80_FR_75360 80 FR 75130 - Petroleum Wax Candles from China; Institution of a Five-Year Review

80 FR 75130 - Petroleum Wax Candles from China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 230 (December 1, 2015)

Page Range75130-75132
FR Document2015-30197

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on petroleum wax candles from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission;\1\ to be assured of consideration, the deadline for responses is December 31, 2015. Comments on the adequacy of responses may be filed with the Commission by February 12, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 230 (Tuesday, December 1, 2015)
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75130-75132]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30197]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-282 (Fourth Review)]


Petroleum Wax Candles from China; Institution of a Five-Year 
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on petroleum 
wax candles from China would be likely to lead to continuation or 
recurrence of material injury. Pursuant to the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission;\1\ to be assured of consideration, 
the deadline for responses is December 31, 2015. Comments on the 
adequacy of responses may be filed with the Commission by February 12, 
2016.
---------------------------------------------------------------------------

    \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. 15-5-348, 
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: December 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 August 28, 1986, the Department of Commerce issued 
an antidumping duty order on imports of petroleum wax candles from 
China (51 FR 30686). Following first five-year reviews by Commerce and 
the Commission, effective September 23, 1999, Commerce issued a 
continuation of the antidumping duty order on imports of petroleum wax 
candles from China (64 FR 51514). Following second five-year reviews by 
Commerce and the Commission, effective August 10, 2005, Commerce issued 
a second continuation of the antidumping duty order on imports of 
petroleum wax candles from China (70 FR 56890, September 29, 2005). 
Following the third five-year reviews by Commerce and the Commission, 
effective January 6, 2011, Commerce issued a third continuation of the 
antidumping duty order on imports of petroleum wax candles from China 
(76 FR 773). The Commission is now conducting a fourth review pursuant 
to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to 
determine whether revocation of the order would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, Subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct a full review or an expedited review. The 
Commission's determination in any expedited review will be based on the 
facts available, which may include information provided in response to 
this notice.
    Definitions. The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and its expedited first five-year review determination, 
the Commission defined the Domestic Like Product as petroleum wax 
candles. In its full second five-year review determination and its 
expedited third five-year review determination, the Commission defined 
the Domestic Like Product as candles with fiber or paper-cored wicks 
and containing any amount of petroleum wax, except for candles 
containing more than 50 percent beeswax.
    (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 and 
its expedited first five-year review determination, the Commission 
defined the Domestic Industry as producers of petroleum wax candles. In 
its full second five-year review determination and its expedited third 
five-year review determination, the Commission defined the Domestic 
Industry as consisting of all domestic producers of candles with fiber 
or paper-cored wicks and containing petroleum wax, except for candles 
that contain more than 50 percent beeswax.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list. Persons, 
including

[[Page 75131]]

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 
December 31, 2015. Pursuant to section 207.62(b) of the Commission's 
rules, eligible parties (as specified in Commission rule 207.62(b)(1)) 
may also file comments concerning the adequacy of responses to the 
notice of institution and whether the Commission should conduct an 
expedited or full review. The deadline for filing such comments is 
February 12, 2016. All written submissions must conform with the 
provisions of sections 201.8 and 207.3 of the Commission's rules and 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Please be aware that the Commission's rules with respect to filing have 
changed. The most recent amendments took effect on July 25, 2014. See 
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from the Commission's Web site at http://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3 
of the Commission's rules, each document filed by a party to the 
proceeding must be served on all other parties to the proceeding (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the proceeding you do not need to serve your response).
    Inability to provide requested information. Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information To Be Provided In Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2009.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide

[[Page 75132]]

Web address, and the name, telephone number, fax number, and email 
address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2014, except as noted (report quantity 
data in pounds and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2014 (report quantity data in pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2014 (report quantity 
data in pounds and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping or countervailing duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2009, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority:  This proceeding is being conducted under authority 
of Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: November 23, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-30197 Filed 11-30-15; 8:45 am]
BILLING CODE P



                                              75130                       Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices

                                              opportunity to make recommendations                     be assured of consideration, the                         Commission’s Rules of Practice and
                                              regarding establishment of such fees.                   deadline for responses is December 31,                   Procedure at 19 CFR parts 201, Subparts
                                              The REA also directed the Secretaries of                2015. Comments on the adequacy of                        A and B and 19 CFR part 207, subparts
                                              the Interior and Agriculture to publish                 responses may be filed with the                          A and F. The Commission will assess
                                              advance notice in the Federal Register                  Commission by February 12, 2016.                         the adequacy of interested party
                                              whenever new recreation fee areas are                   DATES: Effective Date: December 1, 2015.                 responses to this notice of institution to
                                              established under their respective                      FOR FURTHER INFORMATION CONTACT:                         determine whether to conduct a full
                                              jurisdictions. In accordance with the                   Mary Messer (202–205–3193), Office of                    review or an expedited review. The
                                              BLM recreation fee program policy, the                  Investigations, U.S. International Trade                 Commission’s determination in any
                                              Monticello Field Office’s draft Business                Commission, 500 E Street SW.,                            expedited review will be based on the
                                              Plan for BLM Monticello Field Office                    Washington, DC 20436. Hearing-                           facts available, which may include
                                              Campgrounds explains the proposal to                    impaired persons can obtain                              information provided in response to this
                                              collect fees at the four developed                      information on this matter by contacting                 notice.
                                              camping areas, the fee collection                       the Commission’s TDD terminal on 202–                       Definitions. The following definitions
                                              process, and how the fees will be used                  205–1810. Persons with mobility                          apply to this review:
                                              at the four developed camping areas.                    impairments who will need special                           (1) Subject Merchandise is the class or
                                              The BLM will provide the public with                    assistance in gaining access to the                      kind of merchandise that is within the
                                              an opportunity to review and comment                    Commission should contact the Office                     scope of the five-year review, as defined
                                              on the draft Business Plan for a                        of the Secretary at 202–205–2000.                        by the Department of Commerce.
                                              minimum of 30 days prior to presenting                                                                              (2) The Subject Country in this review
                                                                                                      General information concerning the
                                              the fee proposal for Utah RRAC review.                                                                           is China.
                                                                                                      Commission may also be obtained by                          (3) The Domestic Like Product is the
                                              The BLM will notify and involve the                     accessing its Internet server (http://                   domestically produced product or
                                              public at each stage of the planning                    www.usitc.gov). The public record for                    products which are like, or in the
                                              process, including the proposal to                      this proceeding may be viewed on the                     absence of like, most similar in
                                              collect fees. The Utah RRAC will review                 Commission’s electronic docket (EDIS)                    characteristics and uses with, the
                                              the fee proposals at its next meeting,                  at http://edis.usitc.gov.                                Subject Merchandise. In its original
                                              following REA guidelines. Fee amounts                   SUPPLEMENTARY INFORMATION:                               determination and its expedited first
                                              will be posted on-site, on the BLM-                        Background. On August 28, 1986, the                   five-year review determination, the
                                              Monticello Field Office Web site, and at                Department of Commerce issued an                         Commission defined the Domestic Like
                                              the Monticello Field Office. Copies of                  antidumping duty order on imports of                     Product as petroleum wax candles. In its
                                              the business plan will be available at the              petroleum wax candles from China (51                     full second five-year review
                                              Monticello Field Office and the BLM-                    FR 30686). Following first five-year                     determination and its expedited third
                                              Utah State Office.                                      reviews by Commerce and the                              five-year review determination, the
                                                 Authority: 16 U.S.C. 6803(b).                        Commission, effective September 23,                      Commission defined the Domestic Like
                                                                                                      1999, Commerce issued a continuation
                                              Jenna Whitlock,                                                                                                  Product as candles with fiber or paper-
                                                                                                      of the antidumping duty order on
                                                                                                                                                               cored wicks and containing any amount
                                              Acting State Director.                                  imports of petroleum wax candles from
                                                                                                                                                               of petroleum wax, except for candles
                                              [FR Doc. 2015–30515 Filed 11–30–15; 8:45 am]            China (64 FR 51514). Following second
                                                                                                                                                               containing more than 50 percent
                                              BILLING CODE 4310–DQ–P                                  five-year reviews by Commerce and the
                                                                                                                                                               beeswax.
                                                                                                      Commission, effective August 10, 2005,                      (4) The Domestic Industry is the U.S.
                                                                                                      Commerce issued a second continuation                    producers as a whole of the Domestic
                                              INTERNATIONAL TRADE                                     of the antidumping duty order on                         Like Product, or those producers whose
                                              COMMISSION                                              imports of petroleum wax candles from
                                                                                                                                                               collective output of the Domestic Like
                                                                                                      China (70 FR 56890, September 29,
                                              [Investigation No. 731–TA–282 (Fourth                                                                            Product constitutes a major proportion
                                                                                                      2005). Following the third five-year
                                              Review)]                                                                                                         of the total domestic production of the
                                                                                                      reviews by Commerce and the
                                                                                                                                                               product. In its original determination
                                                                                                      Commission, effective January 6, 2011,
                                              Petroleum Wax Candles from China;                                                                                and its expedited first five-year review
                                                                                                      Commerce issued a third continuation
                                              Institution of a Five-Year Review                                                                                determination, the Commission defined
                                                                                                      of the antidumping duty order on
                                                                                                                                                               the Domestic Industry as producers of
                                              AGENCY: United States International                     imports of petroleum wax candles from
                                                                                                                                                               petroleum wax candles. In its full
                                              Trade Commission.                                       China (76 FR 773). The Commission is
                                                                                                                                                               second five-year review determination
                                              ACTION: Notice.                                         now conducting a fourth review
                                                                                                      pursuant to section 751(c) of the Act, as                and its expedited third five-year review
                                              SUMMARY:    The Commission hereby gives                 amended (19 U.S.C. 1675(c)), to                          determination, the Commission defined
                                              notice that it has instituted a review                  determine whether revocation of the                      the Domestic Industry as consisting of
                                              pursuant to the Tariff Act of 1930 (‘‘the               order would be likely to lead to                         all domestic producers of candles with
                                              Act’’), as amended, to determine                        continuation or recurrence of material                   fiber or paper-cored wicks and
                                              whether revocation of the antidumping                   injury to the domestic industry within                   containing petroleum wax, except for
                                              duty order on petroleum wax candles                     a reasonably foreseeable time.                           candles that contain more than 50
                                              from China would be likely to lead to                   Provisions concerning the conduct of                     percent beeswax.
                                              continuation or recurrence of material                  this proceeding may be found in the                         (5) An Importer is any person or firm
                                              injury. Pursuant to the Act, interested                                                                          engaged, either directly or through a
tkelley on DSK3SPTVN1PROD with NOTICES




                                              parties are requested to respond to this                OMB number is 3117–0016/USITC No. 15–5–348,
                                                                                                                                                               parent company or subsidiary, in
                                              notice by submitting the information                    expiration date June 30, 2017. Public reporting          importing the Subject Merchandise into
                                              specified below to the Commission;1 to
                                                                                                      burden for the request is estimated to average 15        the United States from a foreign
                                                                                                      hours per response. Please send comments                 manufacturer or through its selling
                                                                                                      regarding the accuracy of this burden estimate to
                                                1 No response to this request for information is      the Office of Investigations, U.S. International Trade   agent.
                                              required if a currently valid Office of Management      Commission, 500 E Street SW., Washington, DC                Participation in the proceeding and
                                              and Budget (OMB) number is not displayed; the           20436.                                                   public service list. Persons, including


                                         VerDate Sep<11>2014   23:35 Nov 30, 2015   Jkt 238001   PO 00000   Frm 00088   Fmt 4703   Sfmt 4703   E:\FR\FM\01DEN1.SGM   01DEN1


                                                                          Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices                                            75131

                                              industrial users of the Subject                         person submitting information to the                  equivalent information. If an interested
                                              Merchandise and, if the merchandise is                  Commission in connection with this                    party does not provide this notification
                                              sold at the retail level, representative                proceeding must certify that the                      (or the Commission finds the
                                              consumer organizations, wishing to                      information is accurate and complete to               explanation provided in the notification
                                              participate in the proceeding as parties                the best of the submitter’s knowledge. In             inadequate) and fails to provide a
                                              must file an entry of appearance with                   making the certification, the submitter               complete response to this notice, the
                                              the Secretary to the Commission, as                     will be deemed to consent, unless                     Commission may take an adverse
                                              provided in section 201.11(b)(4) of the                 otherwise specified, for the                          inference against the party pursuant to
                                              Commission’s rules, no later than 21                    Commission, its employees, and                        section 776(b) of the Act (19 U.S.C.
                                              days after publication of this notice in                contract personnel to use the                         1677e(b)) in making its determination in
                                              the Federal Register. The Secretary will                information provided in any other                     the review.
                                              maintain a public service list containing               reviews or investigations of the same or                 Information To Be Provided In
                                              the names and addresses of all persons,                 comparable products which the                         Response to This Notice of Institution:
                                              or their representatives, who are parties               Commission conducts under Title VII of                As used below, the term ‘‘firm’’ includes
                                              to the proceeding.                                      the Act, or in internal audits and                    any related firms.
                                                 Former Commission employees who                      investigations relating to the programs                  (1) The name and address of your firm
                                              are seeking to appear in Commission                     and operations of the Commission                      or entity (including World Wide Web
                                              five-year reviews are advised that they                 pursuant to 5 U.S.C. Appendix 3.                      address) and name, telephone number,
                                              may appear in a review even if they                        Written submissions. Pursuant to                   fax number, and email address of the
                                              participated personally and                             section 207.61 of the Commission’s                    certifying official.
                                              substantially in the corresponding                      rules, each interested party response to                 (2) A statement indicating whether
                                              underlying original investigation or an                 this notice must provide the information              your firm/entity is a U.S. producer of
                                              earlier review of the same underlying                   specified below. The deadline for filing              the Domestic Like Product, a U.S. union
                                              investigation. The Commission’s                         such responses is December 31, 2015.                  or worker group, a U.S. importer of the
                                              designated agency ethics official has                   Pursuant to section 207.62(b) of the                  Subject Merchandise, a foreign producer
                                              advised that a five-year review is not the              Commission’s rules, eligible parties (as              or exporter of the Subject Merchandise,
                                              same particular matter as the underlying                specified in Commission rule                          a U.S. or foreign trade or business
                                              original investigation, and a five-year                 207.62(b)(1)) may also file comments                  association, or another interested party
                                              review is not the same particular matter                concerning the adequacy of responses to               (including an explanation). If you are a
                                              as an earlier review of the same                        the notice of institution and whether the             union/worker group or trade/business
                                              underlying investigation for purposes of                Commission should conduct an                          association, identify the firms in which
                                              18 U.S.C. 207, the post employment                      expedited or full review. The deadline                your workers are employed or which are
                                              statute for Federal employees, and                      for filing such comments is February 12,              members of your association.
                                              Commission rule 201.15(b) (19 CFR                       2016. All written submissions must                       (3) A statement indicating whether
                                              201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 conform with the provisions of sections               your firm/entity is willing to participate
                                              73 FR 24609 (May 5, 2008).                              201.8 and 207.3 of the Commission’s                   in this proceeding by providing
                                              Consequently, former employees are not                  rules and any submissions that contain                information requested by the
                                              required to seek Commission approval                    BPI must also conform with the                        Commission.
                                              to appear in a review under Commission                  requirements of sections 201.6 and                       (4) A statement of the likely effects of
                                              rule 19 CFR 201.15, even if the                         207.7 of the Commission’s rules. Please               the revocation of the antidumping duty
                                              corresponding underlying original                       be aware that the Commission’s rules                  order on the Domestic Industry in
                                              investigation or an earlier review of the               with respect to filing have changed. The              general and/or your firm/entity
                                              same underlying investigation was                       most recent amendments took effect on                 specifically. In your response, please
                                              pending when they were Commission                       July 25, 2014. See 79 FR 35920 (June 25,              discuss the various factors specified in
                                              employees. For further ethics advice on                 2014), and the revised Commission                     section 752(a) of the Act (19 U.S.C.
                                              this matter, contact Carol McCue                        Handbook on E-filing, available from the              1675a(a)) including the likely volume of
                                              Verratti, Deputy Agency Ethics Official,                Commission’s Web site at http://                      subject imports, likely price effects of
                                              at 202–205–3088.                                        edis.usitc.gov. Also, in accordance with              subject imports, and likely impact of
                                                 Limited disclosure of business                       sections 201.16(c) and 207.3 of the                   imports of Subject Merchandise on the
                                              proprietary information (BPI) under an                  Commission’s rules, each document                     Domestic Industry.
                                              administrative protective order (APO)                   filed by a party to the proceeding must                  (5) A list of all known and currently
                                              and APO service list. Pursuant to                       be served on all other parties to the                 operating U.S. producers of the
                                              section 207.7(a) of the Commission’s                    proceeding (as identified by either the               Domestic Like Product. Identify any
                                              rules, the Secretary will make BPI                      public or APO service list as                         known related parties and the nature of
                                              submitted in this proceeding available                  appropriate), and a certificate of service            the relationship as defined in section
                                              to authorized applicants under the APO                  must accompany the document (if you                   771(4)(B) of the Act (19 U.S.C.
                                              issued in the proceeding, provided that                 are not a party to the proceeding you do              1677(4)(B)).
                                              the application is made no later than 21                not need to serve your response).                        (6) A list of all known and currently
                                              days after publication of this notice in                   Inability to provide requested                     operating U.S. importers of the Subject
                                              the Federal Register. Authorized                        information. Pursuant to section                      Merchandise and producers of the
                                              applicants must represent interested                    207.61(c) of the Commission’s rules, any              Subject Merchandise in the Subject
                                              parties, as defined in 19 U.S.C. 1677(9),               interested party that cannot furnish the              Country that currently export or have
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                                              who are parties to the proceeding. A                    information requested by this notice in               exported Subject Merchandise to the
                                              separate service list will be maintained                the requested form and manner shall                   United States or other countries after
                                              by the Secretary for those parties                      notify the Commission at the earliest                 2009.
                                              authorized to receive BPI under the                     possible time, provide a full explanation                (7) A list of 3–5 leading purchasers in
                                              APO.                                                    of why it cannot provide the requested                the U.S. market for the Domestic Like
                                                 Certification. Pursuant to section                   information, and indicate alternative                 Product and the Subject Merchandise
                                              207.3 of the Commission’s rules, any                    forms in which it can provide                         (including street address, World Wide


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                                              75132                       Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices

                                              Web address, and the name, telephone                       (a) The quantity and value (landed,                likely to occur within a reasonably
                                              number, fax number, and email address                   duty-paid but not including                           foreseeable time. Supply conditions to
                                              of a responsible official at each firm).                antidumping or countervailing duties)                 consider include technology;
                                                 (8) A list of known sources of                       of U.S. imports and, if known, an                     production methods; development
                                              information on national or regional                     estimate of the percentage of total U.S.              efforts; ability to increase production
                                              prices for the Domestic Like Product or                 imports of Subject Merchandise from                   (including the shift of production
                                              the Subject Merchandise in the U.S. or                  the Subject Country accounted for by                  facilities used for other products and the
                                              other markets.                                          your firm’s(s’) imports;                              use, cost, or availability of major inputs
                                                 (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            into production); and factors related to
                                              Domestic Like Product, provide the                      port, including antidumping and/or                    the ability to shift supply among
                                              following information on your firm’s                    countervailing duties) of U.S.                        different national markets (including
                                              operations on that product during                       commercial shipments of Subject                       barriers to importation in foreign
                                              calendar year 2014, except as noted                     Merchandise imported from the Subject                 markets or changes in market demand
                                              (report quantity data in pounds and                     Country; and                                          abroad). Demand conditions to consider
                                              value data in U.S. dollars, f.o.b. plant).                 (c) the quantity and value (f.o.b. U.S.            include end uses and applications; the
                                              If you are a union/worker group or                      port, including antidumping and/or                    existence and availability of substitute
                                              trade/business association, provide the                 countervailing duties) of U.S. internal               products; and the level of competition
                                              information, on an aggregate basis, for                 consumption/company transfers of                      among the Domestic Like Product
                                              the firms in which your workers are                     Subject Merchandise imported from the                 produced in the United States, Subject
                                              employed/which are members of your                      Subject Country.                                      Merchandise produced in the Subject
                                              association.                                               (11) If you are a producer, an exporter,           Country, and such merchandise from
                                                 (a) Production (quantity) and, if                    or a trade/business association of                    other countries.
                                              known, an estimate of the percentage of                 producers or exporters of the Subject                    (13) (Optional) A statement of
                                              total U.S. production of the Domestic                   Merchandise in the Subject Country,                   whether you agree with the above
                                              Like Product accounted for by your                      provide the following information on                  definitions of the Domestic Like Product
                                              firm’s(s’) production;                                  your firm’s(s’) operations on that
                                                                                                                                                            and Domestic Industry; if you disagree
                                                 (b) Capacity (quantity) of your firm to              product during calendar year 2014
                                                                                                                                                            with either or both of these definitions,
                                              produce the Domestic Like Product (i.e.,                (report quantity data in pounds and
                                                                                                                                                            please explain why and provide
                                              the level of production that your                       value data in U.S. dollars, landed and
                                                                                                                                                            alternative definitions.
                                              establishment(s) could reasonably have                  duty-paid at the U.S. port but not
                                              expected to attain during the year,                     including antidumping or                                Authority: This proceeding is being
                                              assuming normal operating conditions                    countervailing duties). If you are a                  conducted under authority of Title VII of the
                                                                                                                                                            Tariff Act of 1930; this notice is published
                                              (using equipment and machinery in                       trade/business association, provide the
                                                                                                                                                            pursuant to section 207.61 of the
                                              place and ready to operate), normal                     information, on an aggregate basis, for               Commission’s rules.
                                              operating levels (hours per week/weeks                  the firms which are members of your
                                              per year), time for downtime,                           association.                                            By order of the Commission.
                                              maintenance, repair, and cleanup, and a                    (a) Production (quantity) and, if                    Issued: November 23, 2015.
                                              typical or representative product mix);                 known, an estimate of the percentage of               Lisa R. Barton,
                                                 (c) the quantity and value of U.S.                   total production of Subject Merchandise               Secretary to the Commission.
                                              commercial shipments of the Domestic                    in the Subject Country accounted for by               [FR Doc. 2015–30197 Filed 11–30–15; 8:45 am]
                                              Like Product produced in your U.S.                      your firm’s(s’) production;                           BILLING CODE P
                                              plant(s);                                                  (b) Capacity (quantity) of your firm(s)
                                                 (d) the quantity and value of U.S.                   to produce the Subject Merchandise in
                                              internal consumption/company                            the Subject Country (i.e., the level of               INTERNATIONAL TRADE
                                              transfers of the Domestic Like Product                  production that your establishment(s)                 COMMISSION
                                              produced in your U.S. plant(s); and                     could reasonably have expected to
                                                 (e) the value of (i) net sales, (ii) cost            attain during the year, assuming normal               [Investigation No. 701–TA–405 (Section 129
                                                                                                                                                            Consistency Determination)]
                                              of goods sold (COGS), (iii) gross profit,               operating conditions (using equipment
                                              (iv) selling, general and administrative                and machinery in place and ready to                   Hot-Rolled Steel Products From India;
                                              (SG&A) expenses, and (v) operating                      operate), normal operating levels (hours              Scheduling of a Countervailing Duty
                                              income of the Domestic Like Product                     per week/weeks per year), time for                    Proceeding Under the Uruguay Round
                                              produced in your U.S. plant(s) (include                 downtime, maintenance, repair, and                    Agreements Act (URAA)
                                              both U.S. and export commercial sales,                  cleanup, and a typical or representative
                                              internal consumption, and company                       product mix); and                                     AGENCY: United States International
                                              transfers) for your most recently                          (c) the quantity and value of your                 Trade Commission.
                                              completed fiscal year (identify the date                firm’s(s’) exports to the United States of            ACTION: Notice.
                                              on which your fiscal year ends).                        Subject Merchandise and, if known, an
                                                 (10) If you are a U.S. importer or a                 estimate of the percentage of total                   SUMMARY:   The Commission hereby gives
                                              trade/business association of U.S.                      exports to the United States of Subject               notice of the schedule for issuance of a
                                              importers of the Subject Merchandise                    Merchandise from the Subject Country                  consistency determination following
                                              from the Subject Country, provide the                   accounted for by your firm’s(s’) exports.             receipt on November 6, 2015, of a
                                              following information on your firm’s(s’)                   (12) Identify significant changes, if              request from the United States Trade
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                                              operations on that product during                       any, in the supply and demand                         Representative (USTR) for a
                                              calendar year 2014 (report quantity data                conditions or business cycle for the                  determination under section 129(a)(4) of
                                              in pounds and value data in U.S.                        Domestic Like Product that have                       the URAA that would render the
                                              dollars). If you are a trade/business                   occurred in the United States or in the               Commission’s action in connection with
                                              association, provide the information, on                market for the Subject Merchandise in                 its countervailing duty investigation
                                              an aggregate basis, for the firms which                 the Subject Country after 2009, and                   regarding imports of hot-rolled steel
                                              are members of your association.                        significant changes, if any, that are                 products from India, in Inv. No. 701–


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Document Created: 2018-03-02 09:11:03
Document Modified: 2018-03-02 09:11:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: December 1, 2015.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation80 FR 75130 

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