81 FR 50544 - Certain Polyester Staple Fiber From Korea and Taiwan: Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range		50544-50547
FR Document		2016-17660
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 certain polyester staple fiber from 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.
Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50544-50547]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17660]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-825-826 (Third Review)]


Certain Polyester Staple Fiber From 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 antidumping duty orders on 
certain polyester staple fiber from 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.

DATES: Effective August 1, 2016. To be assured of consideration, the 
deadline for responses is August 31, 2016. Comments on the adequacy of 
responses may be filed with the Commission by October 14, 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 May 25, 2000, the Department of Commerce (Commerce) 
issued antidumping duty orders on imports of certain polyester staple 
fiber from Korea and Taiwan (65 FR 33807). Following first five-year 
reviews by Commerce and the Commission, effective April 3, 2006, 
Commerce issued a continuation of the antidumping duty orders on 
imports of certain polyester staple fiber from Korea and Taiwan (71 FR 
16558). Following second five-year reviews by Commerce and the 
Commission, effective September 30, 2011, Commerce issued a 
continuation of antidumping duty orders on imports of certain polyester 
staple fiber from Korea and Taiwan (76 FR 60802). 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 Korea and Taiwan.
    (3) The Domestic Like Product is the domestically produced product 
or

[[Page 50545]]

products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission found that there were two Domestic Like 
Products corresponding to (1) low-melt fiber and (2) conventional 
polyester staple fiber (all subject polyester staple fiber except for 
low-melt fiber). However, the Commission made a negative determination 
with respect to low-melt fiber. One Commissioner defined the Domestic 
Like Product differently in the original determinations. In its full 
first five-year review determinations and its expedited second five-
year review determinations, the Commission defined the Domestic Like 
Product to be all certain conventional polyester staple fiber, 
coextensive with the scope of the orders under review.
    (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, the 
Commission defined two Domestic Industries: (1) All domestic producers 
of low-melt fiber and (2) all domestic producers of conventional 
polyester staple fiber. However, the Commission made a negative 
determination with respect to low-melt fiber in the original 
investigations. One Commissioner defined the Domestic Industry 
differently in the original determinations. In its full first five-year 
review determinations and its expedited second five-year review 
determinations, the Commission defined the Domestic Industry as all 
domestic producers of certain conventional polyester staple fiber, 
coextensive with the scope of the orders under review.
    (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 Sec.  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 at Sec.  
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 Sec.  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 Sec.  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 Sec.  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 31, 2016. Pursuant to Sec.  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 October 14, 
2016. All written submissions must conform with the provisions of Sec.  
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of Sec. Sec.  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 Sec. Sec.  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).
    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. 16-5-364, 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.
    Inability to provide requested information: Pursuant to Sec.  
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

[[Page 50546]]

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 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 (report quantity 
data in pounds and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (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 pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
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 each 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 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 pounds and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in 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

[[Page 50547]]

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 Sec.  207.61 of the Commission's rules.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17660 Filed 7-29-16; 8:45 am]
 BILLING CODE 7020-02-P
50544 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices

2014; 79 FR 43504). The draft amended should be aware that your entire impaired persons can obtain
ICP was made available for comment on comment—including your personal information on this matter by contacting
March 8, 2016 (81 FR 12113), and identifying information—may be made the Commission’s TDD terminal on 202–
approved on April 13, 2016. The ICP publicly available at any time. While 205–1810. Persons with mobility
and the associated environmental you can request in your comment that impairments who will need special
assessment/finding of no significant we withhold your personal identifying assistance in gaining access to the
impact are available on the Web site at information from public review, we Commission should contact the Office
http://www.fws.gov/southwest/es/ cannot guarantee that we will be able to of the Secretary at 202–205–2000.
oklahoma/ABBICP. However, we are no do so. We will not consider anonymous General information concerning the
longer taking comments on these comments. All submissions from Commission may also be obtained by
finalized, approved documents. organizations or businesses, and from accessing its internet server (http://
individuals identifying themselves as www.usitc.gov). The public record for
Applications Available for Review and
representatives or officials of this proceeding may be viewed on the
Comment
organizations or businesses, will be Commission’s electronic docket (EDIS)
We invite local, State, Tribal, and made available for public disclosure in at http://edis.usitc.gov.
Federal agencies, and the public to their entirety. SUPPLEMENTARY INFORMATION:
comment on the following applications Background: On May 25, 2000, the
under the ICP, for incidental take of the Authority
Department of Commerce (Commerce)
federally listed ABB. Please refer to the We provide this notice under section issued antidumping duty orders on
appropriate permit number (e.g., TE– 10(c) of the Act (16 U.S.C. 1531 et seq.) imports of certain polyester staple fiber
123456) when requesting application and its implementing regulations (50 from Korea and Taiwan (65 FR 33807).
documents and when submitting CFR 17.22) and the National Following first five-year reviews by
comments. Documents and other Environmental Policy Act (42 U.S.C. Commerce and the Commission,
information the applicants have 4321 et seq.) and its implementing effective April 3, 2006, Commerce
submitted with their applications are regulations (40 CFR 1506.6). issued a continuation of the
available for review, subject to the Joy E. Nicholopoulos, antidumping duty orders on imports of
requirements of the Privacy Act (5 certain polyester staple fiber from Korea
Acting Regional Director, Southwest Region.
U.S.C. 552a) and Freedom of and Taiwan (71 FR 16558). Following
[FR Doc. 2016–18184 Filed 7–29–16; 8:45 am]
Information Act (5 U.S.C. 552). second five-year reviews by Commerce
BILLING CODE 4333–15–P
Permit TE51880B and the Commission, effective
September 30, 2011, Commerce issued a
Applicant: LINN Operating, Inc.,
INTERNATIONAL TRADE continuation of antidumping duty
Oklahoma City, OK.
Applicant requests an amended COMMISSION orders on imports of certain polyester
permit for oil and gas upstream and staple fiber from Korea and Taiwan (76
[Investigation Nos. 731–TA–825–826 (Third FR 60802). The Commission is now
midstream production, including Review)]
geophysical exploration (seismic) and conducting third reviews pursuant to
construction, maintenance, operation, section 751(c) of the Act, as amended
Certain Polyester Staple Fiber From
repair, and decommissioning of oil and (19 U.S.C. 1675(c)), to determine
Korea and Taiwan: Institution of Five-
gas well field infrastructure, as well as whether revocation of the orders would
Year Reviews
construction, maintenance, operation, be likely to lead to continuation or
repair, decommissioning, and AGENCY: United States International recurrence of material injury to the
reclamation of oil and gas gathering, Trade Commission. domestic industry within a reasonably
transmission, and distribution pipeline ACTION: Notice. foreseeable time. Provisions concerning
infrastructure within Oklahoma. the conduct of this proceeding may be
SUMMARY: The Commission hereby gives found in the Commission’s Rules of
Permit TE54740B notice that it has instituted reviews Practice and Procedure at 19 CFR parts
pursuant to the Tariff Act of 1930 (‘‘the 201, subparts A and B and 19 CFR part
Applicant: Newfield Exploration Mid-
Act’’), as amended, to determine 207, subparts A and F. The Commission
Continent, Inc., Tulsa, OK.
Applicant requests an amended whether revocation of the antidumping will assess the adequacy of interested
permit for oil and gas upstream and duty orders on certain polyester staple party responses to this notice of
midstream production, including fiber from Korea and Taiwan would be institution to determine whether to
geophysical exploration (seismic) and likely to lead to continuation or conduct full or expedited reviews. The
construction, maintenance, operation, recurrence of material injury. Pursuant Commission’s determinations in any
repair, and decommissioning of oil and to the Act, interested parties are expedited reviews will be based on the
gas well field infrastructure, as well as requested to respond to this notice by facts available, which may include
construction, maintenance, operation, submitting the information specified information provided in response to this
repair, decommissioning, and below to the Commission. notice.
reclamation of oil and gas gathering, DATES: Effective August 1, 2016. To be Definitions: The following definitions
transmission, and distribution pipeline assured of consideration, the deadline apply to these reviews:
infrastructure within Oklahoma. for responses is August 31, 2016. (1) Subject Merchandise is the class or
Comments on the adequacy of responses kind of merchandise that is within the
sradovich on DSK3GMQ082PROD with NOTICES

Public Availability of Comments may be filed with the Commission by scope of the five-year reviews, as
Written comments we receive become October 14, 2016. defined by the Department of
part of the public record associated with FOR FURTHER INFORMATION CONTACT: Commerce.
this action. Before including your Mary Messer (202–205–3193), Office of (2) The Subject Countries in these
address, phone number, email address, Investigations, U.S. International Trade reviews are Korea and Taiwan.
or other personal identifying Commission, 500 E Street SW., (3) The Domestic Like Product is the
information in your comment, you Washington, DC 20436. Hearing- domestically produced product or

VerDate Sep<11>2014 20:16 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices 50545

products which are like, or in the the names and addresses of all persons, and contract personnel (a) for
absence of like, most similar in or their representatives, who are parties developing or maintaining the records
characteristics and uses with, the to the proceeding. of this or a related proceeding, or (b) in
Subject Merchandise. In its original Former Commission employees who internal investigations, audits, reviews,
determinations, the Commission found are seeking to appear in Commission and evaluations relating to the
that there were two Domestic Like five-year reviews are advised that they programs, personnel, and operations of
Products corresponding to (1) low-melt may appear in a review even if they the Commission including under 5
fiber and (2) conventional polyester participated personally and U.S.C. Appendix 3; or (ii) by U.S.
staple fiber (all subject polyester staple substantially in the corresponding government employees and contract
fiber except for low-melt fiber). underlying original investigation or an personnel, solely for cybersecurity
However, the Commission made a earlier review of the same underlying purposes. All contract personnel will
negative determination with respect to investigation. The Commission’s sign appropriate nondisclosure
low-melt fiber. One Commissioner designated agency ethics official has agreements.
defined the Domestic Like Product advised that a five-year review is not the Written submissions: Pursuant to
differently in the original same particular matter as the underlying § 207.61 of the Commission’s rules, each
determinations. In its full first five-year original investigation, and a five-year interested party response to this notice
review determinations and its expedited review is not the same particular matter must provide the information specified
second five-year review determinations, as an earlier review of the same below. The deadline for filing such
the Commission defined the Domestic underlying investigation for purposes of responses is August 31, 2016. Pursuant
Like Product to be all certain 18 U.S.C. 207, the post employment to § 207.62(b) of the Commission’s rules,
conventional polyester staple fiber, statute for Federal employees, and eligible parties (as specified in
coextensive with the scope of the orders Commission rule at § 201.15(b) (19 CFR Commission rule 207.62(b)(1)) may also
under review. 201.15(b)), 79 FR 3246 (Jan. 17, 2014), file comments concerning the adequacy
(4) The Domestic Industry is the U.S. 73 FR 24609 (May 5, 2008). of responses to the notice of institution
producers as a whole of the Domestic Consequently, former employees are not and whether the Commission should
Like Product, or those producers whose required to seek Commission approval conduct expedited or full reviews. The
collective output of the Domestic Like to appear in a review under Commission deadline for filing such comments is
Product constitutes a major proportion rule 19 CFR 201.15, even if the October 14, 2016. All written
of the total domestic production of the corresponding underlying original submissions must conform with the
product. In its original determinations, investigation or an earlier review of the provisions of § 201.8 of the
the Commission defined two Domestic same underlying investigation was Commission’s rules; any submissions
Industries: (1) All domestic producers of pending when they were Commission that contain BPI must also conform with
low-melt fiber and (2) all domestic employees. For further ethics advice on the requirements of §§ 201.6, 207.3, and
producers of conventional polyester this matter, contact Carol McCue 207.7 of the Commission’s rules. The
staple fiber. However, the Commission Verratti, Deputy Agency Ethics Official, Commission’s Handbook on E-Filing,
made a negative determination with at 202–205–3088. available on the Commission’s Web site
respect to low-melt fiber in the original Limited disclosure of business at http://edis.usitc.gov, elaborates upon
investigations. One Commissioner proprietary information (BPI) under an the Commission’s rules with respect to
defined the Domestic Industry administrative protective order (APO) electronic filing. Also, in accordance
differently in the original and APO service list: Pursuant to with §§ 201.16(c) and 207.3 of the
determinations. In its full first five-year § 207.7(a) of the Commission’s rules, the Commission’s rules, each document
review determinations and its expedited Secretary will make BPI submitted in filed by a party to the proceeding must
second five-year review determinations, this proceeding available to authorized be served on all other parties to the
the Commission defined the Domestic applicants under the APO issued in the proceeding (as identified by either the
Industry as all domestic producers of proceeding, provided that the public or APO service list as
certain conventional polyester staple application is made no later than 21 appropriate), and a certificate of service
fiber, coextensive with the scope of the days after publication of this notice in must accompany the document (if you
orders under review. the Federal Register. Authorized are not a party to the proceeding you do
(5) An Importer is any person or firm applicants must represent interested not need to serve your response).
engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), No response to this request for
parent company or subsidiary, in who are parties to the proceeding. A information is required if a currently
importing the Subject Merchandise into separate service list will be maintained valid Office of Management and Budget
the United States from a foreign by the Secretary for those parties (OMB) number is not displayed; the
manufacturer or through its selling authorized to receive BPI under the OMB number is 3117–0016/USITC No.
agent. APO. 16–5–364, expiration date June 30,
Participation in the proceeding and Certification: Pursuant to § 207.3 of 2017. Public reporting burden for the
public service list: Persons, including the Commission’s rules, any person request is estimated to average 15 hours
industrial users of the Subject submitting information to the per response. Please send comments
Merchandise and, if the merchandise is Commission in connection with this regarding the accuracy of this burden
sold at the retail level, representative proceeding must certify that the estimate to the Office of Investigations,
consumer organizations, wishing to information is accurate and complete to U.S. International Trade Commission,
participate in the proceeding as parties the best of the submitter’s knowledge. In
sradovich on DSK3GMQ082PROD with NOTICES

500 E Street SW., Washington, DC
must file an entry of appearance with making the certification, the submitter 20436.
the Secretary to the Commission, as will acknowledge that information Inability to provide requested
provided in § 201.11(b)(4) of the submitted in response to this request for information: Pursuant to § 207.61(c) of
Commission’s rules, no later than 21 information and throughout this the Commission’s rules, any interested
days after publication of this notice in proceeding or other proceeding may be party that cannot furnish the
the Federal Register. The Secretary will disclosed to and used: (i) By the information requested by this notice in
maintain a public service list containing Commission, its employees and Offices, the requested form and manner shall

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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices 50547

downtime, maintenance, repair, and ACTION: Notice. continuation or recurrence of material
cleanup, and a typical or representative injury to the domestic industry within
product mix); and SUMMARY: The Commission hereby gives a reasonably foreseeable time.
(c) the quantity and value of your notice that it has instituted a review Provisions concerning the conduct of
firm’s(s’) exports to the United States of pursuant to the Tariff Act of 1930 (‘‘the this proceeding may be found in the
Subject Merchandise and, if known, an Act’’), as amended, to determine Commission’s Rules of Practice and
estimate of the percentage of total whether revocation of the antidumping Procedure at 19 CFR parts 201, subparts
exports to the United States of Subject duty order on glycine from China would A and B and 19 CFR part 207, subparts
Merchandise from each Subject Country be likely to lead to continuation or A and F. The Commission will assess
accounted for by your firm’s(s’) exports. recurrence of material injury. Pursuant the adequacy of interested party
(12) Identify significant changes, if to the Act, interested parties are responses to this notice of institution to
any, in the supply and demand requested to respond to this notice by determine whether to conduct a full
conditions or business cycle for the submitting the information specified review or an expedited review. The
Domestic Like Product that have below to the Commission. Commission’s determination in any
occurred in the United States or in the DATES: Effective: August 1, 2016. To be expedited review will be based on the
market for the Subject Merchandise in assured of consideration, the deadline facts available, which may include
each Subject Country after 2010, and for responses is August 31, 2016. information provided in response to this
significant changes, if any, that are Comments on the adequacy of responses notice.
likely to occur within a reasonably may be filed with the Commission by Definitions.—The following
foreseeable time. Supply conditions to October 14, 2016. definitions apply to this review:
consider include technology; FOR FURTHER INFORMATION CONTACT:
(1) Subject Merchandise is the class or
production methods; development Mary Messer (202–205–3193), Office of kind of merchandise that is within the
efforts; ability to increase production Investigations, U.S. International Trade scope of the five-year review, as defined
(including the shift of production Commission, 500 E Street SW., by the Department of Commerce.
facilities used for other products and the (2) The Subject Country in this review
Washington, DC 20436. Hearing-
use, cost, or availability of major inputs is China.
impaired persons can obtain (3) The Domestic Like Product is the
into production); and factors related to information on this matter by contacting
the ability to shift supply among domestically produced product or
the Commission’s TDD terminal on 202– products which are like, or in the
different national markets (including
205–1810. Persons with mobility absence of like, most similar in
barriers to importation in foreign
impairments who will need special characteristics and uses with, the
markets or changes in market demand
assistance in gaining access to the Subject Merchandise. In its original
abroad). Demand conditions to consider
Commission should contact the Office determination, the Commission defined
include end uses and applications; the
of the Secretary at 202–205–2000. the Domestic Like Product as all glycine.
existence and availability of substitute
General information concerning the In its expedited first and second five-
products; and the level of competition
Commission may also be obtained by year review determinations and its full
among the Domestic Like Product
accessing its internet server (http:// third five-year review determination,
produced in the United States, Subject
www.usitc.gov). The public record for the Commission continued to define the
Merchandise produced in each Subject
Country, and such merchandise from this proceeding may be viewed on the Domestic Like Product as glycine of all
other countries. Commission’s electronic docket (EDIS) purity levels, coextensive with
(13) (OPTIONAL) A statement of at http://edis.usitc.gov. Commerce’s scope.
whether you agree with the above SUPPLEMENTARY INFORMATION: (4) The Domestic Industry is the U.S.
definitions of the Domestic Like Product Background.—On March 29, 1995, the producers as a whole of the Domestic
and Domestic Industry; if you disagree Department of Commerce (Commerce) Like Product, or those producers whose
with either or both of these definitions, issued an antidumping duty order on collective output of the Domestic Like
please explain why and provide imports of glycine from China (60 FR Product constitutes a major proportion
alternative definitions. 16116). Following first five-year reviews of the total domestic production of the
Authority: This proceeding is being
by Commerce and the Commission, product. In its original determination
conducted under authority of title VII of the effective July 25, 2000, Commerce and its first and second expedited five-
Tariff Act of 1930; this notice is published issued a continuation of the year review determinations, the
pursuant to § 207.61 of the Commission’s antidumping duty order on imports of Commission defined the Domestic
rules. glycine from China (65 FR 45752). Industry as all domestic producers of
By order of the Commission. Following second five-year reviews by glycine.
Lisa R. Barton, Commerce and the Commission, (5) An Importer is any person or firm
Secretary to the Commission. effective November 15, 2005, Commerce engaged, either directly or through a
issued a second continuation of the parent company or subsidiary, in
[FR Doc. 2016–17660 Filed 7–29–16; 8:45 am]
antidumping duty order on imports of importing the Subject Merchandise into
BILLING CODE 7020–02–P
glycine from China (70 FR 69316). the United States from a foreign
Following the third five-year reviews by manufacturer or through its selling
INTERNATIONAL TRADE Commerce and the Commission, agent.
COMMISSION effective September 19, 2011, Commerce Participation in the proceeding and
issued a continuation of the public service list.—Persons, including
sradovich on DSK3GMQ082PROD with NOTICES

[Investigation No. 731–TA–718 (Fourth antidumping duty order on imports of industrial users of the Subject
Review)] glycine from China (76 FR 57951). The Merchandise and, if the merchandise is
Commission is now conducting a fourth sold at the retail level, representative
Glycine From China; Institution of a
review pursuant to section 751(c) of the consumer organizations, wishing to
Five-Year Review
Act, as amended (19 U.S.C. 1675(c)), to participate in the proceeding as parties
AGENCY: United States International determine whether revocation of the must file an entry of appearance with
Trade Commission. order would be likely to lead to the Secretary to the Commission, as

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Document Created: 2016-07-30 06:25:54
Document Modified: 2016-07-30 06:25:54
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective August 1, 2016. To be assured of consideration, the deadline for responses is August 31, 2016. Comments on the adequacy of responses may be filed with the Commission by October 14, 2016.
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.
FR Citation		81 FR 50544