81_FR_18945 81 FR 18882 - Raw In-Shell Pistachios From Iran; Institution of a Five-Year Review

81 FR 18882 - Raw In-Shell Pistachios From Iran; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 63 (April 1, 2016)

Page Range18882-18884
FR Document2016-07254

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 raw in- shell pistachios from Iran 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 May 2, 2016. Comments on the adequacy of responses may be filed with the Commission by June 14, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 63 (Friday, April 1, 2016)
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18882-18884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07254]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-287 (Second Review)]


Raw In-Shell Pistachios From Iran; 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 raw in-
shell pistachios from Iran 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 May 2, 2016. Comments on the adequacy of 
responses may be filed with the Commission by June 14, 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. 16-5-354, 
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 Date: April 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 July 17, 1986, the Department of Commerce issued an 
antidumping duty order on imports of raw in-shell pistachios from Iran 
(51 FR 25922). Following the five-year reviews by Commerce and the 
Commission, effective January 3, 2006, Commerce issued a continuation 
of the antidumping duty order on imports of raw in-shell pistachios 
from Iran (71 FR 94-01). The Commission is now conducting a second 
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.\2\ 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.
---------------------------------------------------------------------------

    \2\ On July 1, 2010, prior to Commerce's initiation of the 
second review scheduled for December 2010, the Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010 (Pub. L. 111-
195) was signed into law. Among its provisions is a general 
prohibition on imports from Iran (Sec. 103) that became effective on 
September 29, 2010. This prohibition on imports led Commerce, 
pursuant to 19 U.S.C. 1675(c)(7), to toll the initiation of the 
second review of this order. Commerce announced that it would not 
initiate the second review until two months after the lifting of the 
prohibition (75 FR 67081, November 1, 2010). On January 21, 2016, 
the Iranian Transactions and Sanctions Regulations were amended to 
permit the importation of pistachios from Iran (81 FR 3330). 
Commerce subsequently included the second review of this order in 
its list of reviews scheduled for initiation in April 2016 (81 FR 
10577, March 1, 2016).
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    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 Iran.
    (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 full first five-year review determination, the 
Commission defined the Domestic Like Product as raw in-shell pistachio 
nuts that have been harvested, hulled, dried to a moisture content of 
4-6 percent, and graded. These included all shapes of nuts, all three 
U.S. grades (U.S. Fancy, U.S. No. 1 and U.S. No. 2) and all four size 
categories (very large, large, medium, and small).
    (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 full first five-year review determination, the Commission defined 
the Domestic Industry as growers of pistachio nuts and processors of 
pistachio nuts from hulling through grading.
    (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

[[Page 18883]]

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 
May 2, 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 an expedited 
or full review. The deadline for filing such comments is June 14, 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-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 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 crop year 
(September 1-August 31) 2004/05.
    (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 crop year (September 1-August 31) 2009/10 and crop year 
2014/15, 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.

[[Page 18884]]

    (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 crop year (September 1-August 31) 2009/10 and crop year 
2014/15 (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 the 
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 the 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 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 crop year (September 1-August 31) 
2009/10 and crop year 2014/15 (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 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 crop year (September 1-August 
31) 2004/05, 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: March 28, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-07254 Filed 3-31-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    18882                             Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices

                                                      • Ways to enhance the quality, utility,                FOR FURTHER INFORMATION CONTACT:                        which may include information
                                                    and clarity of the information to be                     Mary Messer (202–205–3193), Office of                   provided in response to this notice.
                                                    collected; and                                           Investigations, U.S. International Trade                   Definitions. The following definitions
                                                      • Ways to minimize the burden of the                   Commission, 500 E Street SW.,                           apply to this review:
                                                    collection of information on                             Washington, DC 20436. Hearing-                             (1) Subject Merchandise is the class or
                                                    respondents.                                             impaired persons can obtain                             kind of merchandise that is within the
                                                      Comments that you submit in                            information on this matter by contacting                scope of the five-year review, as defined
                                                    response to this notice are a matter of                  the Commission’s TDD terminal on 202–                   by the Department of Commerce.
                                                    public record. Before including your                     205–1810. Persons with mobility                            (2) The Subject Country in this review
                                                    address, phone number, email address,                    impairments who will need special                       is Iran.
                                                    or other personal identifying                            assistance in gaining access to the                        (3) The Domestic Like Product is the
                                                    information in your comment, you                         Commission should contact the Office                    domestically produced product or
                                                    should be aware that your entire                         of the Secretary at 202–205–2000.                       products which are like, or in the
                                                    comment, including your personal                         General information concerning the                      absence of like, most similar in
                                                    identifying information, may be made                     Commission may also be obtained by                      characteristics and uses with, the
                                                    publicly available at any time. While                    accessing its Internet server (http://                  Subject Merchandise. In its original
                                                    you can ask OMB in your comment to                       www.usitc.gov). The public record for                   determination and its full first five-year
                                                    withhold your personal identifying                       this proceeding may be viewed on the                    review determination, the Commission
                                                    information from public review, we                       Commission’s electronic docket (EDIS)                   defined the Domestic Like Product as
                                                    cannot guarantee that it will be done.                   at http://edis.usitc.gov.                               raw in-shell pistachio nuts that have
                                                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                                                                                     been harvested, hulled, dried to a
                                                      Dated: March 28, 2016.                                                                                         moisture content of 4–6 percent, and
                                                    Madonna L. Baucum,
                                                                                                                Background. On July 17, 1986, the
                                                                                                             Department of Commerce issued an                        graded. These included all shapes of
                                                    Information Collection Clearance Officer,                                                                        nuts, all three U.S. grades (U.S. Fancy,
                                                    National Park Service.
                                                                                                             antidumping duty order on imports of
                                                                                                             raw in-shell pistachios from Iran (51 FR                U.S. No. 1 and U.S. No. 2) and all four
                                                    [FR Doc. 2016–07387 Filed 3–31–16; 8:45 am]
                                                                                                             25922). Following the five-year reviews                 size categories (very large, large,
                                                    BILLING CODE 4310–EH–P
                                                                                                             by Commerce and the Commission,                         medium, and small).
                                                                                                             effective January 3, 2006, Commerce                        (4) The Domestic Industry is the U.S.
                                                                                                             issued a continuation of the                            producers as a whole of the Domestic
                                                    INTERNATIONAL TRADE                                      antidumping duty order on imports of                    Like Product, or those producers whose
                                                    COMMISSION                                               raw in-shell pistachios from Iran (71 FR                collective output of the Domestic Like
                                                                                                             94–01). The Commission is now                           Product constitutes a major proportion
                                                    [Investigation No. 731–TA–287 (Second
                                                                                                             conducting a second review pursuant to                  of the total domestic production of the
                                                    Review)]
                                                                                                             section 751(c) of the Act, as amended                   product. In its original determination
                                                    Raw In-Shell Pistachios From Iran;                       (19 U.S.C. 1675(c)), to determine                       and its full first five-year review
                                                    Institution of a Five-Year Review                        whether revocation of the order would                   determination, the Commission defined
                                                                                                             be likely to lead to continuation or                    the Domestic Industry as growers of
                                                    AGENCY: United States International                                                                              pistachio nuts and processors of
                                                    Trade Commission.                                        recurrence of material injury to the
                                                                                                             domestic industry within a reasonably                   pistachio nuts from hulling through
                                                    ACTION: Notice.                                                                                                  grading.
                                                                                                             foreseeable time.2 Provisions concerning
                                                                                                                                                                        (5) An Importer is any person or firm
                                                    SUMMARY:    The Commission hereby gives                  the conduct of this proceeding may be
                                                                                                                                                                     engaged, either directly or through a
                                                    notice that it has instituted a review                   found in the Commission’s Rules of
                                                                                                                                                                     parent company or subsidiary, in
                                                    pursuant to the Tariff Act of 1930 (‘‘the                Practice and Procedure at 19 CFR parts
                                                                                                                                                                     importing the Subject Merchandise into
                                                    Act’’), as amended, to determine                         201, subparts A and B and 19 CFR part
                                                                                                                                                                     the United States from a foreign
                                                    whether revocation of the antidumping                    207, subparts A and F. The Commission
                                                                                                                                                                     manufacturer or through its selling
                                                    duty order on raw in-shell pistachios                    will assess the adequacy of interested
                                                                                                                                                                     agent.
                                                    from Iran would be likely to lead to                     party responses to this notice of                          Participation in the proceeding and
                                                    continuation or recurrence of material                   institution to determine whether to                     public service list. Persons, including
                                                    injury. Pursuant to the Act, interested                  conduct a full review or an expedited                   industrial users of the Subject
                                                    parties are requested to respond to this                 review. The Commission’s                                Merchandise and, if the merchandise is
                                                    notice by submitting the information                     determination in any expedited review                   sold at the retail level, representative
                                                    specified below to the Commission; 1 to                  will be based on the facts available,                   consumer organizations, wishing to
                                                    be assured of consideration, the                                                                                 participate in the proceeding as parties
                                                                                                               2 On July 1, 2010, prior to Commerce’s initiation
                                                    deadline for responses is May 2, 2016.                                                                           must file an entry of appearance with
                                                                                                             of the second review scheduled for December 2010,
                                                    Comments on the adequacy of responses                    the Comprehensive Iran Sanctions, Accountability,       the Secretary to the Commission, as
                                                    may be filed with the Commission by                      and Divestment Act of 2010 (Pub. L. 111–195) was        provided in section 201.11(b)(4) of the
                                                    June 14, 2016.                                           signed into law. Among its provisions is a general      Commission’s rules, no later than 21
                                                                                                             prohibition on imports from Iran (Sec. 103) that
                                                    DATES: Effective Date: April 1, 2016.                    became effective on September 29, 2010. This            days after publication of this notice in
                                                                                                             prohibition on imports led Commerce, pursuant to        the Federal Register. The Secretary will
                                                                                                                                                                     maintain a public service list containing
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      1 No response to this request for information is       19 U.S.C. 1675(c)(7), to toll the initiation of the
                                                    required if a currently valid Office of Management       second review of this order. Commerce announced         the names and addresses of all persons,
                                                    and Budget (OMB) number is not displayed; the            that it would not initiate the second review until
                                                    OMB number is 3117–0016/USITC No. 16–5–354,              two months after the lifting of the prohibition (75     or their representatives, who are parties
                                                    expiration date June 30, 2017. Public reporting          FR 67081, November 1, 2010). On January 21, 2016,       to the proceeding.
                                                    burden for the request is estimated to average 15        the Iranian Transactions and Sanctions Regulations         Former Commission employees who
                                                    hours per response. Please send comments                 were amended to permit the importation of               are seeking to appear in Commission
                                                    regarding the accuracy of this burden estimate to        pistachios from Iran (81 FR 3330). Commerce
                                                    the Office of Investigations, U.S. International Trade   subsequently included the second review of this
                                                                                                                                                                     five-year reviews are advised that they
                                                    Commission, 500 E Street SW., Washington, DC             order in its list of reviews scheduled for initiation   may appear in a review even if they
                                                    20436.                                                   in April 2016 (81 FR 10577, March 1, 2016).             participated personally and


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                                                                                     Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices                                            18883

                                                    substantially in the corresponding                      rules, each interested party response to              or worker group, a U.S. importer of the
                                                    underlying original investigation or an                 this notice must provide the information              Subject Merchandise, a foreign producer
                                                    earlier review of the same underlying                   specified below. The deadline for filing              or exporter of the Subject Merchandise,
                                                    investigation. The Commission’s                         such responses is May 2, 2016. Pursuant               a U.S. or foreign trade or business
                                                    designated agency ethics official has                   to section 207.62(b) of the Commission’s              association, or another interested party
                                                    advised that a five-year review is not the              rules, eligible parties (as specified in              (including an explanation). If you are a
                                                    same particular matter as the underlying                Commission rule 207.62(b)(1)) may also                union/worker group or trade/business
                                                    original investigation, and a five-year                 file comments concerning the adequacy                 association, identify the firms in which
                                                    review is not the same particular matter                of responses to the notice of institution             your workers are employed or which are
                                                    as an earlier review of the same                        and whether the Commission should                     members of your association.
                                                    underlying investigation for purposes of                conduct an expedited or full review.                     (3) A statement indicating whether
                                                    18 U.S.C. 207, the post employment                      The deadline for filing such comments                 your firm/entity is willing to participate
                                                    statute for Federal employees, and                      is June 14, 2016. All written                         in this proceeding by providing
                                                    Commission rule 201.15(b) (19 CFR                       submissions must conform with the                     information requested by the
                                                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 provisions of section 201.8 of the                    Commission.
                                                    73 FR 24609 (May 5, 2008).                              Commission’s rules; any submissions                      (4) A statement of the likely effects of
                                                    Consequently, former employees are not                  that contain BPI must also conform with               the revocation of the antidumping duty
                                                    required to seek Commission approval                    the requirements of sections 201.6,                   order on the Domestic Industry in
                                                    to appear in a review under Commission                  207.3, and 207.7 of the Commission’s                  general and/or your firm/entity
                                                    rule 19 CFR 201.15, even if the                         rules. The Commission’s Handbook on                   specifically. In your response, please
                                                    corresponding underlying original                       E-Filing, available on the Commission’s               discuss the various factors specified in
                                                    investigation or an earlier review of the               Web site at http://edis.usitc.gov,                    section 752(a) of the Act (19 U.S.C.
                                                    same underlying investigation was                       elaborates upon the Commission’s rules                1675a(a)) including the likely volume of
                                                    pending when they were Commission                       with respect to electronic filing. Also, in           subject imports, likely price effects of
                                                    employees. For further ethics advice on                 accordance with sections 201.16(c) and                subject imports, and likely impact of
                                                    this matter, contact Carol McCue                        207.3 of the Commission’s rules, each                 imports of Subject Merchandise on the
                                                    Verratti, Deputy Agency Ethics Official,                document filed by a party to the                      Domestic Industry.
                                                    at 202–205–3088.                                                                                                 (5) A list of all known and currently
                                                                                                            proceeding must be served on all other
                                                       Limited disclosure of business                                                                             operating U.S. producers of the
                                                                                                            parties to the proceeding (as identified
                                                    proprietary information (BPI) under an                                                                        Domestic Like Product. Identify any
                                                                                                            by either the public or APO service list
                                                    administrative protective order (APO)                                                                         known related parties and the nature of
                                                                                                            as appropriate), and a certificate of
                                                    and APO service list. Pursuant to                                                                             the relationship as defined in section
                                                                                                            service must accompany the document
                                                    section 207.7(a) of the Commission’s                                                                          771(4)(B) of the Act (19 U.S.C.
                                                                                                            (if you are not a party to the proceeding
                                                    rules, the Secretary will make BPI                                                                            1677(4)(B)).
                                                                                                            you do not need to serve your response).                 (6) A list of all known and currently
                                                    submitted in this proceeding available                     Inability to provide requested
                                                    to authorized applicants under the APO                                                                        operating U.S. importers of the Subject
                                                                                                            information. Pursuant to section                      Merchandise and producers of the
                                                    issued in the proceeding, provided that                 207.61(c) of the Commission’s rules, any
                                                    the application is made no later than 21                                                                      Subject Merchandise in the Subject
                                                                                                            interested party that cannot furnish the              Country that currently export or have
                                                    days after publication of this notice in                information requested by this notice in
                                                    the Federal Register. Authorized                                                                              exported Subject Merchandise to the
                                                                                                            the requested form and manner shall                   United States or other countries after
                                                    applicants must represent interested
                                                                                                            notify the Commission at the earliest                 crop year (September 1–August 31)
                                                    parties, as defined in 19 U.S.C. 1677(9),
                                                                                                            possible time, provide a full explanation             2004/05.
                                                    who are parties to the proceeding. A
                                                                                                            of why it cannot provide the requested                   (7) A list of 3–5 leading purchasers in
                                                    separate service list will be maintained
                                                                                                            information, and indicate alternative                 the U.S. market for the Domestic Like
                                                    by the Secretary for those parties
                                                                                                            forms in which it can provide                         Product and the Subject Merchandise
                                                    authorized to receive BPI under the
                                                                                                            equivalent information. If an interested              (including street address, World Wide
                                                    APO.
                                                       Certification. Pursuant to section                   party does not provide this notification              Web address, and the name, telephone
                                                    207.3 of the Commission’s rules, any                    (or the Commission finds the                          number, fax number, and Email address
                                                    person submitting information to the                    explanation provided in the notification              of a responsible official at each firm).
                                                    Commission in connection with this                      inadequate) and fails to provide a                       (8) A list of known sources of
                                                    proceeding must certify that the                        complete response to this notice, the                 information on national or regional
                                                    information is accurate and complete to                 Commission may take an adverse                        prices for the Domestic Like Product or
                                                    the best of the submitter’s knowledge. In               inference against the party pursuant to               the Subject Merchandise in the U.S. or
                                                    making the certification, the submitter                 section 776(b) of the Act (19 U.S.C.                  other markets.
                                                    will be deemed to consent, unless                       1677e(b)) in making its determination in                 (9) If you are a U.S. producer of the
                                                    otherwise specified, for the                            the review.                                           Domestic Like Product, provide the
                                                    Commission, its employees, and                             Information to be Provided in                      following information on your firm’s
                                                    contract personnel to use the                           Response to This Notice of Institution:               operations on that product during crop
                                                    information provided in any other                       As used below, the term ‘‘firm’’ includes             year (September 1–August 31) 2009/10
                                                    reviews or investigations of the same or                any related firms.                                    and crop year 2014/15, except as noted
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                                                    comparable products which the                              (1) The name and address of your firm              (report quantity data in pounds and
                                                    Commission conducts under Title VII of                  or entity (including World Wide Web                   value data in U.S. dollars, f.o.b. plant).
                                                    the Act, or in internal audits and                      address) and name, telephone number,                  If you are a union/worker group or
                                                    investigations relating to the programs                 fax number, and Email address of the                  trade/business association, provide the
                                                    and operations of the Commission                        certifying official.                                  information, on an aggregate basis, for
                                                    pursuant to 5 U.S.C. Appendix 3.                           (2) A statement indicating whether                 the firms in which your workers are
                                                       Written submissions. Pursuant to                     your firm/entity is a U.S. producer of                employed/which are members of your
                                                    section 207.61 of the Commission’s                      the Domestic Like Product, a U.S. union               association.


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                                                    18884                            Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices

                                                       (a) Production (quantity) and, if                    producers or exporters of the Subject                 Country, and such merchandise from
                                                    known, an estimate of the percentage of                 Merchandise in the Subject Country,                   other countries.
                                                    total U.S. production of the Domestic                   provide the following information on                     (13) (Optional) A statement of
                                                    Like Product accounted for by your                      your firm’s(s’) operations on that                    whether you agree with the above
                                                    firm’s(s’) production;                                  product during crop year (September 1–                definitions of the Domestic Like Product
                                                       (b) Capacity (quantity) of your firm to              August 31) 2009/10 and crop year 2014/                and Domestic Industry; if you disagree
                                                    produce the Domestic Like Product (i.e.,                15 (report quantity data in pounds and                with either or both of these definitions,
                                                    the level of production that your                       value data in U.S. dollars, landed and                please explain why and provide
                                                    establishment(s) could reasonably have                  duty-paid at the U.S. port but not                    alternative definitions.
                                                    expected to attain during the year,                     including antidumping duties). If you                   Authority: This proceeding is being
                                                    assuming normal operating conditions                    are a trade/business association, provide             conducted under authority of Title VII of the
                                                    (using equipment and machinery in                       the information, on an aggregate basis,               Tariff Act of 1930; this notice is published
                                                    place and ready to operate), normal                     for the firms which are members of your               pursuant to section 207.61 of the
                                                    operating levels (hours per week/weeks                  association.                                          Commission’s rules.
                                                    per year), time for downtime,                              (a) Production (quantity) and, if                    By order of the Commission.
                                                    maintenance, repair, and cleanup, and a                 known, an estimate of the percentage of                 Issued: March 28, 2016.
                                                    typical or representative product mix);                 total production of Subject Merchandise               Lisa R. Barton,
                                                       (c) the quantity and value of U.S.                   in the Subject Country accounted for by
                                                    commercial shipments of the Domestic                                                                          Secretary to the Commission.
                                                                                                            your firm’s(s’) production;
                                                    Like Product produced in your U.S.                                                                            [FR Doc. 2016–07254 Filed 3–31–16; 8:45 am]
                                                                                                               (b) Capacity (quantity) of your firm(s)
                                                    plant(s);                                               to produce the Subject Merchandise in
                                                                                                                                                                  BILLING CODE 7020–02–P
                                                       (d) the quantity and value of U.S.                   the Subject Country (i.e., the level of
                                                    internal consumption/company                            production that your establishment(s)
                                                    transfers of the Domestic Like Product                                                                        INTERNATIONAL TRADE
                                                                                                            could reasonably have expected to                     COMMISSION
                                                    produced in your U.S. plant(s); and                     attain during the year, assuming normal
                                                       (e) the value of (i) net sales, (ii) cost                                                                  [Investigation Nos. 701–TA–475 and 731–
                                                                                                            operating conditions (using equipment
                                                    of goods sold (COGS), (iii) gross profit,                                                                     TA–1177 (Review)]
                                                                                                            and machinery in place and ready to
                                                    (iv) selling, general and administrative
                                                                                                            operate), normal operating levels (hours
                                                    (SG&A) expenses, and (v) operating                                                                            Certain Aluminum Extrusions From
                                                                                                            per week/weeks per year), time for
                                                    income of the Domestic Like Product                                                                           China; Institution of Five-Year Reviews
                                                                                                            downtime, maintenance, repair, and
                                                    produced in your U.S. plant(s) (include
                                                                                                            cleanup, and a typical or representative              AGENCY: United States International
                                                    both U.S. and export commercial sales,
                                                                                                            product mix); and                                     Trade Commission.
                                                    internal consumption, and company
                                                                                                               (c) the quantity and value of your                 ACTION: Notice.
                                                    transfers) for your most recently
                                                                                                            firm’s(s’) exports to the United States of
                                                    completed fiscal year (identify the date                                                                      SUMMARY:    The Commission hereby gives
                                                                                                            Subject Merchandise and, if known, an
                                                    on which your fiscal year ends).                                                                              notice that it has instituted reviews
                                                       (10) If you are a U.S. importer or a                 estimate of the percentage of total
                                                                                                            exports to the United States of Subject               pursuant to the Tariff Act of 1930 (‘‘the
                                                    trade/business association of U.S.                                                                            Act’’), as amended, to determine
                                                    importers of the Subject Merchandise                    Merchandise from the Subject Country
                                                                                                            accounted for by your firm’s(s’) exports.             whether revocation of the antidumping
                                                    from the Subject Country, provide the                                                                         and countervailing duty orders on
                                                    following information on your firm’s(s’)                   (12) Identify significant changes, if
                                                                                                            any, in the supply and demand                         certain aluminum extrusions other than
                                                    operations on that product during crop                                                                        finished heat sinks from China would be
                                                    year (September 1–August 31) 2009/10                    conditions or business cycle for the
                                                                                                            Domestic Like Product that have                       likely to lead to continuation or
                                                    and crop year 2014/15 (report quantity                                                                        recurrence of material injury. Pursuant
                                                    data in pounds and value data in U.S.                   occurred in the United States or in the
                                                                                                            market for the Subject Merchandise in                 to the Act, interested parties are
                                                    dollars). If you are a trade/business                                                                         requested to respond to this notice by
                                                    association, provide the information, on                the Subject Country after crop year
                                                                                                            (September 1–August 31) 2004/05, and                  submitting the information specified
                                                    an aggregate basis, for the firms which                                                                       below to the Commission; 1 to be
                                                    are members of your association.                        significant changes, if any, that are
                                                                                                            likely to occur within a reasonably                   assured of consideration, the deadline
                                                       (a) The quantity and value (landed,
                                                                                                            foreseeable time. Supply conditions to                for responses is May 2, 2016. Comments
                                                    duty-paid but not including
                                                                                                            consider include technology;                          on the adequacy of responses may be
                                                    antidumping duties) of U.S. imports
                                                                                                            production methods; development                       filed with the Commission by June 14,
                                                    and, if known, an estimate of the
                                                                                                            efforts; ability to increase production               2016.
                                                    percentage of total U.S. imports of
                                                    Subject Merchandise from the Subject                    (including the shift of production                    DATES: Effective Date: April 1, 2016.
                                                    Country accounted for by your firm’s(s’)                facilities used for other products and the            FOR FURTHER INFORMATION CONTACT:
                                                    imports;                                                use, cost, or availability of major inputs            Edward Petronzio (202–205–3176),
                                                       (b) the quantity and value (f.o.b. U.S.              into production); and factors related to              Office of Investigations, U.S.
                                                    port, including antidumping duties) of                  the ability to shift supply among                     International Trade Commission, 500 E
                                                    U.S. commercial shipments of Subject                    different national markets (including
                                                                                                            barriers to importation in foreign
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                    1 No response to this request for information is
                                                    Merchandise imported from the Subject
                                                                                                            markets or changes in market demand                   required if a currently valid Office of Management
                                                    Country; and                                                                                                  and Budget (OMB) number is not displayed; the
                                                       (c) the quantity and value (f.o.b. U.S.              abroad). Demand conditions to consider                OMB number is 3117–0016/USITC No. 16–5–353,
                                                    port, including antidumping duties) of                  include end uses and applications; the                expiration date June 30, 2017. Public reporting
                                                    U.S. internal consumption/company                       existence and availability of substitute              burden for the request is estimated to average 15
                                                    transfers of Subject Merchandise                        products; and the level of competition                hours per response. Please send comments
                                                                                                                                                                  regarding the accuracy of this burden estimate to
                                                    imported from the Subject Country.                      among the Domestic Like Product                       the Office of Investigations, U.S. International Trade
                                                       (11) If you are a producer, an exporter,             produced in the United States, Subject                Commission, 500 E Street SW., Washington, DC
                                                    or a trade/business association of                      Merchandise produced in the Subject                   20436.



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Document Created: 2016-04-06 00:09:01
Document Modified: 2016-04-06 00:09:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation81 FR 18882 

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