81_FR_10696 81 FR 10656 - Carbon Steel Butt-Weld Pipe Fittings From Brazil, China, Japan, Taiwan, and Thailand; Institution of Five-Year Reviews

81 FR 10656 - Carbon Steel Butt-Weld Pipe Fittings From Brazil, China, Japan, Taiwan, and Thailand; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range10656-10659
FR Document2016-04164

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 March 31, 2016. Comments on the adequacy of responses may be filed with the Commission by May 13, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016) 
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10656-10659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04164]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-308-310 and 520-521 (Fourth Review)]


Carbon Steel Butt-Weld Pipe Fittings From Brazil, China, Japan, 
Taiwan, and Thailand; Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping duty orders on 
carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, 
and Thailand 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 March 31, 2016. Comments on the adequacy of responses may 
be filed with the Commission by May 13, 2016.
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    \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. 16-5-351, 
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.

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DATES: Effective: March 1, 2016.

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 December 12, 1986, the Department of Commerce 
(``Commerce'') issued antidumping duty orders on imports of carbon 
steel butt-weld pipe fittings from Brazil and Taiwan (51 FR 45152). On 
February 10, 1987, Commerce issued an antidumping duty order on imports 
of carbon steel butt-weld pipe fittings from Japan (52 FR 4167). On 
July 6, 1992, Commerce issued antidumping duty orders on imports of 
carbon steel butt-weld pipe fittings from China and Thailand (57 FR 
29702). Following the first five-year reviews by Commerce and the 
Commission, effective January 6, 2000, Commerce issued a notice of the 
continuation of the antidumping duty orders on imports of carbon steel 
butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 
(65 FR 753). Following second five-year reviews by Commerce and the 
Commission, effective November 21, 2005, Commerce issued a notice of 
the continuation of the antidumping duty orders on imports of carbon 
steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and 
Thailand (70 FR 70059). Following the third five-year reviews by 
Commerce and the Commission, effective April 15, 2011, Commerce issued 
a notice of the continuation of the antidumping duty

[[Page 10657]]

orders on imports of carbon steel butt-weld pipe fittings from Brazil, 
China, Japan, Taiwan, and Thailand (73 FR 21331). The Commission is now 
conducting fourth 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 Brazil, China, 
Japan, Taiwan, and Thailand.
    (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, its expedited first five-year review determinations, 
its full second five-year review determinations, and its expedited 
third five-year review determinations, the Commission defined the 
Domestic Like Product as all carbon steel butt-weld pipe fittings 
corresponding to Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, its 
expedited first five-year review determinations, and its full second 
five-year review determinations, the Commission defined a single 
Domestic Industry: Producers of finished and unfinished carbon steel 
butt-weld pipe fittings having an inside diameter of less than 14 
inches, including integrated producers, converters, and combination 
producers which perform both integrated production and conversion. One 
Commissioner defined the Domestic Industry differently in the original 
determinations concerning Brazil, Japan, and Taiwan. In the original 
determinations concerning China and Thailand, the Commission excluded 
two domestic producers, Tube Line and Weldbend, from the Domestic 
Industry under the related parties provision. In its expedited first 
five-year review determinations, the Commission once again excluded 
Tube Line from the Domestic Industry under the related parties 
provision but found that Weldbend was no longer a related party 
eligible for exclusion. Certain Commissioners did not exclude Tube Line 
from the Domestic Industry in the expedited first five-year reviews. In 
the full second five-year review determinations, the Commission 
determined that appropriate circumstances did not exist for excluding 
any domestic producer from the Domestic Industry as a related party. In 
its expedited third five-year review determinations, the Commission 
defined a single Domestic Industry consisting of all domestic producers 
of carbon steel butt-weld pipe fittings.
    (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 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 March 31, 2016. 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

[[Page 10658]]

or full reviews. The deadline for filing such comments is May 13, 2016. 
All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of sections 201.6, 207.3, and 207.7 
of the Commission's rules. The Commission's Handbook on 
E[hyphen]Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to 
electronic filing. Also, in accordance with sections 201.16(c) and 
207.3 of the Commission's rules, each document filed by a party to the 
proceeding must be served on all other parties to the proceeding (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the proceeding you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries 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 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 2015, except as noted (report quantity 
data in pounds and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that

[[Page 10659]]

product during calendar year 2015 (report quantity data in pounds and 
value data in U.S. dollars, landed and duty-paid at the U.S. port but 
not including antidumping duties). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country 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 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: February 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-04164 Filed 2-29-16; 8:45 am]
 BILLING CODE 7020-02-P

10656 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices submissions that address the Persons with questions regarding filing consideration, the deadline for aforementioned public interest factors should contact the Secretary (202–205– responses is March 31, 2016. Comments in the context of this investigation. 2000). on the adequacy of responses may be If the Commission orders some form Any person desiring to submit a filed with the Commission by May 13, of remedy, the U.S. Trade document to the Commission in 2016. Representative, as delegated by the confidence must request confidential DATES: Effective: March 1, 2016. President, has 60 days to approve or treatment. All such requests should be FOR FURTHER INFORMATION CONTACT: disapprove the Commission’s action. directed to the Secretary to the Mary Messer (202–205–3193), Office of See Presidential Memorandum of July Commission and must include a full Investigations, U.S. International Trade 21, 2005. 70 FR 43251 (July 26, 2005). statement of the reasons why the Commission, 500 E Street SW., During this period, the subject articles Commission should grant such Washington, DC 20436. Hearing- would be entitled to enter the United treatment. See 19 CFR 201.6. Documents impaired persons can obtain States under bond, in an amount for which confidential treatment by the information on this matter by contacting determined by the Commission and Commission is properly sought will be the Commission’s TDD terminal on 202– prescribed by the Secretary of the treated accordingly. A redacted non- 205–1810. Persons with mobility Treasury. The Commission is therefore confidential version of the document impairments who will need special interested in receiving submissions must also be filed simultaneously with concerning the amount of the bond that assistance in gaining access to the any confidential filing. All non- Commission should contact the Office should be imposed if a remedy is confidential written submissions will be ordered. of the Secretary at 202–205–2000. available for public inspection at the General information concerning the Written Submissions: The parties to Office of the Secretary and on EDIS. the investigation are requested to file Commission may also be obtained by The authority for the Commission’s written submissions on the issues accessing its internet server (http:// determination is contained in section identified in this notice. Parties to the www.usitc.gov). The public record for 337 of the Tariff Act of 1930, as investigation, interested government this proceeding may be viewed on the amended (19 U.S.C. 1337), and in Part agencies, and any other interested Commission’s electronic docket (EDIS) 210 of the Commission’s Rules of parties are encouraged to file written at http://edis.usitc.gov. Practice and Procedure (19 CFR part submissions on the issues of remedy, 210). SUPPLEMENTARY INFORMATION: the public interest, and bonding. Such Background.—On December 12, 1986, By order of the Commission. the Department of Commerce submissions should address the recommended determination by the ALJ Issued: February 24, 2016. (‘‘Commerce’’) issued antidumping duty on remedy and bonding. Complainants Lisa R. Barton, orders on imports of carbon steel butt- are requested to submit proposed Secretary to the Commission. weld pipe fittings from Brazil and remedial orders for the Commission’s [FR Doc. 2016–04406 Filed 2–29–16; 8:45 am] Taiwan (51 FR 45152). On February 10, consideration. Complainants are also BILLING CODE 7020–02–P 1987, Commerce issued an antidumping requested to state the date that the duty order on imports of carbon steel patents expire and the HTSUS numbers butt-weld pipe fittings from Japan (52 under which the accused products are INTERNATIONAL TRADE FR 4167). On July 6, 1992, Commerce imported. Complainants are further COMMISSION issued antidumping duty orders on requested to supply the names of known imports of carbon steel butt-weld pipe [Investigation Nos. 731–TA–308–310 and importers of the products at issue in this 520–521 (Fourth Review)] fittings from China and Thailand (57 FR investigation. The written submissions 29702). Following the first five-year and proposed remedial orders must be Carbon Steel Butt-Weld Pipe Fittings reviews by Commerce and the filed no later than close of business on From Brazil, China, Japan, Taiwan, and Commission, effective January 6, 2000, March 7, 2016. Reply submissions must Thailand; Institution of Five-Year Commerce issued a notice of the be filed no later than the close of Reviews continuation of the antidumping duty business on March 14, 2016. Such orders on imports of carbon steel butt- submissions should address the ALJ’s AGENCY: United States International weld pipe fittings from Brazil, China, recommended determinations on Trade Commission. Japan, Taiwan, and Thailand (65 FR remedy and bonding. No further ACTION: Notice. 753). Following second five-year submissions on any of these issues will reviews by Commerce and the be permitted unless otherwise ordered SUMMARY: The Commission hereby gives Commission, effective November 21, by the Commission. notice that it has instituted reviews 2005, Commerce issued a notice of the Persons filing written submissions pursuant to the Tariff Act of 1930 (‘‘the continuation of the antidumping duty must file the original document Act’’), as amended, to determine orders on imports of carbon steel butt- electronically on or before the deadlines whether revocation of the antidumping weld pipe fittings from Brazil, China, stated above and submit eight true paper duty orders on carbon steel butt-weld Japan, Taiwan, and Thailand (70 FR copies to the Office of the Secretary by pipe fittings from Brazil, China, Japan, 70059). Following the third five-year noon the next day pursuant to section Taiwan, and Thailand would be likely reviews by Commerce and the 210.4(f) of the Commission’s Rules of to lead to continuation or recurrence of Commission, effective April 15, 2011, Practice and Procedure (19 CFR material injury. Pursuant to the Act, asabaliauskas on DSK5VPTVN1PROD with NOTICES Commerce issued a notice of the 210.4(f)). Submissions should refer to interested parties are requested to continuation of the antidumping duty the investigation number (‘‘Inv. No. respond to this notice by submitting the 337–TA–941’’) in a prominent place on information specified below to the expiration date June 30, 2017. Public reporting the cover page and/or the first page. (See Commission; 1 to be assured of burden for the request is estimated to average 15 Handbook for Electronic Filing hours per response. Please send comments 1 No response to this request for information is regarding the accuracy of this burden estimate to Procedures, http://www.usitc.gov/ required if a currently valid Office of Management the Office of Investigations, U.S. International Trade secretary/fed_reg_notices/rules/ and Budget (OMB) number is not displayed; the Commission, 500 E Street SW., Washington, DC handbook_on_electronic_filing.pdf). OMB number is 3117–0016/USITC No. 16–5–351, 20436. VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1

Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10657 orders on imports of carbon steel butt- Domestic Industry differently in the 18 U.S.C. 207, the post employment weld pipe fittings from Brazil, China, original determinations concerning statute for Federal employees, and Japan, Taiwan, and Thailand (73 FR Brazil, Japan, and Taiwan. In the Commission rule 201.15(b) (19 CFR 21331). The Commission is now original determinations concerning 201.15(b)), 79 FR 3246 (Jan. 17, 2014), conducting fourth reviews pursuant to China and Thailand, the Commission 73 FR 24609 (May 5, 2008). section 751(c) of the Act, as amended excluded two domestic producers, Tube Consequently, former employees are not (19 U.S.C. 1675(c)), to determine Line and Weldbend, from the Domestic required to seek Commission approval whether revocation of the orders would Industry under the related parties to appear in a review under Commission be likely to lead to continuation or provision. In its expedited first five-year rule 19 CFR 201.15, even if the recurrence of material injury to the review determinations, the Commission corresponding underlying original domestic industry within a reasonably once again excluded Tube Line from the investigation or an earlier review of the foreseeable time. Provisions concerning Domestic Industry under the related same underlying investigation was the conduct of this proceeding may be parties provision but found that pending when they were Commission found in the Commission’s Rules of Weldbend was no longer a related party employees. For further ethics advice on Practice and Procedure at 19 CFR parts eligible for exclusion. Certain this matter, contact Carol McCue 201, Subparts A and B and 19 CFR part Commissioners did not exclude Tube Verratti, Deputy Agency Ethics Official, 207, subparts A and F. The Commission Line from the Domestic Industry in the at 202–205–3088. will assess the adequacy of interested expedited first five-year reviews. In the Limited disclosure of business party responses to this notice of full second five-year review proprietary information (BPI) under an institution to determine whether to determinations, the Commission administrative protective order (APO) conduct full or expedited reviews. The determined that appropriate and APO service list.—Pursuant to Commission’s determinations in any circumstances did not exist for section 207.7(a) of the Commission’s expedited reviews will be based on the excluding any domestic producer from rules, the Secretary will make BPI facts available, which may include the Domestic Industry as a related party. submitted in this proceeding available information provided in response to this In its expedited third five-year review to authorized applicants under the APO notice. determinations, the Commission issued in the proceeding, provided that Definitions.—The following defined a single Domestic Industry the application is made no later than 21 definitions apply to these reviews: consisting of all domestic producers of days after publication of this notice in (1) Subject Merchandise is the class or carbon steel butt-weld pipe fittings. the Federal Register. Authorized kind of merchandise that is within the (5) An Importer is any person or firm applicants must represent interested scope of the five-year reviews, as engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), defined by the Department of parent company or subsidiary, in who are parties to the proceeding. A Commerce. importing the Subject Merchandise into separate service list will be maintained (2) The Subject Countries in these the United States from a foreign by the Secretary for those parties reviews are Brazil, China, Japan, manufacturer or through its selling authorized to receive BPI under the Taiwan, and Thailand. agent. APO. (3) The Domestic Like Product is the Participation in the proceeding and Certification.—Pursuant to section domestically produced product or public service list.—Persons, including 207.3 of the Commission’s rules, any products which are like, or in the industrial users of the Subject person submitting information to the absence of like, most similar in Merchandise and, if the merchandise is Commission in connection with this characteristics and uses with, the sold at the retail level, representative proceeding must certify that the Subject Merchandise. In its original consumer organizations, wishing to information is accurate and complete to determinations, its expedited first five- participate in the proceeding as parties the best of the submitter’s knowledge. In year review determinations, its full must file an entry of appearance with making the certification, the submitter second five-year review determinations, the Secretary to the Commission, as will be deemed to consent, unless and its expedited third five-year review provided in section 201.11(b)(4) of the otherwise specified, for the determinations, the Commission Commission’s rules, no later than 21 Commission, its employees, and defined the Domestic Like Product as all days after publication of this notice in contract personnel to use the carbon steel butt-weld pipe fittings the Federal Register. The Secretary will information provided in any other corresponding to Commerce’s scope. maintain a public service list containing reviews or investigations of the same or (4) The Domestic Industry is the U.S. the names and addresses of all persons, comparable products which the producers as a whole of the Domestic or their representatives, who are parties Commission conducts under Title VII of Like Product, or those producers whose to the proceeding. the Act, or in internal audits and collective output of the Domestic Like Former Commission employees who investigations relating to the programs Product constitutes a major proportion are seeking to appear in Commission and operations of the Commission of the total domestic production of the five-year reviews are advised that they pursuant to 5 U.S.C. Appendix 3. product. In its original determinations, may appear in a review even if they Written submissions.—Pursuant to its expedited first five-year review participated personally and section 207.61 of the Commission’s determinations, and its full second five- substantially in the corresponding rules, each interested party response to year review determinations, the underlying original investigation or an this notice must provide the information Commission defined a single Domestic earlier review of the same underlying specified below. The deadline for filing asabaliauskas on DSK5VPTVN1PROD with NOTICES Industry: Producers of finished and investigation. The Commission’s such responses is March 31, 2016. unfinished carbon steel butt-weld pipe designated agency ethics official has Pursuant to section 207.62(b) of the fittings having an inside diameter of less advised that a five-year review is not the Commission’s rules, eligible parties (as than 14 inches, including integrated same particular matter as the underlying specified in Commission rule producers, converters, and combination original investigation, and a five-year 207.62(b)(1)) may also file comments producers which perform both review is not the same particular matter concerning the adequacy of responses to integrated production and conversion. as an earlier review of the same the notice of institution and whether the One Commissioner defined the underlying investigation for purposes of Commission should conduct expedited VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1

10658 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices or full reviews. The deadline for filing or exporter of the Subject Merchandise, Like Product accounted for by your such comments is May 13, 2016. All a U.S. or foreign trade or business firm’s(s’) production; written submissions must conform with association, or another interested party (b) Capacity (quantity) of your firm to the provisions of section 201.8 of the (including an explanation). If you are a produce the Domestic Like Product (i.e., Commission’s rules; any submissions union/worker group or trade/business the level of production that your that contain BPI must also conform with association, identify the firms in which establishment(s) could reasonably have the requirements of sections 201.6, your workers are employed or which are expected to attain during the year, 207.3, and 207.7 of the Commission’s members of your association. assuming normal operating conditions rules. The Commission’s Handbook on (3) A statement indicating whether (using equipment and machinery in E-Filing, available on the Commission’s your firm/entity is willing to participate place and ready to operate), normal Web site at http://edis.usitc.gov, in this proceeding by providing operating levels (hours per week/weeks elaborates upon the Commission’s rules information requested by the per year), time for downtime, with respect to electronic filing. Also, in Commission. maintenance, repair, and cleanup, and a accordance with sections 201.16(c) and (4) A statement of the likely effects of typical or representative product mix); 207.3 of the Commission’s rules, each the revocation of the antidumping duty (c) the quantity and value of U.S. document filed by a party to the orders on the Domestic Industry in commercial shipments of the Domestic proceeding must be served on all other general and/or your firm/entity Like Product produced in your U.S. parties to the proceeding (as identified specifically. In your response, please plant(s); by either the public or APO service list discuss the various factors specified in (d) the quantity and value of U.S. as appropriate), and a certificate of section 752(a) of the Act (19 U.S.C. internal consumption/company service must accompany the document 1675a(a)) including the likely volume of transfers of the Domestic Like Product (if you are not a party to the proceeding subject imports, likely price effects of produced in your U.S. plant(s); and you do not need to serve your response). (e) the value of (i) net sales, (ii) cost subject imports, and likely impact of Inability to provide requested of goods sold (COGS), (iii) gross profit, imports of Subject Merchandise on the information.—Pursuant to section (iv) selling, general and administrative Domestic Industry. 207.61(c) of the Commission’s rules, any (SG&A) expenses, and (v) operating (5) A list of all known and currently interested party that cannot furnish the income of the Domestic Like Product operating U.S. producers of the information requested by this notice in produced in your U.S. plant(s) (include Domestic Like Product. Identify any the requested form and manner shall both U.S. and export commercial sales, known related parties and the nature of notify the Commission at the earliest internal consumption, and company the relationship as defined in section possible time, provide a full explanation transfers) for your most recently 771(4)(B) of the Act (19 U.S.C. of why it cannot provide the requested completed fiscal year (identify the date 1677(4)(B)). information, and indicate alternative on which your fiscal year ends). (6) A list of all known and currently (10) If you are a U.S. importer or a forms in which it can provide operating U.S. importers of the Subject trade/business association of U.S. equivalent information. If an interested Merchandise and producers of the importers of the Subject Merchandise party does not provide this notification Subject Merchandise in each Subject from any Subject Country, provide the (or the Commission finds the explanation provided in the notification Country that currently export or have following information on your firm’s(s’) inadequate) and fails to provide a exported Subject Merchandise to the operations on that product during complete response to this notice, the United States or other countries after calendar year 2015 (report quantity data Commission may take an adverse 2009. in pounds and value data in U.S. inference against the party pursuant to (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business section 776(b) of the Act (19 U.S.C. the U.S. market for the Domestic Like association, provide the information, on 1677e(b)) in making its determinations Product and the Subject Merchandise an aggregate basis, for the firms which in the reviews. (including street address, World Wide are members of your association. Information To Be Provided in Web address, and the name, telephone (a) The quantity and value (landed, Response to This Notice of Institution: If number, fax number, and Email address duty-paid but not including you are a domestic producer, union/ of a responsible official at each firm). antidumping duties) of U.S. imports worker group, or trade/business (8) A list of known sources of and, if known, an estimate of the association; import/export Subject information on national or regional percentage of total U.S. imports of Merchandise from more than one prices for the Domestic Like Product or Subject Merchandise from each Subject Subject Country; or produce Subject the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) Merchandise in more than one Subject other markets. imports; Country, you may file a single response. (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. If you do so, please ensure that your Domestic Like Product, provide the port, including antidumping duties) of response to each question includes the following information on your firm’s U.S. commercial shipments of Subject information requested for each pertinent operations on that product during Merchandise imported from each Subject Country. As used below, the calendar year 2015, except as noted Subject Country; and term ‘‘firm’’ includes any related firms. (report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. (1) The name and address of your firm value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of or entity (including World Wide Web If you are a union/worker group or U.S. internal consumption/company asabaliauskas on DSK5VPTVN1PROD with NOTICES address) and name, telephone number, trade/business association, provide the transfers of Subject Merchandise fax number, and Email address of the information, on an aggregate basis, for imported from each Subject Country. certifying official. the firms in which your workers are (11) If you are a producer, an exporter, (2) A statement indicating whether employed/which are members of your or a trade/business association of your firm/entity is a U.S. producer of association. producers or exporters of the Subject the Domestic Like Product, a U.S. union (a) Production (quantity) and, if Merchandise in any Subject Country, or worker group, a U.S. importer of the known, an estimate of the percentage of provide the following information on Subject Merchandise, a foreign producer total U.S. production of the Domestic your firm’s(s’) operations on that VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1

Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10659 product during calendar year 2015 please explain why and provide assistance in gaining access to the (report quantity data in pounds and alternative definitions. Commission should contact the Office value data in U.S. dollars, landed and Authority: This proceeding is being of the Secretary at 202–205–2000. duty-paid at the U.S. port but not conducted under authority of Title VII of the General information concerning the including antidumping duties). If you Tariff Act of 1930; this notice is published Commission may also be obtained by are a trade/business association, provide pursuant to section 207.61 of the accessing its internet server (http:// the information, on an aggregate basis, Commission’s rules. www.usitc.gov). The public record for for the firms which are members of your By order of the Commission. this proceeding may be viewed on the association. Issued: February 23, 2016. Commission’s electronic docket (EDIS) (a) Production (quantity) and, if at http://edis.usitc.gov. Lisa R. Barton, known, an estimate of the percentage of SUPPLEMENTARY INFORMATION: total production of Subject Merchandise Secretary to the Commission. [FR Doc. 2016–04164 Filed 2–29–16; 8:45 am] Background.—On February 1, 2005, in each Subject Country accounted for the Department of Commerce by your firm’s(s’) production; BILLING CODE 7020–02–P (‘‘Commerce’’) issued antidumping duty (b) Capacity (quantity) of your firm(s) orders on imports of frozen warmwater to produce the Subject Merchandise in INTERNATIONAL TRADE shrimp from Brazil, China, India, each Subject Country (i.e., the level of COMMISSION Thailand, and Vietnam (70 FR 5143– production that your establishment(s) 5156). Following the five-year reviews could reasonably have expected to [Investigation Nos. 731–TA–1063–1064 and by Commerce and the Commission, attain during the year, assuming normal 1066–1068 (Second Review)] effective April 29, 2011, Commerce operating conditions (using equipment issued a continuation of the and machinery in place and ready to Frozen Warmwater Shrimp from Brazil, operate), normal operating levels (hours antidumping duty orders on imports of China, India, Thailand, and Vietnam per week/weeks per year), time for frozen warmwater shrimp from Brazil, Institution of five-year reviews downtime, maintenance, repair, and China, India, Thailand, and Vietnam (76 cleanup, and a typical or representative AGENCY: United States International FR 23972). The Commission is now product mix); and Trade Commission. conducting second reviews pursuant to (c) the quantity and value of your ACTION: Notice. section 751(c) of the Act, as amended firm’s(s’) exports to the United States of (19 U.S.C. 1675(c)), to determine SUMMARY: The Commission hereby gives whether revocation of the orders would Subject Merchandise and, if known, an notice that it has instituted reviews be likely to lead to continuation or estimate of the percentage of total pursuant to the Tariff Act of 1930 (‘‘the recurrence of material injury to the exports to the United States of Subject Act’’), as amended, to determine domestic industry within a reasonably Merchandise from each Subject Country whether revocation of the antidumping foreseeable time. Provisions concerning accounted for by your firm’s(s’) exports. (12) Identify significant changes, if duty orders on frozen warmwater the conduct of this proceeding may be any, in the supply and demand shrimp from Brazil, China, India, found in the Commission’s Rules of conditions or business cycle for the Thailand, and Vietnam would be likely Practice and Procedure at 19 CFR parts Domestic Like Product that have to lead to continuation or recurrence of 201, Subparts A and B and 19 CFR part occurred in the United States or in the material injury. Pursuant to the Act, 207, subparts A and F. The Commission market for the Subject Merchandise in interested parties are requested to will assess the adequacy of interested each Subject Country after 2009, and respond to this notice by submitting the party responses to this notice of significant changes, if any, that are information specified below to the institution to determine whether to likely to occur within a reasonably Commission;1 to be assured of conduct full or expedited reviews. The foreseeable time. Supply conditions to consideration, the deadline for Commission’s determinations in any consider include technology; responses is March 31, 2016. Comments expedited reviews will be based on the production methods; development on the adequacy of responses may be facts available, which may include efforts; ability to increase production filed with the Commission by May 13, information provided in response to this (including the shift of production 2016. notice. facilities used for other products and the DATES: Effective: March 1, 2016. Definitions.—The following use, cost, or availability of major inputs FOR FURTHER INFORMATION CONTACT: definitions apply to these reviews: into production); and factors related to Mary Messer (202–205–3193), Office of (1) Subject Merchandise is the class or the ability to shift supply among Investigations, U.S. International Trade kind of merchandise that is within the different national markets (including Commission, 500 E Street SW., scope of the five-year reviews, as barriers to importation in foreign Washington, DC 20436. Hearing- defined by the Department of markets or changes in market demand impaired persons can obtain Commerce. abroad). Demand conditions to consider information on this matter by contacting (2) The Subject Countries in these include end uses and applications; the the Commission’s TDD terminal on 202– reviews are Brazil, China, India, existence and availability of substitute 205–1810. Persons with mobility Thailand, and Vietnam. products; and the level of competition impairments who will need special (3) The Domestic Like Product is the among the Domestic Like Product domestically produced product or produced in the United States, Subject products which are like, or in the asabaliauskas on DSK5VPTVN1PROD with NOTICES 1 No response to this request for information is Merchandise produced in each Subject required if a currently valid Office of Management absence of like, most similar in and Budget (OMB) number is not displayed; the Country, and such merchandise from OMB number is 3117–0016/USITC No. 16–5–352, characteristics and uses with, the other countries. expiration date June 30, 2017. Public reporting Subject Merchandise. In its original (13) (Optional) A statement of burden for the request is estimated to average 15 affirmative determinations and its full whether you agree with the above hours per response. Please send comments first five-year review determinations, regarding the accuracy of this burden estimate to definitions of the Domestic Like Product the Office of Investigations, U.S. International Trade the Commission defined the Domestic and Domestic Industry; if you disagree Commission, 500 E Street SW., Washington, DC Like Product to consist of fresh with either or both of these definitions, 20436. warmwater shrimp and prawns and VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1


Document Created: 2018-02-02 15:00:06
Document Modified: 2018-02-02 15:00:06
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: March 1, 2016.
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 Citation81 FR 10656 
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