81_FR_76056 81 FR 75845 - Certain Welded Stainless Steel Pipe From Korea and Taiwan; Institution of Five-Year Reviews

81 FR 75845 - Certain Welded Stainless Steel Pipe From Korea and Taiwan; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75845-75848
FR Document2016-26267

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on certain welded stainless steel pipe from Korea and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016) 
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75845-75848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26267]


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

 INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-540-541 (Fourth Review)]


Certain Welded Stainless Steel Pipe From Korea and Taiwan; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping duty orders on 
certain welded stainless steel pipe from Korea and Taiwan would be 
likely to lead to continuation or recurrence of material injury. 
Pursuant to the Act, interested parties are requested to respond to 
this notice by submitting the information specified below to the 
Commission.

DATES: Effective November 1, 2016. To be assured of consideration, the 
deadline for responses is December 1, 2016. Comments on the adequacy of 
responses may be filed with the Commission by January 13, 2017.

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 December 30, 1992, the Department of Commerce 
(``Commerce'') issued antidumping duty orders on imports of welded ASTM 
A-312 stainless steel pipe from Korea (57 FR 62301) and Taiwan (57 FR 
62300). Following first five-year reviews by Commerce and the 
Commission, effective October 16, 2000, Commerce issued a continuation 
of the antidumping duty orders on imports of certain welded stainless 
steel pipe from Korea and Taiwan (65 FR 61143). Following second five-
year reviews by Commerce and the Commission, effective August 28, 2006, 
Commerce issued a continuation of the antidumping duty orders on 
imports of welded ASTM A-312 stainless steel pipe from Korea and Taiwan 
(71 FR 53412, September 11, 2006). Following the third five-year 
reviews by Commerce and the Commission, effective December 19, 2011, 
Commerce issued a continuation of the antidumping duty orders on 
imports of welded ASTM A-312 stainless steel pipe from Korea and Taiwan 
(76 FR 78614). The Commission is now conducting fourth reviews pursuant 
to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to

[[Page 75846]]

determine whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct full or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Korea and Taiwan.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations and full first five-year review determinations, the 
Commission defined the Domestic Like Product as all welded stainless 
steel pipes and pressure tubes, excluding grade 409 tubes and 
mechanical tubes (also known as ornamental tubes). Thus, in addition to 
welded ASTM A-312 stainless steel pipe, the Domestic Like Product 
included such tubular products as ASTM A-778 and A-358 pipes and ASTM 
A-249, A-269, and A-270 pressure tubes. In its full second five-year 
review determinations and its expedited third five-year review 
determinations, the Commission found that a change from the original 
definition of the Domestic Like Product was appropriate and defined the 
Domestic Like Product as only welded ASTM A-312 and A-778 stainless 
steel pipes. For purposes of responding to this notice of institution 
in these fourth five-year reviews, please provide the requested 
information based on the Commission's most recent Domestic Like Product 
determinations: Welded ASTM A-312 and A-778 stainless steel pipes.
    (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 and 
its full first five-year review determinations, the Commission defined 
the Domestic Industry as producers of welded stainless steel pipes and 
pressure tubes, excluding grade 409 tubes and mechanical tubes (also 
known as ornamental tubes). In its full second five-year review 
determinations and its expedited third five-year review determinations, 
the Commission defined the Domestic Industry as all U.S. producers of 
welded ASTM A-312 and A-778 stainless steel pipes. For purposes of 
responding to this notice of institution in these third five-year 
reviews, please provide the requested information based on the 
Commission's most recent Domestic Industry determinations: All domestic 
producers of welded ASTM A-312 and A-778 stainless steel pipes.
    (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 December 1, 2016. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the

[[Page 75847]]

Commission should conduct expedited or full reviews. The deadline for 
filing such comments is January 13, 2017. 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 https://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. 16-5-373, 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 inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2015, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of

[[Page 75848]]

Subject Merchandise from each Subject Country accounted for by your 
firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2010, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

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

    By order of the Commission.

    Issued: October 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-26267 Filed 10-31-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75845 (10) If you are a U.S. importer or a Merchandise from each Subject Country Act’’), as amended, to determine trade/business association of U.S. accounted for by your firm’s(s’) exports. whether revocation of the antidumping importers of the Subject Merchandise (12) Identify significant changes, if duty orders on certain welded stainless from any Subject Country, provide the any, in the supply and demand steel pipe from Korea and Taiwan following information on your firm’s(s’) conditions or business cycle for the would be likely to lead to continuation operations on that product during Domestic Like Product that have or recurrence of material injury. calendar year 2015 (report quantity data occurred in the United States or in the Pursuant to the Act, interested parties in short tons and value data in U.S. market for the Subject Merchandise in are requested to respond to this notice dollars). If you are a trade/business each Subject Country after 2010, and by submitting the information specified association, provide the information, on significant changes, if any, that are below to the Commission. an aggregate basis, for the firms which likely to occur within a reasonably DATES: Effective November 1, 2016. To are members of your association. foreseeable time. Supply conditions to be assured of consideration, the (a) The quantity and value (landed, consider include technology; deadline for responses is December 1, duty-paid but not including production methods; development 2016. Comments on the adequacy of antidumping duties) of U.S. imports efforts; ability to increase production responses may be filed with the and, if known, an estimate of the (including the shift of production Commission by January 13, 2017. percentage of total U.S. imports of facilities used for other products and the FOR FURTHER INFORMATION CONTACT: Subject Merchandise from each Subject use, cost, or availability of major inputs Mary Messer (202–205–3193), Office of Country accounted for by your firm’s(s’) into production); and factors related to Investigations, U.S. International Trade imports; the ability to shift supply among Commission, 500 E Street SW., (b) the quantity and value (f.o.b. U.S. different national markets (including Washington, DC 20436. Hearing- port, including antidumping duties) of barriers to importation in foreign impaired persons can obtain U.S. commercial shipments of Subject markets or changes in market demand information on this matter by contacting Merchandise imported from each abroad). Demand conditions to consider the Commission’s TDD terminal on 202– Subject Country; and include end uses and applications; the 205–1810. Persons with mobility (c) the quantity and value (f.o.b. U.S. existence and availability of substitute impairments who will need special port, including antidumping duties) of products; and the level of competition assistance in gaining access to the U.S. internal consumption/company among the Domestic Like Product Commission should contact the Office transfers of Subject Merchandise produced in the United States, Subject of the Secretary at 202–205–2000. imported from each Subject Country. Merchandise produced in each Subject General information concerning the (11) If you are a producer, an exporter, Country, and such merchandise from Commission may also be obtained by or a trade/business association of other countries. accessing its internet server (https:// producers or exporters of the Subject (13) (Optional) A statement of www.usitc.gov). The public record for Merchandise in any Subject Country, whether you agree with the above this proceeding may be viewed on the provide the following information on definitions of the Domestic Like Product Commission’s electronic docket (EDIS) your firm’s(s’) operations on that and Domestic Industry; if you disagree at https://edis.usitc.gov. product during calendar year 2015 with either or both of these definitions, SUPPLEMENTARY INFORMATION: (report quantity data in short tons and please explain why and provide Background.—On December 30, 1992, value data in U.S. dollars, landed and alternative definitions. the Department of Commerce duty-paid at the U.S. port but not Authority: This proceeding is being (‘‘Commerce’’) issued antidumping duty including antidumping duties). If you conducted under authority of title VII of the orders on imports of welded ASTM A– are a trade/business association, provide Tariff Act of 1930; this notice is published 312 stainless steel pipe from Korea (57 the information, on an aggregate basis, pursuant to section 207.61 of the FR 62301) and Taiwan (57 FR 62300). for the firms which are members of your Commission’s rules. Following first five-year reviews by association. By order of the Commission. Commerce and the Commission, (a) Production (quantity) and, if Issued: October 26, 2016. effective October 16, 2000, Commerce known, an estimate of the percentage of Lisa R. Barton, issued a continuation of the total production of Subject Merchandise Secretary to the Commission. antidumping duty orders on imports of in each Subject Country accounted for certain welded stainless steel pipe from [FR Doc. 2016–26264 Filed 10–31–16; 8:45 am] by your firm’s(s’) production; Korea and Taiwan (65 FR 61143). BILLING CODE 7020–02–P (b) Capacity (quantity) of your firm(s) Following second five-year reviews by to produce the Subject Merchandise in Commerce and the Commission, each Subject Country (i.e., the level of INTERNATIONAL TRADE effective August 28, 2006, Commerce production that your establishment(s) COMMISSION issued a continuation of the could reasonably have expected to antidumping duty orders on imports of attain during the year, assuming normal [Investigation Nos. 731–TA–540–541 (Fourth welded ASTM A–312 stainless steel operating conditions (using equipment Review)] pipe from Korea and Taiwan (71 FR and machinery in place and ready to 53412, September 11, 2006). Following Certain Welded Stainless Steel Pipe operate), normal operating levels (hours the third five-year reviews by Commerce From Korea and Taiwan; Institution of per week/weeks per year), time for and the Commission, effective asabaliauskas on DSK3SPTVN1PROD with NOTICES Five-Year Reviews downtime, maintenance, repair, and December 19, 2011, Commerce issued a cleanup, and a typical or representative AGENCY: United States International continuation of the antidumping duty product mix); and Trade Commission. orders on imports of welded ASTM A– (c) the quantity and value of your ACTION: Notice. 312 stainless steel pipe from Korea and firm’s(s’) exports to the United States of Taiwan (76 FR 78614). The Commission Subject Merchandise and, if known, an SUMMARY: The Commission hereby gives is now conducting fourth reviews estimate of the percentage of total notice that it has instituted reviews pursuant to section 751(c) of the Act, as exports to the United States of Subject pursuant to the Tariff Act of 1930 (‘‘the amended (19 U.S.C. 1675(c)), to VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1

75846 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices determine whether revocation of the of the total domestic production of the required to seek Commission approval orders would be likely to lead to product. In its original determinations to appear in a review under Commission continuation or recurrence of material and its full first five-year review rule 19 CFR 201.15, even if the injury to the domestic industry within determinations, the Commission corresponding underlying original a reasonably foreseeable time. defined the Domestic Industry as investigation or an earlier review of the Provisions concerning the conduct of producers of welded stainless steel same underlying investigation was this proceeding may be found in the pipes and pressure tubes, excluding pending when they were Commission Commission’s Rules of Practice and grade 409 tubes and mechanical tubes employees. For further ethics advice on Procedure at 19 CFR parts 201, subparts (also known as ornamental tubes). In its this matter, contact Carol McCue A and B and 19 CFR part 207, subparts full second five-year review Verratti, Deputy Agency Ethics Official, A and F. The Commission will assess determinations and its expedited third at 202–205–3088. the adequacy of interested party five-year review determinations, the Limited disclosure of business responses to this notice of institution to Commission defined the Domestic proprietary information (BPI) under an determine whether to conduct full or Industry as all U.S. producers of welded administrative protective order (APO) expedited reviews. The Commission’s ASTM A–312 and A–778 stainless steel and APO service list.—Pursuant to determinations in any expedited pipes. For purposes of responding to section 207.7(a) of the Commission’s reviews will be based on the facts this notice of institution in these third rules, the Secretary will make BPI available, which may include five-year reviews, please provide the submitted in this proceeding available information provided in response to this requested information based on the to authorized applicants under the APO notice. Commission’s most recent Domestic issued in the proceeding, provided that Definitions.—The following Industry determinations: All domestic the application is made no later than 21 definitions apply to these reviews: producers of welded ASTM A–312 and days after publication of this notice in (1) Subject Merchandise is the class or A–778 stainless steel pipes. the Federal Register. Authorized kind of merchandise that is within the (5) An Importer is any person or firm applicants must represent interested scope of the five-year reviews, as engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), defined by the Department of parent company or subsidiary, in who are parties to the proceeding. A Commerce. importing the Subject Merchandise into separate service list will be maintained (2) The Subject Countries in these the United States from a foreign by the Secretary for those parties reviews are Korea and Taiwan. manufacturer or through its selling authorized to receive BPI under the (3) The Domestic Like Product is the agent. APO. domestically produced product or Participation in the proceeding and Certification.—Pursuant to section products which are like, or in the public service list.—Persons, including 207.3 of the Commission’s rules, any absence of like, most similar in industrial users of the Subject person submitting information to the characteristics and uses with, the Merchandise and, if the merchandise is Commission in connection with this Subject Merchandise. In its original sold at the retail level, representative proceeding must certify that the determinations and full first five-year consumer organizations, wishing to information is accurate and complete to review determinations, the Commission participate in the proceeding as parties the best of the submitter’s knowledge. In defined the Domestic Like Product as all must file an entry of appearance with making the certification, the submitter welded stainless steel pipes and the Secretary to the Commission, as will acknowledge that information pressure tubes, excluding grade 409 provided in section 201.11(b)(4) of the submitted in response to this request for tubes and mechanical tubes (also known Commission’s rules, no later than 21 information and throughout this as ornamental tubes). Thus, in addition days after publication of this notice in proceeding or other proceeding may be to welded ASTM A–312 stainless steel the Federal Register. The Secretary will disclosed to and used: (i) By the pipe, the Domestic Like Product maintain a public service list containing Commission, its employees and Offices, included such tubular products as the names and addresses of all persons, and contract personnel (a) for ASTM A–778 and A–358 pipes and or their representatives, who are parties developing or maintaining the records ASTM A–249, A–269, and A–270 to the proceeding. of this or a related proceeding, or (b) in pressure tubes. In its full second five- Former Commission employees who internal investigations, audits, reviews, year review determinations and its are seeking to appear in Commission and evaluations relating to the expedited third five-year review five-year reviews are advised that they programs, personnel, and operations of determinations, the Commission found may appear in a review even if they the Commission including under 5 that a change from the original participated personally and U.S.C. Appendix 3; or (ii) by U.S. definition of the Domestic Like Product substantially in the corresponding government employees and contract was appropriate and defined the underlying original investigation or an personnel, solely for cybersecurity Domestic Like Product as only welded earlier review of the same underlying purposes. All contract personnel will ASTM A–312 and A–778 stainless steel investigation. The Commission’s sign appropriate nondisclosure pipes. For purposes of responding to designated agency ethics official has agreements. this notice of institution in these fourth advised that a five-year review is not the Written submissions.—Pursuant to five-year reviews, please provide the same particular matter as the underlying section 207.61 of the Commission’s requested information based on the original investigation, and a five-year rules, each interested party response to Commission’s most recent Domestic review is not the same particular matter this notice must provide the information asabaliauskas on DSK3SPTVN1PROD with NOTICES Like Product determinations: Welded as an earlier review of the same specified below. The deadline for filing ASTM A–312 and A–778 stainless steel underlying investigation for purposes of such responses is December 1, 2016. pipes. 18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the (4) The Domestic Industry is the U.S. statute for Federal employees, and Commission’s rules, eligible parties (as producers as a whole of the Domestic Commission rule 201.15(b) (19 CFR specified in Commission rule Like Product, or those producers whose 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments collective output of the Domestic Like 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to Product constitutes a major proportion Consequently, former employees are not the notice of institution and whether the VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75847 Commission should conduct expedited If you do so, please ensure that your prices for the Domestic Like Product or or full reviews. The deadline for filing response to each question includes the the Subject Merchandise in the U.S. or such comments is January 13, 2017. All information requested for each pertinent other markets. written submissions must conform with Subject Country. As used below, the (9) If you are a U.S. producer of the the provisions of section 201.8 of the term ‘‘firm’’ includes any related firms. Domestic Like Product, provide the Commission’s rules; any submissions (1) The name and address of your firm following information on your firm’s that contain BPI must also conform with or entity (including World Wide Web operations on that product during the requirements of sections 201.6, address) and name, telephone number, calendar year 2015, except as noted 207.3, and 207.7 of the Commission’s fax number, and Email address of the (report quantity data in short tons and rules. The Commission’s Handbook on certifying official. value data in U.S. dollars, f.o.b. plant). E-Filing, available on the Commission’s (2) A statement indicating whether If you are a union/worker group or Web site at https://edis.usitc.gov, your firm/entity is an interested party trade/business association, provide the elaborates upon the Commission’s rules under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for with respect to electronic filing. Also, in including whether your firm/entity is a the firms in which your workers are accordance with sections 201.16(c) and U.S. producer of the Domestic Like employed/which are members of your 207.3 of the Commission’s rules, each Product, a U.S. union or worker group, association. document filed by a party to the a U.S. importer of the Subject (a) Production (quantity) and, if proceeding must be served on all other Merchandise, a foreign producer or known, an estimate of the percentage of parties to the proceeding (as identified exporter of the Subject Merchandise, a total U.S. production of the Domestic by either the public or APO service list U.S. or foreign trade or business Like Product accounted for by your as appropriate), and a certificate of association (a majority of whose firm’s(s’) production; service must accompany the document members are interested parties under (b) Capacity (quantity) of your firm to (if you are not a party to the proceeding the statute), or another interested party produce the Domestic Like Product (i.e., you do not need to serve your response). (including an explanation). If you are a the level of production that your No response to this request for union/worker group or trade/business establishment(s) could reasonably have information is required if a currently association, identify the firms in which expected to attain during the year, valid Office of Management and Budget your workers are employed or which are assuming normal operating conditions (OMB) number is not displayed; the members of your association. (using equipment and machinery in OMB number is 3117 0016/USITC No. (3) A statement indicating whether place and ready to operate), normal 16–5–373, expiration date June 30, your firm/entity is willing to participate operating levels (hours per week/weeks 2017. Public reporting burden for the in this proceeding by providing per year), time for downtime, request is estimated to average 15 hours information requested by the maintenance, repair, and cleanup, and a per response. Please send comments Commission. typical or representative product mix); regarding the accuracy of this burden (4) A statement of the likely effects of (c) the quantity and value of U.S. estimate to the Office of Investigations, the revocation of the antidumping duty commercial shipments of the Domestic U.S. International Trade Commission, orders on the Domestic Industry in Like Product produced in your U.S. 500 E Street SW., Washington, DC general and/or your firm/entity plant(s); 20436. specifically. In your response, please (d) the quantity and value of U.S. Inability to provide requested discuss the various factors specified in internal consumption/company information.—Pursuant to section section 752(a) of the Act (19 U.S.C. transfers of the Domestic Like Product 207.61(c) of the Commission’s rules, any 1675a(a)) including the likely volume of produced in your U.S. plant(s); and interested party that cannot furnish the subject imports, likely price effects of (e) the value of (i) net sales, (ii) cost information requested by this notice in subject imports, and likely impact of of goods sold (COGS), (iii) gross profit, the requested form and manner shall imports of Subject Merchandise on the (iv) selling, general and administrative notify the Commission at the earliest Domestic Industry. (SG&A) expenses, and (v) operating possible time, provide a full explanation (5) A list of all known and currently income of the Domestic Like Product of why it cannot provide the requested operating U.S. producers of the produced in your U.S. plant(s) (include information, and indicate alternative Domestic Like Product. Identify any both U.S. and export commercial sales, forms in which it can provide known related parties and the nature of internal consumption, and company equivalent information. If an interested the relationship as defined in section transfers) for your most recently party does not provide this notification 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date (or the Commission finds the 1677(4)(B)). on which your fiscal year ends). explanation provided in the notification (6) A list of all known and currently (10) If you are a U.S. importer or a inadequate) and fails to provide a operating U.S. importers of the Subject trade/business association of U.S. complete response to this notice, the Merchandise and producers of the importers of the Subject Merchandise Commission may take an adverse Subject Merchandise in each Subject from any Subject Country, provide the 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 short tons 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 asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 duties) of U.S. imports Merchandise in more than one Subject (8) A list of known sources of and, if known, an estimate of the Country, you may file a single response. information on national or regional percentage of total U.S. imports of VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1

75848 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices Subject Merchandise from each Subject into production); and factors related to Investigations, U.S. International Trade Country accounted for by your firm’s(s’) the ability to shift supply among Commission, 500 E Street SW., imports; different national markets (including Washington, DC 20436. Hearing- (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign impaired persons can obtain port, including antidumping duties) of markets or changes in market demand information on this matter by contacting U.S. commercial shipments of Subject abroad). Demand conditions to consider the Commission’s TDD terminal on 202– Merchandise imported from each include end uses and applications; the 205–1810. Persons with mobility Subject Country; and existence and availability of substitute impairments who will need special (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 Product 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 Product Commission’s electronic docket (EDIS) provide the following information on and Domestic Industry; if you disagree at https://edis.usitc.gov. your firm’s(s’) operations on that with either or both of these definitions, SUPPLEMENTARY INFORMATION: product during calendar year 2015 please explain why and provide (report quantity data in short tons and Background.— On May 10, 1991, the alternative definitions. Department of Commerce issued an value data in U.S. dollars, landed and duty-paid at the U.S. port but not Authority: This proceeding is being antidumping duty order on imports of including antidumping duties). If you conducted under authority of title VII of the gray portland cement and cement Tariff Act of 1930; this notice is published clinker from Japan (56 FR 21658). are a trade/business association, provide pursuant to section 207.61 of the the information, on an aggregate basis, Following first five-year reviews by Commission’s rules. Commerce and the Commission, for the firms which are members of your association. By order of the Commission. effective November 15, 2000, Commerce (a) Production (quantity) and, if Issued: October 26, 2016. issued a continuation of the known, an estimate of the percentage of Lisa R. Barton, antidumping duty order on imports of total production of Subject Merchandise Secretary to the Commission. gray portland cement and cement in each Subject Country accounted for [FR Doc. 2016–26267 Filed 10–31–16; 8:45 am] clinker from Japan (65 FR 68979). by your firm’s(s’) production; BILLING CODE 7020–02–P Following second five-year reviews by (b) Capacity (quantity) of your firm(s) Commerce and the Commission, to produce the Subject Merchandise in effective June 16, 2006, Commerce each Subject Country (i.e., the level of INTERNATIONAL TRADE issued a continuation of the production that your establishment(s) COMMISSION antidumping duty order on imports of could reasonably have expected to gray portland cement and cement [Investigation No. 731–TA–461 (Fourth clinker from Japan (71 FR 34892). attain during the year, assuming normal Review)] operating conditions (using equipment Following the third five-year reviews by and machinery in place and ready to Gray Portland Cement and Cement Commerce and the Commission, operate), normal operating levels (hours Clinker From Japan; Institution of a effective December 16, 2011, Commerce per week/weeks per year), time for Five-Year Review issued a continuation of the downtime, maintenance, repair, and antidumping duty order on imports of cleanup, and a typical or representative AGENCY: United States International gray portland cement and cement product mix); and Trade Commission. clinker from Japan (76 FR 78240). The (c) the quantity and value of your ACTION: Notice. Commission is now conducting a fourth firm’s(s’) exports to the United States of review pursuant to section 751(c) of the Subject Merchandise and, if known, an SUMMARY: The Commission hereby gives Act, as amended (19 U.S.C. 1675(c)), to estimate of the percentage of total notice that it has instituted a review determine whether revocation of the exports to the United States of Subject pursuant to the Tariff Act of 1930 (‘‘the order would be likely to lead to Merchandise from each Subject Country Act’’), as amended, to determine continuation or recurrence of material accounted for by your firm’s(s’) exports. whether revocation of the antidumping injury to the domestic industry within (12) Identify significant changes, if duty order on gray portland cement and a reasonably foreseeable time. any, in the supply and demand cement clinker from Japan would be Provisions concerning the conduct of conditions or business cycle for the likely to lead to continuation or this proceeding may be found in the Domestic Like Product that have recurrence of material injury. Pursuant Commission’s Rules of Practice and occurred in the United States or in the to the Act, interested parties are Procedure at 19 CFR parts 201, subparts market for the Subject Merchandise in requested to respond to this notice by A and B and 19 CFR part 207, subparts each Subject Country after 2010, and submitting the information specified A and F. The Commission will assess significant changes, if any, that are below to the Commission. the adequacy of interested party asabaliauskas on DSK3SPTVN1PROD with NOTICES likely to occur within a reasonably DATES: Effective November 1, 2016. To responses to this notice of institution to foreseeable time. Supply conditions to be assured of consideration, the determine whether to conduct a full consider include technology; deadline for responses is December 1, review or an expedited review. The production methods; development 2016. Comments on the adequacy of Commission’s determination in any efforts; ability to increase production responses may be filed with the expedited review will be based on the (including the shift of production Commission by January 13, 2017. facts available, which may include facilities used for other products and the FOR FURTHER INFORMATION CONTACT: information provided in response to this use, cost, or availability of major inputs Mary Messer (202–205–3193), Office of notice. VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1


Document Created: 2016-11-01 02:35:44
Document Modified: 2016-11-01 02:35:44
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 November 1, 2016. To be assured of consideration, the deadline for responses is December 1, 2016. Comments on the adequacy of responses may be filed with the Commission by January 13, 2017.
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 75845 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR