81_FR_5153 81 FR 5133 - Porcelain-on-Steel Cooking Ware From China; Institution of a Five-Year Review

81 FR 5133 - Porcelain-on-Steel Cooking Ware From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 20 (February 1, 2016)

Page Range5133-5136
FR Document2016-01727

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is March 2, 2016. Comments on the adequacy of responses may be filed with the Commission by April 14, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 20 (Monday, February 1, 2016)
[Federal Register Volume 81, Number 20 (Monday, February 1, 2016)]
[Notices]
[Pages 5133-5136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01727]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-298 (Fourth Review)]


Porcelain-on-Steel Cooking Ware From China; Institution of a 
Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on 
porcelain-on-steel cooking ware from China would be likely to lead to 
continuation or recurrence of material injury. Pursuant to the Act, 
interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission; \1\ to be 
assured of consideration, the deadline for responses is March 2, 2016. 
Comments on the adequacy of responses may be filed with the Commission 
by April 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. 16-5-350, 
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: February 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 December 2, 1986, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of 
porcelain-on-steel cooking ware from China (51 FR 43414). Following 
first five-year reviews by Commerce and the Commission, effective April 
14, 2000, Commerce issued a continuation of the antidumping duty order 
on porcelain-on-steel cooking ware from China (65 FR 20136). Following 
the second five-year reviews by Commerce and the Commission, effective 
November 22, 2005, Commerce issued a continuation of the antidumping 
duty order on porcelain-on-steel cooking ware from China (70 FR 70581). 
Following the third five-year reviews by Commerce and the Commission, 
effective March 14, 2011, Commerce issued a continuation of the 
antidumping duty order on imports of porcelain-on-steel cooking ware 
from China (76 FR 13602). The Commission is now conducting a fourth 
review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 
1675(c)), to determine whether revocation of the order would be likely 
to lead to continuation or recurrence of material injury to the 
domestic industry within a reasonably foreseeable time. Provisions 
concerning the conduct of this proceeding may be found in the 
Commission's Rules of Practice and Procedure at 19 CFR parts 201, 
subparts A and B and 19 CFR part 207, subparts A and F. The Commission 
will assess the adequacy of interested party responses to this notice 
of institution to determine whether to conduct a full review or an 
expedited review. The Commission's determination in any expedited 
review will be based on the facts available, which may include 
information provided in response to this notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, its full first five-year

[[Page 5134]]

review determination, and its expedited second and third five-year 
review determinations concerning porcelain-on-steel cooking ware from 
China, the Commission defined the Domestic Like Product as all 
porcelain-on-steel cooking ware, including teakettles. One Commissioner 
defined the Domestic Like Product differently in the original 
determination.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, its 
full first five-year review determination, and its expedited second and 
third five-year review determinations concerning porcelain-on-steel 
cooking ware from China, the Commission defined the Domestic Industry 
as all domestic producers of porcelain-on-steel cooking ware, including 
teakettles. One Commissioner defined the Domestic Industry differently 
in the original determination.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is March 2, 2016. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is April 14, 2016. All written submissions must conform 
with the provisions of sections 201.8 and 207.3 of the Commission's 
rules and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Please be aware that the Commission's rules with respect to filing have 
changed. The most recent amendments took effect on July 25, 2014. See 
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from the Commission's Web site at http://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3 
of the Commission's rules, each document filed by a party to the 
proceeding must be served on all other parties to the proceeding (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the proceeding you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF 
INSTITUTION: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which

[[Page 5135]]

your workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2009.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2015, except as noted (report quantity 
data in units and value data in U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in units and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the 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 the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in units and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping 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 the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2009, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority:  This proceeding is being conducted under authority 
of Title VII of the

[[Page 5136]]

Tariff Act of 1930; this notice is published pursuant to section 
207.61 of the Commission's rules.

    By order of the Commission.

    Issued: January 27, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-01727 Filed 1-29-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices                                                5133

                                               facsimile (801) 524–3807; email at                      information from public review, we                       accessing its internet server (http://
                                               bheffernan@usbr.gov.                                    cannot guarantee that we will be able to                 www.usitc.gov). The public record for
                                               SUPPLEMENTARY INFORMATION: The Glen                     do so.                                                   this proceeding may be viewed on the
                                               Canyon Dam Adaptive Management                            Dated: January 11, 2016.                               Commission’s electronic docket (EDIS)
                                               Program (GCDAMP) was implemented                        Beverley Heffernan,                                      at http://edis.usitc.gov.
                                               as a result of the Record of Decision on                Manager, Environmental Resources Division,               SUPPLEMENTARY INFORMATION:
                                               the Operation of Glen Canyon Dam                        Upper Colorado Regional Office.                             Background.—On December 2, 1986,
                                               Final Environmental Impact Statement                    [FR Doc. 2016–01742 Filed 1–29–16; 8:45 am]              the Department of Commerce
                                               to comply with consultation                                                                                      (‘‘Commerce’’) issued an antidumping
                                                                                                       BILLING CODE 4332–90–P
                                               requirements of the Grand Canyon                                                                                 duty order on imports of porcelain-on-
                                               Protection Act (Pub. L. 102–575) of                                                                              steel cooking ware from China (51 FR
                                               1992. The GCDAMP includes a Federal                                                                              43414). Following first five-year reviews
                                               advisory committee, the AMWG, a                         INTERNATIONAL TRADE
                                                                                                       COMMISSION                                               by Commerce and the Commission,
                                               technical work group (TWG), a Grand                                                                              effective April 14, 2000, Commerce
                                               Canyon Monitoring and Research                          [Investigation No. 731–TA–298 (Fourth                    issued a continuation of the
                                               Center, and independent review panels.                  Review)]                                                 antidumping duty order on porcelain-
                                               The TWG is a subcommittee of the                                                                                 on-steel cooking ware from China (65
                                               AMWG and provides technical advice                      Porcelain-on-Steel Cooking Ware From
                                                                                                                                                                FR 20136). Following the second five-
                                               and recommendations to the AMWG.                        China; Institution of a Five-Year
                                                                                                                                                                year reviews by Commerce and the
                                                  Agenda: The primary purpose of the                   Review
                                                                                                                                                                Commission, effective November 22,
                                               meeting will be to receive updates on:                  AGENCY: United States International                      2005, Commerce issued a continuation
                                               (1) The Long-Term Experimental and                      Trade Commission.                                        of the antidumping duty order on
                                               Management Plan Environmental                                                                                    porcelain-on-steel cooking ware from
                                                                                                       ACTION: Notice.
                                               Impact Statement, (2) current basin                                                                              China (70 FR 70581). Following the
                                               hydrology, operations, and the 2017                     SUMMARY:    The Commission hereby gives                  third five-year reviews by Commerce
                                               hydrograph, (3) The Hopi Tribe’s                        notice that it has instituted a review                   and the Commission, effective March
                                               monitoring regimen, summary of key                      pursuant to the Tariff Act of 1930 (‘‘the                14, 2011, Commerce issued a
                                               research results, and recommendations,                  Act’’), as amended, to determine                         continuation of the antidumping duty
                                               and (4) science results from Grand                      whether revocation of the antidumping                    order on imports of porcelain-on-steel
                                               Canyon Monitoring and Research Center                   duty order on porcelain-on-steel                         cooking ware from China (76 FR 13602).
                                               staff. The AMWG will discuss the                        cooking ware from China would be                         The Commission is now conducting a
                                               Science Advisors’ Workplan, the                         likely to lead to continuation or                        fourth review pursuant to section 751(c)
                                               Adaptive Management Program                             recurrence of material injury. Pursuant                  of the Act, as amended (19 U.S.C.
                                               Assessment, and the Western energy                      to the Act, interested parties are                       1675(c)), to determine whether
                                               grid and the evolving mix of power                      requested to respond to this notice by                   revocation of the order would be likely
                                               sources. The AMWG will also address                     submitting the information specified                     to lead to continuation or recurrence of
                                               other administrative and resource issues                below to the Commission; 1 to be                         material injury to the domestic industry
                                               pertaining to the GCDAMP.                               assured of consideration, the deadline
                                                  To view a copy of the agenda and                                                                              within a reasonably foreseeable time.
                                                                                                       for responses is March 2, 2016.                          Provisions concerning the conduct of
                                               documents related to the above meeting,                 Comments on the adequacy of responses
                                               please visit Reclamation’s Web site at                                                                           this proceeding may be found in the
                                                                                                       may be filed with the Commission by                      Commission’s Rules of Practice and
                                               http://www.usbr.gov/uc/rm/amp/amwg/                     April 14, 2016.
                                               mtgs/16feb24. Time will be allowed at                                                                            Procedure at 19 CFR parts 201, subparts
                                                                                                       DATES: Effective Date: February 1, 2016.                 A and B and 19 CFR part 207, subparts
                                               the meeting for any individual or
                                               organization wishing to make formal                     FOR FURTHER INFORMATION CONTACT:                         A and F. The Commission will assess
                                               oral comments. To allow for full                        Mary Messer (202–205–3193), Office of                    the adequacy of interested party
                                               consideration of information by the                     Investigations, U.S. International Trade                 responses to this notice of institution to
                                               AMWG members, written notice must                       Commission, 500 E Street SW.,                            determine whether to conduct a full
                                               be provided to Beverley Heffernan,                      Washington, DC 20436. Hearing-                           review or an expedited review. The
                                               Bureau of Reclamation, Upper Colorado                   impaired persons can obtain                              Commission’s determination in any
                                               Regional Office, 125 South State Street,                information on this matter by contacting                 expedited review will be based on the
                                               Room 8100, Salt Lake City, Utah, 84138;                 the Commission’s TDD terminal on 202–                    facts available, which may include
                                               telephone (801) 524–3712; facsimile                     205–1810. Persons with mobility                          information provided in response to this
                                               (801) 524–3807; email at bheffernan@                    impairments who will need special                        notice.
                                               usbr.gov, at least five (5) days prior to               assistance in gaining access to the                         Definitions.—The following
                                               the meeting. Any written comments                       Commission should contact the Office                     definitions apply to this review:
                                               received will be provided to the AMWG                   of the Secretary at 202–205–2000.                           (1) Subject Merchandise is the class or
                                               members.                                                General information concerning the                       kind of merchandise that is within the
                                                                                                       Commission may also be obtained by                       scope of the five-year review, as defined
                                               Public Disclosure of Comments                                                                                    by the Department of Commerce.
                                                 Before including your address, phone                    1 No response to this request for information is          (2) The Subject Country in this review
                                               number, email address, or other                         required if a currently valid Office of Management       is China.
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                       and Budget (OMB) number is not displayed; the
                                               personal identifying information in your                OMB number is 3117–0016/USITC No. 16–5–350,
                                                                                                                                                                   (3) The Domestic Like Product is the
                                               comment, you should be aware that                       expiration date June 30, 2017. Public reporting          domestically produced product or
                                               your entire comment—including your                      burden for the request is estimated to average 15        products which are like, or in the
                                               personal identifying information—may                    hours per response. Please send comments                 absence of like, most similar in
                                                                                                       regarding the accuracy of this burden estimate to
                                               be made publicly available at any time.                 the Office of Investigations, U.S. International Trade
                                                                                                                                                                characteristics and uses with, the
                                               While you can ask us in your comment                    Commission, 500 E Street SW., Washington, DC             Subject Merchandise. In its original
                                               to withhold your personal identifying                   20436.                                                   determination, its full first five-year


                                          VerDate Sep<11>2014   15:33 Jan 29, 2016   Jkt 238001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                               5134                          Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices

                                               review determination, and its expedited                 statute for Federal employees, and                    for filing such comments is April 14,
                                               second and third five-year review                       Commission rule 201.15(b) (19 CFR                     2016. All written submissions must
                                               determinations concerning porcelain-                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),               conform with the provisions of sections
                                               on-steel cooking ware from China, the                   73 FR 24609 (May 5, 2008).                            201.8 and 207.3 of the Commission’s
                                               Commission defined the Domestic Like                    Consequently, former employees are not                rules and any submissions that contain
                                               Product as all porcelain-on-steel                       required to seek Commission approval                  BPI must also conform with the
                                               cooking ware, including teakettles. One                 to appear in a review under Commission                requirements of sections 201.6 and
                                               Commissioner defined the Domestic                       rule 19 CFR 201.15, even if the                       207.7 of the Commission’s rules. Please
                                               Like Product differently in the original                corresponding underlying original                     be aware that the Commission’s rules
                                               determination.                                          investigation or an earlier review of the             with respect to filing have changed. The
                                                  (4) The Domestic Industry is the U.S.                same underlying investigation was                     most recent amendments took effect on
                                               producers as a whole of the Domestic                    pending when they were Commission                     July 25, 2014. See 79 FR 35920 (June 25,
                                               Like Product, or those producers whose                  employees. For further ethics advice on               2014), and the revised Commission
                                               collective output of the Domestic Like                  this matter, contact Carol McCue                      Handbook on E-filing, available from the
                                               Product constitutes a major proportion                  Verratti, Deputy Agency Ethics Official,              Commission’s Web site at http://
                                               of the total domestic production of the                 at 202–205–3088.                                      edis.usitc.gov. Also, in accordance with
                                               product. In its original determination,                    Limited disclosure of business                     sections 201.16(c) and 207.3 of the
                                               its full first five-year review                         proprietary information (BPI) under an                Commission’s rules, each document
                                               determination, and its expedited second                 administrative protective order (APO)                 filed by a party to the proceeding must
                                               and third five-year review                              and APO service list.—Pursuant to                     be served on all other parties to the
                                               determinations concerning porcelain-                    section 207.7(a) of the Commission’s                  proceeding (as identified by either the
                                               on-steel cooking ware from China, the                   rules, the Secretary will make BPI                    public or APO service list as
                                               Commission defined the Domestic                         submitted in this proceeding available                appropriate), and a certificate of service
                                               Industry as all domestic producers of                   to authorized applicants under the APO                must accompany the document (if you
                                               porcelain-on-steel cooking ware,                        issued in the proceeding, provided that               are not a party to the proceeding you do
                                               including teakettles. One Commissioner                  the application is made no later than 21              not need to serve your response).
                                               defined the Domestic Industry                           days after publication of this notice in                 Inability to provide requested
                                               differently in the original determination.              the Federal Register. Authorized                      information.—Pursuant to section
                                                  (5) An Importer is any person or firm                applicants must represent interested                  207.61(c) of the Commission’s rules, any
                                               engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),             interested party that cannot furnish the
                                               parent company or subsidiary, in                        who are parties to the proceeding. A                  information requested by this notice in
                                               importing the Subject Merchandise into                  separate service list will be maintained              the requested form and manner shall
                                               the United States from a foreign                        by the Secretary for those parties                    notify the Commission at the earliest
                                               manufacturer or through its selling                     authorized to receive BPI under the                   possible time, provide a full explanation
                                               agent.                                                  APO.
                                                  Participation in the proceeding and                                                                        of why it cannot provide the requested
                                                                                                          Certification.—Pursuant to section
                                               public service list.—Persons, including                                                                       information, and indicate alternative
                                                                                                       207.3 of the Commission’s rules, any
                                               industrial users of the Subject                         person submitting information to the                  forms in which it can provide
                                               Merchandise and, if the merchandise is                  Commission in connection with this                    equivalent information. If an interested
                                               sold at the retail level, representative                proceeding must certify that the                      party does not provide this notification
                                               consumer organizations, wishing to                      information is accurate and complete to               (or the Commission finds the
                                               participate in the proceeding as parties                the best of the submitter’s knowledge. In             explanation provided in the notification
                                               must file an entry of appearance with                   making the certification, the submitter               inadequate) and fails to provide a
                                               the Secretary to the Commission, as                     will be deemed to consent, unless                     complete response to this notice, the
                                               provided in section 201.11(b)(4) of the                 otherwise specified, for the                          Commission may take an adverse
                                               Commission’s rules, no later than 21                    Commission, its employees, and                        inference against the party pursuant to
                                               days after publication of this notice in                contract personnel to use the                         section 776(b) of the Act (19 U.S.C.
                                               the Federal Register. The Secretary will                information provided in any other                     1677e(b)) in making its determination in
                                               maintain a public service list containing               reviews or investigations of the same or              the review.
                                               the names and addresses of all persons,                 comparable products which the                            INFORMATION TO BE PROVIDED IN
                                               or their representatives, who are parties               Commission conducts under Title VII of                RESPONSE TO THIS NOTICE OF
                                               to the proceeding.                                      the Act, or in internal audits and                    INSTITUTION: As used below, the term
                                                  Former Commission employees who                      investigations relating to the programs               ‘‘firm’’ includes any related firms.
                                               are seeking to appear in Commission                     and operations of the Commission                         (1) The name and address of your firm
                                               five-year reviews are advised that they                 pursuant to 5 U.S.C. Appendix 3.                      or entity (including World Wide Web
                                               may appear in a review even if they                        Written submissions.—Pursuant to                   address) and name, telephone number,
                                               participated personally and                             section 207.61 of the Commission’s                    fax number, and Email address of the
                                               substantially in the corresponding                      rules, each interested party response to              certifying official.
                                               underlying original investigation or an                 this notice must provide the information                 (2) A statement indicating whether
                                               earlier review of the same underlying                   specified below. The deadline for filing              your firm/entity is a U.S. producer of
                                               investigation. The Commission’s                         such responses is March 2, 2016.                      the Domestic Like Product, a U.S. union
                                               designated agency ethics official has                   Pursuant to section 207.62(b) of the                  or worker group, a U.S. importer of the
rmajette on DSK2TPTVN1PROD with NOTICES




                                               advised that a five-year review is not the              Commission’s rules, eligible parties (as              Subject Merchandise, a foreign producer
                                               same particular matter as the underlying                specified in Commission rule                          or exporter of the Subject Merchandise,
                                               original investigation, and a five-year                 207.62(b)(1)) may also file comments                  a U.S. or foreign trade or business
                                               review is not the same particular matter                concerning the adequacy of responses to               association, or another interested party
                                               as an earlier review of the same                        the notice of institution and whether the             (including an explanation). If you are a
                                               underlying investigation for purposes of                Commission should conduct an                          union/worker group or trade/business
                                               18 U.S.C. 207, the post employment                      expedited or full review. The deadline                association, identify the firms in which


                                          VerDate Sep<11>2014   15:33 Jan 29, 2016   Jkt 238001   PO 00000   Frm 00042   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                                                             Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices                                                5135

                                               your workers are employed or which are                  assuming normal operating conditions                  If you are a trade/business association,
                                               members of your association.                            (using equipment and machinery in                     provide the information, on an aggregate
                                                  (3) A statement indicating whether                   place and ready to operate), normal                   basis, for the firms which are members
                                               your firm/entity is willing to participate              operating levels (hours per week/weeks                of your association.
                                               in this proceeding by providing                         per year), time for downtime,                            (a) Production (quantity) and, if
                                               information requested by the                            maintenance, repair, and cleanup, and a               known, an estimate of the percentage of
                                               Commission.                                             typical or representative product mix);               total production of Subject Merchandise
                                                  (4) A statement of the likely effects of                (c) the quantity and value of U.S.                 in the Subject Country accounted for by
                                               the revocation of the antidumping duty                  commercial shipments of the Domestic                  your firm’s(s’) production;
                                               order on the Domestic Industry in                       Like Product produced in your U.S.                       (b) Capacity (quantity) of your firm(s)
                                               general and/or your firm/entity                         plant(s);                                             to produce the Subject Merchandise in
                                               specifically. In your response, please                     (d) the quantity and value of U.S.                 the Subject Country (i.e., the level of
                                               discuss the various factors specified in                internal consumption/company                          production that your establishment(s)
                                               section 752(a) of the Act (19 U.S.C.                    transfers of the Domestic Like Product                could reasonably have expected to
                                               1675a(a)) including the likely volume of                produced in your U.S. plant(s); and                   attain during the year, assuming normal
                                               subject imports, likely price effects of                   (e) the value of (i) net sales, (ii) cost          operating conditions (using equipment
                                               subject imports, and likely impact of                   of goods sold (COGS), (iii) gross profit,             and machinery in place and ready to
                                               imports of Subject Merchandise on the                   (iv) selling, general and administrative              operate), normal operating levels (hours
                                               Domestic Industry.                                      (SG&A) expenses, and (v) operating                    per week/weeks per year), time for
                                                  (5) A list of all known and currently                income of the Domestic Like Product                   downtime, maintenance, repair, and
                                               operating U.S. producers of the                         produced in your U.S. plant(s) (include               cleanup, and a typical or representative
                                               Domestic Like Product. Identify any                     both U.S. and export commercial sales,                product mix); and
                                               known related parties and the nature of                 internal consumption, and company                        (c) the quantity and value of your
                                               the relationship as defined in section                  transfers) for your most recently                     firm’s(s’) exports to the United States of
                                               771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date              Subject Merchandise and, if known, an
                                               1677(4)(B)).                                            on which your fiscal year ends).                      estimate of the percentage of total
                                                  (6) A list of all known and currently                   (10) If you are a U.S. importer or a
                                                                                                                                                             exports to the United States of Subject
                                               operating U.S. importers of the Subject                 trade/business association of U.S.
                                                                                                                                                             Merchandise from the Subject Country
                                               Merchandise and producers of the                        importers of the Subject Merchandise
                                                                                                                                                             accounted for by your firm’s(s’) exports.
                                               Subject Merchandise in the Subject                      from the Subject Country, provide the
                                                                                                                                                                (12) Identify significant changes, if
                                               Country that currently export or have                   following information on your firm’s(s’)
                                                                                                                                                             any, in the supply and demand
                                               exported Subject Merchandise to the                     operations on that product during
                                                                                                                                                             conditions or business cycle for the
                                               United States or other countries after                  calendar year 2015 (report quantity data
                                                                                                                                                             Domestic Like Product that have
                                               2009.                                                   in units and value data in U.S. dollars).
                                                                                                                                                             occurred in the United States or in the
                                                  (7) A list of 3–5 leading purchasers in              If you are a trade/business association,
                                                                                                                                                             market for the Subject Merchandise in
                                               the U.S. market for the Domestic Like                   provide the information, on an aggregate
                                                                                                                                                             the Subject Country after 2009, and
                                               Product and the Subject Merchandise                     basis, for the firms which are members
                                                                                                                                                             significant changes, if any, that are
                                               (including street address, World Wide                   of your association.
                                                                                                          (a) The quantity and value (landed,                likely to occur within a reasonably
                                               Web address, and the name, telephone
                                                                                                       duty-paid but not including                           foreseeable time. Supply conditions to
                                               number, fax number, and Email address
                                                                                                       antidumping or countervailing duties)                 consider include technology;
                                               of a responsible official at each firm).
                                                                                                       of U.S. imports and, if known, an                     production methods; development
                                                  (8) A list of known sources of
                                                                                                       estimate of the percentage of total U.S.              efforts; ability to increase production
                                               information on national or regional
                                                                                                       imports of Subject Merchandise from                   (including the shift of production
                                               prices for the Domestic Like Product or
                                                                                                       the Subject Country accounted for by                  facilities used for other products and the
                                               the Subject Merchandise in the U.S. or
                                                                                                       your firm’s(s’) imports;                              use, cost, or availability of major inputs
                                               other markets.
                                                  (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            into production); and factors related to
                                               Domestic Like Product, provide the                      port, including antidumping and/or                    the ability to shift supply among
                                               following information on your firm’s                    countervailing duties) of U.S.                        different national markets (including
                                               operations on that product during                       commercial shipments of Subject                       barriers to importation in foreign
                                               calendar year 2015, except as noted                     Merchandise imported from the Subject                 markets or changes in market demand
                                               (report quantity data in units and value                Country; and                                          abroad). Demand conditions to consider
                                               data in U.S. dollars, f.o.b. plant). If you                (c) the quantity and value (f.o.b. U.S.            include end uses and applications; the
                                               are a union/worker group or trade/                      port, including antidumping and/or                    existence and availability of substitute
                                               business association, provide the                       countervailing duties) of U.S. internal               products; and the level of competition
                                               information, on an aggregate basis, for                 consumption/company transfers of                      among the Domestic Like Product
                                               the firms in which your workers are                     Subject Merchandise imported from the                 produced in the United States, Subject
                                               employed/which are members of your                      Subject Country.                                      Merchandise produced in the Subject
                                               association.                                               (11) If you are a producer, an exporter,           Country, and such merchandise from
                                                  (a) Production (quantity) and, if                    or a trade/business association of                    other countries.
                                               known, an estimate of the percentage of                 producers or exporters of the Subject                    (13) (OPTIONAL) A statement of
                                               total U.S. production of the Domestic                   Merchandise in the Subject Country,                   whether you agree with the above
rmajette on DSK2TPTVN1PROD with NOTICES




                                               Like Product accounted for by your                      provide the following information on                  definitions of the Domestic Like Product
                                               firm’s(s’) production;                                  your firm’s(s’) operations on that                    and Domestic Industry; if you disagree
                                                  (b) Capacity (quantity) of your firm to              product during calendar year 2015                     with either or both of these definitions,
                                               produce the Domestic Like Product (i.e.,                (report quantity data in units and value              please explain why and provide
                                               the level of production that your                       data in U.S. dollars, landed and duty-                alternative definitions.
                                               establishment(s) could reasonably have                  paid at the U.S. port but not including                 Authority: This proceeding is being
                                               expected to attain during the year,                     antidumping or countervailing duties).                conducted under authority of Title VII of the



                                          VerDate Sep<11>2014   15:33 Jan 29, 2016   Jkt 238001   PO 00000   Frm 00043   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                               5136                          Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices

                                               Tariff Act of 1930; this notice is published             this proceeding may be viewed on the                 the Commission found one Domestic
                                               pursuant to section 207.61 of the                        Commission’s electronic docket (EDIS)                Industry consisting of all producers of
                                               Commission’s rules.                                      at http://edis.usitc.gov.                            the Domestic Like Product, including
                                                 By order of the Commission.                            SUPPLEMENTARY INFORMATION:                           grinders that produce granular
                                                 Issued: January 27, 2016.                                 Background. On April 15, 2005, the                magnesium and die casters that recycle
                                               Lisa R. Barton,                                          Department of Commerce (‘‘Commerce’’)                magnesium scrap. Certain
                                               Secretary to the Commission.                             issued an antidumping duty order on                  Commissioners defined the Domestic
                                                                                                        imports of magnesium (also known as                  Industry differently. In its full first five-
                                               [FR Doc. 2016–01727 Filed 1–29–16; 8:45 am]
                                                                                                        magnesium metal) from China (70 FR                   year review determination, the
                                               BILLING CODE 7020–02–P
                                                                                                        19928). Following the five-year reviews              Commission found one Domestic
                                                                                                        by Commerce and the Commission,                      Industry composed of the domestic
                                               INTERNATIONAL TRADE                                      effective March 11, 2011, Commerce                   producers of pure and alloy magnesium,
                                                                                                        issued a continuation of the                         including primary and secondary
                                               COMMISSION
                                                                                                        antidumping duty order on imports of                 magnesium, and magnesium in ingot
                                               [Investigation No. 731–TA–1071 (Second
                                                                                                        magnesium from China (76 FR 13356).                  and granular form.
                                               Review)]                                                                                                         (5) An Importer is any person or firm
                                                                                                        The Commission is now conducting a
                                                                                                        second review pursuant to section                    engaged, either directly or through a
                                               Magnesium From China; Institution of                                                                          parent company or subsidiary, in
                                               a Five-Year Review                                       751(c) of the Act, as amended (19 U.S.C.
                                                                                                                                                             importing the Subject Merchandise into
                                                                                                        1675(c)), to determine whether
                                               AGENCY: United States International                                                                           the United States from a foreign
                                                                                                        revocation of the order would be likely
                                               Trade Commission.                                                                                             manufacturer or through its selling
                                                                                                        to lead to continuation or recurrence of
                                                                                                                                                             agent.
                                               ACTION: Notice.                                          material injury to the domestic industry                Participation in the proceeding and
                                                                                                        within a reasonably foreseeable time.                public service list. Persons, including
                                               SUMMARY:    The Commission hereby gives                  Provisions concerning the conduct of
                                               notice that it has instituted a review                                                                        industrial users of the Subject
                                                                                                        this proceeding may be found in the                  Merchandise and, if the merchandise is
                                               pursuant to the Tariff Act of 1930 (‘‘the                Commission’s Rules of Practice and
                                               Act’’), as amended, to determine                                                                              sold at the retail level, representative
                                                                                                        Procedure at 19 CFR parts 201, subparts              consumer organizations, wishing to
                                               whether revocation of the antidumping                    A and B and 19 CFR part 207, subparts
                                               duty order on magnesium from China                                                                            participate in the proceeding as parties
                                                                                                        A and F. The Commission will assess                  must file an entry of appearance with
                                               would be likely to lead to continuation                  the adequacy of interested party
                                               or recurrence of material injury.                                                                             the Secretary to the Commission, as
                                                                                                        responses to this notice of institution to           provided in section 201.11(b)(4) of the
                                               Pursuant to the Act, interested parties                  determine whether to conduct a full
                                               are requested to respond to this notice                                                                       Commission’s rules, no later than 21
                                                                                                        review or an expedited review. The                   days after publication of this notice in
                                               by submitting the information specified                  Commission’s determination in any
                                               below to the Commission; 1 to be                                                                              the Federal Register. The Secretary will
                                                                                                        expedited review will be based on the                maintain a public service list containing
                                               assured of consideration, the deadline                   facts available, which may include
                                               for responses is March 2, 2016.                                                                               the names and addresses of all persons,
                                                                                                        information provided in response to this             or their representatives, who are parties
                                               Comments on the adequacy of responses                    notice.
                                               may be filed with the Commission by                                                                           to the proceeding.
                                                                                                           Definitions. The following definitions               Former Commission employees who
                                               April 14, 2016.                                          apply to this review:                                are seeking to appear in Commission
                                               DATES: Effective Date: February 1, 2016.                    (1) Subject Merchandise is the class or           five-year reviews are advised that they
                                               FOR FURTHER INFORMATION CONTACT:                         kind of merchandise that is within the               may appear in a review even if they
                                               Mary Messer (202–205–3193), Office of                    scope of the five-year review, as defined            participated personally and
                                               Investigations, U.S. International Trade                 by the Department of Commerce.                       substantially in the corresponding
                                               Commission, 500 E Street SW.,                               (2) The Subject Country in this review            underlying original investigation or an
                                               Washington, DC 20436. Hearing-                           is China.                                            earlier review of the same underlying
                                               impaired persons can obtain                                 (3) The Domestic Like Product is the              investigation. The Commission’s
                                               information on this matter by contacting                 domestically produced product or                     designated agency ethics official has
                                               the Commission’s TDD terminal on 202–                    products which are like, or in the                   advised that a five-year review is not the
                                               205–1810. Persons with mobility                          absence of like, most similar in                     same particular matter as the underlying
                                               impairments who will need special                        characteristics and uses with, the                   original investigation, and a five-year
                                               assistance in gaining access to the                      Subject Merchandise. In its original                 review is not the same particular matter
                                               Commission should contact the Office                     determination and its full first five-year           as an earlier review of the same
                                               of the Secretary at 202–205–2000.                        review determination, the Commission                 underlying investigation for purposes of
                                               General information concerning the                       found one Domestic Like Product to                   18 U.S.C. 207, the post employment
                                               Commission may also be obtained by                       include pure and alloy magnesium,                    statute for Federal employees, and
                                               accessing its internet server (http://                   primary and secondary magnesium, and                 Commission rule 201.15(b) (19 CFR
                                               www.usitc.gov). The public record for                    ingot (cast) and granular magnesium.                 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                                                                        Certain Commissioners defined the                    73 FR 24609 (May 5, 2008).
                                                 1 No response to this request for information is       Domestic Like Product differently in the             Consequently, former employees are not
                                               required if a currently valid Office of Management       original determination.                              required to seek Commission approval
rmajette on DSK2TPTVN1PROD with NOTICES




                                               and Budget (OMB) number is not displayed; the
                                               OMB number is 3117–0016/USITC No. 16–5–349,
                                                                                                           (4) The Domestic Industry is the U.S.             to appear in a review under Commission
                                               expiration date June 30, 2017. Public reporting          producers as a whole of the Domestic                 rule 19 CFR 201.15, even if the
                                               burden for the request is estimated to average 15        Like Product, or those producers whose               corresponding underlying original
                                               hours per response. Please send comments                 collective output of the Domestic Like               investigation or an earlier review of the
                                               regarding the accuracy of this burden estimate to
                                               the Office of Investigations, U.S. International Trade
                                                                                                        Product constitutes a major proportion               same underlying investigation was
                                               Commission, 500 E Street SW., Washington, DC             of the total domestic production of the              pending when they were Commission
                                               20436.                                                   product. In its original determination,              employees. For further ethics advice on


                                          VerDate Sep<11>2014   18:11 Jan 29, 2016   Jkt 238001   PO 00000   Frm 00044   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1



Document Created: 2016-01-30 01:17:26
Document Modified: 2016-01-30 01:17:26
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 5133 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR