81_FR_86956 81 FR 86725 - Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, and Korea; Institution of Five-Year Reviews

81 FR 86725 - Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, and Korea; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 231 (December 1, 2016)

Page Range86725-86728
FR Document2016-28494

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 cut-to-length carbon-quality steel plate (``CTL plate'') from India, Indonesia, and Korea 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 231 (Thursday, December 1, 2016)
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86725-86728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28494]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-388, 389, and 391 and 731-TA-817, 818, and 
821 (Third Review)]


Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, 
and Korea; 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 cut-to-length carbon-quality steel plate (``CTL plate'') 
from India, Indonesia, and Korea 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 December 1, 2016. To be assured of consideration, the 
deadline for responses is January 3, 2017. Comments on the adequacy of 
responses may be filed with the Commission by February 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 February 10, 2000, the Department of Commerce 
(``Commerce'') issued antidumping and countervailing duty orders on 
imports of CTL plate from India, Indonesia, and Korea (65 FR 6585 and 
6587). Following first five-year reviews by Commerce and the 
Commission, effective December 6, 2005, Commerce issued a continuation 
of the antidumping and countervailing duty orders on CTL plate from 
India, Indonesia, and Korea (70 FR 72607). Following the second five-
year reviews by Commerce and the Commission, effective January 4, 2012, 
Commerce issued a continuation of the antidumping and countervailing 
duty orders on imports of CTL plate from India, Indonesia, and Korea 
(77 FR 264). The Commission is now conducting third 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 the Department 
of Commerce.
    (2) The Subject Countries in these reviews are India, Indonesia, 
and Korea.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations and its full first and second five-year review 
determinations, the Commission defined the Domestic Like Product as all 
domestically produced CTL steel plate that corresponds to Commerce's 
scope description, including grade X-70 plate, micro-alloy steel plate, 
and plate cut from coils.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations and 
its full first and second five-year

[[Page 86726]]

review determinations, the Commission defined the Domestic Industry as 
all producers of CTL steel plate, including processors.
    (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 January 3, 2017. 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 February 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. 16-5-375, expiration 
date June 30, 2017. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or

[[Page 86727]]

exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association (a majority of whose members are interested 
parties under the statute), or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2015, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2010, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.

[[Page 86728]]

    (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: November 22, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-28494 Filed 11-30-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices                                           86725

                                                  meets or exceeds BLM’s FMV estimate.                      Authority: 43 CFR 3420.1                            Korea (65 FR 6585 and 6587). Following
                                                  The lease that may be issued as a result                Edwin L. Roberson,
                                                                                                                                                                first five-year reviews by Commerce and
                                                  of this offering will provide for payment                                                                     the Commission, effective December 6,
                                                                                                          State Director.
                                                  of an annual rental of $3 per acre or                                                                         2005, Commerce issued a continuation
                                                                                                          [FR Doc. 2016–28869 Filed 11–30–16; 8:45 am]
                                                  fraction thereof, and a royalty of 8                                                                          of the antidumping and countervailing
                                                                                                          BILLING CODE 4310–DQ–P                                duty orders on CTL plate from India,
                                                  percent of the value of the coal
                                                  produced by underground mining                                                                                Indonesia, and Korea (70 FR 72607).
                                                  methods. The value of the coal for                                                                            Following the second five-year reviews
                                                  royalty purposes will be determined in                  INTERNATIONAL TRADE                                   by Commerce and the Commission,
                                                                                                          COMMISSION                                            effective January 4, 2012, Commerce
                                                  accordance with 30 CFR part 1206,
                                                                                                                                                                issued a continuation of the
                                                  subpart F.                                              [Investigation Nos. 701–TA–388, 389, and
                                                                                                                                                                antidumping and countervailing duty
                                                     This coal lease application (UTU–                    391 and 731–TA–817, 818, and 821 (Third
                                                                                                          Review)]                                              orders on imports of CTL plate from
                                                  84102) is not subject to case-by-case                                                                         India, Indonesia, and Korea (77 FR 264).
                                                  processing fees pursuant to 43 CFR                      Cut-to-Length Carbon-Quality Steel                    The Commission is now conducting
                                                  3473.2(f). However, the successful                      Plate From India, Indonesia, and                      third reviews pursuant to section 751(c)
                                                  bidder must pay to the BLM the cost                     Korea; Institution of Five-Year Reviews               of the Act, as amended (19 U.S.C.
                                                  BLM incurs for publishing this sale                                                                           1675(c)), to determine whether
                                                  notice. If there is no successful bidder,               AGENCY: United States International                   revocation of the orders would be likely
                                                  the applicant will be responsible for all               Trade Commission.                                     to lead to continuation or recurrence of
                                                  publishing costs.                                       ACTION: Notice.                                       material injury to the domestic industry
                                                                                                                                                                within a reasonably foreseeable time.
                                                     The required detailed statement under                SUMMARY:    The Commission hereby gives               Provisions concerning the conduct of
                                                  43 CFR 3422.2 for the offered tract,                    notice that it has instituted reviews                 this proceeding may be found in the
                                                  including bidding instructions and sale                 pursuant to the Tariff Act of 1930 (‘‘the             Commission’s Rules of Practice and
                                                  procedures under 43 CFR 3422.3–2, and                   Act’’), as amended, to determine                      Procedure at 19 CFR parts 201, subparts
                                                  the terms and conditions of the                         whether revocation of the antidumping                 A and B and 19 CFR part 207, subparts
                                                  proposed coal lease, is available in the                and countervailing duty orders on cut-                A and F. The Commission will assess
                                                  BLM Public Room (Suite 500), Utah                       to-length carbon-quality steel plate                  the adequacy of interested party
                                                  State Office, 440 West 200 South, 5th                   (‘‘CTL plate’’) from India, Indonesia,                responses to this notice of institution to
                                                  Floor, Salt Lake City, Utah 84101–1345.                 and Korea would be likely to lead to                  determine whether to conduct full or
                                                  All case file documents and written                     continuation or recurrence of material                expedited reviews. The Commission’s
                                                  comments submitted by the public on                     injury. Pursuant to the Act, interested               determinations in any expedited
                                                  FMV, except those portions identified as                parties are requested to respond to this              reviews will be based on the facts
                                                  proprietary by the author and meeting                   notice by submitting the information                  available, which may include
                                                  exemptions stated in the Freedom of                     specified below to the Commission.                    information provided in response to this
                                                  Information Act, are available for public               DATES: Effective December 1, 2016. To                 notice.
                                                  inspection during normal business                       be assured of consideration, the                         Definitions.—The following
                                                                                                          deadline for responses is January 3,                  definitions apply to these reviews:
                                                  hours in the BLM Public Room (Suite
                                                                                                          2017. Comments on the adequacy of                        (1) Subject Merchandise is the class or
                                                  500). The actions announced by this                                                                           kind of merchandise that is within the
                                                  notice are consistent with the                          responses may be filed with the
                                                                                                          Commission by February 13, 2017.                      scope of the five-year reviews, as
                                                  Department of the Interior Secretarial                                                                        defined by the Department of
                                                  Order 3338, which allows for the sale                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                Commerce.
                                                  and issuance of a coal lease for a                      Mary Messer (202–205–3193), Office of                    (2) The Subject Countries in these
                                                  pending application where the                           Investigations, U.S. International Trade              reviews are India, Indonesia, and Korea.
                                                  environmental analysis under the                        Commission, 500 E Street SW.,                            (3) The Domestic Like Product is the
                                                  National Environmental Policy Act had                   Washington, DC 20436. Hearing-                        domestically produced product or
                                                  been completed and a Record of                          impaired persons can obtain                           products which are like, or in the
                                                  Decision or Decision Record had been                    information on this matter by contacting              absence of like, most similar in
                                                                                                          the Commission’s TDD terminal on 202–                 characteristics and uses with, the
                                                  issued by the BLM or the applicable
                                                                                                          205–1810. Persons with mobility                       Subject Merchandise. In its original
                                                  surface management agency prior to the
                                                                                                          impairments who will need special                     determinations and its full first and
                                                  issuance of the Order. Here the BLM
                                                                                                          assistance in gaining access to the                   second five-year review determinations,
                                                  held a public hearing and requested                     Commission should contact the Office
                                                  comments on the Environmental Impact                                                                          the Commission defined the Domestic
                                                                                                          of the Secretary at 202–205–2000.                     Like Product as all domestically
                                                  Statement, Maximum Economic                             General information concerning the
                                                  Recovery, and the FMV of the Greens                                                                           produced CTL steel plate that
                                                                                                          Commission may also be obtained by                    corresponds to Commerce’s scope
                                                  Hollow Tract on May 6, 2009. The                        accessing its internet server (https://               description, including grade X–70 plate,
                                                  Governor of the State of Utah                           www.usitc.gov). The public record for                 micro-alloy steel plate, and plate cut
                                                  recommended proceeding with this                        this proceeding may be viewed on the                  from coils.
                                                  lease sale on May 26, 2011.                             Commission’s electronic docket (EDIS)                    (4) The Domestic Industry is the U.S.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                     The United States Forest Service                     at https://edis.usitc.gov.                            producers as a whole of the Domestic
                                                  prepared a Final Supplemental                           SUPPLEMENTARY INFORMATION:                            Like Product, or those producers whose
                                                  Environmental Impact Statement, and                        Background.—On February 10, 2000,                  collective output of the Domestic Like
                                                  signed a Record of Decision consenting                  the Department of Commerce                            Product constitutes a major proportion
                                                  to the sale on October 5, 2015, prior to                (‘‘Commerce’’) issued antidumping and                 of the total domestic production of the
                                                  the issuance of Secretarial Order 3338.                 countervailing duty orders on imports of              product. In its original determinations
                                                                                                          CTL plate from India, Indonesia, and                  and its full first and second five-year


                                             VerDate Sep<11>2014   15:02 Nov 30, 2016   Jkt 241001   PO 00000   Frm 00037   Fmt 4703   Sfmt 4703   E:\FR\FM\01DEN1.SGM   01DEN1


                                                  86726                      Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices

                                                  review determinations, the Commission                   issued in the proceeding, provided that               proceeding (as identified by either the
                                                  defined the Domestic Industry as all                    the application is made no later than 21              public or APO service list as
                                                  producers of CTL steel plate, including                 days after publication of this notice in              appropriate), and a certificate of service
                                                  processors.                                             the Federal Register. Authorized                      must accompany the document (if you
                                                     (5) An Importer is any person or firm                applicants must represent interested                  are not a party to the proceeding you do
                                                  engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),             not need to serve your response).
                                                  parent company or subsidiary, in                        who are parties to the proceeding. A                     No response to this request for
                                                  importing the Subject Merchandise into                  separate service list will be maintained              information is required if a currently
                                                  the United States from a foreign                        by the Secretary for those parties                    valid Office of Management and Budget
                                                  manufacturer or through its selling                     authorized to receive BPI under the                   (OMB) number is not displayed; the
                                                  agent.                                                  APO.                                                  OMB number is 3117 0016/USITC No.
                                                     Participation in the proceeding and                     Certification.—Pursuant to section                 16–5–375, expiration date June 30,
                                                  public service list.—Persons, including                 207.3 of the Commission’s rules, any                  2017. Public reporting burden for the
                                                  industrial users of the Subject                         person submitting information to the                  request is estimated to average 15 hours
                                                  Merchandise and, if the merchandise is                  Commission in connection with this                    per response. Please send comments
                                                  sold at the retail level, representative                proceeding must certify that the                      regarding the accuracy of this burden
                                                  consumer organizations, wishing to                      information is accurate and complete to               estimate to the Office of Investigations,
                                                  participate in the proceeding as parties                the best of the submitter’s knowledge. In             U.S. International Trade Commission,
                                                  must file an entry of appearance with                   making the certification, the submitter               500 E Street SW., Washington, DC
                                                  the Secretary to the Commission, as                     will acknowledge that information                     20436.
                                                  provided in section 201.11(b)(4) of the                 submitted in response to this request for                Inability to provide requested
                                                  Commission’s rules, no later than 21                    information and throughout this                       information.—Pursuant to section
                                                  days after publication of this notice in                proceeding or other proceeding may be                 207.61(c) of the Commission’s rules, any
                                                  the Federal Register. The Secretary will                disclosed to and used: (i) by the                     interested party that cannot furnish the
                                                  maintain a public service list containing               Commission, its employees and Offices,                information requested by this notice in
                                                  the names and addresses of all persons,                 and contract personnel (a) for                        the requested form and manner shall
                                                  or their representatives, who are parties               developing or maintaining the records                 notify the Commission at the earliest
                                                  to the proceeding.                                      of this or a related proceeding, or (b) in            possible time, provide a full explanation
                                                     Former Commission employees who                      internal investigations, audits, reviews,             of why it cannot provide the requested
                                                  are seeking to appear in Commission                     and evaluations relating to the                       information, and indicate alternative
                                                  five-year reviews are advised that they                 programs, personnel, and operations of                forms in which it can provide
                                                  may appear in a review even if they                     the Commission including under 5                      equivalent information. If an interested
                                                  participated personally and                             U.S.C. Appendix 3; or (ii) by U.S.                    party does not provide this notification
                                                  substantially in the corresponding                      government employees and contract                     (or the Commission finds the
                                                  underlying original investigation or an                 personnel, solely for cybersecurity                   explanation provided in the notification
                                                  earlier review of the same underlying                   purposes. All contract personnel will                 inadequate) and fails to provide a
                                                  investigation. The Commission’s                         sign appropriate nondisclosure                        complete response to this notice, the
                                                  designated agency ethics official has                   agreements.                                           Commission may take an adverse
                                                  advised that a five-year review is not the                 Written submissions.—Pursuant to                   inference against the party pursuant to
                                                  same particular matter as the underlying                section 207.61 of the Commission’s                    section 776(b) of the Act (19 U.S.C.
                                                  original investigation, and a five-year                 rules, each interested party response to              1677e(b)) in making its determinations
                                                  review is not the same particular matter                this notice must provide the information              in the reviews.
                                                  as an earlier review of the same                        specified below. The deadline for filing                 Information To Be Provided in
                                                  underlying investigation for purposes of                such responses is January 3, 2017.                    Response to This Notice of Institution: If
                                                  18 U.S.C. 207, the post employment                      Pursuant to section 207.62(b) of the                  you are a domestic producer, union/
                                                  statute for Federal employees, and                      Commission’s rules, eligible parties (as              worker group, or trade/business
                                                  Commission rule 201.15(b) (19 CFR                       specified in Commission rule                          association; import/export Subject
                                                  201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 207.62(b)(1)) may also file comments                  Merchandise from more than one
                                                  73 FR 24609 (May 5, 2008).                              concerning the adequacy of responses to               Subject Country; or produce Subject
                                                  Consequently, former employees are not                  the notice of institution and whether the             Merchandise in more than one Subject
                                                  required to seek Commission approval                    Commission should conduct expedited                   Country, you may file a single response.
                                                  to appear in a review under Commission                  or full reviews. The deadline for filing              If you do so, please ensure that your
                                                  rule 19 CFR 201.15, even if the                         such comments is February 13, 2017.                   response to each question includes the
                                                  corresponding underlying original                       All written submissions must conform                  information requested for each pertinent
                                                  investigation or an earlier review of the               with the provisions of section 201.8 of               Subject Country. As used below, the
                                                  same underlying investigation was                       the Commission’s rules; any                           term ‘‘firm’’ includes any related firms.
                                                  pending when they were Commission                       submissions that contain BPI must also                   (1) The name and address of your firm
                                                  employees. For further ethics advice on                 conform with the requirements of                      or entity (including World Wide Web
                                                  this matter, contact Carol McCue                        sections 201.6, 207.3, and 207.7 of the               address) and name, telephone number,
                                                  Verratti, Deputy Agency Ethics Official,                Commission’s rules. The Commission’s                  fax number, and Email address of the
                                                  at 202–205–3088.                                        Handbook on E-Filing, available on the                certifying official.
                                                     Limited disclosure of business                       Commission’s Web site at https://                        (2) A statement indicating whether
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  proprietary information (BPI) under an                  edis.usitc.gov, elaborates upon the                   your firm/entity is an interested party
                                                  administrative protective order (APO)                   Commission’s rules with respect to                    under 19 U.S.C. 1677(9) and if so, how,
                                                  and APO service list.—Pursuant to                       electronic filing. Also, in accordance                including whether your firm/entity is a
                                                  section 207.7(a) of the Commission’s                    with sections 201.16(c) and 207.3 of the              U.S. producer of the Domestic Like
                                                  rules, the Secretary will make BPI                      Commission’s rules, each document                     Product, a U.S. union or worker group,
                                                  submitted in this proceeding available                  filed by a party to the proceeding must               a U.S. importer of the Subject
                                                  to authorized applicants under the APO                  be served on all other parties to the                 Merchandise, a foreign producer or


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                                                                             Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices                                           86727

                                                  exporter of the Subject Merchandise, a                  total U.S. production of the Domestic                 Merchandise in any Subject Country,
                                                  U.S. or foreign trade or business                       Like Product accounted for by your                    provide the following information on
                                                  association (a majority of whose                        firm’s(s’) production;                                your firm’s(s’) operations on that
                                                  members are interested parties under                       (b) Capacity (quantity) of your firm to            product during calendar year 2015
                                                  the statute), or another interested party               produce the Domestic Like Product (that               (report quantity data in short tons and
                                                  (including an explanation). If you are a                is, the level of production that your                 value data in U.S. dollars, landed and
                                                  union/worker group or trade/business                    establishment(s) could reasonably have                duty-paid at the U.S. port but not
                                                  association, identify the firms in which                expected to attain during the year,                   including antidumping or
                                                  your workers are employed or which are                  assuming normal operating conditions                  countervailing duties). If you are a
                                                  members of your association.                            (using equipment and machinery in                     trade/business association, provide the
                                                     (3) A statement indicating whether                   place and ready to operate), normal                   information, on an aggregate basis, for
                                                  your firm/entity is willing to participate              operating levels (hours per week/weeks                the firms which are members of your
                                                  in this proceeding by providing                         per year), time for downtime,                         association.
                                                  information requested by the                            maintenance, repair, and cleanup, and a                  (a) Production (quantity) and, if
                                                  Commission.                                             typical or representative product mix);               known, an estimate of the percentage of
                                                     (4) A statement of the likely effects of                (c) the quantity and value of U.S.                 total production of Subject Merchandise
                                                  the revocation of the antidumping and                   commercial shipments of the Domestic                  in each Subject Country accounted for
                                                  countervailing duty orders on the                       Like Product produced in your U.S.                    by your firm’s(s’) production;
                                                  Domestic Industry in general and/or                     plant(s);                                                (b) Capacity (quantity) of your firm(s)
                                                  your firm/entity specifically. In your                     (d) the quantity and value of U.S.                 to produce the Subject Merchandise in
                                                  response, please discuss the various                    internal consumption/company                          each Subject Country (that is, the level
                                                  factors specified in section 752(a) of the              transfers of the Domestic Like Product                of production that your establishment(s)
                                                  Act (19 U.S.C. 1675a(a)) including the                  produced in your U.S. plant(s); and                   could reasonably have expected to
                                                  likely volume of subject imports, likely                   (e) the value of (i) net sales, (ii) cost
                                                                                                                                                                attain during the year, assuming normal
                                                  price effects of subject imports, and                   of goods sold (COGS), (iii) gross profit,
                                                                                                                                                                operating conditions (using equipment
                                                  likely impact of imports of Subject                     (iv) selling, general and administrative
                                                                                                                                                                and machinery in place and ready to
                                                  Merchandise on the Domestic Industry.                   (SG&A) expenses, and (v) operating
                                                                                                                                                                operate), normal operating levels (hours
                                                     (5) A list of all known and currently                income of the Domestic Like Product
                                                                                                                                                                per week/weeks per year), time for
                                                  operating U.S. producers of the                         produced in your U.S. plant(s) (include
                                                                                                                                                                downtime, maintenance, repair, and
                                                  Domestic Like Product. Identify any                     both U.S. and export commercial sales,
                                                                                                                                                                cleanup, and a typical or representative
                                                  known related parties and the nature of                 internal consumption, and company
                                                                                                                                                                product mix); and
                                                  the relationship as defined in section                  transfers) for your most recently
                                                                                                                                                                   (c) the quantity and value of your
                                                  771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date
                                                                                                                                                                firm’s(s’) exports to the United States of
                                                  1677(4)(B)).                                            on which your fiscal year ends).
                                                     (6) A list of all known and currently                   (10) If you are a U.S. importer or a               Subject Merchandise and, if known, an
                                                  operating U.S. importers of the Subject                 trade/business association of U.S.                    estimate of the percentage of total
                                                  Merchandise and producers of the                        importers of the Subject Merchandise                  exports to the United States of Subject
                                                  Subject Merchandise in each Subject                     from any Subject Country, provide the                 Merchandise from each Subject Country
                                                  Country that currently export or have                   following information on your firm’s(s’)              accounted for by your firm’s(s’) exports.
                                                  exported Subject Merchandise to the                     operations on that product during                        (12) Identify significant changes, if
                                                  United States or other countries after                  calendar year 2015 (report quantity data              any, in the supply and demand
                                                  2010.                                                   in short tons and value data in U.S.                  conditions or business cycle for the
                                                     (7) A list of 3–5 leading purchasers in              dollars). If you are a trade/business                 Domestic Like Product that have
                                                  the U.S. market for the Domestic Like                   association, provide the information, on              occurred in the United States or in the
                                                  Product and the Subject Merchandise                     an aggregate basis, for the firms which               market for the Subject Merchandise in
                                                  (including street address, World Wide                   are members of your association.                      each Subject Country after 2010, and
                                                  Web address, and the name, telephone                       (a) The quantity and value (landed,                significant changes, if any, that are
                                                  number, fax number, and Email address                   duty-paid but not including                           likely to occur within a reasonably
                                                  of a responsible official at each firm).                antidumping or countervailing duties)                 foreseeable time. Supply conditions to
                                                     (8) A list of known sources of                       of U.S. imports and, if known, an                     consider include technology;
                                                  information on national or regional                     estimate of the percentage of total U.S.              production methods; development
                                                  prices for the Domestic Like Product or                 imports of Subject Merchandise from                   efforts; ability to increase production
                                                  the Subject Merchandise in the U.S. or                  each Subject Country accounted for by                 (including the shift of production
                                                  other markets.                                          your firm’s(s’) imports;                              facilities used for other products and the
                                                     (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            use, cost, or availability of major inputs
                                                  Domestic Like Product, provide the                      port, including antidumping and/or                    into production); and factors related to
                                                  following information on your firm’s                    countervailing duties) of U.S.                        the ability to shift supply among
                                                  operations on that product during                       commercial shipments of Subject                       different national markets (including
                                                  calendar year 2015, except as noted                     Merchandise imported from each                        barriers to importation in foreign
                                                  (report quantity data in short tons and                 Subject Country; and                                  markets or changes in market demand
                                                  value data in U.S. dollars, f.o.b. plant).                 (c) the quantity and value (f.o.b. U.S.            abroad). Demand conditions to consider
                                                                                                                                                                include end uses and applications; the
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                                                  If you are a union/worker group or                      port, including antidumping and/or
                                                  trade/business association, provide the                 countervailing duties) of U.S. internal               existence and availability of substitute
                                                  information, on an aggregate basis, for                 consumption/company transfers of                      products; and the level of competition
                                                  the firms in which your workers are                     Subject Merchandise imported from                     among the Domestic Like Product
                                                  employed/which are members of your                      each Subject Country.                                 produced in the United States, Subject
                                                  association.                                               (11) If you are a producer, an exporter,           Merchandise produced in each Subject
                                                     (a) Production (quantity) and, if                    or a trade/business association of                    Country, and such merchandise from
                                                  known, an estimate of the percentage of                 producers or exporters of the Subject                 other countries.


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                                                  86728                      Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices

                                                     (13) (OPTIONAL) A statement of                       Commission’s electronic docket (EDIS)                 stainless steel wire rod within
                                                  whether you agree with the above                        at https://edis.usitc.gov.                            Commerce’s scope.
                                                  definitions of the Domestic Like Product                SUPPLEMENTARY INFORMATION:                               (4) The Domestic Industry is the U.S.
                                                  and Domestic Industry; if you disagree                     Background.—On December 1, 1993,                   producers as a whole of the Domestic
                                                  with either or both of these definitions,               the Department of Commerce                            Like Product, or those producers whose
                                                  please explain why and provide                          (‘‘Commerce’’) issued an antidumping                  collective output of the Domestic Like
                                                  alternative definitions.                                duty order on imports of stainless steel              Product constitutes a major proportion
                                                    Authority: This proceeding is being                   wire rod from India (58 FR 63335).                    of the total domestic production of the
                                                  conducted under authority of title VII of the           Following first five-year reviews by                  product. In its original determinations,
                                                  Tariff Act of 1930; this notice is published            Commerce and the Commission,                          its full first and second five-year review
                                                  pursuant to section 207.61 of the                       effective August 2, 2000, Commerce                    determinations, and its expedited third
                                                  Commission’s rules.                                     issued a continuation of the                          five-year review determination, the
                                                    By order of the Commission.                           antidumping duty order on imports of                  Commission defined the Domestic
                                                                                                          stainless steel wire rod from India (65               Industry as all domestic producers of
                                                    Issued: November 22, 2016.
                                                                                                          FR 47403). Following second five-year                 stainless steel wire rod.
                                                  Lisa R. Barton,                                                                                                  (5) An Importer is any person or firm
                                                  Secretary to the Commission.                            reviews by Commerce and the
                                                                                                                                                                engaged, either directly or through a
                                                                                                          Commission, effective August 8, 2006,
                                                  [FR Doc. 2016–28494 Filed 11–30–16; 8:45 am]                                                                  parent company or subsidiary, in
                                                                                                          Commerce issued a continuation of the
                                                  BILLING CODE 7020–02–P                                                                                        importing the Subject Merchandise into
                                                                                                          antidumping duty order on imports of
                                                                                                                                                                the United States from a foreign
                                                                                                          stainless steel wire rod from India (71
                                                                                                                                                                manufacturer or through its selling
                                                  INTERNATIONAL TRADE                                     FR 45023). Following the third five-year              agent.
                                                  COMMISSION                                              reviews by Commerce and the                              Participation in the proceeding and
                                                                                                          Commission, effective January 23, 2012,               public service list.—Persons, including
                                                  [Investigation No. 731–TA–638 (Fourth                   Commerce issued a continuation of the
                                                  Review)]                                                                                                      industrial users of the Subject
                                                                                                          antidumping duty order on imports of                  Merchandise and, if the merchandise is
                                                                                                          stainless steel wire rod from India (77               sold at the retail level, representative
                                                  Stainless Steel Wire Rod From India;
                                                                                                          FR 3231). The Commission is now                       consumer organizations, wishing to
                                                  Institution of a Five-Year Review
                                                                                                          conducting a fourth review pursuant to                participate in the proceeding as parties
                                                  AGENCY: United States International                     section 751(c) of the Act, as amended                 must file an entry of appearance with
                                                  Trade Commission.                                       (19 U.S.C. 1675(c)), to determine                     the Secretary to the Commission, as
                                                  ACTION: Notice.                                         whether revocation of the order would                 provided in section 201.11(b)(4) of the
                                                                                                          be likely to lead to continuation or                  Commission’s rules, no later than 21
                                                  SUMMARY:    The Commission hereby gives                 recurrence of material injury to the                  days after publication of this notice in
                                                  notice that it has instituted a review                  domestic industry within a reasonably                 the Federal Register. The Secretary will
                                                  pursuant to the Tariff Act of 1930 (‘‘the               foreseeable time. Provisions concerning               maintain a public service list containing
                                                  Act’’), as amended, to determine                        the conduct of this proceeding may be                 the names and addresses of all persons,
                                                  whether revocation of the antidumping                   found in the Commission’s Rules of                    or their representatives, who are parties
                                                  duty order on stainless steel wire rod                  Practice and Procedure at 19 CFR parts                to the proceeding.
                                                  from India would be likely to lead to                   201, subparts A and B and 19 CFR part                    Former Commission employees who
                                                  continuation or recurrence of material                  207, subparts A and F. The Commission                 are seeking to appear in Commission
                                                  injury. Pursuant to the Act, interested                 will assess the adequacy of interested                five-year reviews are advised that they
                                                  parties are requested to respond to this                party responses to this notice of                     may appear in a review even if they
                                                  notice by submitting the information                    institution to determine whether to                   participated personally and
                                                  specified below to the Commission.                      conduct a full review or an expedited                 substantially in the corresponding
                                                  DATES: Effective December 1, 2016. To                   review. The Commission’s                              underlying original investigation or an
                                                  be assured of consideration, the                        determination in any expedited review                 earlier review of the same underlying
                                                  deadline for responses is January 3,                    will be based on the facts available,                 investigation. The Commission’s
                                                  2017. Comments on the adequacy of                       which may include information                         designated agency ethics official has
                                                  responses may be filed with the                         provided in response to this notice.                  advised that a five-year review is not the
                                                  Commission by February 13, 2017.                           Definitions.—The following                         same particular matter as the underlying
                                                  FOR FURTHER INFORMATION CONTACT:                        definitions apply to this review:                     original investigation, and a five-year
                                                  Mary Messer (202–205–3193), Office of                      (1) Subject Merchandise is the class or            review is not the same particular matter
                                                  Investigations, U.S. International Trade                kind of merchandise that is within the                as an earlier review of the same
                                                  Commission, 500 E Street SW.,                           scope of the five-year review, as defined             underlying investigation for purposes of
                                                  Washington, DC 20436. Hearing-                          by the Department of Commerce.                        18 U.S.C. 207, the post employment
                                                  impaired persons can obtain                                (2) The Subject Country in this review             statute for Federal employees, and
                                                  information on this matter by contacting                is India.                                             Commission rule 201.15(b) (19 CFR
                                                  the Commission’s TDD terminal on 202–                      (3) The Domestic Like Product is the               201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                  205–1810. Persons with mobility                         domestically produced product or                      73 FR 24609 (May 5, 2008).
                                                  impairments who will need special                       products which are like, or in the                    Consequently, former employees are not
                                                  assistance in gaining access to the                     absence of like, most similar in                      required to seek Commission approval
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Commission should contact the Office                    characteristics and uses with, the                    to appear in a review under Commission
                                                  of the Secretary at 202–205–2000.                       Subject Merchandise. In its original                  rule 19 CFR 201.15, even if the
                                                  General information concerning the                      determinations, its full first and second             corresponding underlying original
                                                  Commission may also be obtained by                      five-year review determinations, and its              investigation or an earlier review of the
                                                  accessing its internet server (https://                 expedited third five-year review                      same underlying investigation was
                                                  www.usitc.gov). The public record for                   determination, the Commission defined                 pending when they were Commission
                                                  this proceeding may be viewed on the                    the Domestic Like Product as all                      employees. For further ethics advice on


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Document Created: 2018-02-14 09:00:31
Document Modified: 2018-02-14 09:00:31
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 December 1, 2016. To be assured of consideration, the deadline for responses is January 3, 2017. Comments on the adequacy of responses may be filed with the Commission by February 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 86725 

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