81_FR_26340 81 FR 26256 - Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Russia; Institution of a Five-Year Review

81 FR 26256 - Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Russia; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26256-26259
FR Document2016-09928

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 Hot-Rolled Flat-Rolled Carbon-Quality Steel Products (``hot-rolled steel'') from Russia 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 June 1, 2016. Comments on the adequacy of responses may be filed with the Commission by July 14, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26256-26259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09928]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-808 (Third Review)]


Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Russia; 
Institution of a Five-Year Review

AGENCY:  United States International Trade Commission.

ACTION:  Notice.

-----------------------------------------------------------------------

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

[[Page 26257]]

duty order on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products 
(``hot-rolled steel'') from Russia 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 June 1, 2016. 
Comments on the adequacy of responses may be filed with the Commission 
by July 14, 2016.
---------------------------------------------------------------------------

    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 16-5-355, 
expiration date June 30, 2017. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

---------------------------------------------------------------------------
DATES:  Effective Date: May 2, 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.--Effective July 12, 1999, Commerce suspended the 
antidumping duty investigation on hot-rolled steel imports from Russia 
(64 FR 38642, July 19, 1999). Following first five-year reviews by 
Commerce and the Commission, effective May 12, 2005, Commerce issued a 
continuation of the suspended investigation on imports of hot-rolled 
steel from Russia (70 FR 32571, June 3, 2005). Following second five-
year reviews by Commerce and the Commission, effective June 17, 2011, 
Commerce issued a continuation of the suspended investigation on 
imports of hot-rolled steel from Russia (76 FR 35400, June 17, 2011). 
Effective December 19, 2014, Commerce terminated the agreement 
suspending the antidumping duty investigation on hot-rolled steel from 
Russia and issued an antidumping duty order (79 FR 77455, December 24, 
2014). The Commission is now conducting a third review pursuant to 
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine 
whether revocation of the order would be likely to lead to continuation 
or recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, Subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Russia.
    (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 and second five-year review 
determinations, the Commission found one Domestic Like Product 
consisting of all hot-rolled steel, as defined in 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 determination and 
its full first and second five-year review determinations, the 
Commission defined the Domestic Industry as all producers of hot-rolled 
steel.
    (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

[[Page 26258]]

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 June 1, 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 July 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 2010.
    (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 short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S.

[[Page 26259]]

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 calendar year 2015 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping 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 2010, 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: April 25, 2016.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2016-09928 Filed 4-29-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                26256                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                patent and claims 15, 18, 19, 30, and 32                   On December 10, 2015, Respondents                     On January 21, 2016, the parties filed
                                                of the ’443 patent, but do not infringe                 submited a post-RD statement on the                   initial submissions in response to the
                                                claim 17 of the ’443 patent. The final ID               public interest pursuant to Commission                Commission’s request for written
                                                also found that Respondents have                        Rule 210.50(a)(4). On December 14,                    submissions. On January 28, 2016, the
                                                shown that the asserted claims of the                   2015, Nobel submited a post-RD                        parties filed response submissions.
                                                ’977 patent are invalid for anticipation                statement on the public interest                         Having examined the record of this
                                                under 35 U.S.C. 102, but have not                       pursuant to Commission Rule                           investigation, including the final ID, the
                                                shown that the asserted claims of the                   210.50(a)(4). No responses were filed by              petitions for review, and the responses
                                                ’443 are invalid. In addition, the final ID             the public in response to the post-RD                 thereto, and the parties’ submissions on
                                                found that Respondents failed to show                   Commission Notice issued on November                  review, the Commission has determined
                                                that the asserted claims of the ’977 and                12, 2015. See Notice of Request for                   to find that a violation of section 337
                                                ’443 patents are unenforceable due to                   Statements on the Public Interest, 80 FR              has occurred. The Commission has
                                                inequitable conduct. The final ID further               76574–75 (Dec. 9, 2015), see also                     determined that the appropriate form of
                                                found that Nobel has satisfied the                      Correction of Notice, 80 FR 77376–77                  relief is a limited exclusion order under
                                                domestic industry requirement with                      (Dec. 14, 2015).                                      19 U.S.C. 1337(d)(1), prohibiting the
                                                respect to both the ’977 and ’443                          On January 14, 2016, the Commission                unlicensed entry of dental implants that
                                                patents.                                                determined to review the Final ID in                  infringe any of claims 1–5 of the ’977
                                                   On November 10, 2015, the ALJ                        part with respect to the ’977 patent. 81              patent and claims 15, 18, 19, 30, and 32
                                                issued his recommended determination                    FR 3471–3473 (Jan. 21, 2016).                         of the ’443 patent.
                                                (‘‘RD’’) on remedy and bonding. The RD                  Specifically, the Commission                             The Commission has further
                                                recommended that the appropriate                        determined to review the final ID’s                   determined that consideration of the
                                                remedy is a limited exclusion order                     construction of the limitation ‘‘coronal              public interest factors enumerated in
                                                barring entry of Respondents’ infringing                region having a frustoconical shape’’                 section 337(d) (19 U.S.C. 1337(d)) does
                                                dental implants. The RD did not                         recited in claim 1 of the ’977 patent                 not preclude issuance of the limited
                                                recommend issuance of a cease and                       with regard to whether or not the term                exclusion order. The Commission has
                                                desist order against any respondent. The                ‘‘frustoconical shape’’ is an adjective               determined that the bond for temporary
                                                RD recommended the imposition of a                      that modifies the claimed ‘‘coronal                   importation during the period of
                                                bond of $120 per imported unit during                   region’’ or whether the term is an                    Presidential review (19 U.S.C. 1337(j))
                                                the period of Presidential review.                      independent structure that may                        shall be in the amount of $120 per unit
                                                                                                        comprise only a portion of the claimed                of articles subject to the exclusion order.
                                                   On November 9, 2015, Nobel filed a
                                                                                                        ‘‘coronal region.’’ In accordance with its            The Commission’s order was delivered
                                                petition for review of the final ID’s
                                                                                                        claim construction review, the                        to the President and the United States
                                                finding of no violation with respect to
                                                                                                        Commission further determined to                      Trade Representative on the day of its
                                                claims 1–5 of the ’977 patent. In
                                                                                                        review the final ID’s infringement                    issuance.
                                                particular, Nobel requested review of
                                                                                                        findings with respect to claims 1–5 of                   The investigation is terminated.
                                                the final ID’s finding that the March
                                                                                                        the ’977 patent, as well as the final ID’s               The authority for the Commission’s
                                                2003 Product Catalog of Alpha Bio Tec,
                                                                                                        finding that the technical prong of the               determination is contained in section
                                                Ltd. (‘‘the 2003 Alpha Bio Tec Catalog’’)
                                                                                                        domestic industry requirement is                      337 of the Tariff Act of 1930, as
                                                constitutes prior art under 35 U.S.C.                   satisfied with respect to claims 1–5 of
                                                102(b), arguing that the catalog was not                                                                      amended (19 U.S.C. 1337), and in Part
                                                                                                        the ’977 patent. The Commission also                  210 of the Commission’s Rules of
                                                sufficiently publicly accessible prior to               determined to review the final ID’s
                                                the critical date. Nobel also requested, if                                                                   Practice and Procedure (19 CFR part
                                                                                                        finding that the 2003 Alpha Bio Tec                   210).
                                                the Commission determines not to                        Catalog is a printed publication under
                                                review the ID’s prior art finding, that the             35 U.S.C. 102. The Commission further                   By order of the Commission.
                                                Commission review the final ID’s                        determined to review the final ID’s                     Issued: April 26, 2016.
                                                construction of the limitation ‘‘the                    finding that the 2003 Alpha Bio Tec                   Lisa R. Barton,
                                                coronal region having a frustoconical                   Catalog anticipates claims 1–5 of the                 Secretary to the Commission.
                                                shape’’ recited in claim 1 of the ’977                  ’977 patent. In connection with its                   [FR Doc. 2016–10173 Filed 4–29–16; 8:45 am]
                                                patent and, accordingly, review the final               review, the Commission requested                      BILLING CODE 7020–02–P
                                                ID’s finding that the accused products                  briefing on several questions. Id. at
                                                do not infringe claims 1–5 of the ’977                  3472.
                                                patent under Nobel’s proposed                              The Commission determined not to                   INTERNATIONAL TRADE
                                                construction of that limitation. Nobel                  review the remaining issues decided in                COMMISSION
                                                further argued that, should the                         the final ID, including any of the Final
                                                Commission agree partially with Nobel                   ID’s findings with respect to the ’443                [Investigation No. 731–TA–808 (Third
                                                concerning the proper construction of                                                                         Review)]
                                                                                                        patent. The Commission also denied a
                                                the limitation ‘‘the coronal region                     motion filed by Nobel to amend the
                                                having a frustoconical shape,’’ the 2003                                                                      Hot-Rolled Flat-Rolled Carbon-Quality
                                                                                                        Administrative Protective Order issued                Steel Products From Russia;
                                                Alpha-Bio Tec Catalog does not                          in this investigation to add specific
                                                anticipate the asserted claims of the ’977                                                                    Institution of a Five-Year Review
                                                                                                        provisions permitting the use of
                                                patent.                                                 discovery from this investigation in two              AGENCY: United States International
                                                   No party petitioned for review of the                co-pending proceedings in the U.S.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                                                                              Trade Commission.
                                                final ID’s finding that there is a violation            Patent and Trademark Office captioned                 ACTION: Notice.
                                                of section 337 with respect to the ’443                 as Instradent USA, Inc. v. Nobel Biocare
                                                patent.                                                 Services AG, IPR2015–01784, and                       SUMMARY:    The Commission hereby gives
                                                   On November 17, 2015, Respondents                    Instradent USA, Inc. v. Nobel Biocare                 notice that it has instituted a review
                                                and the Commission investigative                        Services AG, IPR2015–01786, as well as                pursuant to the Tariff Act of 1930 (‘‘the
                                                attorney each filed responses opposing                  Nobel’s motion for leave to file a reply              Act’’), as amended, to determine
                                                Nobel’s petition for review.                            in support of its motion. Id. at 3473.                whether revocation of the antidumping


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                                                                                  Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                            26257

                                                duty order on Hot-Rolled Flat-Rolled                     Commission is now conducting a third                 provided in section 201.11(b)(4) of the
                                                Carbon-Quality Steel Products (‘‘hot-                    review pursuant to section 751(c) of the             Commission’s rules, no later than 21
                                                rolled steel’’) from Russia would be                     Act, as amended (19 U.S.C. 1675(c)), to              days after publication of this notice in
                                                likely to lead to continuation or                        determine whether revocation of the                  the Federal Register. The Secretary will
                                                recurrence of material injury. Pursuant                  order would be likely to lead to                     maintain a public service list containing
                                                to the Act, interested parties are                       continuation or recurrence of material               the names and addresses of all persons,
                                                requested to respond to this notice by                   injury to the domestic industry within               or their representatives, who are parties
                                                submitting the information specified                     a reasonably foreseeable time.                       to the proceeding.
                                                below to the Commission;1 to be assured                  Provisions concerning the conduct of                    Former Commission employees who
                                                of consideration, the deadline for                       this proceeding may be found in the                  are seeking to appear in Commission
                                                responses is June 1, 2016. Comments on                   Commission’s Rules of Practice and                   five-year reviews are advised that they
                                                the adequacy of responses may be filed                   Procedure at 19 CFR parts 201, Subparts              may appear in a review even if they
                                                with the Commission by July 14, 2016.                    A and B and 19 CFR part 207, subparts                participated personally and
                                                DATES: Effective Date: May 2, 2016.                      A and F. The Commission will assess                  substantially in the corresponding
                                                FOR FURTHER INFORMATION CONTACT:                         the adequacy of interested party                     underlying original investigation or an
                                                Mary Messer (202–205–3193), Office of                    responses to this notice of institution to           earlier review of the same underlying
                                                Investigations, U.S. International Trade                 determine whether to conduct a full                  investigation. The Commission’s
                                                                                                         review or an expedited review. The                   designated agency ethics official has
                                                Commission, 500 E Street SW.,
                                                                                                         Commission’s determination in any                    advised that a five-year review is not the
                                                Washington, DC 20436. Hearing-
                                                                                                         expedited review will be based on the                same particular matter as the underlying
                                                impaired persons can obtain
                                                                                                         facts available, which may include                   original investigation, and a five-year
                                                information on this matter by contacting
                                                                                                         information provided in response to this             review is not the same particular matter
                                                the Commission’s TDD terminal on 202–
                                                                                                         notice.                                              as an earlier review of the same
                                                205–1810. Persons with mobility
                                                                                                            Definitions.—The following                        underlying investigation for purposes of
                                                impairments who will need special
                                                                                                         definitions apply to this review:                    18 U.S.C. 207, the post employment
                                                assistance in gaining access to the                         (1) Subject Merchandise is the class or           statute for Federal employees, and
                                                Commission should contact the Office                     kind of merchandise that is within the               Commission rule 201.15(b) (19 CFR
                                                of the Secretary at 202–205–2000.                        scope of the five-year review, as defined            201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                General information concerning the                       by the Department of Commerce.                       73 FR 24609 (May 5, 2008).
                                                Commission may also be obtained by                          (2) The Subject Country in this review            Consequently, former employees are not
                                                accessing its Internet server (http://                   is Russia.                                           required to seek Commission approval
                                                www.usitc.gov). The public record for                       (3) The Domestic Like Product is the              to appear in a review under Commission
                                                this proceeding may be viewed on the                     domestically produced product or                     rule 19 CFR 201.15, even if the
                                                Commission’s electronic docket (EDIS)                    products which are like, or in the                   corresponding underlying original
                                                at http://edis.usitc.gov.                                absence of like, most similar in                     investigation or an earlier review of the
                                                SUPPLEMENTARY INFORMATION:                               characteristics and uses with, the                   same underlying investigation was
                                                   Background.—Effective July 12, 1999,                  Subject Merchandise. In its original                 pending when they were Commission
                                                Commerce suspended the antidumping                       determination and its full first and                 employees. For further ethics advice on
                                                duty investigation on hot-rolled steel                   second five-year review determinations,              this matter, contact Carol McCue
                                                imports from Russia (64 FR 38642, July                   the Commission found one Domestic                    Verratti, Deputy Agency Ethics Official,
                                                19, 1999). Following first five-year                     Like Product consisting of all hot-rolled            at 202–205–3088.
                                                reviews by Commerce and the                              steel, as defined in Commerce’s scope.                  Limited disclosure of business
                                                Commission, effective May 12, 2005,                         (4) The Domestic Industry is the U.S.             proprietary information (BPI) under an
                                                Commerce issued a continuation of the                    producers as a whole of the Domestic                 administrative protective order (APO)
                                                suspended investigation on imports of                    Like Product, or those producers whose               and APO service list.—Pursuant to
                                                hot-rolled steel from Russia (70 FR                      collective output of the Domestic Like               section 207.7(a) of the Commission’s
                                                32571, June 3, 2005). Following second                   Product constitutes a major proportion               rules, the Secretary will make BPI
                                                five-year reviews by Commerce and the                    of the total domestic production of the              submitted in this proceeding available
                                                Commission, effective June 17, 2011,                     product. In its original determination               to authorized applicants under the APO
                                                Commerce issued a continuation of the                    and its full first and second five-year              issued in the proceeding, provided that
                                                suspended investigation on imports of                    review determinations, the Commission                the application is made no later than 21
                                                hot-rolled steel from Russia (76 FR                      defined the Domestic Industry as all                 days after publication of this notice in
                                                35400, June 17, 2011). Effective                         producers of hot-rolled steel.                       the Federal Register. Authorized
                                                December 19, 2014, Commerce                                 (5) An Importer is any person or firm             applicants must represent interested
                                                terminated the agreement suspending                      engaged, either directly or through a                parties, as defined in 19 U.S.C. 1677(9),
                                                the antidumping duty investigation on                    parent company or subsidiary, in                     who are parties to the proceeding. A
                                                hot-rolled steel from Russia and issued                  importing the Subject Merchandise into               separate service list will be maintained
                                                an antidumping duty order (79 FR                         the United States from a foreign                     by the Secretary for those parties
                                                77455, December 24, 2014). The                           manufacturer or through its selling                  authorized to receive BPI under the
                                                                                                         agent.                                               APO.
                                                  1 No response to this request for information is          Participation in the proceeding and                  Certification.—Pursuant to section
                                                required if a currently valid Office of Management       public service list.—Persons, including              207.3 of the Commission’s rules, any
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                                                and Budget (OMB) number is not displayed; the
                                                OMB number is 3117–0016/USITC No. 16–5–355,
                                                                                                         industrial users of the Subject                      person submitting information to the
                                                expiration date June 30, 2017. Public reporting          Merchandise and, if the merchandise is               Commission in connection with this
                                                burden for the request is estimated to average 15        sold at the retail level, representative             proceeding must certify that the
                                                hours per response. Please send comments                 consumer organizations, wishing to                   information is accurate and complete to
                                                regarding the accuracy of this burden estimate to
                                                the Office of Investigations, U.S. International Trade
                                                                                                         participate in the proceeding as parties             the best of the submitter’s knowledge. In
                                                Commission, 500 E Street SW., Washington, DC             must file an entry of appearance with                making the certification, the submitter
                                                20436.                                                   the Secretary to the Commission, as                  will be deemed to consent, unless


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                                                26258                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                otherwise specified, for the                               Information to Be Provided In                      operations on that product during
                                                Commission, its employees, and                          Response to this Notice of Institution:               calendar year 2015, except as noted
                                                contract personnel to use the                           As used below, the term ‘‘firm’’ includes             (report quantity data in short tons and
                                                information provided in any other                       any related firms.                                    value data in U.S. dollars, f.o.b. plant).
                                                reviews or investigations of the same or                   (1) The name and address of your firm              If you are a union/worker group or
                                                comparable products which the                           or entity (including World Wide Web                   trade/business association, provide the
                                                Commission conducts under Title VII of                  address) and name, telephone number,                  information, on an aggregate basis, for
                                                the Act, or in internal audits and                      fax number, and Email address of the                  the firms in which your workers are
                                                investigations relating to the programs                 certifying official.                                  employed/which are members of your
                                                and operations of the Commission                           (2) A statement indicating whether                 association.
                                                pursuant to 5 U.S.C. Appendix 3.                        your firm/entity is a U.S. producer of                   (a) Production (quantity) and, if
                                                   Written submissions.—Pursuant to                     the Domestic Like Product, a U.S. union               known, an estimate of the percentage of
                                                section 207.61 of the Commission’s                      or worker group, a U.S. importer of the               total U.S. production of the Domestic
                                                rules, each interested party response to                Subject Merchandise, a foreign producer               Like Product accounted for by your
                                                this notice must provide the information                or exporter of the Subject Merchandise,               firm’s(s’) production;
                                                specified below. The deadline for filing                a U.S. or foreign trade or business                      (b) Capacity (quantity) of your firm to
                                                such responses is June 1, 2016. Pursuant                association, or another interested party              produce the Domestic Like Product (i.e.,
                                                to section 207.62(b) of the Commission’s                (including an explanation). If you are a              the level of production that your
                                                rules, eligible parties (as specified in                union/worker group or trade/business                  establishment(s) could reasonably have
                                                Commission rule 207.62(b)(1)) may also                  association, identify the firms in which              expected to attain during the year,
                                                file comments concerning the adequacy                   your workers are employed or which are                assuming normal operating conditions
                                                of responses to the notice of institution               members of your association.                          (using equipment and machinery in
                                                and whether the Commission should                          (3) A statement indicating whether                 place and ready to operate), normal
                                                conduct an expedited or full review.                    your firm/entity is willing to participate            operating levels (hours per week/weeks
                                                The deadline for filing such comments                   in this proceeding by providing                       per year), time for downtime,
                                                is July 14, 2016. All written submissions               information requested by the                          maintenance, repair, and cleanup, and a
                                                must conform with the provisions of                     Commission.                                           typical or representative product mix);
                                                section 201.8 of the Commission’s rules;                   (4) A statement of the likely effects of              (c) the quantity and value of U.S.
                                                any submissions that contain BPI must                   the revocation of the antidumping duty                commercial shipments of the Domestic
                                                also conform with the requirements of                   order on the Domestic Industry in                     Like Product produced in your U.S.
                                                sections 201.6, 207.3, and 207.7 of the                 general and/or your firm/entity                       plant(s);
                                                Commission’s rules. The Commission’s                    specifically. In your response, please                   (d) the quantity and value of U.S.
                                                Handbook on E-Filing, available on the                  discuss the various factors specified in              internal consumption/company
                                                Commission’s Web site at http://                        section 752(a) of the Act (19 U.S.C.                  transfers of the Domestic Like Product
                                                edis.usitc.gov, elaborates upon the                     1675a(a)) including the likely volume of              produced in your U.S. plant(s); and
                                                Commission’s rules with respect to                      subject imports, likely price effects of                 (e) the value of (i) net sales, (ii) cost
                                                electronic filing. Also, in accordance                  subject imports, and likely impact of                 of goods sold (COGS), (iii) gross profit,
                                                with sections 201.16(c) and 207.3 of the                imports of Subject Merchandise on the                 (iv) selling, general and administrative
                                                Commission’s rules, each document                       Domestic Industry.                                    (SG&A) expenses, and (v) operating
                                                filed by a party to the proceeding must                    (5) A list of all known and currently              income of the Domestic Like Product
                                                be served on all other parties to the                   operating U.S. producers of the                       produced in your U.S. plant(s) (include
                                                proceeding (as identified by either the                 Domestic Like Product. Identify any                   both U.S. and export commercial sales,
                                                public or APO service list as                           known related parties and the nature of               internal consumption, and company
                                                appropriate), and a certificate of service              the relationship as defined in section                transfers) for your most recently
                                                must accompany the document (if you                     771(4)(B) of the Act (19 U.S.C.                       completed fiscal year (identify the date
                                                are not a party to the proceeding you do                1677(4)(B)).                                          on which your fiscal year ends).
                                                not need to serve your response).                          (6) A list of all known and currently                 (10) If you are a U.S. importer or a
                                                   Inability to provide requested                       operating U.S. importers of the Subject               trade/business association of U.S.
                                                information.—Pursuant to section                        Merchandise and producers of the                      importers of the Subject Merchandise
                                                207.61(c) of the Commission’s rules, any                Subject Merchandise in the Subject                    from the Subject Country, provide the
                                                interested party that cannot furnish the                Country that currently export or have                 following information on your firm’s(s’)
                                                information requested by this notice in                 exported Subject Merchandise to the                   operations on that product during
                                                the requested form and manner shall                     United States or other countries after                calendar year 2015 (report quantity data
                                                notify the Commission at the earliest                   2010.                                                 in short tons and value data in U.S.
                                                possible time, provide a full explanation                  (7) A list of 3–5 leading purchasers in            dollars). If you are a trade/business
                                                of why it cannot provide the requested                  the U.S. market for the Domestic Like                 association, provide the information, on
                                                information, and indicate alternative                   Product and the Subject Merchandise                   an aggregate basis, for the firms which
                                                forms in which it can provide                           (including street address, World Wide                 are members of your association.
                                                equivalent information. If an interested                Web address, and the name, telephone                     (a) The quantity and value (landed,
                                                party does not provide this notification                number, fax number, and Email address                 duty-paid but not including
                                                (or the Commission finds the                            of a responsible official at each firm).              antidumping duties) of U.S. imports
                                                explanation provided in the notification                   (8) A list of known sources of                     and, if known, an estimate of the
srobinson on DSK5SPTVN1PROD with NOTICES




                                                inadequate) and fails to provide a                      information on national or regional                   percentage of total U.S. imports of
                                                complete response to this notice, the                   prices for the Domestic Like Product or               Subject Merchandise from the Subject
                                                Commission may take an adverse                          the Subject Merchandise in the U.S. or                Country accounted for by your firm’s(s’)
                                                inference against the party pursuant to                 other markets.                                        imports;
                                                section 776(b) of the Act (19 U.S.C.                       (9) If you are a U.S. producer of the                 (b) the quantity and value (f.o.b. U.S.
                                                1677e(b)) in making its determination in                Domestic Like Product, provide the                    port, including antidumping and/or
                                                the review.                                             following information on your firm’s                  countervailing duties) of U.S.


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                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                                   26259

                                                commercial shipments of Subject                         abroad). Demand conditions to consider                (304) 625–5859, facsimile (304) 625–
                                                Merchandise imported from the Subject                   include end uses and applications; the                5090.
                                                Country; and                                            existence and availability of substitute              SUPPLEMENTARY INFORMATION: The FBI
                                                   (c) the quantity and value (f.o.b. U.S.              products; and the level of competition                CJIS APB is responsible for reviewing
                                                port, including antidumping duties) of                  among the Domestic Like Product                       policy issues and appropriate technical
                                                U.S. internal consumption/company                       produced in the United States, Subject                and operational issues related to the
                                                transfers of Subject Merchandise                        Merchandise produced in the Subject                   programs administered by the FBI’s CJIS
                                                imported from the Subject Country.                      Country, and such merchandise from                    Division, and thereafter, making
                                                   (11) If you are a producer, an exporter,             other countries.                                      appropriate recommendations to the FBI
                                                or a trade/business association of                         (13) (Optional) A statement of                     Director. The programs administered by
                                                producers or exporters of the Subject                   whether you agree with the above                      the CJIS Division are the Next
                                                Merchandise in the Subject Country,                     definitions of the Domestic Like Product              Generation Identification, Interstate
                                                provide the following information on                    and Domestic Industry; if you disagree                Identification Index, Law Enforcement
                                                your firm’s(s’) operations on that                      with either or both of these definitions,             Enterprise Portal, National Crime
                                                product during calendar year 2015                       please explain why and provide                        Information Center, National Instant
                                                (report quantity data in short tons and                 alternative definitions.                              Criminal Background Check System,
                                                value data in U.S. dollars, landed and
                                                                                                          Authority: This proceeding is being                 National Incident-Based Reporting
                                                duty-paid at the U.S. port but not
                                                                                                        conducted under authority of Title VII of the         System, National Data Exchange, and
                                                including antidumping duties). If you                   Tariff Act of 1930; this notice is published          Uniform Crime Reporting.
                                                are a trade/business association, provide               pursuant to section 207.61 of the                        This meeting is open to the public.
                                                the information, on an aggregate basis,                 Commission’s rules.                                   All attendees will be required to check-
                                                for the firms which are members of your                                                                       in at the meeting registration desk.
                                                                                                          By order of the Commission.
                                                association.                                                                                                  Registrations will be accepted on a
                                                   (a) Production (quantity) and, if                      Issued: April 25, 2016.
                                                                                                        William R. Bishop,                                    space available basis. Interested persons
                                                known, an estimate of the percentage of
                                                                                                        Supervisory Hearings and Information
                                                                                                                                                              whose registrations have been accepted
                                                total production of Subject Merchandise
                                                                                                        Officer.                                              may be permitted to participate in the
                                                in the Subject Country accounted for by
                                                                                                                                                              discussions at the discretion of the
                                                your firm’s(s’) production;                             [FR Doc. 2016–09928 Filed 4–29–16; 8:45 am]
                                                   (b) Capacity (quantity) of your firm(s)                                                                    meeting chairman and with approval of
                                                                                                        BILLING CODE 7020–02–P
                                                to produce the Subject Merchandise in                                                                         the Designated Federal Officer (DFO).
                                                the Subject Country (i.e., the level of                                                                       Any member of the public may file a
                                                production that your establishment(s)                                                                         written statement with the Board.
                                                                                                        DEPARTMENT OF JUSTICE                                 Written comments shall be focused on
                                                could reasonably have expected to
                                                attain during the year, assuming normal                                                                       the APB’s current issues under
                                                                                                        Federal Bureau of Investigation
                                                operating conditions (using equipment                                                                         discussion and may not be repetitive of
                                                and machinery in place and ready to                     Meeting of the CJIS Advisory Policy                   previously submitted written
                                                operate), normal operating levels (hours                Board                                                 statements. Written comments should
                                                                                                                                                              be provided to Mr. R. Scott Trent, DFO,
                                                per week/weeks per year), time for
                                                                                                        AGENCY:  Federal Bureau of Investigation              at least seven (7) days in advance of the
                                                downtime, maintenance, repair, and
                                                                                                        (FBI), DOJ.                                           meeting so that the comments may be
                                                cleanup, and a typical or representative
                                                                                                        ACTION: Meeting notice.                               made available to the APB for their
                                                product mix); and
                                                   (c) the quantity and value of your                                                                         consideration prior to the meeting.
                                                                                                        SUMMARY:   The purpose of this notice is                 Anyone requiring special
                                                firm’s(s’) exports to the United States of              to announce the meeting of the Federal                accommodations should notify Mr.
                                                Subject Merchandise and, if known, an                   Bureau of Investigation’s Criminal                    Trent at least seven (7) days in advance
                                                estimate of the percentage of total                     Justice Information Services (CJIS)                   of the meeting.
                                                exports to the United States of Subject                 Advisory Policy Board (APB). The CJIS
                                                Merchandise from the Subject Country                                                                            Dated: April 6, 2016.
                                                                                                        APB is a federal advisory committee                   R. Scott Trent,
                                                accounted for by your firm’s(s’) exports.               established pursuant to the Federal
                                                   (12) Identify significant changes, if                                                                      CJIS Designated Federal Officer, Criminal
                                                                                                        Advisory Committee Act (FACA). This                   Justice Information Services Division, Federal
                                                any, in the supply and demand
                                                                                                        meeting announcement is being                         Bureau of Investigation.
                                                conditions or business cycle for the
                                                                                                        published as required by Section 10 of
                                                Domestic Like Product that have                                                                               [FR Doc. 2016–08606 Filed 4–29–16; 8:45 am]
                                                                                                        the FACA.
                                                occurred in the United States or in the                                                                       BILLING CODE 4410–02–P
                                                market for the Subject Merchandise in                   DATES: The APB will meet in open
                                                the Subject Country after 2010, and                     session from 8:30 a.m. until 5 p.m., on
                                                significant changes, if any, that are                   June 8–9, 2016.                                       DEPARTMENT OF JUSTICE
                                                likely to occur within a reasonably                     ADDRESSES: The meeting will take place
                                                                                                        at Norfolk Waterside Marriott Hotel &                 Notice of Lodging of Proposed
                                                foreseeable time. Supply conditions to
                                                                                                        Convention Center, 235 East Main                      Consent Decrees Under the
                                                consider include technology;
                                                                                                        Street, Norfolk, VA 23510, telephone                  Comprehensive Environmental
                                                production methods; development
                                                                                                        (757) 627–4200.                                       Response, Compensation, and Liability
                                                efforts; ability to increase production
                                                                                                                                                              Act
                                                (including the shift of production                      FOR FURTHER INFORMATION CONTACT:
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                                                facilities used for other products and the              Inquiries may be addressed to Ms. Kara                  On April 22, 2016, the Department of
                                                use, cost, or availability of major inputs              Delmont; Management Program                           Justice lodged two proposed consent
                                                into production); and factors related to                Assistant; CJIS Training and Advisory                 decrees with the United States District
                                                the ability to shift supply among                       Process Unit, Resources Management                    Court for the Eastern District of
                                                different national markets (including                   Section; FBI CJIS Division, Module C2,                Tennessee in the lawsuit entitled United
                                                barriers to importation in foreign                      1000 Custer Hollow Road, Clarksburg,                  States and State of Tennessee v. OXY
                                                markets or changes in market demand                     West Virginia 26306–0149; telephone                   USA Inc., Civil Action No. 1:16–cv–103.


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Document Created: 2016-04-30 13:35:36
Document Modified: 2016-04-30 13:35:36
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 26256 

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