81_FR_43365 81 FR 43238 - Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan; Institution of Five-Year Reviews

81 FR 43238 - Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range43238-43240
FR Document2016-15369

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 countervailing duty order on imports of stainless steel sheet and strip from Korea and the antidumping duty orders on imports of stainless steel sheet and strip from Japan, Korea, and Taiwan 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 43238-43240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15369]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-382 and 731-TA-800, 801, and 803 (Third 
Review)]


Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan; 
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 countervailing duty order on 
imports of stainless steel sheet and strip from Korea and the 
antidumping duty orders on imports of stainless steel sheet and strip 
from Japan, Korea, and Taiwan 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. 16-5-362, 
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 July 27, 1999, the Department of Commerce issued 
antidumping duty orders on imports of stainless steel sheet and strip 
in coils from Japan, Korea, and Taiwan (64 FR 40555 and 40565). On 
August 6, 1999, Commerce issued an countervailing duty order on imports 
of stainless steel sheet and strip in coils from Korea (64 FR 42923). 
Following five-year reviews by Commerce and the Commission, effective 
July 25, 2005, Commerce issued a continuation of the countervailing 
duty order on stainless steel sheet and strip in coils from Korea and 
the antidumping duty orders on stainless steel sheet and strip in coils 
from Japan, Korea, and Taiwan (70 FR 44886, August 4, 2005). Following 
the second five-year reviews by Commerce and the Commission, effective 
August 11, 2011, Commerce issued a continuation of the countervailing 
duty order on stainless steel sheet and strip in coils from Korea and 
the antidumping duty orders on stainless steel sheet and strip in coils 
from Japan, Korea, and Taiwan (76 FR 49726). The Commission is now 
conducting third reviews pursuant to section 751(c) of the Act, as 
amended (19 U.S.C. 1675(c)), to determine whether revocation of the 
orders would be likely to lead to continuation or recurrence of 
material injury to the domestic industry within a reasonably 
foreseeable time. Provisions concerning the conduct of this proceeding 
may be found in the Commission's Rules of Practice and Procedure at 19 
CFR parts 201, Subparts A and B and 19 CFR part 207, subparts A and F. 
The Commission will assess the adequacy of interested party responses 
to this notice of institution to determine whether to conduct full or 
expedited reviews. The Commission's determinations in any expedited 
reviews will be based on the facts available, which may include 
information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Japan, Korea, and 
Taiwan.
    (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 
and full first and second five-year review determinations, the 
Commission found the Domestic Like Product to be stainless steel sheet 
and strip in coils corresponding to the scope of the subject 
merchandise.
    (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 and full first and 
second five-year review determinations, the Commission defined the 
Domestic Industry as all producers of stainless steel sheet and strip 
in coils.
    (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

[[Page 43239]]

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: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is 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 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 and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 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

[[Page 43240]]

(report quantity data in short tons and value data in U.S. dollars, 
f.o.b. plant). If you are a union/worker group or trade/business 
association, provide the information, on an aggregate basis, for the 
firms in which your workers are employed/which are members of your 
association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 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 each Subject Country, and such merchandise from other 
countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

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

    By order of the Commission.

    Issued: June 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15369 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    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
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      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


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1


                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                            43239

                                                    statute for Federal employees, and                      Commission’s rules, eligible parties (as               fax number, and Email address of the
                                                    Commission rule 201.15(b) (19 CFR                       specified in Commission rule                           certifying official.
                                                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 207.62(b)(1)) may also file comments                      (2) A statement indicating whether
                                                    73 FR 24609 (May 5, 2008).                              concerning the adequacy of responses to                your firm/entity is an interested party
                                                    Consequently, former employees are not                  the notice of institution and whether the              under 19 U.S.C. 1677(9) and if so, how,
                                                    required to seek Commission approval                    Commission should conduct expedited                    including whether your firm/entity is a
                                                    to appear in a review under Commission                  or full reviews. The deadline for filing               U.S. producer of the Domestic Like
                                                    rule 19 CFR 201.15, even if the                         such comments is September 14, 2016.                   Product, a U.S. union or worker group,
                                                    corresponding underlying original                       All written submissions must conform                   a U.S. importer of the Subject
                                                    investigation or an earlier review of the               with the provisions of section 201.8 of                Merchandise, a foreign producer or
                                                    same underlying investigation was                       the Commission’s rules; any                            exporter of the Subject Merchandise, a
                                                    pending when they were Commission                       submissions that contain BPI must also                 U.S. or foreign trade or business
                                                    employees. For further ethics advice on                 conform with the requirements of                       association (a majority of whose
                                                    this matter, contact Carol McCue                        sections 201.6, 207.3, and 207.7 of the                members are interested parties under
                                                    Verratti, Deputy Agency Ethics Official,                Commission’s rules. The Commission’s                   the statute), or another interested party
                                                    at 202–205–3088.                                        Handbook on E-Filing, available on the                 (including an explanation). If you are a
                                                       Limited disclosure of business                       Commission’s Web site at http://                       union/worker group or trade/business
                                                    proprietary information (BPI) under an                  edis.usitc.gov, elaborates upon the                    association, identify the firms in which
                                                    administrative protective order (APO)                   Commission’s rules with respect to                     your workers are employed or which are
                                                    and APO service list.—Pursuant to                       electronic filing. Also, in accordance                 members of your association.
                                                    section 207.7(a) of the Commission’s                    with sections 201.16(c) and 207.3 of the                  (3) A statement indicating whether
                                                    rules, the Secretary will make BPI                      Commission’s rules, each document                      your firm/entity is willing to participate
                                                    submitted in this proceeding available                  filed by a party to the proceeding must                in this proceeding by providing
                                                    to authorized applicants under the APO                  be served on all other parties to the                  information requested by the
                                                    issued in the proceeding, provided that                 proceeding (as identified by either the                Commission.
                                                    the application is made no later than 21                public or APO service list as                             (4) A statement of the likely effects of
                                                    days after publication of this notice in                appropriate), and a certificate of service             the revocation of the antidumping and
                                                    the Federal Register. Authorized                        must accompany the document (if you                    countervailing duty orders on the
                                                    applicants must represent interested                    are not a party to the proceeding you do               Domestic Industry in general and/or
                                                    parties, as defined in 19 U.S.C. 1677(9),               not need to serve your response).                      your firm/entity specifically. In your
                                                    who are parties to the proceeding. A                       Inability to provide requested                      response, please discuss the various
                                                    separate service list will be maintained                information.—Pursuant to section                       factors specified in section 752(a) of the
                                                    by the Secretary for those parties                      207.61(c) of the Commission’s rules, any               Act (19 U.S.C. 1675a(a)) including the
                                                    authorized to receive BPI under the                     interested party that cannot furnish the               likely volume of subject imports, likely
                                                    APO.                                                    information requested by this notice in                price effects of subject imports, and
                                                       Certification.—Pursuant to section                   the requested form and manner shall                    likely impact of imports of Subject
                                                    207.3 of the Commission’s rules, any                    notify the Commission at the earliest                  Merchandise on the Domestic Industry.
                                                    person submitting information to the                    possible time, provide a full explanation                 (5) A list of all known and currently
                                                    Commission in connection with this                      of why it cannot provide the requested                 operating U.S. producers of the
                                                    proceeding must certify that the                        information, and indicate alternative                  Domestic Like Product. Identify any
                                                    information is accurate and complete to                 forms in which it can provide                          known related parties and the nature of
                                                    the best of the submitter’s knowledge. In               equivalent information. If an interested               the relationship as defined in section
                                                    making the certification, the submitter                 party does not provide this notification               771(4)(B) of the Act (19 U.S.C.
                                                    will acknowledge that information                       (or the Commission finds the                           1677(4)(B)).
                                                    submitted in response to this request for               explanation provided in the notification                  (6) A list of all known and currently
                                                    information and throughout this                         inadequate) and fails to provide a                     operating U.S. importers of the Subject
                                                    proceeding or other proceeding may be                   complete response to this notice, the                  Merchandise and producers of the
                                                    disclosed to and used: (i) By the                       Commission may take an adverse                         Subject Merchandise in each Subject
                                                    Commission, its employees and Offices,                  inference against the party pursuant to                Country that currently export or have
                                                    and contract personnel (a) for                          section 776(b) of the Act (19 U.S.C.                   exported Subject Merchandise to the
                                                    developing or maintaining the records                   1677e(b)) in making its determinations                 United States or other countries after
                                                    of this or a related proceeding, or (b) in              in the reviews.                                        2010.
                                                    internal investigations, audits, reviews,                  Information To Be Provided In                          (7) A list of 3–5 leading purchasers in
                                                    and evaluations relating to the                         Response to This Notice of Institution: If             the U.S. market for the Domestic Like
                                                    programs, personnel, and operations of                  you are a domestic producer, union/                    Product and the Subject Merchandise
                                                    the Commission including under 5                        worker group, or trade/business                        (including street address, World Wide
                                                    U.S.C. Appendix 3; or (ii) by U.S.                      association; import/export Subject                     Web address, and the name, telephone
                                                    government employees and contract                       Merchandise from more than one                         number, fax number, and Email address
                                                    personnel, solely for cybersecurity                     Subject Country; or produce Subject                    of a responsible official at each firm).
                                                    purposes. All contract personnel will                   Merchandise in more than one Subject                      (8) A list of known sources of
                                                    sign appropriate nondisclosure                          Country, you may file a single response.               information on national or regional
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                                                    agreements.                                             If you do so, please ensure that your                  prices for the Domestic Like Product or
                                                       Written submissions.—Pursuant to                     response to each question includes the                 the Subject Merchandise in the U.S. or
                                                    section 207.61 of the Commission’s                      information requested for each pertinent               other markets.
                                                    rules, each interested party response to                Subject Country. As used below, the                       (9) If you are a U.S. producer of the
                                                    this notice must provide the information                term ‘‘firm’’ includes any related firms.              Domestic Like Product, provide the
                                                    specified below. The deadline for filing                   (1) The name and address of your firm               following information on your firm’s
                                                    such responses is August 1, 2016.                       or entity (including World Wide Web                    operations on that product during
                                                    Pursuant to section 207.62(b) of the                    address) and name, telephone number,                   calendar year 2015, except as noted


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                                                    43240                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    (report quantity data in short tons and                 Merchandise imported from each                         markets or changes in market demand
                                                    value data in U.S. dollars, f.o.b. plant).              Subject Country; and                                   abroad). Demand conditions to consider
                                                    If you are a union/worker group or                         (c) the quantity and value (f.o.b. U.S.             include end uses and applications; the
                                                    trade/business association, provide the                 port, including antidumping and/or                     existence and availability of substitute
                                                    information, on an aggregate basis, for                 countervailing duties) of U.S. internal                products; and the level of competition
                                                    the firms in which your workers are                     consumption/company transfers of                       among the Domestic Like Product
                                                    employed/which are members of your                      Subject Merchandise imported from                      produced in the United States, Subject
                                                    association.                                            each Subject Country.                                  Merchandise produced in each Subject
                                                       (a) Production (quantity) and, if                       (11) If you are a producer, an exporter,            Country, and such merchandise from
                                                    known, an estimate of the percentage of                 or a trade/business association of                     other countries.
                                                    total U.S. production of the Domestic                   producers or exporters of the Subject                     (13) (Optional) A statement of
                                                    Like Product accounted for by your                      Merchandise in any Subject Country,                    whether you agree with the above
                                                    firm’s(s’) production;                                  provide the following information on                   definitions of the Domestic Like Product
                                                       (b) Capacity (quantity) of your firm to              your firm’s(s’) operations on that                     and Domestic Industry; if you disagree
                                                    produce the Domestic Like Product (i.e.,                product during calendar year 2015                      with either or both of these definitions,
                                                    the level of production that your                       (report quantity data in short tons and                please explain why and provide
                                                    establishment(s) could reasonably have                  value data in U.S. dollars, landed and                 alternative definitions.
                                                    expected to attain during the year,                     duty-paid at the U.S. port but not
                                                                                                            including antidumping or                                 Authority: This proceeding is being
                                                    assuming normal operating conditions                                                                           conducted under authority of Title VII of the
                                                    (using equipment and machinery in                       countervailing duties). If you are a                   Tariff Act of 1930; this notice is published
                                                    place and ready to operate), normal                     trade/business association, provide the                pursuant to section 207.61 of the
                                                    operating levels (hours per week/weeks                  information, on an aggregate basis, for                Commission’s rules.
                                                    per year), time for downtime,                           the firms which are members of your
                                                                                                                                                                     By order of the Commission.
                                                    maintenance, repair, and cleanup, and a                 association.
                                                                                                               (a) Production (quantity) and, if                     Issued: June 24, 2016.
                                                    typical or representative product mix);                                                                        Lisa R. Barton,
                                                                                                            known, an estimate of the percentage of
                                                       (c) the quantity and value of U.S.                   total production of Subject Merchandise                Secretary to the Commission.
                                                    commercial shipments of the Domestic                    in each Subject Country accounted for                  [FR Doc. 2016–15369 Filed 6–30–16; 8:45 am]
                                                    Like Product produced in your U.S.                      by your firm’s(s’) production;                         BILLING CODE 7020–02–P
                                                    plant(s);                                                  (b) Capacity (quantity) of your firm(s)
                                                       (d) the quantity and value of U.S.                   to produce the Subject Merchandise in
                                                    internal consumption/company                            each Subject Country (i.e., the level of               INTERNATIONAL TRADE
                                                    transfers of the Domestic Like Product                  production that your establishment(s)                  COMMISSION
                                                    produced in your U.S. plant(s); and                     could reasonably have expected to
                                                       (e) the value of (i) net sales, (ii) cost                                                                   [Investigation No. 337–TA–928;
                                                                                                            attain during the year, assuming normal
                                                    of goods sold (COGS), (iii) gross profit,                                                                      Investigation No. 337–TA–937
                                                                                                            operating conditions (using equipment                  (Consolidated)]
                                                    (iv) selling, general and administrative                and machinery in place and ready to
                                                    (SG&A) expenses, and (v) operating                      operate), normal operating levels (hours               Certain Windshield Wipers and
                                                    income of the Domestic Like Product                     per week/weeks per year), time for                     Components Thereof; Commission
                                                    produced in your U.S. plant(s) (include                 downtime, maintenance, repair, and                     Determination To Grant the Joint
                                                    both U.S. and export commercial sales,                  cleanup, and a typical or representative               Motion To Terminate the Investigation
                                                    internal consumption, and company                       product mix); and                                      on the Basis of a Settlement
                                                    transfers) for your most recently                          (c) the quantity and value of your                  Agreement; Termination of
                                                    completed fiscal year (identify the date                firm’s(s’) exports to the United States of             Investigation
                                                    on which your fiscal year ends).                        Subject Merchandise and, if known, an
                                                       (10) If you are a U.S. importer or a                 estimate of the percentage of total                    AGENCY: U.S. International Trade
                                                    trade/business association of U.S.                      exports to the United States of Subject                Commission.
                                                    importers of the Subject Merchandise                    Merchandise from each Subject Country                  ACTION: Notice.
                                                    from any Subject Country, provide the                   accounted for by your firm’s(s’) exports.
                                                    following information on your firm’s(s’)                   (12) Identify significant changes, if               SUMMARY:   Notice is hereby given that
                                                    operations on that product during                       any, in the supply and demand                          the U.S. International Trade
                                                    calendar year 2015 (report quantity data                conditions or business cycle for the                   Commission has determined to grant the
                                                    in short tons and value data in U.S.                    Domestic Like Product that have                        joint motion to terminate the above-
                                                    dollars). If you are a trade/business                   occurred in the United States or in the                referenced investigation based on a
                                                    association, provide the information, on                market for the Subject Merchandise in                  settlement agreement.
                                                    an aggregate basis, for the firms which                 each Subject Country after 2010, and                   FOR FURTHER INFORMATION CONTACT:
                                                    are members of your association.                        significant changes, if any, that are                  Michael Liberman, Esq., Office of the
                                                       (a) The quantity and value (landed,                  likely to occur within a reasonably                    General Counsel, U.S. International
                                                    duty-paid but not including                             foreseeable time. Supply conditions to                 Trade Commission, 500 E Street SW.,
                                                    antidumping or countervailing duties)                   consider include technology;                           Washington, DC 20436, telephone (202)
                                                    of U.S. imports and, if known, an                       production methods; development                        205–3115. Copies of non-confidential
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                                                    estimate of the percentage of total U.S.                efforts; ability to increase production                documents filed in connection with this
                                                    imports of Subject Merchandise from                     (including the shift of production                     investigation are or will be available for
                                                    each Subject Country accounted for by                   facilities used for other products and the             inspection during official business
                                                    your firm’s(s’) imports;                                use, cost, or availability of major inputs             hours (8:45 a.m. to 5:15 p.m.) in the
                                                       (b) the quantity and value (f.o.b. U.S.              into production); and factors related to               Office of the Secretary, U.S.
                                                    port, including antidumping and/or                      the ability to shift supply among                      International Trade Commission, 500 E
                                                    countervailing duties) of U.S.                          different national markets (including                  Street SW., Washington, DC 20436,
                                                    commercial shipments of Subject                         barriers to importation in foreign                     telephone (202) 205–2000. General


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Document Created: 2016-07-14 11:37:10
Document Modified: 2016-07-14 11:37:10
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 43238 

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