81_FR_35164 81 FR 35059 - Cased Pencils From China; Institution of a Five-Year Review

81 FR 35059 - Cased Pencils From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range35059-35062
FR Document2016-12433

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 cased pencils from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is July 1, 2016. Comments on the adequacy of responses may be filed with the Commission by August 15, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016) 
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35059-35062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12433]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-669 (Fourth Review)]


Cased Pencils From China; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on cased 
pencils from China would be likely to lead to continuation or 
recurrence of material injury. Pursuant to the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is July 1, 2016. Comments on the adequacy of 
responses may be filed with the Commission by August 15, 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. 16-5-356, 
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 June 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://

[[Page 35060]]

www.usitc.gov). The public record for this proceeding may be viewed on 
the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.-- On December 28, 1994, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of cased 
pencils from China (59 FR 66909). Following first five-year reviews by 
Commerce and the Commission, effective August 10, 2000, Commerce issued 
a continuation of the antidumping duty order on imports of cased 
pencils from China (65 FR 48960). Following second five-year reviews by 
Commerce and the Commission, effective December 20, 2005, Commerce 
issued a second continuation of the antidumping duty order on imports 
of cased pencils from China (70 FR 75450). Following the third five-
year reviews by Commerce and the Commission, effective July 12, 2011, 
Commerce issued a continuation of the antidumping duty order on imports 
of cased pencils from China (76 FR 40880). The Commission is now 
conducting a fourth review pursuant to section 751(c) of the Act, as 
amended (19 U.S.C. 1675(c)), to determine whether revocation of the 
order would be likely to lead to continuation or recurrence of material 
injury to the domestic industry within a reasonably foreseeable time. 
Provisions concerning the conduct of this proceeding may be found in 
the Commission's Rules of Practice and Procedure at 19 CFR parts 201, 
Subparts A and B and 19 CFR part 207, subparts A and F. The Commission 
will assess the adequacy of interested party responses to this notice 
of institution to determine whether to conduct a full review or an 
expedited review. The Commission's determination in any expedited 
review will be based on the facts available, which may include 
information provided in response to this notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and its expedited first, second, and third five-year 
review determinations, the Commission defined the Domestic Like Product 
as all cased pencils, coextensive with 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 expedited first, second, and third five-year review determinations, 
the Commission defined the Domestic Industry as all domestic producers 
of cased pencils. In its original determination, the Commission 
excluded one domestic producer from the Domestic Industry under the 
related parties provision. In its third five-year review determination, 
the Commission excluded one domestic producer, Dixon Ticonderoga, from 
the Domestic Industry under the related parties provision. Certain 
Commissioners defined the Domestic Industry differently in the third 
five-year review determination.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is July 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 August 15, 2016. All written submissions must conform 
with the

[[Page 35061]]

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 2009.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2015, except as noted (report quantity 
data in gross 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 gross 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 calendar year 2015 (report quantity 
data in gross 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;

[[Page 35062]]

    (b) capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2009, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

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

    By order of the Commission.

    Issued: May 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12433 Filed 5-31-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices 35059 Tariff Act of 1930, as amended, 19 Chairman and Vice Chairman of the amended (19 U.S.C. 1337), and in Part U.S.C. 1337, in the importation into the Congressional Steel Caucus, also filed a 210 of the Commission’s Rules of United States, the sale for importation, response to the Commission’s February Practice and Procedure (19 CFR part and the sale within the United States 8, 2016 notice. On February 25, 2016, 210). after importation of certain stainless the parties filed reply submissions. By order of the Commission. steel products, certain processes for Also, on February 25, 2016, several non- Issued: May 25, 2016. manufacturing or relating to same, and parties filed reply submissions, Lisa R. Barton, certain products containing same by including American Wire Producers reason of the misappropriation of trade Association, Alloy Screen Works, Inc., Secretary to the Commission. secrets, the threat or effect of which is Cincinnati Metals Inc., Kerkau Mfg., [FR Doc. 2016–12814 Filed 5–31–16; 8:45 am] to destroy or substantially injure an Carpenter Technology Corporation, BILLING CODE 7020–02–P industry in the United States. Id. The Crucible Industries LLC, Electralloy notice of investigation names as (G.O. Carlson Inc., Co.), North American respondents (1) Viraj Profiles of Stainless, Outokumpu Stainless USA, INTERNATIONAL TRADE Mumbai, India; Viraj Holdings P. Ltd. of LLC, and Universal Stainless & Alloy COMMISSION Mumbai, India; Viraj—U.S.A., Inc. of Products, Inc. On February 25, 2016, [Investigation No. 731–TA–669 (Fourth Garden City, New York; (2) U.S. Senator Joe Donnelly of Indiana Review)] Flanschenwerk Bebitz GmbH of also filed a response to the Könnern, Germany; Bebitz Flanges Commission’s February 8, 2016 notice. Cased Pencils From China; Institution Works Pvt. Ltd. of Maharashtra, India; On March 3, 2016, the ALJ issued an of a Five-Year Review Bebitz U.S.A. of Garden City, New York; ID (Order No. 19) granting Valbruna’s AGENCY: United States International and Ta Chen Stainless Pipe Co., Ltd. of motion for partial termination of the Trade Commission. Tainan, Taiwan and Ta Chen investigation based on withdrawal of the complaint against all respondents ACTION: Notice. International, Inc. of Long Beach, California. Id. The Office of Unfair except Viraj Profiles. On April 4, 2016, SUMMARY: The Commission hereby gives Import Investigations also was named as the Commission determined not to notice that it has instituted a review a party to the investigation. Id. review Order No. 19. Notice (Apr. 4, pursuant to the Tariff Act of 1930 (‘‘the On December 8, 2015, the 2016). Act’’), as amended, to determine administrative law judge (‘‘ALJ’’) issued Having examined the record of this whether revocation of the antidumping an initial determination (‘‘ID’’) (Order investigation, including the various IDs duty order on cased pencils from China No. 17) granting in part Valbruna’s and the parties’ submissions, the would be likely to lead to continuation motion for default and other relief. The Commission has determined to vacate or recurrence of material injury. ALJ found that Viraj Profiles acted in the portions of Order No. 17 with Pursuant to the Act, interested parties bad faith in spoliating evidence and that respect to (1) disgorgement and (2) are requested to respond to this notice a sanction of default against Viraj denial of Valbruna’s request for leave to by submitting the information specified Profiles was warranted. On February 8, assert additional operating practices. The Commission has determined the below to the Commission; 1 to be 2016, the Commission determined to assured of consideration, the deadline review Order No. 17, and, in that notice appropriate remedy is a limited exclusion order prohibiting, for 16.7 for responses is July 1, 2016. Comments of review, determined to affirm the years from the date of the order, the on the adequacy of responses may be default finding against Viraj Profiles, entry of stainless steel products filed with the Commission by August noting that supplemental reasoning manufactured by or on behalf of Viraj 15, 2016. would be provided in a forthcoming Profiles using any of the DATES: Effective June 1, 2016. opinion. 81 FR 7584 (Feb. 12, 2016). The Commission also requested briefing misappropriated trade secrets identified FOR FURTHER INFORMATION CONTACT: from the parties on certain issues on in Valbruna’s complaint (see Compl. ¶¶ Mary Messer (202–205–3193), Office of review, and requested briefing from the 27–33, 51 and accompanying exhibits). Investigations, U.S. International Trade parties, interested government agencies, The Commission has also determined to Commission, 500 E Street SW., and any other interested persons on the issue a cease and desist order Washington, DC 20436. Hearing- issues of remedy, the public interest, prohibiting Viraj Profiles from, inter impaired persons can obtain and bonding. Id. alia, importing or selling the subject information on this matter by contacting On February 18, 2016, the parties products. The Commission has the Commission’s TDD terminal on 202– filed initial written submissions determined that the public interest 205–1810. Persons with mobility addressing the Commission’s questions factors enumerated in section 337(d) impairments who will need special and remedy, the public interest, and and (f), 19 U.S.C. 1337(d), (f), do not assistance in gaining access to the bonding. Also, on February 18, 2016, preclude the issuance of the limited Commission should contact the Office several non-parties filed responses to exclusion order or the cease and desist of the Secretary at 202–205–2000. the Commission’s February 8, 2016 order. The Commission has determined General information concerning the notice, including Forging Industry to apply a bond in the amount of 13.4 Commission may also be obtained by Association, Central Wire Inc., Sumiden percent of the entered value of excluded accessing its Internet server (http:// Wire Products Corporation, Tree Island products imported or sold during the Steel, Tri Star Metals, LLC, Carpenter period of Presidential review (19 U.S.C. 1 No response to this request for information is Technology Corporation, Crucible required if a currently valid Office of Management sradovich on DSK3TPTVN1PROD with NOTICES 1337(j)). and Budget (OMB) number is not displayed; the Industries LLC, Electralloy (G.O. The Commission’s order and opinion OMB number is 3117–0016/USITC No. 16–5–356, Carlson Inc., Co.), North American were delivered to the President and to expiration date June 30, 2017. Public reporting Stainless, Outokumpu Stainless USA, the United States Trade Representative burden for the request is estimated to average 15 LLC, and Universal Stainless & Alloy on the day of their issuance. hours per response. Please send comments regarding the accuracy of this burden estimate to Products, Inc. On February 24, 2016, The authority for the Commission’s the Office of Investigations, U.S. International Trade U.S. Representatives Tim Murphy and determination is contained in section Commission, 500 E Street SW., Washington, DC Peter J. Visclosky, the respective 337 of the Tariff Act of 1930, as 20436. VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

35060 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices www.usitc.gov). The public record for cased pencils, coextensive with 201.15(b)), 79 FR 3246 (Jan. 17, 2014), this proceeding may be viewed on the Commerce’s scope. 73 FR 24609 (May 5, 2008). Commission’s electronic docket (EDIS) (4) The Domestic Industry is the U.S. Consequently, former employees are not at http://edis.usitc.gov. producers as a whole of the Domestic required to seek Commission approval SUPPLEMENTARY INFORMATION: Like Product, or those producers whose to appear in a review under Commission Background.— On December 28, collective output of the Domestic Like rule 19 CFR 201.15, even if the 1994, the Department of Commerce Product constitutes a major proportion corresponding underlying original (‘‘Commerce’’) issued an antidumping of the total domestic production of the investigation or an earlier review of the duty order on imports of cased pencils product. In its original determination same underlying investigation was from China (59 FR 66909). Following and its expedited first, second, and third pending when they were Commission first five-year reviews by Commerce and five-year review determinations, the employees. For further ethics advice on the Commission, effective August 10, Commission defined the Domestic this matter, contact Carol McCue 2000, Commerce issued a continuation Industry as all domestic producers of Verratti, Deputy Agency Ethics Official, of the antidumping duty order on cased pencils. In its original at 202–205–3088. imports of cased pencils from China (65 determination, the Commission Limited disclosure of business FR 48960). Following second five-year excluded one domestic producer from proprietary information (BPI) under an reviews by Commerce and the the Domestic Industry under the related administrative protective order (APO) Commission, effective December 20, parties provision. In its third five-year and APO service list.—Pursuant to review determination, the Commission section 207.7(a) of the Commission’s 2005, Commerce issued a second excluded one domestic producer, Dixon rules, the Secretary will make BPI continuation of the antidumping duty Ticonderoga, from the Domestic submitted in this proceeding available order on imports of cased pencils from Industry under the related parties to authorized applicants under the APO China (70 FR 75450). Following the provision. Certain Commissioners issued in the proceeding, provided that third five-year reviews by Commerce defined the Domestic Industry the application is made no later than 21 and the Commission, effective July 12, differently in the third five-year review days after publication of this notice in 2011, Commerce issued a continuation determination. the Federal Register. Authorized of the antidumping duty order on (5) An Importer is any person or firm applicants must represent interested imports of cased pencils from China (76 engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), FR 40880). The Commission is now parent company or subsidiary, in who are parties to the proceeding. A conducting a fourth review pursuant to importing the Subject Merchandise into separate service list will be maintained section 751(c) of the Act, as amended the United States from a foreign by the Secretary for those parties (19 U.S.C. 1675(c)), to determine manufacturer or through its selling authorized to receive BPI under the whether revocation of the order would agent. APO. be likely to lead to continuation or Participation in the proceeding and Certification.—Pursuant to section recurrence of material injury to the public service list.—Persons, including 207.3 of the Commission’s rules, any domestic industry within a reasonably industrial users of the Subject person submitting information to the foreseeable time. Provisions concerning Merchandise and, if the merchandise is Commission in connection with this the conduct of this proceeding may be sold at the retail level, representative proceeding must certify that the found in the Commission’s Rules of consumer organizations, wishing to information is accurate and complete to Practice and Procedure at 19 CFR parts participate in the proceeding as parties the best of the submitter’s knowledge. In 201, Subparts A and B and 19 CFR part must file an entry of appearance with making the certification, the submitter 207, subparts A and F. The Commission the Secretary to the Commission, as will be deemed to consent, unless will assess the adequacy of interested provided in section 201.11(b)(4) of the otherwise specified, for the party responses to this notice of Commission’s rules, no later than 21 Commission, its employees, and institution to determine whether to days after publication of this notice in contract personnel to use the conduct a full review or an expedited the Federal Register. The Secretary will information provided in any other review. The Commission’s maintain a public service list containing reviews or investigations of the same or determination in any expedited review the names and addresses of all persons, comparable products which the will be based on the facts available, or their representatives, who are parties Commission conducts under Title VII of which may include information to the proceeding. the Act, or in internal audits and provided in response to this notice. Former Commission employees who investigations relating to the programs Definitions.—The following are seeking to appear in Commission and operations of the Commission definitions apply to this review: five-year reviews are advised that they pursuant to 5 U.S.C. Appendix 3. (1) Subject Merchandise is the class or may appear in a review even if they Written submissions.—Pursuant to kind of merchandise that is within the participated personally and section 207.61 of the Commission’s scope of the five-year review, as defined substantially in the corresponding rules, each interested party response to by Commerce. underlying original investigation or an this notice must provide the information (2) The Subject Country in this review earlier review of the same underlying specified below. The deadline for filing is China. investigation. The Commission’s such responses is July 1, 2016. Pursuant (3) The Domestic Like Product is the designated agency ethics official has to section 207.62(b) of the Commission’s domestically produced product or advised that a five-year review is not the rules, eligible parties (as specified in products which are like, or in the same particular matter as the underlying Commission rule 207.62(b)(1)) may also sradovich on DSK3TPTVN1PROD with NOTICES absence of like, most similar in original investigation, and a five-year file comments concerning the adequacy characteristics and uses with, the review is not the same particular matter of responses to the notice of institution Subject Merchandise. In its original as an earlier review of the same and whether the Commission should determination and its expedited first, underlying investigation for purposes of conduct an expedited or full review. second, and third five-year review 18 U.S.C. 207, the post employment The deadline for filing such comments determinations, the Commission statute for Federal employees, and is August 15, 2016. All written defined the Domestic Like Product as all Commission rule 201.15(b) (19 CFR submissions must conform with the VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices 35061 provisions of section 201.8 of the (4) A statement of the likely effects of (c) the quantity and value of U.S. Commission’s rules; any submissions the revocation of the antidumping duty commercial shipments of the Domestic that contain BPI must also conform with order on the Domestic Industry in Like Product produced in your U.S. the requirements of sections 201.6, general and/or your firm/entity plant(s); 207.3, and 207.7 of the Commission’s specifically. In your response, please (d) the quantity and value of U.S. rules. The Commission’s Handbook on discuss the various factors specified in internal consumption/company E-Filing, available on the Commission’s section 752(a) of the Act (19 U.S.C. transfers of the Domestic Like Product Web site at http://edis.usitc.gov, 1675a(a)) including the likely volume of produced in your U.S. plant(s); and elaborates upon the Commission’s rules subject imports, likely price effects of (e) the value of (i) net sales, (ii) cost with respect to electronic filing. Also, in subject imports, and likely impact of of goods sold (COGS), (iii) gross profit, accordance with sections 201.16(c) and imports of Subject Merchandise on the (iv) selling, general and administrative 207.3 of the Commission’s rules, each Domestic Industry. (SG&A) expenses, and (v) operating document filed by a party to the (5) A list of all known and currently income of the Domestic Like Product proceeding must be served on all other operating U.S. producers of the produced in your U.S. plant(s) (include parties to the proceeding (as identified Domestic Like Product. Identify any both U.S. and export commercial sales, by either the public or APO service list known related parties and the nature of internal consumption, and company as appropriate), and a certificate of the relationship as defined in section transfers) for your most recently service must accompany the document 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date (if you are not a party to the proceeding 1677(4)(B)). on which your fiscal year ends). you do 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 2009. in gross and value data in U.S. dollars). possible time, provide a full explanation (7) A list of 3–5 leading purchasers in If you are a trade/business association, of why it cannot provide the requested the U.S. market for the Domestic Like provide the information, on an aggregate information, and indicate alternative Product and the Subject Merchandise basis, for the firms which are members forms in which it can provide (including street address, World Wide 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 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 duties) of the review. following information on your firm’s U.S. commercial shipments of Subject Information To Be Provided In operations on that product during Merchandise imported from the Subject Response To This Notice of Institution: calendar year 2015, except as noted Country; and As used below, the term ‘‘firm’’ includes (report quantity data in gross and value (c) the quantity and value (f.o.b. U.S. any related firms. data in U.S. dollars, f.o.b. plant). If you port, including antidumping duties) of (1) The name and address of your firm are a union/worker group or trade/ U.S. internal consumption/company or entity (including World Wide Web business association, provide the transfers of Subject Merchandise address) and name, telephone number, information, on an aggregate basis, for imported from the Subject Country. fax number, and Email address of the the firms in which your workers are (11) If you are a producer, an exporter, certifying official. employed/which are members of your or a trade/business association of (2) A statement indicating whether association. producers or exporters of the Subject your firm/entity is a U.S. producer of (a) Production (quantity) and, if Merchandise in the Subject Country, the Domestic Like Product, a U.S. union known, an estimate of the percentage of provide the following information on or worker group, a U.S. importer of the total U.S. production of the Domestic your firm’s(s’) operations on that Subject Merchandise, a foreign producer Like Product accounted for by your product during calendar year 2015 or exporter of the Subject Merchandise, firm’s(s’) production; (report quantity data in gross and value a U.S. or foreign trade or business (b) Capacity (quantity) of your firm to data in U.S. dollars, landed and duty- association, or another interested party produce the Domestic Like Product (i.e., paid at the U.S. port but not including (including an explanation). If you are a the level of production that your antidumping duties). If you are a trade/ union/worker group or trade/business establishment(s) could reasonably have business association, provide the association, identify the firms in which expected to attain during the year, information, on an aggregate basis, for sradovich on DSK3TPTVN1PROD with NOTICES your workers are employed or which are assuming normal operating conditions the firms which are members of your members of your association. (using equipment and machinery in association. (3) A statement indicating whether place and ready to operate), normal (a) Production (quantity) and, if your firm/entity is willing to participate operating levels (hours per week/weeks known, an estimate of the percentage of in this proceeding by providing per year), time for downtime, total production of Subject Merchandise information requested by the maintenance, repair, and cleanup, and a in the Subject Country accounted for by Commission. typical or representative product mix); your firm’s(s’) production; VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

35062 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices (b) capacity (quantity) of your firm(s) DEPARTMENT OF JUSTICE • Minimize the burden of the to produce the Subject Merchandise in collection of information on those who the Subject Country (i.e., the level of Bureau of Alcohol, Tobacco, Firearms are to respond, including through the production that your establishment(s) and Explosives use of appropriate automated, could reasonably have expected to [OMB Number 1140–0026] electronic, mechanical, or other attain during the year, assuming normal technological collection techniques or operating conditions (using equipment Agency Information Collection other forms of information technology, and machinery in place and ready to Activities; Proposed eCollection e.g., permitting electronic submission of operate), normal operating levels (hours eComments Requested; Report of responses. per week/weeks per year), time for Theft or Loss of Explosives downtime, maintenance, repair, and Overview of This Information cleanup, and a typical or representative AGENCY: Bureau of Alcohol, Tobacco, Collection product mix); and Firearms and Explosives, Department of 1. Type of Information Collection (c) the quantity and value of your Justice. (check justification or form 83): firm’s(s’) exports to the United States of ACTION: 60-day notice. Extension of a currently approved Subject Merchandise and, if known, an collection. estimate of the percentage of total SUMMARY: The Department of Justice 2. The Title of the Form/Collection: exports to the United States of Subject (DOJ), Bureau of Alcohol, Tobacco, Report of Theft or Loss of Explosives. Merchandise from the Subject Country Firearms and Explosives (ATF), will 3. The agency form number, if any, accounted for by your firm’s(s’) exports. submit the following information and the applicable component of the (12) Identify significant changes, if collection request to the Office of Department sponsoring the collection: any, in the supply and demand Management and Budget (OMB) for Form number (if applicable): ATF F conditions or business cycle for the review and approval in accordance with 5400.5. Domestic Like Product that have the Paperwork Reduction Act of 1995. Component: Bureau of Alcohol, occurred in the United States or in the DATES: Comments are encouraged and Tobacco, Firearms and Explosives, U.S. market for the Subject Merchandise in will be accepted for 60 days until Department of Justice. the Subject Country after 2009, and August 1, 2016. 4. Affected public who will be asked significant changes, if any, that are FOR FURTHER INFORMATION CONTACT: If or required to respond, as well as a brief likely to occur within a reasonably you have additional comments abstract: foreseeable time. Supply conditions to especially on the estimated public Primary: Business or other for-profit. consider include technology; burden or associated response time, Other (if applicable): Individuals or production methods; development suggestions, or need a copy of the households, Not-for-profit institutions, efforts; ability to increase production proposed information collection Farms, Federal Government, and State, (including the shift of production instrument with instructions or Local, or Tribal Government. facilities used for other products and the additional information, please contact Abstract: According to 27 CFR 555.30 use, cost, or availability of major inputs Jason Lynch, United States Bomb Data (a) Any licensee or permittee who has into production); and factors related to Center, 3750 Corporal Road, Redstone knowledge or theft or loss of any the ability to shift supply among Arsenal, AL 35898, at email: explosive materials from his stock shall, different national markets (including Jason.Lynch@ATF.gov. Written within 24 hours of discovery, report the barriers to importation in foreign comments and/or suggestions can also theft or loss by telephoning 1–800–800– markets or changes in market demand be directed to the Office of Management 3855 (nationwide toll free number) and abroad). Demand conditions to consider and Budget, Office of Information and on ATF F 5400.5, Report of Theft or include end uses and applications; the Regulatory Affairs, Attention Loss of Explosives, in accordance with existence and availability of substitute Department of Justice Desk Officer, the instructions on the form. products; and the level of competition 5. An estimate of the total number of Washington, DC 20503 or sent to OIRA_ among the Domestic Like Product respondents and the amount of time submissions@omb.eop.gov. produced in the United States, Subject estimated for an average respondent to SUPPLEMENTARY INFORMATION: Written respond: An estimated 300 respondents Merchandise produced in the Subject comments and suggestions from the Country, and such merchandise from will take 1 hour and 48 minutes to public and affected agencies concerning complete the form. other countries. the proposed collection of information (13) (Optional) A statement of 6. An estimate of the total public are encouraged. Your comments should burden (in hours) associated with the whether you agree with the above address one or more of the following collection: The estimated annual public definitions of the Domestic Like Product four points: burden associated with this collection is and Domestic Industry; if you disagree • Evaluate whether the proposed 540 hours. with either or both of these definitions, collection of information is necessary If additional information is required please explain why and provide for the proper performance of the contact: Jerri Murray, Department alternative definitions. functions of the agency, including Clearance Officer, United States Authority: This proceeding is being whether the information will have conducted under authority of Title VII of the Department of Justice, Justice practical utility; Management Division, Policy and Tariff Act of 1930; this notice is published pursuant to section 207.61 of the • Evaluate the accuracy of the Planning Staff, Two Constitution agency’s estimate of the burden of the sradovich on DSK3TPTVN1PROD with NOTICES Commission’s rules. Square, 145 N Street NE., Room 3E– proposed collection of information, 405B, Washington, DC 20530. By order of the Commission. including the validity of the Issued: May 23, 2016. methodology and assumptions used; Jerri Murray, Lisa R. Barton, • Evaluate whether and if so how the Department Clearance Officer for PRA, U.S. Secretary to the Commission. quality, utility, and clarity of the Department of Justice. [FR Doc. 2016–12433 Filed 5–31–16; 8:45 am] information to be collected can be [FR Doc. 2016–12758 Filed 5–31–16; 8:45 am] BILLING CODE 7020–02–P enhanced; and BILLING CODE 4410–FY–P VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 9990 E:\FR\FM\01JNN1.SGM 01JNN1


Document Created: 2018-02-08 07:27:41
Document Modified: 2018-02-08 07:27:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective June 1, 2016.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FR Citation81 FR 35059 
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