81_FR_76059 81 FR 75848 - Gray Portland Cement and Cement Clinker From Japan; Institution of a Five-Year Review

81 FR 75848 - Gray Portland Cement and Cement Clinker From Japan; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

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

Page Range75848-75851
FR Document2016-26265

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on gray portland cement and cement clinker from Japan 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 75848-75851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26265]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-461 (Fourth Review)]


Gray Portland Cement and Cement Clinker From Japan; Institution 
of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on gray 
portland cement and cement clinker from Japan 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 May 10, 1991, the Department of Commerce issued an 
antidumping duty order on imports of gray portland cement and cement 
clinker from Japan (56 FR 21658). Following first five-year reviews by 
Commerce and the Commission, effective November 15, 2000, Commerce 
issued a continuation of the antidumping duty order on imports of gray 
portland cement and cement clinker from Japan (65 FR 68979). Following 
second five-year reviews by Commerce and the Commission, effective June 
16, 2006, Commerce issued a continuation of the antidumping duty order 
on imports of gray portland cement and cement clinker from Japan (71 FR 
34892). Following the third five-year reviews by Commerce and the 
Commission, effective December 16, 2011, Commerce issued a continuation 
of the antidumping duty order on imports of gray portland cement and 
cement clinker from Japan (76 FR 78240). The Commission is now 
conducting a fourth review pursuant to section 751(c) of the Act, as 
amended (19 U.S.C. 1675(c)), to determine whether revocation of the 
order would be likely to lead to continuation or recurrence of material 
injury to the domestic industry within a reasonably foreseeable time. 
Provisions concerning the conduct of this proceeding may be found in 
the Commission's Rules of Practice and Procedure at 19 CFR parts 201, 
subparts A and B and 19 CFR part 207, subparts A and F. The Commission 
will assess the adequacy of interested party responses to this notice 
of institution to determine whether to conduct a full review or an 
expedited review. The Commission's determination in any expedited 
review will be based on the facts available, which may include 
information provided in response to this notice.

[[Page 75849]]

    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Japan.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, its full first five-year review determination, and its 
expedited second and third five-year review determinations, the 
Commission defined a single Domestic Like Product consisting of gray 
portland cement and cement clinker 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 determination, the 
Commission defined the Domestic Industry as producers of gray portland 
cement and cement clinker, including ``grinding only'' operations. The 
Commission also concluded in its original determination, its full first 
five-year review determination, and its expedited second and third 
five-year review determinations that appropriate circumstances existed 
for a regional industry analysis. In the original investigation, the 
Commission considered whether the Southern California region (defined 
as the counties of San Luis Obispo, Kern, Inyo, Mono, Santa Barbara, 
Ventura, Los Angeles, San Bernardino, Orange, Riverside, San Diego, and 
Imperial), as proposed by the petitioners, or a larger region, the 
State of California, was the appropriate region. In its original 
determination, the Commission determined that both regions satisfied 
the market isolation criteria but found the more appropriate region for 
its analysis was Southern California; one Commissioner found the 
regional industry to consist of producers in the State of California. 
In its full first five-year review determination, the Commission found 
that there had been integration of the Northern and Southern regions of 
California and defined the region as the State of California. The 
Commission also determined that the record in its expedited second and 
third five-year reviews supported a finding of a regional industry 
corresponding to the region of the State of California. For purposes of 
this notice, you should report information separately on each of the 
following Domestic Industries: (1) Producers of gray portland cement 
and cement clinker, including ``grinding only'' operations, located in 
the State of California and (2) producers of gray portland cement and 
cement clinker, including ``grinding only'' operations, located in the 
United States as a whole. Additionally, this notice uses the term 
Domestic Market Area to describe the area served by each Domestic 
Industry. Consequently, for purposes of this notice there are two 
Domestic Market Areas: (1) The State of California and (2) the United 
States.
    (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 Commission 
should conduct an expedited or full review. 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

[[Page 75850]]

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. 16-5-369, 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 determination in the review.
    Information To Be Provided in Response to This Notice of 
Institution: Please provide the requested information separately for 
each Domestic Industry, as previously defined in this notice, and, as 
applicable, its corresponding Domestic Market Area. 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 order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in each Domestic Market Area 
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 in each Domestic Market Area 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 the 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 into each Domestic Market Area and, 
if known, an estimate of the percentage of total U.S. imports into each 
Domestic Market Area of Subject Merchandise from the Subject Country 
accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments into each Domestic Market Area of 
Subject

[[Page 75851]]

Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers into each 
Domestic Market Area of Subject Merchandise imported from the Subject 
Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in 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 the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in each Domestic Market Area or in the market for the Subject 
Merchandise in the 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 the 
Subject Country, and such merchandise from other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
title VII of the 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. 2016-26265 Filed 10-31-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    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.


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                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                            75849

                                                       Definitions.—The following                           purposes of this notice, you should                   pending when they were Commission
                                                    definitions apply to this review:                       report information separately on each of              employees. For further ethics advice on
                                                       (1) Subject Merchandise is the class or              the following Domestic Industries: (1)                this matter, contact Carol McCue
                                                    kind of merchandise that is within the                  Producers of gray portland cement and                 Verratti, Deputy Agency Ethics Official,
                                                    scope of the five-year review, as defined               cement clinker, including ‘‘grinding                  at 202–205–3088.
                                                    by the Department of Commerce.                          only’’ operations, located in the State of               Limited disclosure of business
                                                       (2) The Subject Country in this review               California and (2) producers of gray                  proprietary information (BPI) under an
                                                    is Japan.                                               portland cement and cement clinker,                   administrative protective order (APO)
                                                       (3) The Domestic Like Product is the                 including ‘‘grinding only’’ operations,               and APO service list.—Pursuant to
                                                    domestically produced product or                        located in the United States as a whole.              section 207.7(a) of the Commission’s
                                                    products which are like, or in the                      Additionally, this notice uses the term               rules, the Secretary will make BPI
                                                    absence of like, most similar in                        Domestic Market Area to describe the                  submitted in this proceeding available
                                                    characteristics and uses with, the                      area served by each Domestic Industry.                to authorized applicants under the APO
                                                    Subject Merchandise. In its original                    Consequently, for purposes of this                    issued in the proceeding, provided that
                                                    determination, its full first five-year                 notice there are two Domestic Market                  the application is made no later than 21
                                                    review determination, and its expedited                 Areas: (1) The State of California and (2)            days after publication of this notice in
                                                    second and third five-year review                       the United States.                                    the Federal Register. Authorized
                                                    determinations, the Commission                             (5) An Importer is any person or firm              applicants must represent interested
                                                    defined a single Domestic Like Product                  engaged, either directly or through a                 parties, as defined in 19 U.S.C. 1677(9),
                                                    consisting of gray portland cement and                  parent company or subsidiary, in                      who are parties to the proceeding. A
                                                    cement clinker coextensive with                         importing the Subject Merchandise into                separate service list will be maintained
                                                    Commerce’s scope.                                       the United States from a foreign                      by the Secretary for those parties
                                                       (4) The Domestic Industry is the U.S.                manufacturer or through its selling                   authorized to receive BPI under the
                                                    producers as a whole of the Domestic                    agent.                                                APO.
                                                    Like Product, or those producers whose                     Participation in the proceeding and                   Certification.—Pursuant to section
                                                    collective output of the Domestic Like                  public service list.—Persons, including               207.3 of the Commission’s rules, any
                                                    Product constitutes a major proportion                  industrial users of the Subject                       person submitting information to the
                                                    of the total domestic production of the                 Merchandise and, if the merchandise is                Commission in connection with this
                                                    product. In its original determination,                 sold at the retail level, representative              proceeding must certify that the
                                                    the Commission defined the Domestic                     consumer organizations, wishing to                    information is accurate and complete to
                                                    Industry as producers of gray portland                  participate in the proceeding as parties              the best of the submitter’s knowledge. In
                                                    cement and cement clinker, including                    must file an entry of appearance with                 making the certification, the submitter
                                                    ‘‘grinding only’’ operations. The                       the Secretary to the Commission, as                   will acknowledge that information
                                                    Commission also concluded in its                        provided in section 201.11(b)(4) of the               submitted in response to this request for
                                                    original determination, its full first five-            Commission’s rules, no later than 21                  information and throughout this
                                                    year review determination, and its                      days after publication of this notice in              proceeding or other proceeding may be
                                                    expedited second and third five-year                    the Federal Register. The Secretary will              disclosed to and used: (i) By the
                                                    review determinations that appropriate                  maintain a public service list containing             Commission, its employees and Offices,
                                                    circumstances existed for a regional                    the names and addresses of all persons,               and contract personnel (a) for
                                                    industry analysis. In the original                      or their representatives, who are parties             developing or maintaining the records
                                                    investigation, the Commission                           to the proceeding.                                    of this or a related proceeding, or (b) in
                                                    considered whether the Southern                            Former Commission employees who                    internal investigations, audits, reviews,
                                                    California region (defined as the                       are seeking to appear in Commission                   and evaluations relating to the
                                                    counties of San Luis Obispo, Kern, Inyo,                five-year reviews are advised that they               programs, personnel, and operations of
                                                    Mono, Santa Barbara, Ventura, Los                       may appear in a review even if they                   the Commission including under 5
                                                    Angeles, San Bernardino, Orange,                        participated personally and                           U.S.C. Appendix 3; or (ii) by U.S.
                                                    Riverside, San Diego, and Imperial), as                 substantially in the corresponding                    government employees and contract
                                                    proposed by the petitioners, or a larger                underlying original investigation or an               personnel, solely for cybersecurity
                                                    region, the State of California, was the                earlier review of the same underlying                 purposes. All contract personnel will
                                                    appropriate region. In its original                     investigation. The Commission’s                       sign appropriate nondisclosure
                                                    determination, the Commission                           designated agency ethics official has                 agreements.
                                                    determined that both regions satisfied                  advised that a five-year review is not the               Written submissions.—Pursuant to
                                                    the market isolation criteria but found                 same particular matter as the underlying              section 207.61 of the Commission’s
                                                    the more appropriate region for its                     original investigation, and a five-year               rules, each interested party response to
                                                    analysis was Southern California; one                   review is not the same particular matter              this notice must provide the information
                                                    Commissioner found the regional                         as an earlier review of the same                      specified below. The deadline for filing
                                                    industry to consist of producers in the                 underlying investigation for purposes of              such responses is December 1, 2016.
                                                    State of California. In its full first five-            18 U.S.C. 207, the post employment                    Pursuant to section 207.62(b) of the
                                                    year review determination, the                          statute for Federal employees, and                    Commission’s rules, eligible parties (as
                                                    Commission found that there had been                    Commission rule 201.15(b) (19 CFR                     specified in Commission rule
                                                    integration of the Northern and                         201.15(b)), 79 FR 3246 (Jan. 17, 2014),               207.62(b)(1)) may also file comments
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                                                    Southern regions of California and                      73 FR 24609 (May 5, 2008).                            concerning the adequacy of responses to
                                                    defined the region as the State of                      Consequently, former employees are not                the notice of institution and whether the
                                                    California. The Commission also                         required to seek Commission approval                  Commission should conduct an
                                                    determined that the record in its                       to appear in a review under Commission                expedited or full review. The deadline
                                                    expedited second and third five-year                    rule 19 CFR 201.15, even if the                       for filing such comments is January 13,
                                                    reviews supported a finding of a                        corresponding underlying original                     2017. All written submissions must
                                                    regional industry corresponding to the                  investigation or an earlier review of the             conform with the provisions of section
                                                    region of the State of California. For                  same underlying investigation was                     201.8 of the Commission’s rules; any


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                                                    75850                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                    submissions that contain BPI must also                     (2) A statement indicating whether                 quantity data in short tons and value
                                                    conform with the requirements of                        your firm/entity is an interested party               data in U.S. dollars, f.o.b. plant). If you
                                                    sections 201.6, 207.3, and 207.7 of the                 under 19 U.S.C. 1677(9) and if so, how,               are a union/worker group or trade/
                                                    Commission’s rules. The Commission’s                    including whether your firm/entity is a               business association, provide the
                                                    Handbook on E-Filing, available on the                  U.S. producer of the Domestic Like                    information, on an aggregate basis, for
                                                    Commission’s Web site at https://                       Product, a U.S. union or worker group,                the firms in which your workers are
                                                    edis.usitc.gov, elaborates upon the                     a U.S. importer of the Subject                        employed/which are members of your
                                                    Commission’s rules with respect to                      Merchandise, a foreign producer or                    association.
                                                    electronic filing. Also, in accordance                  exporter of the Subject Merchandise, a                   (a) Production (quantity) and, if
                                                    with sections 201.16(c) and 207.3 of the                U.S. or foreign trade or business                     known, an estimate of the percentage of
                                                    Commission’s rules, each document                       association (a majority of whose                      total U.S. production of the Domestic
                                                    filed by a party to the proceeding must                 members are interested parties under                  Like Product accounted for by your
                                                    be served on all other parties to the                   the statute), or another interested party             firm’s(s’) production;
                                                    proceeding (as identified by either the                 (including an explanation). If you are a                 (b) Capacity (quantity) of your firm to
                                                    public or APO service list as                           union/worker group or trade/business                  produce the Domestic Like Product (i.e.,
                                                    appropriate), and a certificate of service              association, identify the firms in which              the level of production that your
                                                    must accompany the document (if you                     your workers are employed or which are                establishment(s) could reasonably have
                                                    are not a party to the proceeding you do                members of your association.                          expected to attain during the year,
                                                    not need to serve your response).                          (3) A statement indicating whether                 assuming normal operating conditions
                                                       No response to this request for                      your firm/entity is willing to participate            (using equipment and machinery in
                                                    information is required if a currently                  in this proceeding by providing                       place and ready to operate), normal
                                                    valid Office of Management and Budget                   information requested by the                          operating levels (hours per week/weeks
                                                    (OMB) number is not displayed; the                      Commission.                                           per year), time for downtime,
                                                    OMB number is 3117 0016/USITC No.                          (4) A statement of the likely effects of           maintenance, repair, and cleanup, and a
                                                    16–5–369, expiration date June 30,                      the revocation of the antidumping duty                typical or representative product mix);
                                                    2017. Public reporting burden for the                   order on the Domestic Industry in                        (c) the quantity and value of U.S.
                                                    request is estimated to average 15 hours                general and/or your firm/entity                       commercial shipments of the Domestic
                                                    per response. Please send comments                      specifically. In your response, please                Like Product produced in your U.S.
                                                    regarding the accuracy of this burden                   discuss the various factors specified in              plant(s);
                                                    estimate to the Office of Investigations,               section 752(a) of the Act (19 U.S.C.                     (d) the quantity and value of U.S.
                                                    U.S. International Trade Commission,                    1675a(a)) including the likely volume of              internal consumption/company
                                                    500 E Street SW., Washington, DC                        subject imports, likely price effects of              transfers of the Domestic Like Product
                                                    20436.                                                  subject imports, and likely impact of                 produced in your U.S. plant(s); and
                                                       Inability to provide requested                       imports of Subject Merchandise on the                    (e) the value of (i) net sales, (ii) cost
                                                    information.—Pursuant to section                        Domestic Industry.                                    of goods sold (COGS), (iii) gross profit,
                                                    207.61(c) of the Commission’s rules, any                   (5) A list of all known and currently              (iv) selling, general and administrative
                                                    interested party that cannot furnish the                operating U.S. producers of the                       (SG&A) expenses, and (v) operating
                                                    information requested by this notice in                 Domestic Like Product. Identify any                   income of the Domestic Like Product
                                                    the requested form and manner shall                     known related parties and the nature of               produced in your U.S. plant(s) (include
                                                    notify the Commission at the earliest                   the relationship as defined in section                both U.S. and export commercial sales,
                                                    possible time, provide a full explanation               771(4)(B) of the Act (19 U.S.C.                       internal consumption, and company
                                                    of why it cannot provide the requested                  1677(4)(B)).                                          transfers) for your most recently
                                                    information, and indicate alternative                      (6) A list of all known and currently              completed fiscal year (identify the date
                                                    forms in which it can provide                           operating U.S. importers of the Subject               on which your fiscal year ends).
                                                    equivalent information. If an interested                Merchandise and producers of the                         (10) If you are a U.S. importer or a
                                                    party does not provide this notification                Subject Merchandise in the Subject                    trade/business association of U.S.
                                                    (or the Commission finds the                            Country that currently export or have                 importers of the Subject Merchandise
                                                    explanation provided in the notification                exported Subject Merchandise to the                   from the Subject Country, provide the
                                                    inadequate) and fails to provide a                      United States or other countries after                following information on your firm’s(s’)
                                                    complete response to this notice, the                   2010.                                                 operations on that product during
                                                    Commission may take an adverse                             (7) A list of 3–5 leading purchasers in            calendar year 2015 (report quantity data
                                                    inference against the party pursuant to                 each Domestic Market Area for the                     in short tons and value data in U.S.
                                                    section 776(b) of the Act (19 U.S.C.                    Domestic Like Product and the Subject                 dollars). If you are a trade/business
                                                    1677e(b)) in making its determination in                Merchandise (including street address,                association, provide the information, on
                                                    the review.                                             World Wide Web address, and the                       an aggregate basis, for the firms which
                                                       Information To Be Provided in                        name, telephone number, fax number,                   are members of your association.
                                                    Response to This Notice of Institution:                 and Email address of a responsible                       (a) The quantity and value (landed,
                                                    Please provide the requested                            official at each firm).                               duty-paid but not including
                                                    information separately for each                            (8) A list of known sources of                     antidumping duties) of U.S. imports
                                                    Domestic Industry, as previously                        information on national or regional                   into each Domestic Market Area and, if
                                                    defined in this notice, and, as                         prices for the Domestic Like Product or               known, an estimate of the percentage of
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                                                    applicable, its corresponding Domestic                  the Subject Merchandise in the U.S. or                total U.S. imports into each Domestic
                                                    Market Area. As used below, the term                    other markets.                                        Market Area of Subject Merchandise
                                                    ‘‘firm’’ includes any related firms.                       (9) If you are a U.S. producer of the              from the Subject Country accounted for
                                                       (1) The name and address of your firm                Domestic Like Product, provide the                    by your firm’s(s’) imports;
                                                    or entity (including World Wide Web                     following information on your firm’s                     (b) the quantity and value (f.o.b. U.S.
                                                    address) and name, telephone number,                    operations on that product in each                    port, including antidumping duties) of
                                                    fax number, and Email address of the                    Domestic Market Area during calendar                  U.S. commercial shipments into each
                                                    certifying official.                                    year 2015, except as noted (report                    Domestic Market Area of Subject


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                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                            75851

                                                    Merchandise imported from the Subject                   changes in market demand abroad).                     the Commission’s TDD terminal on 202–
                                                    Country; and                                            Demand conditions to consider include                 205–1810. Persons with mobility
                                                       (c) the quantity and value (f.o.b. U.S.              end uses and applications; the existence              impairments who will need special
                                                    port, including antidumping duties) of                  and availability of substitute products;              assistance in gaining access to the
                                                    U.S. internal consumption/company                       and the level of competition among the                Commission should contact the Office
                                                    transfers into each Domestic Market                     Domestic Like Product produced in the                 of the Secretary at 202–205–2000.
                                                    Area of Subject Merchandise imported                    United States, Subject Merchandise                    General information concerning the
                                                    from the Subject Country.                               produced in the Subject Country, and                  Commission may also be obtained by
                                                       (11) If you are a producer, an exporter,             such merchandise from 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 the 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,
                                                    product during calendar year 2015                       please explain why and provide                        SUPPLEMENTARY INFORMATION:
                                                    (report quantity data in short tons and                 alternative definitions.                                 Background.—On June 28, 1993, the
                                                    value data in U.S. dollars, landed and                                                                        Department of Commerce (‘‘Commerce’’)
                                                                                                              Authority: This proceeding is being
                                                    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 helical spring lock washers
                                                    are a trade/business association, provide               pursuant to section 207.61 of the                     from Taiwan (58 FR 34567). On October
                                                    the information, on an aggregate basis,                 Commission’s rules.                                   19, 1993, Commerce issued an
                                                    for the firms which are members of your                                                                       antidumping duty order on imports of
                                                                                                              By order of the Commission.
                                                    association.                                                                                                  helical spring lock washers from China
                                                       (a) Production (quantity) and, if                      Issued: October 26, 2016.
                                                                                                                                                                  (58 FR 53914). Following first five-year
                                                    known, an estimate of the percentage of                 Lisa R. Barton,
                                                                                                                                                                  reviews by Commerce and the
                                                    total production of Subject Merchandise                 Secretary to the Commission.
                                                                                                                                                                  Commission, effective February 23,
                                                    in the Subject Country accounted for by                 [FR Doc. 2016–26265 Filed 10–31–16; 8:45 am]          2001, Commerce issued a continuation
                                                    your firm’s(s’) production;                             BILLING CODE 7020–02–P                                of the antidumping duty orders on
                                                       (b) Capacity (quantity) of your firm(s)                                                                    imports of helical spring lock washers
                                                    to produce the Subject Merchandise in                                                                         from China and Taiwan (66 FR 11255).
                                                    the Subject Country (i.e., the level of                 INTERNATIONAL TRADE                                   Following second five-year reviews by
                                                    production that your establishment(s)                   COMMISSION                                            Commerce and the Commission,
                                                    could reasonably have expected to
                                                                                                            [Investigation Nos. 731–TA–624–625 (Fourth            effective July 3, 2006, Commerce issued
                                                    attain during the year, assuming normal                 Review)]                                              a continuation of the antidumping duty
                                                    operating conditions (using equipment
                                                                                                                                                                  orders on imports of helical spring lock
                                                    and machinery in place and ready to                     Helical Spring Lock Washers From                      washers from China and Taiwan (71 FR
                                                    operate), normal operating levels (hours                China and Taiwan; Institution of Five-                37904). Following the third five-year
                                                    per week/weeks per year), time for                      Year Reviews                                          reviews by Commerce and the
                                                    downtime, maintenance, repair, and
                                                                                                            AGENCY: United States International                   Commission, effective December 5,
                                                    cleanup, and a typical or representative
                                                                                                            Trade Commission.                                     2011, Commerce issued a continuation
                                                    product mix); and
                                                       (c) the quantity and value of your                   ACTION: Notice.
                                                                                                                                                                  of the antidumping duty orders on
                                                    firm’s(s’) exports to the United States of                                                                    imports of helical spring lock washers
                                                    Subject Merchandise and, if known, an                   SUMMARY:    The Commission hereby gives               from China and Taiwan (76 FR 75873).
                                                    estimate of the percentage of total                     notice that it has instituted reviews                 The Commission is now conducting
                                                    exports to the United States of Subject                 pursuant to the Tariff Act of 1930 (‘‘the             fourth reviews pursuant to section
                                                    Merchandise from the Subject Country                    Act’’), as amended, to determine                      751(c) of the Act, as amended (19 U.S.C.
                                                    accounted for by your firm’s(s’) exports.               whether revocation of the antidumping                 1675(c)), to determine whether
                                                       (12) Identify significant changes, if                duty orders on helical spring lock                    revocation of the orders would be likely
                                                    any, in the supply and demand                           washers from China and Taiwan would                   to lead to continuation or recurrence of
                                                    conditions or business cycle for the                    be likely to lead to continuation or                  material injury to the domestic industry
                                                    Domestic Like Product that have                         recurrence of material injury. Pursuant               within a reasonably foreseeable time.
                                                    occurred in each Domestic Market Area                   to the Act, interested parties are                    Provisions concerning the conduct of
                                                    or in the market for the Subject                        requested to respond to this notice by                this proceeding may be found in the
                                                    Merchandise in the Subject Country                      submitting the information specified                  Commission’s Rules of Practice and
                                                    after 2010, and significant changes, if                 below to the Commission.                              Procedure at 19 CFR parts 201, subparts
                                                    any, that are likely to occur within a                  DATES: Effective November 1, 2016. To                 A and B and 19 CFR part 207, subparts
                                                    reasonably foreseeable time. Supply                     be assured of consideration, the                      A and F. The Commission will assess
                                                    conditions to consider include                          deadline for responses is December 1,                 the adequacy of interested party
                                                    technology; production methods;                         2016. Comments on the adequacy of                     responses to this notice of institution to
                                                    development efforts; ability to increase                responses may be filed with the                       determine whether to conduct full or
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                                                    production (including the shift of                      Commission by January 13, 2017.                       expedited reviews. The Commission’s
                                                    production facilities used for other                    FOR FURTHER INFORMATION CONTACT:                      determinations in any expedited
                                                    products and the use, cost, or                          Mary Messer (202–205–3193), Office of                 reviews will be based on the facts
                                                    availability of major inputs into                       Investigations, U.S. International Trade              available, which may include
                                                    production); and factors related to the                 Commission, 500 E Street SW.,                         information provided in response to this
                                                    ability to shift supply among different                 Washington, DC 20436. Hearing-                        notice.
                                                    national markets (including barriers to                 impaired persons can obtain                              Definitions.—The following
                                                    importation in foreign markets or                       information on this matter by contacting              definitions apply to these reviews:


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Document Created: 2016-11-01 02:36:11
Document Modified: 2016-11-01 02:36:11
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 75848 

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