80_FR_59379 80 FR 59189 - Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From China and Indonesia; Institution of Five-Year Reviews

80 FR 59189 - Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From China and Indonesia; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range59189-59191
FR Document2015-24722

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 Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia 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 59189-59191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24722]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-470-471 and 731-TA-1169-1170 (Review)]


Certain Coated Paper Suitable for High-Quality Print Graphics 
Using Sheet-Fed Presses From China and Indonesia; 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 Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from China and Indonesia 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. 15-5-343, 
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 17, 2010, the Department of Commerce 
issued antidumping and countervailing duty orders on imports of Certain 
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed 
Presses from China and Indonesia (75 FR 70201-70208, as corrected 75 FR 
75663, December 6, 2010). 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 Indonesia.
    (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 
consisting of coated paper meeting the physical specifications of 
Commerce's scope definition and sheeter rolls.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined a single Domestic Industry consisting of U.S.

[[Page 59190]]

producers and converters of the Domestic Like Product.
    (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 November 17, 2010.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is 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 and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your

[[Page 59191]]

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 calendar year 2014, except as noted (report quantity 
data in short tons 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 short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each 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 each 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 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 short tons 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 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. 2015-24722 Filed 9-30-15; 8:45 am]
BILLING CODE 7020-02-P



                                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices                                              59189

                                                   Street SW., Washington, DC 20436,                         By order of the Commission.                            General information concerning the
                                                   telephone (202) 205–2000. General                         Issued: September 28, 2015.                            Commission may also be obtained by
                                                   information concerning the Commission                   William R. Bishop,                                       accessing its internet server (http://
                                                   may also be obtained by accessing its                   Supervisory Hearings and Information                     www.usitc.gov). The public record for
                                                   Internet server at http://www.usitc.gov.                Officer.                                                 this proceeding may be viewed on the
                                                   The public record for this investigation                [FR Doc. 2015–24935 Filed 9–30–15; 8:45 am]              Commission’s electronic docket (EDIS)
                                                   may be viewed on the Commission’s                       BILLING CODE 7020–02–P
                                                                                                                                                                    at http://edis.usitc.gov.
                                                   electronic docket (EDIS) at http://                                                                              SUPPLEMENTARY INFORMATION:
                                                   edis.usitc.gov. Hearing-impaired                                                                                    Background.—On November 17, 2010,
                                                   persons are advised that information on                 INTERNATIONAL TRADE                                      the Department of Commerce issued
                                                   this matter can be obtained by                          COMMISSION                                               antidumping and countervailing duty
                                                   contacting the Commission’s TDD                                                                                  orders on imports of Certain Coated
                                                   terminal on (202) 205–1810.                             [Investigation Nos. 701–TA–470–471 and
                                                                                                           731–TA–1169–1170 (Review)]                               Paper Suitable for High-Quality Print
                                                   SUPPLEMENTARY INFORMATION: The                                                                                   Graphics Using Sheet-Fed Presses from
                                                   Commission instituted this investigation                Certain Coated Paper Suitable for                        China and Indonesia (75 FR 70201–
                                                   on April 30, 2015, based on a Complaint                 High-Quality Print Graphics Using                        70208, as corrected 75 FR 75663,
                                                   filed by Otter Products, LLC of Fort                    Sheet-Fed Presses From China and                         December 6, 2010). The Commission is
                                                   Collins, Colorado (‘‘OtterBox’’). 80 FR                 Indonesia; Institution of Five-Year                      conducting reviews pursuant to section
                                                   24276 (Apr. 30, 2015). The Complaint,                   Reviews                                                  751(c) of the Act, as amended (19 U.S.C.
                                                   as amended, alleges violations of section                                                                        1675(c)), to determine whether
                                                   337 of the Tariff Act of 1930, as                       AGENCY: United States International                      revocation of the orders would be likely
                                                   amended, 19 U.S.C. 1337, in the                         Trade Commission.                                        to lead to continuation or recurrence of
                                                   importation into the United States, the                 ACTION: Notice.                                          material injury to the domestic industry
                                                   sale for importation, and the sale within                                                                        within a reasonably foreseeable time.
                                                   the United States after importation of                  SUMMARY:    The Commission hereby gives                  Provisions concerning the conduct of
                                                   certain protective cases for electronic                 notice that it has instituted reviews                    this proceeding may be found in the
                                                   devices and components thereof by                       pursuant to the Tariff Act of 1930 (‘‘the                Commission’s Rules of Practice and
                                                   reason of infringement of certain claims                Act’’), as amended, to determine                         Procedure at 19 CFR parts 201, subparts
                                                   of U.S. Patent Nos. 8,792,232 and                       whether revocation of the antidumping                    A and B and 19 CFR part 207, subparts
                                                   8,976,512. The notice of investigation                  and countervailing duty orders on                        A and F. The Commission will assess
                                                   named Speculative Product Design, LLC                   Certain Coated Paper Suitable for High-                  the adequacy of interested party
                                                   of San Mateo, California (‘‘Speck’’) and                Quality Print Graphics Using Sheet-Fed                   responses to this notice of institution to
                                                   Tech21 as respondents. The Office of                    Presses from China and Indonesia                         determine whether to conduct full or
                                                   Unfair Import Investigations is not a                   would be likely to lead to continuation                  expedited reviews. The Commission’s
                                                   party to this investigation.                            or recurrence of material injury.                        determinations in any expedited
                                                      On July 22, 2015, the ALJ issued an                  Pursuant to the Act, interested parties                  reviews will be based on the facts
                                                   ID granting a motion to terminate the                   are requested to respond to this notice                  available, which may include
                                                   investigation as to Speck based upon                    by submitting the information specified                  information provided in response to this
                                                   settlement. See Order No. 9. The                        below to the Commission; 1 to be                         notice.
                                                   Commission determined not to review                     assured of consideration, the deadline                      Definitions.—The following
                                                   the ID. See Notice of a Commission                      for responses is November 2, 2015.                       definitions apply to these reviews:
                                                   Determination Not to Review an Initial                  Comments on the adequacy of responses
                                                   Determination Terminating the                                                                                       (1) Subject Merchandise is the class or
                                                                                                           may be filed with the Commission by                      kind of merchandise that is within the
                                                   Investigation as to Speculative Product                 December 15, 2015.
                                                   Design, LLC Based Upon Settlement                                                                                scope of the five-year reviews, as
                                                                                                           DATES: Effective Date: October 1, 2015.                  defined by the Department of
                                                   (Aug. 21, 2015).
                                                      On September 8, 2015, OtterBox and                   FOR FURTHER INFORMATION CONTACT:                         Commerce.
                                                   Tech21 jointly moved to terminate the                   Mary Messer (202–205–3193), Office of                       (2) The Subject Countries in these
                                                   investigation in its entirety based upon                Investigations, U.S. International Trade                 reviews are China and Indonesia.
                                                   withdrawal of the complaint. No                         Commission, 500 E Street SW.,                               (3) The Domestic Like Product is the
                                                   responses to the motion were received.                  Washington, DC 20436. Hearing-                           domestically produced product or
                                                      On September 9, 2015, the ALJ issued                 impaired persons can obtain                              products which are like, or in the
                                                   the subject ID, granting the unopposed                  information on this matter by contacting                 absence of like, most similar in
                                                   motion. The ALJ found that the motion                   the Commission’s TDD terminal on 202–                    characteristics and uses with, the
                                                   complied with the requirements of                       205–1810. Persons with mobility                          Subject Merchandise. In its original
                                                   Commission Rule 210.21(a)(1) (19 CFR                    impairments who will need special                        determinations, the Commission
                                                   210.21(a)(1)) and further found that no                 assistance in gaining access to the                      defined a single Domestic Like Product
                                                   extraordinary circumstances prohibited                  Commission should contact the Office                     consisting of coated paper meeting the
                                                   granting the motion. None of the parties                of the Secretary at 202–205–2000.                        physical specifications of Commerce’s
                                                   petitioned for review of the ID.                                                                                 scope definition and sheeter rolls.
                                                      The Commission has determined not                      1 No response to this request for information is          (4) The Domestic Industry is the U.S.
mstockstill on DSK4VPTVN1PROD with NOTICES6




                                                   to review the ID.                                       required if a currently valid Office of Management       producers as a whole of the Domestic
                                                                                                           and Budget (OMB) number is not displayed; the
                                                      The authority for the Commission’s                   OMB number is 3117–0016/USITC No. 15–5–343,
                                                                                                                                                                    Like Product, or those producers whose
                                                   determination is contained in section                   expiration date June 30, 2017. Public reporting          collective output of the Domestic Like
                                                   337 of the Tariff Act of 1930, as                       burden for the request is estimated to average 15        Product constitutes a major proportion
                                                   amended (19 U.S.C. 1337), and in Part                   hours per response. Please send comments                 of the total domestic production of the
                                                                                                           regarding the accuracy of this burden estimate to
                                                   210 of the Commission’s Rules of                        the Office of Investigations, U.S. International Trade
                                                                                                                                                                    product. In its original determinations,
                                                   Practice and Procedure (19 CFR part                     Commission, 500 E Street SW., Washington, DC             the Commission defined a single
                                                   210).                                                   20436.                                                   Domestic Industry consisting of U.S.


                                              VerDate Sep<11>2014   21:04 Sep 30, 2015   Jkt 238001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\01OCN1.SGM    01OCN1


                                                   59190                       Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices

                                                   producers and converters of the                         rules, the Secretary will make BPI                    public or APO service list as
                                                   Domestic Like Product.                                  submitted in this proceeding available                appropriate), and a certificate of service
                                                      (5) The Order Date is the date that the              to authorized applicants under the APO                must accompany the document (if you
                                                   antidumping and countervailing duty                     issued in the proceeding, provided that               are not a party to the proceeding you do
                                                   orders under review became effective. In                the application is made no later than 21              not need to serve your response).
                                                   these reviews, the Order Date is                        days after publication of this notice in                 Inability to provide requested
                                                   November 17, 2010.                                      the Federal Register. Authorized                      information.—Pursuant to section
                                                      (6) An Importer is any person or firm                applicants must represent interested                  207.61(c) of the Commission’s rules, any
                                                   engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),             interested party that cannot furnish the
                                                   parent company or subsidiary, in                        who are parties to the proceeding. A                  information requested by this notice in
                                                   importing the Subject Merchandise into                  separate service list will be maintained              the requested form and manner shall
                                                   the United States from a foreign                        by the Secretary for those parties                    notify the Commission at the earliest
                                                   manufacturer or through its selling                     authorized to receive BPI under the                   possible time, provide a full explanation
                                                   agent.                                                  APO.                                                  of why it cannot provide the requested
                                                      Participation in the proceeding and                     Certification.—Pursuant to section                 information, and indicate alternative
                                                   public service list.—Persons, including                 207.3 of the Commission’s rules, any                  forms in which it can provide
                                                   industrial users of the Subject                         person submitting information to the                  equivalent information. If an interested
                                                   Merchandise and, if the merchandise is                  Commission in connection with this                    party does not provide this notification
                                                   sold at the retail level, representative                proceeding must certify that the                      (or the Commission finds the
                                                   consumer organizations, wishing to                      information is accurate and complete to               explanation provided in the notification
                                                   participate in the proceeding as parties                the best of the submitter’s knowledge. In             inadequate) and fails to provide a
                                                   must file an entry of appearance with                   making the certification, the submitter               complete response to this notice, the
                                                   the Secretary to the Commission, as                     will be deemed to consent, unless                     Commission may take an adverse
                                                   provided in section 201.11(b)(4) of the                 otherwise specified, for the                          inference against the party pursuant to
                                                   Commission’s rules, no later than 21                    Commission, its employees, and                        section 776(b) of the Act (19 U.S.C.
                                                   days after publication of this notice in                contract personnel to use the                         1677e(b)) in making its determinations
                                                   the Federal Register. The Secretary will                information provided in any other                     in the reviews.
                                                   maintain a public service list containing               reviews or investigations of the same or                 Information To Be Provided in
                                                   the names and addresses of all persons,                 comparable products which the                         Response to This Notice of Institution: If
                                                   or their representatives, who are parties               Commission conducts under title VII of                you are a domestic producer, union/
                                                   to the proceeding.                                      the Act, or in internal audits and                    worker group, or trade/business
                                                      Former Commission employees who                      investigations relating to the programs               association; import/export Subject
                                                   are seeking to appear in Commission                     and operations of the Commission                      Merchandise from more than one
                                                   five-year reviews are advised that they                 pursuant to 5 U.S.C. Appendix 3.                      Subject Country; or produce Subject
                                                   may appear in a review even if they                        Written submissions.—Pursuant to                   Merchandise in more than one Subject
                                                   participated personally and                             section 207.61 of the Commission’s                    Country, you may file a single response.
                                                   substantially in the corresponding                      rules, each interested party response to              If you do so, please ensure that your
                                                   underlying original investigation or an                 this notice must provide the information              response to each question includes the
                                                   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
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                                                   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 and
                                                   administrative protective order (APO)                   filed by a party to the proceeding must               countervailing duty orders on the
                                                   and APO service list.—Pursuant to                       be served on all other parties to the                 Domestic Industry in general and/or
                                                   section 207.7(a) of the Commission’s                    proceeding (as identified by either the               your firm/entity specifically. In your


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                                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices                                                 59191

                                                   response, please discuss the various                       (d) the quantity and value of U.S.                    (b) Capacity (quantity) of your firm(s)
                                                   factors specified in section 752(a) of the              internal consumption/company                          to produce the Subject Merchandise in
                                                   Act (19 U.S.C. 1675a(a)) including the                  transfers of the Domestic Like Product                each Subject Country (i.e., the level of
                                                   likely volume of subject imports, likely                produced in your U.S. plant(s); and                   production that your establishment(s)
                                                   price effects of subject imports, and                      (e) the value of (i) net sales, (ii) cost          could reasonably have expected to
                                                   likely impact of imports of Subject                     of goods sold (COGS), (iii) gross profit,             attain during the year, assuming normal
                                                   Merchandise on the Domestic Industry.                   (iv) selling, general and administrative              operating conditions (using equipment
                                                      (5) A list of all known and currently                (SG&A) expenses, and (v) operating                    and machinery in place and ready to
                                                   operating U.S. producers of the                         income of the Domestic Like Product                   operate), normal operating levels (hours
                                                   Domestic Like Product. Identify any                     produced in your U.S. plant(s) (include               per week/weeks per year), time for
                                                   known related parties and the nature of                 both U.S. and export commercial sales,                downtime, maintenance, repair, and
                                                   the relationship as defined in section                  internal consumption, and company                     cleanup, and a typical or representative
                                                   771(4)(B) of the Act (19 U.S.C.                         transfers) for your most recently                     product mix); and
                                                   1677(4)(B)).                                            completed fiscal year (identify the date                 (c) the quantity and value of your
                                                      (6) A list of all known and currently                on which your fiscal year ends).                      firm’s(s’) exports to the United States of
                                                   operating U.S. importers of the Subject                    (10) If you are a U.S. importer or a               Subject Merchandise and, if known, an
                                                   Merchandise and producers of the                        trade/business association of U.S.                    estimate of the percentage of total
                                                   Subject Merchandise in each Subject                     importers of the Subject Merchandise                  exports to the United States of Subject
                                                   Country that currently export or have                   from any Subject Country, provide the                 Merchandise from each Subject Country
                                                   exported Subject Merchandise to the                     following information on your firm’s(s’)              accounted for by your firm’s(s’) exports.
                                                   United States or other countries since                  operations on that product during                        (12) Identify significant changes, if
                                                   the Order Date.                                         calendar year 2014 (report quantity data              any, in the supply and demand
                                                      (7) A list of 3–5 leading purchasers in              in short tons and value data in U.S.                  conditions or business cycle for the
                                                   the U.S. market for the Domestic Like                   dollars). If you are a trade/business                 Domestic Like Product that have
                                                   Product and the Subject Merchandise                     association, provide the information, on              occurred in the United States or in the
                                                   (including street address, World Wide                   an aggregate basis, for the firms which               market for the Subject Merchandise in
                                                   Web address, and the name, telephone                    are members of your association.                      each Subject Country since the Order
                                                   number, fax number, and Email address                      (a) The quantity and value (landed,                Date, and significant changes, if any,
                                                   of a responsible official at each firm).                duty-paid but not including                           that are likely to occur within a
                                                      (8) A list of known sources of                       antidumping or countervailing duties)                 reasonably foreseeable time. Supply
                                                   information on national or regional                     of U.S. imports and, if known, an                     conditions to consider include
                                                   prices for the Domestic Like Product or                 estimate of the percentage of total U.S.              technology; production methods;
                                                   the Subject Merchandise in the U.S. or                  imports of Subject Merchandise from                   development efforts; ability to increase
                                                   other markets.                                          each Subject Country accounted for by                 production (including the shift of
                                                      (9) If you are a U.S. producer of the                your firm’s(s’) imports;                              production facilities used for other
                                                   Domestic Like Product, provide the                         (b) the quantity and value (f.o.b. U.S.            products and the use, cost, or
                                                   following information on your firm’s                    port, including antidumping and/or                    availability of major inputs into
                                                   operations on that product during                       countervailing duties) of U.S.                        production); and factors related to the
                                                   calendar year 2014, except as noted                     commercial shipments of Subject                       ability to shift supply among different
                                                   (report quantity data in short tons and                 Merchandise imported from each                        national markets (including barriers to
                                                   value data in U.S. dollars, f.o.b. plant).              Subject Country; and                                  importation in foreign markets or
                                                   If you are a union/worker group or                         (c) the quantity and value (f.o.b. U.S.            changes in market demand abroad).
                                                   trade/business association, provide the                 port, including antidumping and/or                    Demand conditions to consider include
                                                   information, on an aggregate basis, for                 countervailing duties) of U.S. internal               end uses and applications; the existence
                                                   the firms in which your workers are                     consumption/company transfers of                      and availability of substitute products;
                                                   employed/which are members of your                      Subject Merchandise imported from                     and the level of competition among the
                                                   association.                                            each Subject Country.                                 Domestic Like Product produced in the
                                                      (a) Production (quantity) and, if                       (11) If you are a producer, an exporter,           United States, Subject Merchandise
                                                   known, an estimate of the percentage of                 or a trade/business association of                    produced in each Subject Country, and
                                                   total U.S. production of the Domestic                   producers or exporters of the Subject                 such merchandise from other countries.
                                                                                                                                                                    (13) (OPTIONAL) A statement of
                                                   Like Product accounted for by your                      Merchandise in any Subject Country,
                                                                                                                                                                 whether you agree with the above
                                                   firm’s(s’) production;                                  provide the following information on
                                                                                                                                                                 definitions of the Domestic Like Product
                                                      (b) Capacity (quantity) of your firm to              your firm’s(s’) operations on that
                                                                                                                                                                 and Domestic Industry; if you disagree
                                                   produce the Domestic Like Product (i.e.,                product during calendar year 2014
                                                                                                                                                                 with either or both of these definitions,
                                                   the level of production that your                       (report quantity data in short tons and
                                                                                                                                                                 please explain why and provide
                                                   establishment(s) could reasonably have                  value data in U.S. dollars, landed and
                                                                                                                                                                 alternative definitions.
                                                   expected to attain during the year,                     duty-paid at the U.S. port but not
                                                   assuming normal operating conditions                    including antidumping or                                Authority: This proceeding is being
                                                   (using equipment and machinery in                       countervailing duties). If you are a                  conducted under authority of title VII of the
                                                                                                                                                                 Tariff Act of 1930; this notice is published
                                                   place and ready to operate), normal                     trade/business association, provide the
                                                                                                                                                                 pursuant to section 207.61 of the
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                                                   operating levels (hours per week/weeks                  information, on an aggregate basis, for               Commission’s rules.
                                                   per year), time for downtime,                           the firms which are members of your
                                                   maintenance, repair, and cleanup, and a                 association.                                            By order of the Commission.
                                                   typical or representative product mix);                    (a) Production (quantity) and, if                    Issued: September 24, 2015.
                                                      (c) the quantity and value of U.S.                   known, an estimate of the percentage of               Lisa R. Barton,
                                                   commercial shipments of the Domestic                    total production of Subject Merchandise               Secretary to the Commission.
                                                   Like Product produced in your U.S.                      in each Subject Country accounted for                 [FR Doc. 2015–24722 Filed 9–30–15; 8:45 am]
                                                   plant(s);                                               by your firm’s(s’) production;                        BILLING CODE 7020–02–P




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Document Created: 2015-12-15 08:40:07
Document Modified: 2015-12-15 08:40:07
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 59189 

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