81_FR_76065 81 FR 75854 - Multilayered Wood Flooring From China Institution of Five-Year Reviews

81 FR 75854 - Multilayered Wood Flooring From China Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range75854-75856
FR Document2016-26263

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 and countervailing duty orders on multilayered wood flooring from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75854-75856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26263]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-476 and 731-TA-1179 (Review)]


Multilayered Wood Flooring From China 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 and countervailing 
duty orders on multilayered wood flooring from China would be likely to 
lead to continuation or recurrence of material injury. Pursuant to the 
Act, interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission.

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

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On December 8, 2011, the Department of Commerce 
(``Commerce'') issued antidumping and countervailing duty orders on 
imports of multilayered wood flooring from China (76 FR 76690-76696). 
The Commission is conducting 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:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by Commerce.
    (2) The Subject Country in these reviews is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission defined a single Domestic Like Product 
as multilayered wood flooring, coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined the Domestic Industry as all U.S. producers of 
multilayered wood flooring. The Commission also determined that U.S. 
Floors merely engages in finishing operations and does not perform 
sufficient production-related activities to warrant inclusion in the 
Domestic Industry.
    (5) The Order Date is the date that the antidumping and 
countervailing duty orders under review became effective. In these 
reviews, the Order Date is December 8, 2011.
    (6) 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

[[Page 75855]]

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. 16-5-370, expiration 
date June 30, 2017. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries since the Order 
Date.
    (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.

[[Page 75856]]

    (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 square feet 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 square feet 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in square feet and value data in U.S. dollars, landed and duty-
paid at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country since the Order Date, 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. 2016-26263 Filed 10-31-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    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


                                               VerDate Sep<11>2014   00:01 Nov 01, 2016   Jkt 241001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\01NON1.SGM   01NON1


                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                             75855

                                                    18 U.S.C. 207, the post employment                      Pursuant to section 207.62(b) of the                  As used below, the term ‘‘firm’’ includes
                                                    statute for Federal employees, and                      Commission’s rules, eligible parties (as              any related firms.
                                                    Commission rule 201.15(b) (19 CFR                       specified in Commission rule                             (1) The name and address of your firm
                                                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 207.62(b)(1)) may also file comments                  or entity (including World Wide Web
                                                    73 FR 24609 (May 5, 2008).                              concerning the adequacy of responses to               address) and name, telephone number,
                                                    Consequently, former employees are not                  the notice of institution and whether the             fax number, and Email address of the
                                                    required to seek Commission approval                    Commission should conduct expedited                   certifying official.
                                                    to appear in a review under Commission                  or full reviews. The deadline for filing                 (2) A statement indicating whether
                                                    rule 19 CFR 201.15, even if the                         such comments is January 13, 2017. All                your firm/entity is an interested party
                                                    corresponding underlying original                       written submissions must conform with                 under 19 U.S.C. 1677(9) and if so, how,
                                                    investigation or an earlier review of the               the provisions of section 201.8 of the                including whether your firm/entity is a
                                                    same underlying investigation was                       Commission’s rules; any submissions                   U.S. producer of the Domestic Like
                                                    pending when they were Commission                       that contain BPI must also conform with               Product, a U.S. union or worker group,
                                                    employees. For further ethics advice on                 the requirements of sections 201.6,                   a U.S. importer of the Subject
                                                    this matter, contact Carol McCue                        207.3, and 207.7 of the Commission’s                  Merchandise, a foreign producer or
                                                    Verratti, Deputy Agency Ethics Official,                rules. The Commission’s Handbook on                   exporter of the Subject Merchandise, a
                                                    at 202–205–3088.                                        E-Filing, available on the Commission’s               U.S. or foreign trade or business
                                                       Limited disclosure of business                       Web site at https://edis.usitc.gov,                   association (a majority of whose
                                                    proprietary information (BPI) under an                  elaborates upon the Commission’s rules                members are interested parties under
                                                    administrative protective order (APO)                   with respect to electronic filing. Also, in           the statute), or another interested party
                                                    and APO service list.—Pursuant to                       accordance with sections 201.16(c) and                (including an explanation). If you are a
                                                    section 207.7(a) of the Commission’s                    207.3 of the Commission’s rules, each                 union/worker group or trade/business
                                                    rules, the Secretary will make BPI                      document filed by a party to the                      association, identify the firms in which
                                                    submitted in this proceeding available                  proceeding must be served on all other                your workers are employed or which are
                                                    to authorized applicants under the APO                  parties to the proceeding (as identified              members of your association.
                                                    issued in the proceeding, provided that                 by either the public or APO service list                 (3) A statement indicating whether
                                                    the application is made no later than 21                as appropriate), and a certificate of                 your firm/entity is willing to participate
                                                    days after publication of this notice in                service must accompany the document                   in this proceeding by providing
                                                    the Federal Register. Authorized                        (if you are not a party to the proceeding             information requested by the
                                                    applicants must represent interested                    you do not need to serve your response).              Commission.
                                                    parties, as defined in 19 U.S.C. 1677(9),                                                                        (4) A statement of the likely effects of
                                                                                                               No response to this request for                    the revocation of the antidumping and
                                                    who are parties to the proceeding. A                    information is required if a currently
                                                    separate service list will be maintained                                                                      countervailing duty orders on the
                                                                                                            valid Office of Management and Budget                 Domestic Industry in general and/or
                                                    by the Secretary for those parties
                                                                                                            (OMB) number is not displayed; the                    your firm/entity specifically. In your
                                                    authorized to receive BPI under the
                                                                                                            OMB number is 3117 0016/USITC No.                     response, please discuss the various
                                                    APO.
                                                       Certification.—Pursuant to section                   16–5–370, expiration date June 30,                    factors specified in section 752(a) of the
                                                    207.3 of the Commission’s rules, any                    2017. Public reporting burden for the                 Act (19 U.S.C. 1675a(a)) including the
                                                    person submitting information to the                    request is estimated to average 15 hours              likely volume of subject imports, likely
                                                    Commission in connection with this                      per response. Please send comments                    price effects of subject imports, and
                                                    proceeding must certify that the                        regarding the accuracy of this burden                 likely impact of imports of Subject
                                                    information is accurate and complete to                 estimate to the Office of Investigations,             Merchandise on the Domestic Industry.
                                                    the best of the submitter’s knowledge. In               U.S. International Trade Commission,                     (5) A list of all known and currently
                                                    making the certification, the submitter                 500 E Street SW., Washington, DC                      operating U.S. producers of the
                                                    will acknowledge that information                       20436.                                                Domestic Like Product. Identify any
                                                    submitted in response to this request for                  Inability to provide requested                     known related parties and the nature of
                                                    information and throughout this                         information.—Pursuant to section                      the relationship as defined in section
                                                    proceeding or other proceeding may be                   207.61(c) of the Commission’s rules, any              771(4)(B) of the Act (19 U.S.C.
                                                    disclosed to and used: (i) By the                       interested party that cannot furnish the              1677(4)(B)).
                                                    Commission, its employees and Offices,                  information requested by this notice in                  (6) A list of all known and currently
                                                    and contract personnel (a) for                          the requested form and manner shall                   operating U.S. importers of the Subject
                                                    developing or maintaining the records                   notify the Commission at the earliest                 Merchandise and producers of the
                                                    of this or a related proceeding, or (b) in              possible time, provide a full explanation             Subject Merchandise in the Subject
                                                    internal investigations, audits, reviews,               of why it cannot provide the requested                Country that currently export or have
                                                    and evaluations relating to the                         information, and indicate alternative                 exported Subject Merchandise to the
                                                    programs, personnel, and operations of                  forms in which it can provide                         United States or other countries since
                                                    the Commission including under 5                        equivalent information. If an interested              the Order Date.
                                                    U.S.C. Appendix 3; or (ii) by U.S.                      party does not provide this notification                 (7) A list of 3–5 leading purchasers in
                                                    government employees and contract                       (or the Commission finds the                          the U.S. market for the Domestic Like
                                                    personnel, solely for cybersecurity                     explanation provided in the notification              Product and the Subject Merchandise
                                                    purposes. All contract personnel will                   inadequate) and fails to provide a                    (including street address, World Wide
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                                                    sign appropriate nondisclosure                          complete response to this notice, the                 Web address, and the name, telephone
                                                    agreements.                                             Commission may take an adverse                        number, fax number, and Email address
                                                       Written submissions.—Pursuant to                     inference against the party pursuant to               of a responsible official at each firm).
                                                    section 207.61 of the Commission’s                      section 776(b) of the Act (19 U.S.C.                     (8) A list of known sources of
                                                    rules, each interested party response to                1677e(b)) in making its determinations                information on national or regional
                                                    this notice must provide the information                in the reviews.                                       prices for the Domestic Like Product or
                                                    specified below. The deadline for filing                   Information To Be Provided in                      the Subject Merchandise in the U.S. or
                                                    such responses is December 1, 2016.                     Response to This Notice of Institution:               other markets.


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                                                    75856                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                       (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            availability of major inputs into
                                                    Domestic Like Product, provide the                      port, including antidumping and/or                    production); and factors related to the
                                                    following information on your firm’s                    countervailing duties) of U.S.                        ability to shift supply among different
                                                    operations on that product during                       commercial shipments of Subject                       national markets (including barriers to
                                                    calendar year 2015, except as noted                     Merchandise imported from the Subject                 importation in foreign markets or
                                                    (report quantity data in square feet and                Country; and                                          changes in market demand abroad).
                                                    value data in U.S. dollars, f.o.b. plant).                 (c) the quantity and value (f.o.b. U.S.            Demand conditions to consider include
                                                    If you are a union/worker group or                      port, including antidumping and/or                    end uses and applications; the existence
                                                    trade/business association, provide the                 countervailing duties) of U.S. internal               and availability of substitute products;
                                                    information, on an aggregate basis, for                 consumption/company transfers of                      and the level of competition among the
                                                    the firms in which your workers are                     Subject Merchandise imported from the                 Domestic Like Product produced in the
                                                    employed/which are members of your                      Subject Country.                                      United States, Subject Merchandise
                                                    association.                                               (11) If you are a producer, an exporter,           produced in the Subject Country, and
                                                       (a) Production (quantity) and, if                    or a trade/business association of                    such merchandise from other countries.
                                                    known, an estimate of the percentage of                 producers or exporters of the Subject                    (13) (OPTIONAL) A statement of
                                                    total U.S. production of the Domestic                   Merchandise in the Subject Country,                   whether you agree with the above
                                                    Like Product accounted for by your                      provide the following information on                  definitions of the Domestic Like Product
                                                    firm’s(s’) production;                                  your firm’s(s’) operations on that                    and Domestic Industry; if you disagree
                                                       (b) Capacity (quantity) of your firm to              product during calendar year 2015                     with either or both of these definitions,
                                                    produce the Domestic Like Product (i.e.,                (report quantity data in square feet and              please explain why and provide
                                                    the level of production that your                       value data in U.S. dollars, landed and                alternative definitions.
                                                    establishment(s) could reasonably have                  duty-paid at the U.S. port but not
                                                    expected to attain during the year,                     including antidumping or                                Authority: This proceeding is being
                                                                                                                                                                  conducted under authority of Title VII of the
                                                    assuming normal operating conditions                    countervailing duties). If you are a                  Tariff Act of 1930; this notice is published
                                                    (using equipment and machinery in                       trade/business association, provide the               pursuant to section 207.61 of the
                                                    place and ready to operate), normal                     information, on an aggregate basis, for               Commission’s rules.
                                                    operating levels (hours per week/weeks                  the firms which are members of your
                                                                                                                                                                    By order of the Commission.
                                                    per year), time for downtime,                           association.
                                                    maintenance, repair, and cleanup, and a                    (a) Production (quantity) and, if                    Issued: October 26, 2016.
                                                    typical or representative product mix);                 known, an estimate of the percentage of               Lisa R. Barton,
                                                       (c) the quantity and value of U.S.                   total production of Subject Merchandise               Secretary to the Commission.
                                                    commercial shipments of the Domestic                    in the Subject Country accounted for by               [FR Doc. 2016–26263 Filed 10–31–16; 8:45 am]
                                                    Like Product produced in your U.S.                      your firm’s(s’) production;                           BILLING CODE 7020–02–P
                                                    plant(s);                                                  (b) Capacity (quantity) of your firm(s)
                                                       (d) the quantity and value of U.S.                   to produce the Subject Merchandise in
                                                    internal consumption/company                            the Subject Country (i.e., the level of               DEPARTMENT OF LABOR
                                                    transfers of the Domestic Like Product                  production that your establishment(s)
                                                    produced in your U.S. plant(s); and                     could reasonably have expected to                     Office of the Secretary
                                                       (e) the value of (i) net sales, (ii) cost            attain during the year, assuming normal
                                                    of goods sold (COGS), (iii) gross profit,               operating conditions (using equipment                 Agency Information Collection
                                                    (iv) selling, general and administrative                and machinery in place and ready to                   Activities; Submission for OMB
                                                    (SG&A) expenses, and (v) operating                      operate), normal operating levels (hours              Review; Comment Request; Notice of
                                                    income of the Domestic Like Product                     per week/weeks per year), time for                    Medical Necessity Criteria Under the
                                                    produced in your U.S. plant(s) (include                 downtime, maintenance, repair, and                    Mental Health Parity and Addiction
                                                    both U.S. and export commercial sales,                  cleanup, and a typical or representative              Equity Act of 2008
                                                    internal consumption, and company                       product mix); and
                                                    transfers) for your most recently                          (c) the quantity and value of your                 ACTION:   Notice.
                                                    completed fiscal year (identify the date                firm’s(s’) exports to the United States of
                                                                                                            Subject Merchandise and, if known, an                 SUMMARY:   The Department of Labor
                                                    on which your fiscal year ends).
                                                       (10) If you are a U.S. importer or a                 estimate of the percentage of total                   (DOL) is submitting the Employee
                                                    trade/business association of U.S.                      exports to the United States of Subject               Benefits Security Administration
                                                    importers of the Subject Merchandise                    Merchandise from the Subject Country                  (EBSA) sponsored information
                                                    from the Subject Country, provide the                   accounted for by your firm’s(s’) exports.             collection request (ICR) titled, ‘‘Notice
                                                    following information on your firm’s(s’)                   (12) Identify significant changes, if              of Medical Necessity Criteria under the
                                                    operations on that product during                       any, in the supply and demand                         Mental Health Parity and Addiction
                                                    calendar year 2015 (report quantity data                conditions or business cycle for the                  Equity Act of 2008,’’ to the Office of
                                                    in square feet and value data in U.S.                   Domestic Like Product that have                       Management and Budget (OMB) for
                                                    dollars). If you are a trade/business                   occurred in the United States or in the               review and approval for continued use,
                                                    association, provide the information, on                market for the Subject Merchandise in                 without change, in accordance with the
                                                    an aggregate basis, for the firms which                 the Subject Country since the Order                   Paperwork Reduction Act of 1995
                                                    are members of your association.                        Date, and significant changes, if any,                (PRA), Public comments on the ICR are
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                                                       (a) The quantity and value (landed,                  that are likely to occur within a                     invited.
                                                    duty-paid but not including                             reasonably foreseeable time. Supply                   DATES: The OMB will consider all
                                                    antidumping or countervailing duties)                   conditions to consider include                        written comments that agency receives
                                                    of U.S. imports and, if known, an                       technology; production methods;                       on or before December 1, 2016.
                                                    estimate of the percentage of total U.S.                development efforts; ability to increase              ADDRESSES: A copy of this ICR with
                                                    imports of Subject Merchandise from                     production (including the shift of                    applicable supporting documentation;
                                                    the Subject Country accounted for by                    production facilities used for other                  including a description of the likely
                                                    your firm’s(s’) imports;                                products and the use, cost, or                        respondents, proposed frequency of


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Document Created: 2016-11-01 02:36:14
Document Modified: 2016-11-01 02:36:14
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 75854 

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