                                   Institution of Five-Year Reviews                        expedited reviews. The Commission’s                      days after publication of this notice in
                                                                                                           determinations in any expedited                          the Federal Register. The Secretary will
                                                   AGENCY: United States International                     reviews will be based on the facts                       maintain a public service list containing
                                                   Trade Commission.                                                                                                the names and addresses of all persons,
                                                   ACTION: Notice.
                                                                                                             1 No response to this request for information is
                                                                                                                                                                    or their representatives, who are parties
mstockstill on DSK4VPTVN1PROD with NOTICES6




                                                                                                           required if a currently valid Office of Management       to the proceeding.
                                                                                                           and Budget (OMB) number is not displayed; the
                                                   SUMMARY:    The Commission hereby gives                 OMB number is 3117–0016/USITC No. 15–5–346,
                                                                                                                                                                       Former Commission employees who
                                                   notice that it has instituted reviews                   expiration date June 30, 2017. Public reporting          are seeking to appear in Commission
                                                   pursuant to the Tariff Act of 1930 (‘‘the               burden for the request is estimated to average 15        five-year reviews are advised that they
                                                   Act’’), as amended, to determine                        hours per response. Please send comments                 may appear in a review even if they
                                                                                                           regarding the accuracy of this burden estimate to
                                                   whether revocation of the antidumping                   the Office of Investigations, U.S. International Trade
                                                                                                                                                                    participated personally and
                                                   duty orders on Seamless Refined Copper                  Commission, 500 E Street SW., Washington, DC             substantially in the corresponding
                                                   Pipe and Tube from China and Mexico                     20436.                                                   underlying original investigation or an


                                              VerDate Sep<11>2014   21:04 Sep 30, 2015   Jkt 238001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\01OCN1.SGM    01OCN1


                                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices                                            59187

                                                   earlier review of the same underlying                   specified below. The deadline for filing              information requested for each pertinent
                                                   investigation. The Commission’s                         such responses is November 2, 2015.                   Subject Country. As used below, the
                                                   designated agency ethics official has                   Pursuant to section 207.62(b) of the                  term ‘‘firm’’ includes any related firms.
                                                   advised that a five-year review is not the              Commission’s rules, eligible parties (as                 (1) The name and address of your firm
                                                   same particular matter as the underlying                specified in Commission rule                          or entity (including World Wide Web
                                                   original investigation, and a five-year                 207.62(b)(1)) may also file comments                  address) and name, telephone number,
                                                   review is not the same particular matter                concerning the adequacy of responses to               fax number, and Email address of the
                                                   as an earlier review of the same                        the notice of institution and whether the             certifying official.
                                                   underlying investigation for purposes of                Commission should conduct expedited                      (2) A statement indicating whether
                                                   18 U.S.C. 207, the post employment                      or full reviews. The deadline for filing              your firm/entity is a U.S. producer of
                                                   statute for Federal employees, and                      such comments is December 15, 2015.                   the Domestic Like Product, a U.S. union
                                                   Commission rule 201.15(b) (19 CFR                       All written submissions must conform                  or worker group, a U.S. importer of the
                                                   201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 with the provisions of sections 201.8                 Subject Merchandise, a foreign producer
                                                   73 FR 24609 (May 5, 2008).                              and 207.3 of the Commission’s rules and               or exporter of the Subject Merchandise,
                                                   Consequently, former employees are not                  any submissions that contain BPI must                 a U.S. or foreign trade or business
                                                   required to seek Commission approval                    also conform with the requirements of                 association, or another interested party
                                                   to appear in a review under Commission                  sections 201.6 and 207.7 of the                       (including an explanation). If you are a
                                                   rule 19 CFR 201.15, even if the                         Commission’s rules. Please be aware                   union/worker group or trade/business
                                                   corresponding underlying original                       that the Commission’s rules with                      association, identify the firms in which
                                                   investigation or an earlier review of the               respect to filing have changed. The most              your workers are employed or which are
                                                   same underlying investigation was                       recent amendments took effect on July                 members of your association.
                                                   pending when they were Commission                       25, 2014. See 79 FR 35920 (June 25,                      (3) A statement indicating whether
                                                   employees. For further ethics advice on                 2014), and the revised Commission                     your firm/entity is willing to participate
                                                   this matter, contact Carol McCue                        Handbook on E-filing, available from the              in this proceeding by providing
                                                   Verratti, Deputy Agency Ethics Official,                Commission’s Web site at http://                      information requested by the
                                                   at 202–205–3088.                                        edis.usitc.gov. Also, in accordance with              Commission.
                                                      Limited disclosure of business                       sections 201.16(c) and 207.3 of the                      (4) A statement of the likely effects of
                                                   proprietary information (BPI) under an                  Commission’s rules, each document                     the revocation of the antidumping duty
                                                   administrative protective order (APO)                   filed by a party to the proceeding must               orders on the Domestic Industry in
                                                   and APO service list.—Pursuant to                       be served on all other parties to the                 general and/or your firm/entity
                                                   section 207.7(a) of the Commission’s                    proceeding (as identified by either the               specifically. In your response, please
                                                   rules, the Secretary will make BPI                      public or APO service list as                         discuss the various factors specified in
                                                   submitted in this proceeding available                  appropriate), and a certificate of service            section 752(a) of the Act (19 U.S.C.
                                                   to authorized applicants under the APO                  must accompany the document (if you                   1675a(a)) including the likely volume of
                                                   issued in the proceeding, provided that                 are not a party to the proceeding you do              subject imports, likely price effects of
                                                   the application is made no later than 21                not need to serve your response).                     subject imports, and likely impact of
                                                   days after publication of this notice in                   Inability to provide requested                     imports of Subject Merchandise on the
                                                   the Federal Register. Authorized                        information.—Pursuant to section                      Domestic Industry.
                                                   applicants must represent interested                    207.61(c) of the Commission’s rules, any                 (5) A list of all known and currently
                                                   parties, as defined in 19 U.S.C. 1677(9),               interested party that cannot furnish the              operating U.S. producers of the
                                                   who are parties to the proceeding. A                    information requested by this notice in               Domestic Like Product. Identify any
                                                   separate service list will be maintained                the requested form and manner shall                   known related parties and the nature of
                                                   by the Secretary for those parties                      notify the Commission at the earliest                 the relationship as defined in section
                                                   authorized to receive BPI under the                     possible time, provide a full explanation             771(4)(B) of the Act (19 U.S.C.
                                                   APO.                                                    of why it cannot provide the requested                1677(4)(B)).
                                                      Certification.—Pursuant to section                   information, and indicate alternative                    (6) A list of all known and currently
                                                   207.3 of the Commission’s rules, any                    forms in which it can provide                         operating U.S. importers of the Subject
                                                   person submitting information to the                    equivalent information. If an interested              Merchandise and producers of the
                                                   Commission in connection with this                      party does not provide this notification              Subject Merchandise in each Subject
                                                   proceeding must certify that the                        (or the Commission finds the                          Country that currently export or have
                                                   information is accurate and complete to                 explanation provided in the notification              exported Subject Merchandise to the
                                                   the best of the submitter’s knowledge. In               inadequate) and fails to provide a                    United States or other countries since
                                                   making the certification, the submitter                 complete response to this notice, the                 the Order Date.
                                                   will be deemed to consent, unless                       Commission may take an adverse                           (7) A list of 3–5 leading purchasers in
                                                   otherwise specified, for the                            inference against the party pursuant to               the U.S. market for the Domestic Like
                                                   Commission, its employees, and                          section 776(b) of the Act (19 U.S.C.                  Product and the Subject Merchandise
                                                   contract personnel to use the                           1677e(b)) in making its determinations                (including street address, World Wide
                                                   information provided in any other                       in the reviews.                                       Web address, and the name, telephone
                                                   reviews or investigations of the same or                   Information To Be Provided In                      number, fax number, and Email address
                                                   comparable products which the                           Response To This Notice Of Institution:               of a responsible official at each firm).
                                                   Commission conducts under Title VII of                  If you are a domestic producer, union/                   (8) A list of known sources of
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                                                   the Act, or in internal audits and                      worker group, or trade/business                       information on national or regional
                                                   investigations relating to the programs                 association; import/export Subject                    prices for the Domestic Like Product or
                                                   and operations of the Commission                        Merchandise from more than one                        the Subject Merchandise in the U.S. or
                                                   pursuant to 5 U.S.C. Appendix 3.                        Subject Country; or produce Subject                   other markets.
                                                      Written submissions.—Pursuant to                     Merchandise in more than one Subject                     (9) If you are a U.S. producer of the
                                                   section 207.61 of the Commission’s                      Country, you may file a single response.              Domestic Like Product, provide the
                                                   rules, each interested party response to                If you do so, please ensure that your                 following information on your firm’s
                                                   this notice must provide the information                response to each question includes the                operations on that product during


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                                                   59188                       Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices

                                                   calendar year 2014, except as noted                     Merchandise imported from each                        Demand conditions to consider include
                                                   (report quantity data in pounds and                     Subject Country; and                                  end uses and applications; the existence
                                                   value data in U.S. dollars, f.o.b. plant).                 (c) the quantity and value (f.o.b. U.S.            and availability of substitute products;
                                                   If you are a union/worker group or                      port, including antidumping duties) of                and the level of competition among the
                                                   trade/business association, provide the                 U.S. internal consumption/company                     Domestic Like Product produced in the
                                                   information, on an aggregate basis, for                 transfers of Subject Merchandise                      United States, Subject Merchandise
                                                   the firms in which your workers are                     imported from each Subject Country.                   produced in each Subject Country, and
                                                   employed/which are members of your                         (11) If you are a producer, an exporter,           such merchandise from other countries.
                                                   association.                                            or a trade/business association of                       (13) (OPTIONAL) A statement of
                                                      (a) Production (quantity) and, if                    producers or exporters of the Subject                 whether you agree with the above
                                                   known, an estimate of the percentage of                 Merchandise in any Subject Country,                   definitions of the Domestic Like Product
                                                   total U.S. production of the Domestic                   provide the following information on                  and Domestic Industry; if you disagree
                                                   Like Product accounted for by your                      your firm’s(s’) operations on that                    with either or both of these definitions,
                                                   firm’s(s’) production;                                  product during calendar year 2014                     please explain why and provide
                                                      (b) Capacity (quantity) of your firm to              (report quantity data in pounds and                   alternative definitions.
                                                   produce the Domestic Like Product (i.e.,                value data in U.S. dollars, landed and
                                                                                                                                                                   Authority: This proceeding is being
                                                   the level of production that your                       duty-paid at the U.S. port but not                    conducted under authority of Title VII of the
                                                   establishment(s) could reasonably have                  including antidumping duties). If you                 Tariff Act of 1930; this notice is published
                                                   expected to attain during the year,                     are a trade/business association, provide             pursuant to section 207.61 of the
                                                   assuming normal operating conditions                    the information, on an aggregate basis,               Commission’s rules.
                                                   (using equipment and machinery in                       for the firms which are members of your                 By order of the Commission.
                                                   place and ready to operate), normal                     association.
                                                                                                                                                                   Issued: September 24, 2015.
                                                                                                              (a) Production (quantity) and, if
                                                   operating levels (hours per week/weeks                                                                        Lisa R. Barton,
                                                                                                           known, an estimate of the percentage of
                                                   per year), time for downtime,                                                                                 Secretary to the Commission.
                                                                                                           total production of Subject Merchandise
                                                   maintenance, repair, and cleanup, and a
                                                                                                           in each Subject Country accounted for                 [FR Doc. 2015–24647 Filed 9–30–15; 8:45 am]
                                                   typical or representative product mix);
                                                                                                           by your firm’s(s’) production;                        BILLING CODE 7020–02–P
                                                      (c) the quantity and value of U.S.                      (b) Capacity (quantity) of your firm(s)
                                                   commercial shipments of the Domestic                    to produce the Subject Merchandise in
                                                   Like Product produced in your U.S.                      each Subject Country (i.e., the level of              INTERNATIONAL TRADE
                                                   plant(s);                                               production that your establishment(s)                 COMMISSION
                                                      (d) the quantity and value of U.S.                   could reasonably have expected to
                                                   internal consumption/company                                                                                  [Investigation No. 337–TA–955]
                                                                                                           attain during the year, assuming normal
                                                   transfers of the Domestic Like Product                  operating conditions (using equipment                 Certain Protective Cases for Electronic
                                                   produced in your U.S. plant(s); and                     and machinery in place and ready to                   Devices and Components Thereof
                                                      (e) the value of (i) net sales, (ii) cost            operate), normal operating levels (hours              Notice of a Commission Determination
                                                   of goods sold (COGS), (iii) gross profit,               per week/weeks per year), time for                    Not To Review an Initial Determination
                                                   (iv) selling, general and administrative                downtime, maintenance, repair, and                    Terminating the Investigation in Its
                                                   (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              Entirety Based Upon Withdrawal of the
                                                   income of the Domestic Like Product                     product mix); and                                     Complaint
                                                   produced in your U.S. plant(s) (include                    (c) the quantity and value of your
                                                   both U.S. and export commercial sales,                  firm’s(s’) exports to the United States of            AGENCY: U.S. International Trade
                                                   internal consumption, and company                       Subject Merchandise and, if known, an                 Commission.
                                                   transfers) for your most recently                       estimate of the percentage of total                   ACTION: Notice.
                                                   completed fiscal year (identify the date                exports to the United States of Subject
                                                   on which your fiscal year ends).                        Merchandise from each Subject Country                 SUMMARY:    Notice is hereby given that
                                                      (10) If you are a U.S. importer or a                 accounted for by your firm’s(s’) exports.             the U.S. International Trade
                                                   trade/business association of U.S.                         (12) Identify significant changes, if              Commission has determined not to
                                                   importers of the Subject Merchandise                    any, in the supply and demand                         review the presiding administrative law
                                                   from any Subject Country, provide the                   conditions or business cycle for the                  judge’s (‘‘ALJ’’) initial determination
                                                   following information on your firm’s(s’)                Domestic Like Product that have                       (‘‘ID’’) (Order No. 13) granting an
                                                   operations on that product during                       occurred in the United States or in the               unopposed motion to withdraw the
                                                   calendar year 2014 (report quantity data                market for the Subject Merchandise in                 complaint and terminate the
                                                   in pounds and value data in U.S.                        each Subject Country since the Order                  investigation as to remaining
                                                   dollars). If you are a trade/business                   Date, and significant changes, if any,                respondent Tech21 UK Limited of
                                                   association, provide the information, on                that are likely to occur within a                     Twickenham, United Kingdom
                                                   an aggregate basis, for the firms which                 reasonably foreseeable time. Supply                   (‘‘Tech21’’).
                                                   are members of your association.                        conditions to consider include                        FOR FURTHER INFORMATION CONTACT:
                                                      (a) The quantity and value (landed,                  technology; production methods;                       Panyin A. Hughes, Office of the General
                                                   duty-paid but not including                             development efforts; ability to increase              Counsel, U.S. International Trade
                                                   antidumping duties) of U.S. imports                     production (including the shift of                    Commission, 500 E Street SW.,
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                                                   and, if known, an estimate of the                       production facilities used for other                  Washington, DC 20436, telephone (202)
                                                   percentage of total U.S. imports of                     products and the use, cost, or                        205–3042. Copies of non-confidential
                                                   Subject Merchandise from each Subject                   availability of major inputs into                     documents filed in connection with this
                                                   Country accounted for by your firm’s(s’)                production); and factors related to the               investigation are or will be available for
                                                   imports;                                                ability to shift supply among different               inspection during official business
                                                      (b) the quantity and value (f.o.b. U.S.              national markets (including barriers to               hours (8:45 a.m. to 5:15 p.m.) in the
                                                   port, including antidumping duties) of                  importation in foreign markets or                     Office of the Secretary, U.S.
                                                   U.S. commercial shipments of Subject                    changes in market demand abroad).                     International Trade Commission, 500 E


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Document Created: 2015-12-15 08:40:31
Document Modified: 2015-12-15 08:40:31
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 59186 

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