81_FR_60556 81 FR 60386 - Sulfanilic Acid From China and India; Institution of Five-Year Reviews

81 FR 60386 - Sulfanilic Acid From China and India; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 170 (September 1, 2016)

Page Range60386-60389
FR Document2016-20658

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the countervailing duty order on sulfanilic acid from India and antidumping duty orders on sulfanilic acid from China and India 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 170 (Thursday, September 1, 2016) 
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60386-60389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20658]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Fourth Review)]


Sulfanilic Acid From China and India; Institution of Five-Year 
Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the countervailing duty order on 
sulfanilic acid from India and antidumping duty orders on sulfanilic 
acid from China and India 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 September 1, 2016. To be assured of consideration, the 
deadline for responses is October 3, 2016. Comments on the adequacy of 
responses may be filed with the Commission by November 15, 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 
(https://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background--On August 19, 1992, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of 
sulfanilic acid from China (57 FR 37524). On March 2, 1993, Commerce 
issued antidumping and countervailing duty orders on imports of 
sulfanilic acid from India (57 FR 12025 and 12026). Following five-year 
reviews by Commerce and the Commission, effective June 8, 2000, 
Commerce issued a continuation of the countervailing duty order on 
sulfanilic acid from India and the antidumping duty orders on 
sulfanilic acid from China and India (65 FR 36404). Following second 
five-year reviews by Commerce and the Commission, effective May 11, 
2006, Commerce issued a continuation of the countervailing duty order 
on sulfanilic acid from India and the antidumping duty orders on 
sulfanilic acid from China and India (71 FR 27449). Following the third 
five-year reviews by Commerce and the Commission, effective October 25, 
2011, Commerce issued a continuation of the countervailing duty order 
on imports of sulfanilic acid from India and the antidumping duty 
orders on imports of sulfanilic acid from China and India (76 FR 
66039). The Commission is now conducting fourth reviews pursuant to 
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine 
whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct full or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to these reviews:

[[Page 60387]]

    (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 China and India.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, expedited first five-year review determinations, full 
second five-year review determinations, and expedited third five-year 
review determinations, the Commission defined the Domestic Like Product 
as all sulfanilic acid, coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, 
expedited first five-year review determinations, full second five-year 
review determinations, and expedited third five-year review 
determinations, the Commission defined the Domestic Industry as all 
domestic producers of sulfanilic acid.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is October 3, 2016. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is November 15, 2016. All written submissions must conform 
with the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's Handbook on E-Filing, available on the Commission's Web 
site at http://edis.usitc.gov, elaborates upon the Commission's rules 
with respect to electronic filing. Also, in accordance with sections 
201.16(c) and 207.3 of the Commission's rules, each document filed by a 
party to the proceeding must be served on all other parties to the 
proceeding (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the proceeding you do not need to serve your 
response).
    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. 16-5-366, 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 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

[[Page 60388]]

inference against the party pursuant to section 776(b) of the Act (19 
U.S.C. 1677e(b)) in making its determinations in the reviews.
    Information to be provided in response to this notice of 
institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2015, except as noted (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 or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in pounds and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping or countervailing duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.

[[Page 60389]]

    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2010, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

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

    By order of the Commission.

    Issued: August 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-20658 Filed 8-31-16; 8:45 am]
 BILLING CODE 7020-02-P

60386 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices (c) the quantity and value (f.o.b. U.S. products; and the level of competition assistance in gaining access to the port, including antidumping duties) of among the Domestic Like Products Commission should contact the Office U.S. internal consumption/company produced in the United States, Subject of the Secretary at 202–205–2000. transfers of Subject Merchandise Merchandise produced in each Subject General information concerning the imported from each Subject Country. Country, and such merchandise from Commission may also be obtained by (11) If you are a producer, an exporter, other countries. accessing its Internet server (https:// or a trade/business association of (13) (OPTIONAL) A statement of www.usitc.gov). The public record for producers or exporters of the Subject whether you agree with the above this proceeding may be viewed on the Merchandise in any Subject Country, definitions of the Domestic Like Commission’s electronic docket (EDIS) provide the following information on Products and Domestic Industries; if you at https://edis.usitc.gov. your firm’s(s’) operations on that disagree with either or both of these product during calendar year 2015 definitions, please explain why and SUPPLEMENTARY INFORMATION: (report quantity data in short tons and provide alternative definitions. Background—On August 19, 1992, the value data in U.S. dollars, landed and Authority: This proceeding is being Department of Commerce (‘‘Commerce’’) duty-paid at the U.S. port but not conducted under authority of title VII of the issued an antidumping duty order on including antidumping duties). If you Tariff Act of 1930; this notice is published imports of sulfanilic acid from China are a trade/business association, provide pursuant to section 207.61 of the (57 FR 37524). On March 2, 1993, the information, on an aggregate basis, Commission’s rules. Commerce issued antidumping and for the firms which are members of your By order of the Commission. countervailing duty orders on imports of association. sulfanilic acid from India (57 FR 12025 Issued: August 24, 2016. (a) Production (quantity) and, if and 12026). Following five-year reviews known, an estimate of the percentage of Lisa R. Barton, by Commerce and the Commission, total production of Subject Merchandise Secretary to the Commission. effective June 8, 2000, Commerce issued in each Subject Country accounted for [FR Doc. 2016–20659 Filed 8–31–16; 8:45 am] a continuation of the countervailing by your firm’s(s’) production; BILLING CODE 7020–02–P duty order on sulfanilic acid from India (b) Capacity (quantity) of your firm(s) and the antidumping duty orders on to produce the Subject Merchandise in sulfanilic acid from China and India (65 each Subject Country (i.e., the level of INTERNATIONAL TRADE FR 36404). Following second five-year production that your establishment(s) COMMISSION reviews by Commerce and the could reasonably have expected to [Investigation Nos. 701–TA–318 and 731– Commission, effective May 11, 2006, attain during the year, assuming normal TA–538 and 561 (Fourth Review)] Commerce issued a continuation of the operating conditions (using equipment countervailing duty order on sulfanilic and machinery in place and ready to Sulfanilic Acid From China and India; acid from India and the antidumping operate), normal operating levels (hours Institution of Five-Year Reviews duty orders on sulfanilic acid from per week/weeks per year), time for China and India (71 FR 27449). downtime, maintenance, repair, and AGENCY: United States International Trade Commission. Following the third five-year reviews by cleanup, and a typical or representative Commerce and the Commission, product mix); and ACTION: Notice. effective October 25, 2011, Commerce (c) the quantity and value of your SUMMARY: The Commission hereby gives issued a continuation of the firm’s(s’) exports to the United States of Subject Merchandise and, if known, an notice that it has instituted reviews countervailing duty order on imports of estimate of the percentage of total pursuant to the Tariff Act of 1930 (‘‘the sulfanilic acid from India and the exports to the United States of Subject Act’’), as amended, to determine antidumping duty orders on imports of Merchandise from each Subject Country whether revocation of the sulfanilic acid from China and India (76 accounted for by your firm’s(s’) exports. countervailing duty order on sulfanilic FR 66039). The Commission is now (12) Identify significant changes, if acid from India and antidumping duty conducting fourth reviews pursuant to any, in the supply and demand orders on sulfanilic acid from China and section 751(c) of the Act, as amended conditions or business cycle for the India would be likely to lead to (19 U.S.C. 1675(c)), to determine Domestic Like Products that have continuation or recurrence of material whether revocation of the orders would occurred in the United States or in the injury. Pursuant to the Act, interested be likely to lead to continuation or market for the Subject Merchandise in parties are requested to respond to this recurrence of material injury to the each Subject Country after 2010, and notice by submitting the information domestic industry within a reasonably significant changes, if any, that are specified below to the Commission. foreseeable time. Provisions concerning likely to occur within a reasonably DATES: Effective September 1, 2016. To the conduct of this proceeding may be foreseeable time. Supply conditions to be assured of consideration, the found in the Commission’s Rules of consider include technology; deadline for responses is October 3, Practice and Procedure at 19 CFR parts production methods; development 2016. Comments on the adequacy of 201, subparts A and B and 19 CFR part efforts; ability to increase production responses may be filed with the 207, subparts A and F. The Commission (including the shift of production Commission by November 15, 2016. will assess the adequacy of interested facilities used for other products and the FOR FURTHER INFORMATION CONTACT: party responses to this notice of use, cost, or availability of major inputs Mary Messer (202–205–3193), Office of institution to determine whether to asabaliauskas on DSK3SPTVN1PROD with NOTICES into production); and factors related to Investigations, U.S. International Trade conduct full or expedited reviews. The the ability to shift supply among Commission, 500 E Street SW., Commission’s determinations in any different national markets (including Washington, DC 20436. Hearing- expedited reviews will be based on the barriers to importation in foreign impaired persons can obtain facts available, which may include markets or changes in market demand information on this matter by contacting information provided in response to this abroad). Demand conditions to consider the Commission’s TDD terminal on 202– notice. include end uses and applications; the 205–1810. Persons with mobility Definitions.—The following existence and availability of substitute impairments who will need special definitions apply to these reviews: VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60387 (1) Subject Merchandise is the class or advised that a five-year review is not the Written submissions.—Pursuant to kind of merchandise that is within the same particular matter as the underlying section 207.61 of the Commission’s scope of the five-year reviews, as original investigation, and a five-year rules, each interested party response to defined by the Department of review is not the same particular matter this notice must provide the information Commerce. as an earlier review of the same specified below. The deadline for filing (2) The Subject Countries in these underlying investigation for purposes of such responses is October 3, 2016. reviews are China and India. 18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the (3) The Domestic Like Product is the statute for Federal employees, and Commission’s rules, eligible parties (as domestically produced product or Commission rule 201.15(b) (19 CFR specified in Commission rule products which are like, or in the 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments absence of like, most similar in 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to characteristics and uses with, the Consequently, former employees are not the notice of institution and whether the Subject Merchandise. In its original required to seek Commission approval Commission should conduct expedited determinations, expedited first five-year to appear in a review under Commission or full reviews. The deadline for filing review determinations, full second five- rule 19 CFR 201.15, even if the such comments is November 15, 2016. year review determinations, and corresponding underlying original All written submissions must conform expedited third five-year review investigation or an earlier review of the with the provisions of section 201.8 of determinations, the Commission same underlying investigation was the Commission’s rules; any defined the Domestic Like Product as all pending when they were Commission submissions that contain BPI must also sulfanilic acid, coextensive with employees. For further ethics advice on conform with the requirements of Commerce’s scope. this matter, contact Carol McCue sections 201.6, 207.3, and 207.7 of the (4) The Domestic Industry is the U.S. Verratti, Deputy Agency Ethics Official, Commission’s rules. The Commission’s producers as a whole of the Domestic at 202–205–3088. Handbook on E-Filing, available on the Like Product, or those producers whose Limited disclosure of business Commission’s Web site at http:// collective output of the Domestic Like proprietary information (BPI) under an edis.usitc.gov, elaborates upon the Product constitutes a major proportion administrative protective order (APO) Commission’s rules with respect to of the total domestic production of the and APO service list.—Pursuant to electronic filing. Also, in accordance product. In its original determinations, section 207.7(a) of the Commission’s with sections 201.16(c) and 207.3 of the expedited first five-year review rules, the Secretary will make BPI Commission’s rules, each document determinations, full second five-year submitted in this proceeding available filed by a party to the proceeding must review determinations, and expedited to authorized applicants under the APO be served on all other parties to the third five-year review determinations, issued in the proceeding, provided that proceeding (as identified by either the the Commission defined the Domestic the application is made no later than 21 public or APO service list as Industry as all domestic producers of days after publication of this notice in appropriate), and a certificate of service sulfanilic acid. the Federal Register. Authorized must accompany the document (if you (5) An Importer is any person or firm applicants must represent interested are not a party to the proceeding you do engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), not need to serve your response). parent company or subsidiary, in who are parties to the proceeding. A No response to this request for importing the Subject Merchandise into separate service list will be maintained information is required if a currently the United States from a foreign by the Secretary for those parties valid Office of Management and Budget manufacturer or through its selling authorized to receive BPI under the (OMB) number is not displayed; the agent. APO. OMB number is 3117–0016/USITC No. Participation in the proceeding and Certification.—Pursuant to section 16–5–366, expiration date June 30, public service list.—Persons, including 207.3 of the Commission’s rules, any 2017. Public reporting burden for the industrial users of the Subject person submitting information to the request is estimated to average 15 hours Merchandise and, if the merchandise is Commission in connection with this per response. Please send comments sold at the retail level, representative proceeding must certify that the regarding the accuracy of this burden consumer organizations, wishing to information is accurate and complete to estimate to the Office of Investigations, participate in the proceeding as parties the best of the submitter’s knowledge. In U.S. International Trade Commission, must file an entry of appearance with making the certification, the submitter 500 E Street SW., Washington, DC the Secretary to the Commission, as will acknowledge that information 20436. provided in section 201.11(b)(4) of the submitted in response to this request for Inability to provide requested Commission’s rules, no later than 21 information and throughout this information.—Pursuant to section days after publication of this notice in proceeding or other proceeding may be 207.61(c) of the Commission’s rules, any the Federal Register. The Secretary will disclosed to and used: (i) By the interested party that cannot furnish the maintain a public service list containing Commission, its employees and Offices, information requested by this notice in the names and addresses of all persons, and contract personnel (a) for the requested form and manner shall or their representatives, who are parties developing or maintaining the records notify the Commission at the earliest to the proceeding. of this or a related proceeding, or (b) in possible time, provide a full explanation Former Commission employees who internal investigations, audits, reviews, of why it cannot provide the requested are seeking to appear in Commission and evaluations relating to the information, and indicate alternative asabaliauskas on DSK3SPTVN1PROD with NOTICES five-year reviews are advised that they programs, personnel, and operations of forms in which it can provide may appear in a review even if they the Commission including under 5 equivalent information. If an interested participated personally and U.S.C. Appendix 3; or (ii) by U.S. party does not provide this notification substantially in the corresponding government employees and contract (or the Commission finds the underlying original investigation or an personnel, solely for cybersecurity explanation provided in the notification earlier review of the same underlying purposes. All contract personnel will inadequate) and fails to provide a investigation. The Commission’s sign appropriate nondisclosure complete response to this notice, the designated agency ethics official has agreements. Commission may take an adverse VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

60388 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices inference against the party pursuant to Country that currently export or have following information on your firm’s(s’) section 776(b) of the Act (19 U.S.C. exported Subject Merchandise to the operations on that product during 1677e(b)) in making its determinations United States or other countries after calendar year 2015 (report quantity data in the reviews. 2010. in pounds and value data in U.S. Information to be provided in (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business response to this notice of institution: If the U.S. market for the Domestic Like association, provide the information, on you are a domestic producer, union/ Product and the Subject Merchandise an aggregate basis, for the firms which worker group, or trade/business (including street address, World Wide are members of your association. association; import/export Subject Web address, and the name, telephone (a) The quantity and value (landed, Merchandise from more than one number, fax number, and Email address duty-paid but not including Subject Country; or produce Subject of a responsible official at each firm). antidumping or countervailing duties) Merchandise in more than one Subject (8) A list of known sources of of U.S. imports and, if known, an Country, you may file a single response. information on national or regional estimate of the percentage of total U.S. If you do so, please ensure that your prices for the Domestic Like Product or imports of Subject Merchandise from response to each question includes the the Subject Merchandise in the U.S. or each Subject Country accounted for by information requested for each pertinent other markets. your firm’s(s’) imports; Subject Country. As used below, the (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. term ‘‘firm’’ includes any related firms. Domestic Like Product, provide the port, including antidumping and/or (1) The name and address of your firm following information on your firm’s countervailing duties) of U.S. or entity (including World Wide Web operations on that product during commercial shipments of Subject address) and name, telephone number, calendar year 2015, except as noted Merchandise imported from each fax number, and Email address of the (report quantity data in pounds and Subject Country; and certifying official. value data in U.S. dollars, f.o.b. plant). (c) the quantity and value (f.o.b. U.S. (2) A statement indicating whether If you are a union/worker group or port, including antidumping and/or your firm/entity is an interested party trade/business association, provide the countervailing duties) of U.S. internal under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for consumption/company transfers of including whether your firm/entity is a the firms in which your workers are Subject Merchandise imported from U.S. producer of the Domestic Like employed/which are members of your each Subject Country. Product, a U.S. union or worker group, association. (11) If you are a producer, an exporter, a U.S. importer of the Subject (a) Production (quantity) and, if or a trade/business association of Merchandise, a foreign producer or known, an estimate of the percentage of producers or exporters of the Subject exporter of the Subject Merchandise, a total U.S. production of the Domestic Merchandise in any Subject Country, U.S. or foreign trade or business Like Product accounted for by your provide the following information on association (a majority of whose firm’s(s’) production; your firm’s(s’) operations on that members are interested parties under (b) Capacity (quantity) of your firm to product during calendar year 2015 the statute), or another interested party produce the Domestic Like Product (i.e., (report quantity data in pounds and (including an explanation). If you are a the level of production that your value data in U.S. dollars, landed and union/worker group or trade/business establishment(s) could reasonably have duty-paid at the U.S. port but not association, identify the firms in which expected to attain during the year, including antidumping or your workers are employed or which are assuming normal operating conditions countervailing duties). If you are a members of your association. (using equipment and machinery in trade/business association, provide the (3) A statement indicating whether place and ready to operate), normal information, on an aggregate basis, for your firm/entity is willing to participate operating levels (hours per week/weeks the firms which are members of your in this proceeding by providing per year), time for downtime, association. information requested by the maintenance, repair, and cleanup, and a (a) Production (quantity) and, if Commission. typical or representative product mix); known, an estimate of the percentage of (4) A statement of the likely effects of (c) the quantity and value of U.S. total production of Subject Merchandise the revocation of the antidumping and commercial shipments of the Domestic in each Subject Country accounted for countervailing duty orders on the Like Product produced in your U.S. by your firm’s(s’) production; Domestic Industry in general and/or plant(s); (b) Capacity (quantity) of your firm(s) your firm/entity specifically. In your (d) the quantity and value of U.S. to produce the Subject Merchandise in response, please discuss the various internal consumption/company each Subject Country (i.e., the level of factors specified in section 752(a) of the transfers of the Domestic Like Product production that your establishment(s) Act (19 U.S.C. 1675a(a)) including the produced in your U.S. plant(s); and could reasonably have expected to likely volume of subject imports, likely (e) the value of (i) net sales, (ii) cost attain during the year, assuming normal price effects of subject imports, and of goods sold (COGS), (iii) gross profit, operating conditions (using equipment likely impact of imports of Subject (iv) selling, general and administrative and machinery in place and ready to Merchandise on the Domestic Industry. (SG&A) expenses, and (v) operating operate), normal operating levels (hours (5) A list of all known and currently income of the Domestic Like Product per week/weeks per year), time for operating U.S. producers of the produced in your U.S. plant(s) (include downtime, maintenance, repair, and Domestic Like Product. Identify any both U.S. and export commercial sales, cleanup, and a typical or representative asabaliauskas on DSK3SPTVN1PROD with NOTICES known related parties and the nature of internal consumption, and company product mix); and the relationship as defined in section transfers) for your most recently (c) the quantity and value of your 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date firm’s(s’) exports to the United States of 1677(4)(B)). on which your fiscal year ends). Subject Merchandise and, if known, an (6) A list of all known and currently (10) If you are a U.S. importer or a estimate of the percentage of total operating U.S. importers of the Subject trade/business association of U.S. exports to the United States of Subject Merchandise and producers of the importers of the Subject Merchandise Merchandise from each Subject Country Subject Merchandise in each Subject from any Subject Country, provide the accounted for by your firm’s(s’) exports. VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60389 (12) Identify significant changes, if together with the State of New Mexico, During the public comment period, any, in the supply and demand filed this lawsuit under the the Consent Decree may be examined conditions or business cycle for the Comprehensive Environmental and downloaded at this Justice Domestic Like Product that have Response, Compensation, and Liability Department Web site: https:// occurred in the United States or in the Act of 1980 (‘‘CERCLA’’) against www.justice.gov/enrd/consent-decrees. market for the Subject Merchandise in Chevron Mining Inc. (‘‘CMI’’). The We will provide a paper copy of the each Subject Country after 2010, and Defendant, CMI, is the owner and Consent Decree upon written request significant changes, if any, that are operator of the Chevron Questa Mine and payment of reproduction costs. likely to occur within a reasonably Superfund Site (‘‘Site’’), an inactive Please mail your request and payment foreseeable time. Supply conditions to Molybdenum mine, located in Taos to: Consent Decree Library, U.S. DOJ— consider include technology; County, New Mexico. The complaint ENRD, P.O. Box 7611, Washington, DC production methods; development requests recovery of costs that the 20044–7611. efforts; ability to increase production United States incurred responding to Please enclose a check or money order (including the shift of production releases of hazardous substances at the for $36.00 (25 cents per page facilities used for other products and the Site. Under the proposed settlement, reproduction cost) payable to the United use, cost, or availability of major inputs CMI agrees to pay $5,269,949 in past States Treasury. For a paper copy into production); and factors related to costs, to perform certain aspects of the without the exhibits and signature the ability to shift supply among remedial action selected by EPA for the pages, the cost is $11.50. different national markets (including Site, which are estimated to cost over Thomas P. Carroll, barriers to importation in foreign $143 million, and to pay EPA’s future Assistant Section Chief, Environmental markets or changes in market demand costs associated with oversight of that Enforcement Section, Environment and abroad). Demand conditions to consider work. Other aspects of the remedy will Natural Resources Division. include end uses and applications; the proceed at a later date. In return, the [FR Doc. 2016–21068 Filed 8–31–16; 8:45 am] existence and availability of substitute United States agrees not to sue CMI BILLING CODE 4410–15–P products; and the level of competition under sections 106 and 107 of CERCLA among the Domestic Like Product or under section 7003 of the Resource produced in the United States, Subject Conservation and Recovery Act for the work that CMI has agreed to perform. DEPARTMENT OF LABOR Merchandise produced in each Subject Country, and such merchandise from The prior notice of lodging of this Employee Benefits Security other countries. Consent Decree, published on August Administration (13) (OPTIONAL) A statement of 15, 2016, stated that the Department of whether you agree with the above Justice would receive comments 183rd Meeting of the Advisory Council definitions of the Domestic Like Product concerning the settlement for thirty days on Employee Welfare and Pension and Domestic Industry; if you disagree or until September 14, 2016. Having Benefit Plans; Notice of with either or both of these definitions, received a request for an extension of Teleconference Meeting please explain why and provide the initial public comment period, the United States is extending the comment Pursuant to the authority contained in alternative definitions. Section 512 of the Employee Retirement period for an additional thirty (30) days, Authority: This proceeding is being or until October 14, 2016. Income Security Act of 1974 (ERISA), 29 conducted under authority of Title VII of the The Department of Justice will U.S.C. 1142, the 183rd open meeting of Tariff Act of 1930; this notice is published receive, for a period of sixty (60) days the Advisory Council on Employee pursuant to section 207.61 of the Welfare and Pension Benefit Plans (also from August 14, 2016, any comments Commission’s rules. relating to the proposed Consent Decree. known as the ERISA Advisory Council) By order of the Commission. Comments should be addressed to the will be held as a teleconference on Issued: August 24, 2016. Assistant Attorney General, September 27, 2016. Lisa R. Barton, Environment and Natural Resources The meeting will take place in C5521 Secretary to the Commission. Division, and should refer to United room 4, U.S. Department of Labor, 200 [FR Doc. 2016–20658 Filed 8–31–16; 8:45 am] States and State of Mexico, et al. v. Constitution Avenue NW., Washington, BILLING CODE 7020–02–P Chevron Mining Inc., Civil Action No. DC 20210. Public access is available 1:16–cv–00904, D.J. Ref. No. 90–11–3– only in this room (i.e. not by telephone). 10261. All comments must be submitted The meeting will run from 9:00 a.m. to no later than October 14, 2016. approximately 4:00 p.m. The purpose of DEPARTMENT OF JUSTICE Comments may be submitted either by the open meeting is to discuss reports/ Notice of Lodging of Proposed First email or by mail: recommendations for the Secretary of Partial Remedial Design/Remedial Labor on the issues of (1) Cybersecurity Action (RD/RA) Consent Decree Under To submit Send them to: Considerations for Benefit Plans and (2) comments: Participant Plan Transfers and Account Cercla Consolidation for the Advancement of On August 9, 2016, the Department of By email ....... pubcomment-ees.enrd@ usdoj.gov. Lifetime Plan Participation. Justice lodged a proposed First Partial By mail ......... Assistant Attorney General Descriptions of these topics are Remedial Design/Remedial Action (RD/ available on the Advisory Council page asabaliauskas on DSK3SPTVN1PROD with NOTICES U.S. DOJ—ENRD RA) Consent Decree (‘‘Consent Decree’’) P.O. Box 7611 of the EBSA Web site at http:// with the United States District Court for Washington, DC 20044–7611. www.dol.gov/ebsa/aboutebsa/erisa_ the District of New Mexico, in the advisory_council.html. lawsuit entitled United States and State Under section 7003(d) of the Resource Organizations or members of the of New Mexico, et al. v. Chevron Mining Conservation and Recovery Act public wishing to submit a written Inc., Civil Action No. 1:16–cv–00904. (‘‘RCRA’’), 42 U.S.C. 6973, a commenter statement may do so by submitting 30 The United States, on behalf of the may request an opportunity for a public copies on or before September 20, 2016 U.S. Environmental Protection Agency, meeting in the affected area. to Larry Good, Executive Secretary, VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1


Document Created: 2018-02-09 11:57:33
Document Modified: 2018-02-09 11:57:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective September 1, 2016. To be assured of consideration, the deadline for responses is October 3, 2016. Comments on the adequacy of responses may be filed with the Commission by November 15, 2016.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation81 FR 60386 
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