81_FR_76062 81 FR 75851 - Helical Spring Lock Washers From China and Taiwan; Institution of Five-Year Reviews

81 FR 75851 - Helical Spring Lock Washers From China and Taiwan; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range75851-75854
FR Document2016-26266

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 helical spring lock washers from China 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 75851-75854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26266]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-624-625 (Fourth Review)]


Helical Spring Lock Washers From China 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 
helical spring lock washers from China 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 June 28, 1993, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of helical 
spring lock washers from Taiwan (58 FR 34567). On October 19, 1993, 
Commerce issued an antidumping duty order on imports of helical spring 
lock washers from China (58 FR 53914). Following first five-year 
reviews by Commerce and the Commission, effective February 23, 2001, 
Commerce issued a continuation of the antidumping duty orders on 
imports of helical spring lock washers from China and Taiwan (66 FR 
11255). Following second five-year reviews by Commerce and the 
Commission, effective July 3, 2006, Commerce issued a continuation of 
the antidumping duty orders on imports of helical spring lock washers 
from China and Taiwan (71 FR 37904). Following the third five-year 
reviews by Commerce and the Commission, effective December 5, 2011, 
Commerce issued a continuation of the antidumping duty orders on 
imports of helical spring lock washers from China and Taiwan (76 FR 
75873). The Commission is now conducting fourth reviews pursuant to 
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine 
whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct full or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to these reviews:

[[Page 75852]]

    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are China and 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, its full first five-year review determinations, and its 
expedited second and third five-year review determinations, the 
Commission defined the Domestic Like Product as helical spring lock 
washers of all sizes and metals.
    (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, its 
full first five-year review determinations, and its expedited second 
and third five-year review determinations, the Commission defined the 
Domestic Industry as all domestic producers of helical spring lock 
washers.
    (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 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. 16-5-371, 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

[[Page 75853]]

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

[[Page 75854]]

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. 2016-26266 Filed 10-31-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                                               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
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    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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                                                    75852                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                       (1) Subject Merchandise is the class or              same particular matter as the underlying                 Written submissions.—Pursuant to
                                                    kind of merchandise that is within the                  original investigation, and a five-year               section 207.61 of the Commission’s
                                                    scope of the five-year reviews, as                      review is not the same particular matter              rules, each interested party response to
                                                    defined by the Department of                            as an earlier review of the same                      this notice must provide the information
                                                    Commerce.                                               underlying investigation for purposes of              specified below. The deadline for filing
                                                       (2) The Subject Countries in these                   18 U.S.C. 207, the post employment                    such responses is December 1, 2016.
                                                    reviews are China and Taiwan.                           statute for Federal employees, and                    Pursuant to section 207.62(b) of the
                                                       (3) The Domestic Like Product is the                 Commission rule 201.15(b) (19 CFR                     Commission’s rules, eligible parties (as
                                                    domestically produced product or                        201.15(b)), 79 FR 3246 (Jan. 17, 2014),               specified in Commission rule
                                                    products which are like, or in the                      73 FR 24609 (May 5, 2008).                            207.62(b)(1)) may also file comments
                                                    absence of like, most similar in                        Consequently, former employees are not                concerning the adequacy of responses to
                                                    characteristics and uses with, the                      required to seek Commission approval                  the notice of institution and whether the
                                                    Subject Merchandise. In its original                    to appear in a review under Commission                Commission should conduct expedited
                                                    determinations, its full first five-year                rule 19 CFR 201.15, even if the                       or full reviews. The deadline for filing
                                                    review determinations, and its                          corresponding underlying original                     such comments is January 13, 2017. All
                                                    expedited second and third five-year                    investigation or an earlier review of the             written submissions must conform with
                                                    review determinations, the Commission                   same underlying investigation was                     the provisions of section 201.8 of the
                                                    defined the Domestic Like Product as                    pending when they were Commission                     Commission’s rules; any submissions
                                                    helical spring lock washers of all sizes                employees. For further ethics advice on               that contain BPI must also conform with
                                                    and metals.                                             this matter, contact Carol McCue                      the requirements of sections 201.6,
                                                       (4) The Domestic Industry is the U.S.                Verratti, Deputy Agency Ethics Official,              207.3, and 207.7 of the Commission’s
                                                    producers as a whole of the Domestic                    at 202–205–3088.                                      rules. The Commission’s Handbook on
                                                    Like Product, or those producers whose                                                                        E-Filing, available on the Commission’s
                                                                                                               Limited disclosure of business
                                                    collective output of the Domestic Like                                                                        Web site at https://edis.usitc.gov,
                                                                                                            proprietary information (BPI) under an
                                                    Product constitutes a major proportion                                                                        elaborates upon the Commission’s rules
                                                    of the total domestic production of the                 administrative protective order (APO)
                                                                                                            and APO service list.—Pursuant to                     with respect to electronic filing. Also, in
                                                    product. In its original determinations,                                                                      accordance with sections 201.16(c) and
                                                    its full first five-year review                         section 207.7(a) of the Commission’s
                                                                                                            rules, the Secretary will make BPI                    207.3 of the Commission’s rules, each
                                                    determinations, and its expedited                                                                             document filed by a party to the
                                                    second and third five-year review                       submitted in this proceeding available
                                                                                                            to authorized applicants under the APO                proceeding must be served on all other
                                                    determinations, the Commission                                                                                parties to the proceeding (as identified
                                                    defined the Domestic Industry as all                    issued in the proceeding, provided that
                                                                                                            the application is made no later than 21              by either the public or APO service list
                                                    domestic producers of helical spring                                                                          as appropriate), and a certificate of
                                                    lock washers.                                           days after publication of this notice in
                                                                                                            the Federal Register. Authorized                      service must accompany the document
                                                       (5) An Importer is any person or firm                                                                      (if you are not a party to the proceeding
                                                    engaged, either directly or through a                   applicants must represent interested
                                                                                                                                                                  you do not need to serve your response).
                                                    parent company or subsidiary, in                        parties, as defined in 19 U.S.C. 1677(9),
                                                                                                                                                                     No response to this request for
                                                    importing the Subject Merchandise into                  who are parties to the proceeding. A
                                                                                                                                                                  information is required if a currently
                                                    the United States from a foreign                        separate service list will be maintained              valid Office of Management and Budget
                                                    manufacturer or through its selling                     by the Secretary for those parties                    (OMB) number is not displayed; the
                                                    agent.                                                  authorized to receive BPI under the                   OMB number is 3117 0016/USITC No.
                                                       Participation in the proceeding and                  APO.                                                  16–5–371, expiration date June 30,
                                                    public service list.—Persons, including                    Certification.—Pursuant to section                 2017. Public reporting burden for the
                                                    industrial users of the Subject                         207.3 of the Commission’s rules, any                  request is estimated to average 15 hours
                                                    Merchandise and, if the merchandise is                  person submitting information to the                  per response. Please send comments
                                                    sold at the retail level, representative                Commission in connection with this                    regarding the accuracy of this burden
                                                    consumer organizations, wishing to                      proceeding must certify that the                      estimate to the Office of Investigations,
                                                    participate in the proceeding as parties                information is accurate and complete to               U.S. International Trade Commission,
                                                    must file an entry of appearance with                   the best of the submitter’s knowledge. In             500 E Street SW., Washington, DC
                                                    the Secretary to the Commission, as                     making the certification, the submitter               20436.
                                                    provided in section 201.11(b)(4) of the                 will acknowledge that information                        Inability to provide requested
                                                    Commission’s rules, no later than 21                    submitted in response to this request for             information.—Pursuant to section
                                                    days after publication of this notice in                information and throughout this                       207.61(c) of the Commission’s rules, any
                                                    the Federal Register. The Secretary will                proceeding or other proceeding may be                 interested party that cannot furnish the
                                                    maintain a public service list containing               disclosed to and used: (i) By the                     information requested by this notice in
                                                    the names and addresses of all persons,                 Commission, its employees and Offices,                the requested form and manner shall
                                                    or their representatives, who are parties               and contract personnel (a) for                        notify the Commission at the earliest
                                                    to the proceeding.                                      developing or maintaining the records                 possible time, provide a full explanation
                                                       Former Commission employees who                      of this or a related proceeding, or (b) in            of why it cannot provide the requested
                                                    are seeking to appear in Commission                     internal investigations, audits, reviews,             information, and indicate alternative
                                                    five-year reviews are advised that they                 and evaluations relating to the                       forms in which it can provide
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                                                    may appear in a review even if they                     programs, personnel, and operations of                equivalent information. If an interested
                                                    participated personally and                             the Commission including under 5                      party does not provide this notification
                                                    substantially in the corresponding                      U.S.C. Appendix 3; or (ii) by U.S.                    (or the Commission finds the
                                                    underlying original investigation or an                 government employees and contract                     explanation provided in the notification
                                                    earlier review of the same underlying                   personnel, solely for cybersecurity                   inadequate) and fails to provide a
                                                    investigation. The Commission’s                         purposes. All contract personnel will                 complete response to this notice, the
                                                    designated agency ethics official has                   sign appropriate nondisclosure                        Commission may take an adverse
                                                    advised that a five-year review is not the              agreements.                                           inference against the party pursuant to


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                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                             75853

                                                    section 776(b) of the Act (19 U.S.C.                    exported Subject Merchandise to the                   operations on that product during
                                                    1677e(b)) in making its determinations                  United States or other countries after                calendar year 2015 (report quantity data
                                                    in the reviews.                                         2010.                                                 in pounds and value data in U.S.
                                                       Information To Be Provided in                           (7) A list of 3–5 leading purchasers in            dollars). If you are a trade/business
                                                    Response to This Notice of Institution:                 the U.S. market for the Domestic Like                 association, provide the information, on
                                                    If 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
                                                    If you do so, please ensure that your                   prices for the Domestic Like Product or               Subject Merchandise from each Subject
                                                    response to each question includes the                  the Subject Merchandise in the U.S. or                Country accounted for by your firm’s(s’)
                                                    information requested for each pertinent                other markets.                                        imports;
                                                    Subject Country. As used below, the                        (9) If you are a U.S. producer of the                 (b) the quantity and value (f.o.b. U.S.
                                                    term ‘‘firm’’ includes any related firms.               Domestic Like Product, provide the                    port, including antidumping duties) of
                                                       (1) The name and address of your firm                following information on your firm’s                  U.S. commercial shipments of Subject
                                                    or entity (including World Wide Web                     operations on that product during                     Merchandise imported from each
                                                    address) and name, telephone number,                    calendar year 2015, except as noted                   Subject Country; and
                                                    fax number, and Email address of the                    (report quantity data in pounds and                      (c) the quantity and value (f.o.b. U.S.
                                                    certifying official.                                    value data in U.S. dollars, f.o.b. plant).            port, including antidumping duties) of
                                                       (2) A statement indicating whether                   If you are a union/worker group or                    U.S. internal consumption/company
                                                    your firm/entity is an interested party                 trade/business association, provide the               transfers of Subject Merchandise
                                                    under 19 U.S.C. 1677(9) and if so, how,                 information, on an aggregate basis, for               imported from each Subject Country.
                                                    including whether your firm/entity is a                 the firms in which your workers are                      (11) If you are a producer, an exporter,
                                                    U.S. producer of the Domestic Like                      employed/which are members of your                    or a trade/business association of
                                                    Product, a U.S. union or worker group,                  association.                                          producers or exporters of the Subject
                                                    a U.S. importer of the Subject                             (a) Production (quantity) and, if                  Merchandise in any Subject Country,
                                                    Merchandise, a foreign producer or                      known, an estimate of the percentage of               provide the following information on
                                                    exporter of the Subject Merchandise, a                  total U.S. production of the Domestic                 your firm’s(s’) operations on that
                                                    U.S. or foreign trade or business                       Like Product accounted for by your                    product during calendar year 2015
                                                    association (a majority of whose                        firm’s(s’) production;                                (report quantity data in pounds and
                                                    members are interested parties under                       (b) Capacity (quantity) of your firm to            value data in U.S. dollars, landed and
                                                    the statute), or another interested party               produce the Domestic Like Product (i.e.,              duty-paid at the U.S. port but not
                                                    (including an explanation). If you are a                the level of production that your                     including antidumping duties). If you
                                                    union/worker group or trade/business                    establishment(s) could reasonably have                are a trade/business association, provide
                                                    association, identify the firms in which                expected to attain during the year,                   the information, on an aggregate basis,
                                                    your workers are employed or which are                  assuming normal operating conditions                  for the firms which are members of your
                                                    members of your association.                            (using equipment and machinery in                     association.
                                                       (3) A statement indicating whether                   place and ready to operate), normal                      (a) Production (quantity) and, if
                                                    your firm/entity is willing to participate              operating levels (hours per week/weeks                known, an estimate of the percentage of
                                                    in this proceeding by providing                         per year), time for downtime,                         total production of Subject Merchandise
                                                    information requested by the                            maintenance, repair, and cleanup, and a               in each Subject Country accounted for
                                                    Commission.                                             typical or representative product mix);               by your firm’s(s’) production;
                                                       (4) A statement of the likely effects of                (c) the quantity and value of U.S.                    (b) Capacity (quantity) of your firm(s)
                                                    the revocation of the antidumping duty                  commercial shipments of the Domestic                  to produce the Subject Merchandise in
                                                    orders on the Domestic Industry in                      Like Product produced in your U.S.                    each Subject Country (i.e., the level of
                                                    general and/or your firm/entity                         plant(s);                                             production that your establishment(s)
                                                    specifically. In your response, please                     (d) the quantity and value of U.S.                 could reasonably have expected to
                                                    discuss the various factors specified in                internal consumption/company                          attain during the year, assuming normal
                                                    section 752(a) of the Act (19 U.S.C.                    transfers of the Domestic Like Product                operating conditions (using equipment
                                                    1675a(a)) including the likely volume of                produced in your U.S. plant(s); and                   and machinery in place and ready to
                                                    subject imports, likely price effects of                   (e) the value of (i) net sales, (ii) cost          operate), normal operating levels (hours
                                                    subject imports, and likely impact of                   of goods sold (COGS), (iii) gross profit,             per week/weeks per year), time for
                                                    imports of Subject Merchandise on the                   (iv) selling, general and administrative              downtime, maintenance, repair, and
                                                    Domestic Industry.                                      (SG&A) expenses, and (v) operating                    cleanup, and a typical or representative
                                                       (5) A list of all known and currently                income of the Domestic Like Product                   product mix); and
                                                    operating U.S. producers of the                         produced in your U.S. plant(s) (include                  (c) the quantity and value of your
                                                    Domestic Like Product. Identify any                     both U.S. and export commercial sales,                firm’s(s’) exports to the United States of
                                                    known related parties and the nature of                 internal consumption, and company                     Subject Merchandise and, if known, an
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the relationship as defined in section                  transfers) for your most recently                     estimate of the percentage of total
                                                    771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date              exports to the United States of Subject
                                                    1677(4)(B)).                                            on which your fiscal year ends).                      Merchandise from each Subject Country
                                                       (6) A list of all known and currently                   (10) If you are a U.S. importer or a               accounted for by your firm’s(s’) exports.
                                                    operating U.S. importers of the Subject                 trade/business association of U.S.                       (12) Identify significant changes, if
                                                    Merchandise and producers of the                        importers of the Subject Merchandise                  any, in the supply and demand
                                                    Subject Merchandise in each Subject                     from any Subject Country, provide the                 conditions or business cycle for the
                                                    Country that currently export or have                   following information on your firm’s(s’)              Domestic Like Product that have


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                                                    75854                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                    occurred in the United States or in the                 are requested to respond to this notice               products which are like, or in the
                                                    market for the Subject Merchandise in                   by submitting the information specified               absence of like, most similar in
                                                    each Subject Country after 2010, and                    below to the Commission.                              characteristics and uses with, the
                                                    significant changes, if any, that are                   DATES: Effective November 1, 2016. To                 Subject Merchandise. In its original
                                                    likely to occur within a reasonably                     be assured of consideration, the                      determinations, the Commission
                                                    foreseeable time. Supply conditions to                  deadline for responses is December 1,                 defined a single Domestic Like Product
                                                    consider include technology;                            2016. Comments on the adequacy of                     as multilayered wood flooring,
                                                    production methods; development                         responses may be filed with the                       coextensive with Commerce’s scope.
                                                    efforts; ability to increase production                 Commission by January 13, 2017.                          (4) The Domestic Industry is the U.S.
                                                    (including the shift of production                                                                            producers as a whole of the Domestic
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    facilities used for other products and the                                                                    Like Product, or those producers whose
                                                                                                            Mary Messer (202–205–3193), Office of
                                                    use, cost, or availability of major inputs                                                                    collective output of the Domestic Like
                                                                                                            Investigations, U.S. International Trade
                                                    into production); and factors related to                                                                      Product constitutes a major proportion
                                                                                                            Commission, 500 E Street SW.,
                                                    the ability to shift supply among                                                                             of the total domestic production of the
                                                                                                            Washington, DC 20436. Hearing-
                                                    different national markets (including                                                                         product. In its original determinations,
                                                                                                            impaired persons can obtain
                                                    barriers to importation in foreign                                                                            the Commission defined the Domestic
                                                                                                            information on this matter by contacting
                                                    markets or changes in market demand                                                                           Industry as all U.S. producers of
                                                                                                            the Commission’s TDD terminal on 202–
                                                    abroad). Demand conditions to consider                                                                        multilayered wood flooring. The
                                                                                                            205–1810. Persons with mobility                       Commission also determined that U.S.
                                                    include end uses and applications; the                  impairments who will need special
                                                    existence and availability of substitute                                                                      Floors merely engages in finishing
                                                                                                            assistance in gaining access to the                   operations and does not perform
                                                    products; and the level of competition                  Commission should contact the Office
                                                    among the Domestic Like Product                                                                               sufficient production-related activities
                                                                                                            of the Secretary at 202–205–2000.                     to warrant inclusion in the Domestic
                                                    produced in the United States, Subject                  General information concerning the
                                                    Merchandise produced in each Subject                                                                          Industry.
                                                                                                            Commission may also be obtained by                       (5) The Order Date is the date that the
                                                    Country, and such merchandise from                      accessing its internet server (https://
                                                    other countries.                                                                                              antidumping and countervailing duty
                                                                                                            www.usitc.gov). The public record for                 orders under review became effective. In
                                                       (13) (Optional) A statement of                       this proceeding may be viewed on the
                                                    whether you agree with the above                                                                              these reviews, the Order Date is
                                                                                                            Commission’s electronic docket (EDIS)                 December 8, 2011.
                                                    definitions of the Domestic Like Product                at https://edis.usitc.gov.                               (6) An Importer is any person or firm
                                                    and Domestic Industry; if you disagree
                                                                                                            SUPPLEMENTARY INFORMATION:                            engaged, either directly or through a
                                                    with either or both of these definitions,                  Background.—On December 8, 2011,                   parent company or subsidiary, in
                                                    please explain why and provide                          the Department of Commerce                            importing the Subject Merchandise into
                                                    alternative definitions.                                (‘‘Commerce’’) issued antidumping and                 the United States from a foreign
                                                      Authority: This proceeding is being                   countervailing duty orders on imports of              manufacturer or through its selling
                                                    conducted under authority of title VII of the           multilayered wood flooring from China                 agent.
                                                    Tariff Act of 1930; this notice is published            (76 FR 76690–76696). The Commission                      Participation in the proceeding and
                                                    pursuant to section 207.61 of the                       is conducting reviews pursuant to                     public service list.—Persons, including
                                                    Commission’s rules.
                                                                                                            section 751(c) of the Act, as amended                 industrial users of the Subject
                                                      By order of the Commission.                           (19 U.S.C. 1675(c)), to determine                     Merchandise and, if the merchandise is
                                                      Issued: October 26, 2016.                             whether revocation of the orders would                sold at the retail level, representative
                                                    Lisa R. Barton,                                         be likely to lead to continuation or                  consumer organizations, wishing to
                                                    Secretary to the Commission.                            recurrence of material injury to the                  participate in the proceeding as parties
                                                    [FR Doc. 2016–26266 Filed 10–31–16; 8:45 am]            domestic industry within a reasonably                 must file an entry of appearance with
                                                    BILLING CODE 7020–02–P
                                                                                                            foreseeable time. Provisions concerning               the Secretary to the Commission, as
                                                                                                            the conduct of this proceeding may be                 provided in section 201.11(b)(4) of the
                                                                                                            found in the Commission’s Rules of                    Commission’s rules, no later than 21
                                                    INTERNATIONAL TRADE                                     Practice and Procedure at 19 CFR parts                days after publication of this notice in
                                                    COMMISSION                                              201, Subparts A and B and 19 CFR part                 the Federal Register. The Secretary will
                                                                                                            207, subparts A and F. The Commission                 maintain a public service list containing
                                                    [Investigation Nos. 701–TA–476 and 731–                                                                       the names and addresses of all persons,
                                                                                                            will assess the adequacy of interested
                                                    TA–1179 (Review)]
                                                                                                            party responses to this notice of                     or their representatives, who are parties
                                                    Multilayered Wood Flooring From                         institution to determine whether to                   to the proceeding.
                                                                                                            conduct full or expedited reviews. The                   Former Commission employees who
                                                    China Institution of Five-Year Reviews
                                                                                                            Commission’s determinations in any                    are seeking to appear in Commission
                                                    AGENCY: United States International                     expedited reviews will be based on the                five-year reviews are advised that they
                                                    Trade Commission.                                       facts available, which may include                    may appear in a review even if they
                                                    ACTION: Notice.                                         information provided in response to this              participated personally and
                                                                                                            notice.                                               substantially in the corresponding
                                                    SUMMARY:    The Commission hereby gives                    Definitions.—The following                         underlying original investigation or an
                                                    notice that it has instituted reviews                                                                         earlier review of the same underlying
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            definitions apply to these reviews:
                                                    pursuant to the Tariff Act of 1930 (‘‘the                  (1) Subject Merchandise is the class or            investigation. The Commission’s
                                                    Act’’), as amended, to determine                        kind of merchandise that is within the                designated agency ethics official has
                                                    whether revocation of the antidumping                   scope of the five-year reviews, as                    advised that a five-year review is not the
                                                    and countervailing duty orders on                       defined by Commerce.                                  same particular matter as the underlying
                                                    multilayered wood flooring from China                      (2) The Subject Country in these                   original investigation, and a five-year
                                                    would be likely to lead to continuation                 reviews is China.                                     review is not the same particular matter
                                                    or recurrence of material injury.                          (3) The Domestic Like Product is the               as an earlier review of the same
                                                    Pursuant to the Act, interested parties                 domestically produced product or                      underlying investigation for purposes of


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Document Created: 2016-11-01 02:36:13
Document Modified: 2016-11-01 02:36:13
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 75851 

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