81_FR_43362 81 FR 43235 - Heavy Forged Hand Tools From China; Institution of Five-Year Reviews

81 FR 43235 - Heavy Forged Hand Tools From China; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43235-43238
FR Document2016-15374

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on heavy forged hand tools 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 August 1, 2016. Comments on the adequacy of responses may be filed with the Commission by September 14, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43235-43238]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15374]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-457-A-D (Fourth Review)]


Heavy Forged Hand Tools From China; Institution of Five-Year 
Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping duty orders on heavy 
forged hand tools 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 August 1, 2016. Comments on the adequacy 
of responses may be filed with the Commission by September 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. 16-5-360, 
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: July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On February 19, 1991, the Department of Commerce 
issued antidumping duty orders on imports of the following classes or 
kinds of heavy forged hand tools from China: (1) Axes and adzes, (2) 
bars and wedges, (3) hammers and sledges, and (4) picks and mattocks 
(56 FR 6622). Following the first five-year reviews by Commerce and the 
Commission, effective August 10, 2000, Commerce issued a continuation 
of the antidumping duty orders on imports of heavy forged hand tools 
from China (65 FR 48962). Following second five-year reviews by 
Commerce and the Commission, effective February 16, 2006, Commerce 
issued a continuation of the antidumping duty orders on imports of 
heavy forged hand tools from China (71 FR 8276). Following the third 
five-year reviews by Commerce and the Commission, effective August 22, 
2011, Commerce issued a continuation of the antidumping duty orders on 
imports of heavy forged hand tools from China (76 FR 52313). The 
Commission is now conducting fourth reviews pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, Subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full or expedited reviews. The Commission's determinations in 
any expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Country in these reviews 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 
determinations, its full first five-year review determinations, and its 
expedited second and third five-year review determinations, the 
Commission found four Domestic Like Products: (1) axes, adzes and 
hewing tools, other than machetes, with or without handles; (2) bar 
tools, track tools and wedges; (3) hammers and sledges, with heads 
weighing two pounds or more, with or without handles; and (4) picks and 
mattocks, with or without handles, 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 determinations, its 
full first five-year review determinations, and its expedited second 
and third five-year review determinations, the Commission found four 
Domestic Industries: (1) Domestic producers of axes, adzes and hewing 
tools, other than machetes, with or without handles; (2) domestic 
producers of bar tools, track tools, and wedges; (3)

[[Page 43236]]

domestic producers of hammers and sledges, with heads weighing two 
pounds or more, with or without handles; and (4) domestic producers of 
picks and mattocks, with or without handles. In the original 
investigations, the Commission excluded from the Domestic Industries 
companies that did no more than assemble imported heads with handles 
purchased from a domestic manufacturer. The Commission also excluded 
one domestic producer, Madison Mill, from the Domestic Industries under 
the related parties provision in the original investigations. In its 
full first five-year reviews and its expedited second and third five-
year reviews, the Commission did not exclude any company as a related 
party.
    (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 acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) by the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    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 August 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 expedited or full reviews. The deadline for filing such 
comments is September 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 determinations in the reviews.
    Information To Be Provided In Response to This Notice of 
Institution: Please provide the requested information separately for 
each Domestic Like Product, as defined by the Commission in its 
original investigations and subsequent reviews, and for each of the 
products identified by Commerce as Subject Merchandise. 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 an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
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

[[Page 43237]]

U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), 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 units 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 units 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 units 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,

[[Page 43238]]

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: June 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15374 Filed 6-30-16; 8:45 am]
BILLING CODE 7020-02-P



                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                             43235

                                                    Massachusetts. See 81 FR 3473 (Jan. 21,                 whether revocation of the antidumping                    antidumping duty orders on imports of
                                                    2016). The complaint, as supplemented,                  duty orders on heavy forged hand tools                   heavy forged hand tools from China (76
                                                    alleges violations of section 337 of the                from China would be likely to lead to                    FR 52313). The Commission is now
                                                    Tariff Act of 1930, as amended, 19                      continuation or recurrence of material                   conducting fourth reviews pursuant to
                                                    U.S.C. 1337, in the importation into the                injury. Pursuant to the Act, interested                  section 751(c) of the Act, as amended
                                                    United States, the sale for importation,                parties are requested to respond to this                 (19 U.S.C. 1675(c)), to determine
                                                    and the sale within the United States                   notice by submitting the information                     whether revocation of the orders would
                                                    after importation of certain laser-driven               specified below to the Commission; 1 to                  be likely to lead to continuation or
                                                    light sources, subsystems containing                    be assured of consideration, the                         recurrence of material injury to the
                                                    laser-driven light sources, and products                deadline for responses is August 1,                      domestic industry within a reasonably
                                                    containing same by reason of                            2016. Comments on the adequacy of                        foreseeable time. Provisions concerning
                                                    infringement of certain claims of U.S.                  responses may be filed with the                          the conduct of this proceeding may be
                                                    Patent Nos. 8,969,841; 9,048,000; and                   Commission by September 14, 2016.                        found in the Commission’s Rules of
                                                    9,185,786. The respondents named in                     DATES: Effective Date: July 1, 2016.                     Practice and Procedure at 19 CFR parts
                                                    the Commission’s notice of investigation                FOR FURTHER INFORMATION CONTACT:                         201, Subparts A and B and 19 CFR part
                                                    are ASML Netherlands B.V. of                            Mary Messer (202–205–3193), Office of                    207, subparts A and F. The Commission
                                                    Veldhoven, the Netherlands; ASML US,                    Investigations, U.S. International Trade                 will assess the adequacy of interested
                                                    Inc. of Chandler, Arizona; and Qioptiq                  Commission, 500 E Street SW.,                            party responses to this notice of
                                                    Photonics GmbH & Co. KG, of                             Washington, DC 20436. Hearing-                           institution to determine whether to
                                                    Gottingen, Germany. The Office of                       impaired persons can obtain                              conduct full or expedited reviews. The
                                                    Unfair Import Investigations is not                     information on this matter by contacting                 Commission’s determinations in any
                                                    participating in the investigation.                     the Commission’s TDD terminal on 202–                    expedited reviews will be based on the
                                                       On May 11, 2016, complainant and                     205–1810. Persons with mobility                          facts available, which may include
                                                    respondents filed a joint motion to                     impairments who will need special                        information provided in response to this
                                                    terminate this investigation in its                                                                              notice.
                                                                                                            assistance in gaining access to the
                                                    entirety based on a settlement                                                                                      Definitions.—The following
                                                                                                            Commission should contact the Office
                                                    agreement.                                                                                                       definitions apply to these reviews:
                                                                                                            of the Secretary at 202–205–2000.                           (1) Subject Merchandise is the class or
                                                       On May 31, 2016, the ALJ issued an                   General information concerning the
                                                    ID (Order No. 12), granting the motion                                                                           kind of merchandise that is within the
                                                                                                            Commission may also be obtained by                       scope of the five-year reviews, as
                                                    for termination. The ALJ found that the                 accessing its internet server (http://
                                                    joint motion complies with the                                                                                   defined by the Department of
                                                                                                            www.usitc.gov). The public record for                    Commerce.
                                                    Commission Rules and that termination                   this proceeding may be viewed on the                        (2) The Subject Country in these
                                                    of the investigation will not adversely                 Commission’s electronic docket (EDIS)                    reviews is China.
                                                    affect the public interest. No party                    at http://edis.usitc.gov.                                   (3) The Domestic Like Product is the
                                                    petitioned for review of the subject ID.                SUPPLEMENTARY INFORMATION:                               domestically produced product or
                                                    The Commission has determined not to                       Background.—On February 19, 1991,                     products which are like, or in the
                                                    review the ID.                                          the Department of Commerce issued                        absence of like, most similar in
                                                       The authority for the Commission’s                   antidumping duty orders on imports of                    characteristics and uses with, the
                                                    determination is contained in section                   the following classes or kinds of heavy                  Subject Merchandise. In its original
                                                    337 of the Tariff Act of 1930, as                       forged hand tools from China: (1) Axes                   determinations, its full first five-year
                                                    amended (19 U.S.C. 1337), and in part                   and adzes, (2) bars and wedges, (3)                      review determinations, and its
                                                    210 of the Commission’s Rules of                        hammers and sledges, and (4) picks and                   expedited second and third five-year
                                                    Practice and Procedure (19 CFR part                     mattocks (56 FR 6622). Following the                     review determinations, the Commission
                                                    210).                                                   first five-year reviews by Commerce and                  found four Domestic Like Products: (1)
                                                      By order of the Commission.                           the Commission, effective August 10,                     axes, adzes and hewing tools, other than
                                                      Issued: June 27, 2016.                                2000, Commerce issued a continuation                     machetes, with or without handles; (2)
                                                    Lisa R. Barton,                                         of the antidumping duty orders on                        bar tools, track tools and wedges; (3)
                                                    Secretary to the Commission.                            imports of heavy forged hand tools from                  hammers and sledges, with heads
                                                    [FR Doc. 2016–15610 Filed 6–30–16; 8:45 am]
                                                                                                            China (65 FR 48962). Following second                    weighing two pounds or more, with or
                                                                                                            five-year reviews by Commerce and the                    without handles; and (4) picks and
                                                    BILLING CODE 7020–02–P
                                                                                                            Commission, effective February 16,                       mattocks, with or without handles,
                                                                                                            2006, Commerce issued a continuation                     coextensive with Commerce’s scope.
                                                    INTERNATIONAL TRADE                                     of the antidumping duty orders on                           (4) The Domestic Industry is the U.S.
                                                    COMMISSION                                              imports of heavy forged hand tools from                  producers as a whole of the Domestic
                                                                                                            China (71 FR 8276). Following the third                  Like Product, or those producers whose
                                                    [Investigation Nos. 731–TA–457–A–D                      five-year reviews by Commerce and the                    collective output of the Domestic Like
                                                    (Fourth Review)]                                        Commission, effective August 22, 2011,                   Product constitutes a major proportion
                                                                                                            Commerce issued a continuation of the                    of the total domestic production of the
                                                    Heavy Forged Hand Tools From China;
                                                                                                                                                                     product. In its original determinations,
                                                    Institution of Five-Year Reviews
                                                                                                                                                                     its full first five-year review
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              1 No response to this request for information is

                                                    AGENCY: United States International                     required if a currently valid Office of Management       determinations, and its expedited
                                                                                                            and Budget (OMB) number is not displayed; the
                                                    Trade Commission.                                       OMB number is 3117–0016/USITC No. 16–5–360,
                                                                                                                                                                     second and third five-year review
                                                    ACTION: Notice.                                         expiration date June 30, 2017. Public reporting          determinations, the Commission found
                                                                                                            burden for the request is estimated to average 15        four Domestic Industries: (1) Domestic
                                                    SUMMARY:    The Commission hereby gives                 hours per response. Please send comments                 producers of axes, adzes and hewing
                                                                                                            regarding the accuracy of this burden estimate to
                                                    notice that it has instituted reviews                   the Office of Investigations, U.S. International Trade
                                                                                                                                                                     tools, other than machetes, with or
                                                    pursuant to the Tariff Act of 1930 (‘‘the               Commission, 500 E Street SW., Washington, DC             without handles; (2) domestic producers
                                                    Act’’), as amended, to determine                        20436.                                                   of bar tools, track tools, and wedges; (3)


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1


                                                    43236                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    domestic producers of hammers and                       corresponding underlying original                      All written submissions must conform
                                                    sledges, with heads weighing two                        investigation or an earlier review of the              with the provisions of section 201.8 of
                                                    pounds or more, with or without                         same underlying investigation was                      the Commission’s rules; any
                                                    handles; and (4) domestic producers of                  pending when they were Commission                      submissions that contain BPI must also
                                                    picks and mattocks, with or without                     employees. For further ethics advice on                conform with the requirements of
                                                    handles. In the original investigations,                this matter, contact Carol McCue                       sections 201.6, 207.3, and 207.7 of the
                                                    the Commission excluded from the                        Verratti, Deputy Agency Ethics Official,               Commission’s rules. The Commission’s
                                                    Domestic Industries companies that did                  at 202–205–3088.                                       Handbook on E-Filing, available on the
                                                    no more than assemble imported heads                       Limited disclosure of business                      Commission’s Web site at http://
                                                    with handles purchased from a                           proprietary information (BPI) under an                 edis.usitc.gov, elaborates upon the
                                                    domestic manufacturer. The                              administrative protective order (APO)                  Commission’s rules with respect to
                                                    Commission also excluded one                            and APO service list.—Pursuant to                      electronic filing. Also, in accordance
                                                    domestic producer, Madison Mill, from                   section 207.7(a) of the Commission’s                   with sections 201.16(c) and 207.3 of the
                                                    the Domestic Industries under the                       rules, the Secretary will make BPI                     Commission’s rules, each document
                                                    related parties provision in the original               submitted in this proceeding available                 filed by a party to the proceeding must
                                                    investigations. In its full first five-year             to authorized applicants under the APO                 be served on all other parties to the
                                                    reviews and its expedited second and                    issued in the proceeding, provided that                proceeding (as identified by either the
                                                    third five-year reviews, the Commission                 the application is made no later than 21               public or APO service list as
                                                    did not exclude any company as a                        days after publication of this notice in               appropriate), and a certificate of service
                                                    related party.                                          the Federal Register. Authorized                       must accompany the document (if you
                                                       (5) An Importer is any person or firm                applicants must represent interested                   are not a party to the proceeding you do
                                                    engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),              not need to serve your response).
                                                    parent company or subsidiary, in                        who are parties to the proceeding. A                      Inability to provide requested
                                                    importing the Subject Merchandise into                  separate service list will be maintained               information.—Pursuant to section
                                                    the United States from a foreign                        by the Secretary for those parties                     207.61(c) of the Commission’s rules, any
                                                    manufacturer or through its selling                     authorized to receive BPI under the                    interested party that cannot furnish the
                                                    agent.                                                  APO.                                                   information requested by this notice in
                                                       Participation in the proceeding and                     Certification.—Pursuant to section                  the requested form and manner shall
                                                    public service list.—Persons, including                 207.3 of the Commission’s rules, any                   notify the Commission at the earliest
                                                    industrial users of the Subject                         person submitting information to the                   possible time, provide a full explanation
                                                    Merchandise and, if the merchandise is                  Commission in connection with this                     of why it cannot provide the requested
                                                    sold at the retail level, representative                proceeding must certify that the                       information, and indicate alternative
                                                    consumer organizations, wishing to                      information is accurate and complete to                forms in which it can provide
                                                    participate in the proceeding as parties                the best of the submitter’s knowledge. In              equivalent information. If an interested
                                                    must file an entry of appearance with                   making the certification, the submitter                party does not provide this notification
                                                    the Secretary to the Commission, as                     will acknowledge that information                      (or the Commission finds the
                                                    provided in section 201.11(b)(4) of the                 submitted in response to this request for              explanation provided in the notification
                                                    Commission’s rules, no later than 21                    information and throughout this                        inadequate) and fails to provide a
                                                    days after publication of this notice in                proceeding or other proceeding may be                  complete response to this notice, the
                                                    the Federal Register. The Secretary will                disclosed to and used: (i) by the                      Commission may take an adverse
                                                    maintain a public service list containing               Commission, its employees and Offices,                 inference against the party pursuant to
                                                    the names and addresses of all persons,                 and contract personnel (a) for                         section 776(b) of the Act (19 U.S.C.
                                                    or their representatives, who are parties               developing or maintaining the records                  1677e(b)) in making its determinations
                                                    to the proceeding.                                      of this or a related proceeding, or (b) in             in the reviews.
                                                       Former Commission employees who                      internal investigations, audits, reviews,                 Information To Be Provided In
                                                    are seeking to appear in Commission                     and evaluations relating to the                        Response to This Notice of Institution:
                                                    five-year reviews are advised that they                 programs, personnel, and operations of                 Please provide the requested
                                                    may appear in a review even if they                     the Commission including under 5                       information separately for each
                                                    participated personally and                             U.S.C. Appendix 3; or (ii) by U.S.                     Domestic Like Product, as defined by
                                                    substantially in the corresponding                      government employees and contract                      the Commission in its original
                                                    underlying original investigation or an                 personnel, solely for cybersecurity                    investigations and subsequent reviews,
                                                    earlier review of the same underlying                   purposes. All contract personnel will                  and for each of the products identified
                                                    investigation. The Commission’s                         sign appropriate nondisclosure                         by Commerce as Subject Merchandise.
                                                    designated agency ethics official has                   agreements.                                            As used below, the term ‘‘firm’’ includes
                                                    advised that a five-year review is not the                 Written submissions.—Pursuant to                    any related firms.
                                                    same particular matter as the underlying                section 207.61 of the Commission’s                        (1) The name and address of your firm
                                                    original investigation, and a five-year                 rules, each interested party response to               or entity (including World Wide Web
                                                    review is not the same particular matter                this notice must provide the information               address) and name, telephone number,
                                                    as an earlier review of the same                        specified below. The deadline for filing               fax number, and Email address of the
                                                    underlying investigation for purposes of                such responses is August 1, 2016.                      certifying official.
                                                    18 U.S.C. 207, the post employment                      Pursuant to section 207.62(b) of the                      (2) A statement indicating whether
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                                                    statute for Federal employees, and                      Commission’s rules, eligible parties (as               your firm/entity is an interested party
                                                    Commission rule 201.15(b) (19 CFR                       specified in Commission rule                           under 19 U.S.C. 1677(9) and if so, how,
                                                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 207.62(b)(1)) may also file comments                   including whether your firm/entity is a
                                                    73 FR 24609 (May 5, 2008).                              concerning the adequacy of responses to                U.S. producer of the Domestic Like
                                                    Consequently, former employees are not                  the notice of institution and whether the              Product, a U.S. union or worker group,
                                                    required to seek Commission approval                    Commission should conduct expedited                    a U.S. importer of the Subject
                                                    to appear in a review under Commission                  or full reviews. The deadline for filing               Merchandise, a foreign producer or
                                                    rule 19 CFR 201.15, even if the                         such comments is September 14, 2016.                   exporter of the Subject Merchandise, a


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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                           43237

                                                    U.S. or foreign trade or business                       Like Product accounted for by your                     product during calendar year 2015
                                                    association (a majority of whose                        firm’s(s’) production;                                 (report quantity data in units and value
                                                    members are interested parties under                       (b) Capacity (quantity) of your firm to             data in U.S. dollars, landed and duty-
                                                    the statute), 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
                                                    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;
                                                       (4) A statement of the likely effects of                (c) the quantity and value of U.S.                     (b) Capacity (quantity) of your firm(s)
                                                    the revocation of the antidumping duty                  commercial shipments of the Domestic                   to produce the Subject Merchandise in
                                                    order on the Domestic Industry in                       Like Product produced in your U.S.                     the Subject Country (i.e., the level of
                                                    general and/or your firm/entity                         plant(s);                                              production that your establishment(s)
                                                    specifically. In your response, please                     (d) the quantity and value of U.S.                  could reasonably have expected to
                                                    discuss the various factors specified in                internal consumption/company                           attain during the year, assuming normal
                                                    section 752(a) of the Act (19 U.S.C.                    transfers of the Domestic Like Product                 operating conditions (using equipment
                                                    1675a(a)) including the likely volume of                produced in your U.S. plant(s); and                    and machinery in place and ready to
                                                    subject imports, likely price effects of                   (e) the value of (i) net sales, (ii) cost           operate), normal operating levels (hours
                                                    subject imports, and likely impact of                   of goods sold (COGS), (iii) gross profit,              per week/weeks per year), time for
                                                    imports of Subject Merchandise on the                   (iv) selling, general and administrative               downtime, maintenance, repair, and
                                                    Domestic Industry.                                      (SG&A) expenses, and (v) operating                     cleanup, and a typical or representative
                                                       (5) A list of all known and currently                income of the Domestic Like Product                    product mix); and
                                                    operating U.S. producers of the                         produced in your U.S. plant(s) (include                   (c) the quantity and value of your
                                                    Domestic Like Product. Identify any                     both U.S. and export commercial sales,                 firm’s(s’) exports to the United States of
                                                    known related parties and the nature of                 internal consumption, and company                      Subject Merchandise and, if known, an
                                                    the relationship as defined in section                  transfers) for your most recently                      estimate of the percentage of total
                                                    771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date               exports to the United States of Subject
                                                    1677(4)(B)).                                            on which your fiscal year ends).                       Merchandise from the Subject Country
                                                       (6) A list of all known and currently                   (10) If you are a U.S. importer or a                accounted for by your firm’s(s’) exports.
                                                    operating U.S. importers of the Subject                 trade/business association of U.S.                        (12) Identify significant changes, if
                                                    Merchandise and producers of the                        importers of the Subject Merchandise                   any, in the supply and demand
                                                    Subject Merchandise in the Subject                      from the Subject Country, provide the                  conditions or business cycle for the
                                                    Country that currently export or have                   following information on your firm’s(s’)               Domestic Like Product that have
                                                    exported Subject Merchandise to the                     operations on that product during                      occurred in the United States or in the
                                                    United States or other countries after                  calendar year 2015 (report quantity data               market for the Subject Merchandise in
                                                    2010.                                                   in units and value data in U.S. dollars).              the Subject Country after 2010, and
                                                       (7) A list of 3–5 leading purchasers in              If you are a trade/business association,               significant changes, if any, that are
                                                    the U.S. market for the Domestic Like                   provide the information, on an aggregate               likely to occur within a reasonably
                                                    Product and the Subject Merchandise                     basis, for the firms which are members                 foreseeable time. Supply conditions to
                                                    (including street address, World Wide                   of your association.                                   consider include technology;
                                                    Web address, and the name, telephone                       (a) The quantity and value (landed,                 production methods; development
                                                    number, fax number, and Email address                   duty-paid but not including                            efforts; ability to increase production
                                                    of a responsible official at each firm).                antidumping duties) of U.S. imports                    (including the shift of production
                                                       (8) A list of known sources of                       and, if known, an estimate of the                      facilities used for other products and the
                                                    information on national or regional                     percentage of total U.S. imports of                    use, cost, or availability of major inputs
                                                    prices for the Domestic Like Product or                 Subject Merchandise from the Subject                   into production); and factors related to
                                                    the Subject Merchandise in the U.S. or                  Country accounted for by your firm’s(s’)               the ability to shift supply among
                                                    other markets.                                          imports;                                               different national markets (including
                                                       (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.             barriers to importation in foreign
                                                    Domestic Like Product, provide the                      port, including antidumping duties) of                 markets or changes in market demand
                                                    following information on your firm’s                    U.S. commercial shipments of Subject                   abroad). Demand conditions to consider
                                                    operations on that product during                       Merchandise imported from the Subject                  include end uses and applications; the
                                                    calendar year 2015, except as noted                     Country; and                                           existence and availability of substitute
                                                    (report quantity data in units and value                   (c) the quantity and value (f.o.b. U.S.             products; and the level of competition
                                                    data in U.S. dollars, f.o.b. plant). If you             port, including antidumping duties) of                 among the Domestic Like Product
                                                    are a union/worker group or trade/                      U.S. internal consumption/company                      produced in the United States, Subject
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                                                    business association, provide the                       transfers of Subject Merchandise                       Merchandise produced in the Subject
                                                    information, on an aggregate basis, for                 imported from the Subject Country.                     Country, and such merchandise from
                                                    the firms in which your workers are                        (11) If you are a producer, an exporter,            other countries.
                                                    employed/which are members of your                      or a trade/business association of                        (13) (Optional) A statement of
                                                    association.                                            producers or exporters of the Subject                  whether you agree with the above
                                                       (a) Production (quantity) and, if                    Merchandise in the Subject Country,                    definitions of the Domestic Like Product
                                                    known, an estimate of the percentage of                 provide the following information on                   and Domestic Industry; if you disagree
                                                    total U.S. production of the Domestic                   your firm’s(s’) operations on that                     with either or both of these definitions,


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                                                    43238                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    please explain why and provide                           205–1810. Persons with mobility                       scope of the five-year reviews, as
                                                    alternative definitions.                                 impairments who will need special                     defined by the Department of
                                                      Authority: This proceeding is being                    assistance in gaining access to the                   Commerce.
                                                    conducted under authority of Title VII of the            Commission should contact the Office                     (2) The Subject Countries in these
                                                    Tariff Act of 1930; this notice is published             of the Secretary at 202–205–2000.                     reviews are Japan, Korea, and Taiwan.
                                                    pursuant to section 207.61 of the                        General information concerning the                       (3) The Domestic Like Product is the
                                                    Commission’s rules.                                      Commission may also be obtained by                    domestically produced product or
                                                      By order of the Commission.                            accessing its internet server (http://                products which are like, or in the
                                                                                                             www.usitc.gov). The public record for                 absence of like, most similar in
                                                      Issued: June 24, 2016.
                                                                                                             this proceeding may be viewed on the                  characteristics and uses with, the
                                                    Lisa R. Barton,                                                                                                Subject Merchandise. In its original and
                                                                                                             Commission’s electronic docket (EDIS)
                                                    Secretary to the Commission.                                                                                   full first and second five-year review
                                                                                                             at http://edis.usitc.gov.
                                                    [FR Doc. 2016–15374 Filed 6–30–16; 8:45 am]                                                                    determinations, the Commission found
                                                                                                             SUPPLEMENTARY INFORMATION:
                                                    BILLING CODE 7020–02–P                                                                                         the Domestic Like Product to be
                                                                                                                Background.—On July 27, 1999, the
                                                                                                                                                                   stainless steel sheet and strip in coils
                                                                                                             Department of Commerce issued
                                                                                                                                                                   corresponding to the scope of the
                                                    INTERNATIONAL TRADE                                      antidumping duty orders on imports of
                                                                                                                                                                   subject merchandise.
                                                    COMMISSION                                               stainless steel sheet and strip in coils                 (4) The Domestic Industry is the U.S.
                                                                                                             from Japan, Korea, and Taiwan (64 FR                  producers as a whole of the Domestic
                                                    [Investigation Nos. 701–TA–382 and 731–                  40555 and 40565). On August 6, 1999,
                                                    TA–800, 801, and 803 (Third Review)]                                                                           Like Product, or those producers whose
                                                                                                             Commerce issued an countervailing                     collective output of the Domestic Like
                                                                                                             duty order on imports of stainless steel              Product constitutes a major proportion
                                                    Stainless Steel Sheet and Strip From
                                                                                                             sheet and strip in coils from Korea (64               of the total domestic production of the
                                                    Japan, Korea, and Taiwan; Institution
                                                                                                             FR 42923). Following five-year reviews                product. In its original and full first and
                                                    of Five-Year Reviews
                                                                                                             by Commerce and the Commission,                       second five-year review determinations,
                                                    AGENCY: United States International                      effective July 25, 2005, Commerce                     the Commission defined the Domestic
                                                    Trade Commission.                                        issued a continuation of the                          Industry as all producers of stainless
                                                    ACTION: Notice.                                          countervailing duty order on stainless                steel sheet and strip in coils.
                                                                                                             steel sheet and strip in coils from Korea                (5) An Importer is any person or firm
                                                    SUMMARY:    The Commission hereby gives                  and the antidumping duty orders on                    engaged, either directly or through a
                                                    notice that it has instituted reviews                    stainless steel sheet and strip in coils              parent company or subsidiary, in
                                                    pursuant to the Tariff Act of 1930 (‘‘the                from Japan, Korea, and Taiwan (70 FR                  importing the Subject Merchandise into
                                                    Act’’), as amended, to determine                         44886, August 4, 2005). Following the                 the United States from a foreign
                                                    whether revocation of the                                second five-year reviews by Commerce                  manufacturer or through its selling
                                                    countervailing duty order on imports of                  and the Commission, effective August                  agent.
                                                    stainless steel sheet and strip from                     11, 2011, Commerce issued a                              Participation in the proceeding and
                                                    Korea and the antidumping duty orders                    continuation of the countervailing duty               public service list.—Persons, including
                                                    on imports of stainless steel sheet and                  order on stainless steel sheet and strip              industrial users of the Subject
                                                    strip from Japan, Korea, and Taiwan                      in coils from Korea and the                           Merchandise and, if the merchandise is
                                                    would be likely to lead to continuation                  antidumping duty orders on stainless                  sold at the retail level, representative
                                                    or recurrence of material injury.                        steel sheet and strip in coils from Japan,            consumer organizations, wishing to
                                                    Pursuant to the Act, interested parties                  Korea, and Taiwan (76 FR 49726). The                  participate in the proceeding as parties
                                                    are requested to respond to this notice                  Commission is now conducting third                    must file an entry of appearance with
                                                    by submitting the information specified                  reviews pursuant to section 751(c) of the             the Secretary to the Commission, as
                                                    below to the Commission; 1 to be                         Act, as amended (19 U.S.C. 1675(c)), to               provided in section 201.11(b)(4) of the
                                                    assured of consideration, the deadline                   determine whether revocation of the                   Commission’s rules, no later than 21
                                                    for responses is August 1, 2016.                         orders would be likely to lead to                     days after publication of this notice in
                                                    Comments on the adequacy of responses                    continuation or recurrence of material                the Federal Register. The Secretary will
                                                    may be filed with the Commission by                      injury to the domestic industry within                maintain a public service list containing
                                                    September 14, 2016.                                      a reasonably foreseeable time.                        the names and addresses of all persons,
                                                    DATES: Effective Date: July 1, 2016.                     Provisions concerning the conduct of                  or their representatives, who are parties
                                                    FOR FURTHER INFORMATION CONTACT:                         this proceeding may be found in the                   to the proceeding.
                                                    Mary Messer (202–205–3193), Office of                    Commission’s Rules of Practice and                       Former Commission employees who
                                                    Investigations, U.S. International Trade                 Procedure at 19 CFR parts 201, Subparts               are seeking to appear in Commission
                                                    Commission, 500 E Street SW.,                            A and B and 19 CFR part 207, subparts                 five-year reviews are advised that they
                                                    Washington, DC 20436. Hearing-                           A and F. The Commission will assess                   may appear in a review even if they
                                                    impaired persons can obtain                              the adequacy of interested party                      participated personally and
                                                    information on this matter by contacting                 responses to this notice of institution to            substantially in the corresponding
                                                    the Commission’s TDD terminal on 202–                    determine whether to conduct full or                  underlying original investigation or an
                                                                                                             expedited reviews. The Commission’s                   earlier review of the same underlying
                                                                                                             determinations in any expedited                       investigation. The Commission’s
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                                                      1 No response to this request for information is

                                                    required if a currently valid Office of Management       reviews will be based on the facts                    designated agency ethics official has
                                                    and Budget (OMB) number is not displayed; the
                                                    OMB number is 3117–0016/USITC No. 16–5–362,
                                                                                                             available, which may include                          advised that a five-year review is not the
                                                    expiration date June 30, 2017. Public reporting          information provided in response to this              same particular matter as the underlying
                                                    burden for the request is estimated to average 15        notice.                                               original investigation, and a five-year
                                                    hours per response. Please send comments                    Definitions.—The following                         review is not the same particular matter
                                                    regarding the accuracy of this burden estimate to
                                                    the Office of Investigations, U.S. International Trade
                                                                                                             definitions apply to these reviews:                   as an earlier review of the same
                                                    Commission, 500 E Street SW., Washington, DC                (1) Subject Merchandise is the class or            underlying investigation for purposes of
                                                    20436.                                                   kind of merchandise that is within the                18 U.S.C. 207, the post employment


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Document Created: 2016-07-14 11:37:07
Document Modified: 2016-07-14 11:37:07
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 43235 

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