82_FR_16285 82 FR 16223 - Fresh Garlic From China; Institution of a Five-Year Review

82 FR 16223 - Fresh Garlic From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range16223-16226
FR Document2017-06427

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on fresh garlic 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 82 Issue 62 (Monday, April 3, 2017)
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16223-16226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06427]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-683 (Fourth Review)]


Fresh Garlic From China; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on fresh 
garlic 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 April 3, 2017. To be assured of consideration, the 
deadline for responses is May 3, 2017. Comments on the adequacy of 
responses may be filed with the Commission by June 15, 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 November 16, 1994, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of fresh 
garlic from China (59 FR 59209). Following first five-year reviews by 
Commerce and the Commission, effective March 13, 2001, Commerce issued 
a continuation

[[Page 16224]]

of the antidumping duty order on imports of fresh garlic from China (66 
FR 14544). Following second five-year reviews by Commerce and the 
Commission, effective October 19, 2006, Commerce issued a continuation 
of the antidumping duty order on imports of fresh garlic from China (71 
FR 61708). Following the third five-year reviews by Commerce and the 
Commission, effective April 30, 2012, Commerce issued a continuation of 
the antidumping duty order on imports of fresh garlic from China (77 FR 
28355, May 14, 2012). The Commission is now conducting a fourth review 
pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), 
to determine whether revocation of the order would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct a full review or an expedited review. The 
Commission's determination in any expedited review will be based on the 
facts available, which may include information provided in response to 
this notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is 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 
determination, the Commission found three separate Domestic Like 
Products consisting of fresh garlic, dehydrated garlic, and seed garlic 
corresponding with the broader scope of the original investigation. 
However, the Commission found that the domestic industries producing 
garlic for dehydration and seed garlic were neither materially injured 
nor threatened with material injury by reason of the subject imports 
from China. One Commissioner defined the Domestic Like Product 
differently in the original determination. Consistent with its Domestic 
Like Product definition in the original investigation, the Commission 
found in its full first five-year review determination and its 
expedited second and third five-year review determinations a single 
Domestic Like Product consisting of all fresh garlic, coextensive with 
Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission found three Domestic Industries consisting of the domestic 
producers of fresh garlic, the domestic producers of dehydrated garlic, 
and the domestic producers of seed garlic to coincide with the three 
Domestic Like Products. The Commission also found that crop tenders 
were not members of the Domestic Industry. One Commissioner defined the 
Domestic Industry differently in the original determination. In its 
full first five-year review determination, consistent with Commerce's 
narrower scope and the Commission's Domestic Like Product definition of 
a single Domestic Like Product consisting of all fresh garlic, the 
Commission found a single Domestic Industry consisting of all producers 
of fresh garlic. In its expedited second and third five-year review 
determinations, the Commission again found a single Domestic Industry 
consisting of all domestic producers of fresh garlic.
    (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

[[Page 16225]]

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 May 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 an expedited or full review. The deadline for filing 
such comments is June 15, 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://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 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. 17-5-381, expiration 
date June 30, 2017. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information to be Provided in Response to this Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2011.
    (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 crop year 2016 (June 2015-May 2016), except as noted 
(report quantity data in pounds and value data in U.S. dollars, f.o.b. 
plant). If you are a union/worker group or trade/business association, 
provide the information, on an aggregate basis, for the firms in which 
your workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (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 the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during crop year 2016 (June 2015-May 2016) (report quantity 
data in pounds and value data in U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for

[[Page 16226]]

the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers 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 crop year 2016 (June 2015-May 2016) 
(report quantity data in pounds and value data in U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in 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 (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 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 after 2011, 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.

    Issued: March 28, 2017.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-06427 Filed 3-31-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                  Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices                                                  16223

                                                  DATES:   Nominations must be received                   during public meetings. The Review                      Authority: (5 U.S.C. Appendix 2); (25
                                                  by July 3, 2017.                                        Committee attempts to meet in person                  U.S.C. 3006).
                                                  ADDRESSES: Melanie O’Brien,                             twice a year and meetings normally last               Alma Ripps,
                                                  Designated Federal Officer, Native                      two or three days. The Review                         Chief, Office of Policy.
                                                  American Graves Protection and                          Committee may hold one or more public
                                                                                                                                                                [FR Doc. 2017–06444 Filed 3–31–17; 8:45 am]
                                                  Repatriation Review Committee,                          teleconferences of several hours
                                                                                                                                                                BILLING CODE 4312–52–P
                                                  National NAGPRA Program (2253),                         duration.
                                                  National Park Service, 1849 C Street                       The Review Committee members
                                                  NW., Room 7360, Washington, DC                          serve without pay but reimbursed for
                                                  20240, (202) 354–2201 or via email                      each day of meeting attendance. Review                INTERNATIONAL TRADE
                                                  nagpra_dfo@nps.gov.                                     Committee members are also                            COMMISSION
                                                  FOR FURTHER INFORMATION CONTACT:                        reimbursed for travel expenses incurred               [Investigation No. 731–TA–683 (Fourth
                                                  Melanie O’Brien, Designated Federal                     in association with Review Committee                  Review)]
                                                  Officer, Native American Graves                         meetings (25 U.S.C. 3006(b)(4)).
                                                  Protection and Repatriation Review                      Additional information regarding the                  Fresh Garlic From China; Institution of
                                                  Committee, National NAGPRA Program                      Review Committee, including the                       a Five-Year Review
                                                  (2253), National Park Service, 1849 C                   Review Committee’s charter, meeting                   AGENCY: United States International
                                                  Street NW., Room 7360, Washington,                      protocol, and dispute resolution                      Trade Commission.
                                                  DC 20240, (202) 354–2201 or via email                   procedures, is available on the National
                                                                                                                                                                ACTION: Notice.
                                                  nagpra_dfo@nps.gov.                                     NAGPRA Program Web site, at
                                                  SUPPLEMENTARY INFORMATION: The                          www.nps.gov/NAGPRA/REVIEW/.                           SUMMARY:    The Commission hereby gives
                                                  Review Committee is responsible for:                       Individuals who are federally                      notice that it has instituted a review
                                                     1. Monitoring the NAGPRA inventory                   registered lobbyists are ineligible to                pursuant to the Tariff Act of 1930 (‘‘the
                                                  and identification process;                             serve on all FACA and non-FACA                        Act’’), as amended, to determine
                                                     2. Reviewing and making findings                     boards, committees, or councils in an                 whether revocation of the antidumping
                                                  related to the identity or cultural                     individual capacity. The term                         duty order on fresh garlic from China
                                                  affiliation of cultural items, or the return            ‘‘individual capacity’’ refers to                     would be likely to lead to continuation
                                                  of such items;                                          individuals who are appointed to                      or recurrence of material injury.
                                                     3. Facilitating the resolution of                    exercise their own individual best                    Pursuant to the Act, interested parties
                                                  disputes;                                               judgment on behalf of the government,                 are requested to respond to this notice
                                                     4. Compiling an inventory of                         such as when they are designated                      by submitting the information specified
                                                  culturally unidentifiable human                         Special Government Employees, rather                  below to the Commission.
                                                  remains and developing a process for                    than being appointed to represent a                   DATES: Effective April 3, 2017. To be
                                                  disposition of such remains;                            particular interest.                                  assured of consideration, the deadline
                                                     5. Consulting with Indian tribes and                    Nominations must:                                  for responses is May 3, 2017. Comments
                                                  Native Hawaiian organizations and
                                                                                                             1. Be submitted by an Indian tribe or              on the adequacy of responses may be
                                                  museums on matters within the scope of
                                                                                                          Native Hawaiian organization on the                   filed with the Commission by June 15,
                                                  the work of the Review Committee
                                                                                                          official letterhead of the Indian tribe or            2017.
                                                  affecting such tribes or organizations;
                                                     6. Consulting with the Secretary of the              Native Hawaiian organization.                         FOR FURTHER INFORMATION CONTACT:
                                                  Interior in the development of                             2. If submitted by an Indian tribe or              Mary Messer (202–205–3193), Office of
                                                  regulations to carry out NAGPRA; and                    Native Hawaiian organization, affirm                  Investigations, U.S. International Trade
                                                     7. Making recommendations regarding                  that the signatory is the official                    Commission, 500 E Street SW.,
                                                  future care of repatriated cultural items.              authorized by the Indian tribe or Native              Washington, DC 20436. Hearing-
                                                     The Review Committee consists of                     Hawaiian organization to submit the                   impaired persons can obtain
                                                  seven members appointed by the                          nomination.                                           information on this matter by contacting
                                                  Secretary of the Interior. The Secretary                                                                      the Commission’s TDD terminal on 202–
                                                                                                             3. If submitted by a Native American
                                                  may not appoint Federal officers or                                                                           205–1810. Persons with mobility
                                                                                                          traditional religious leader, affirm that
                                                  employees to the Review Committee.                                                                            impairments who will need special
                                                                                                          the signatory meets the definition of
                                                  Three members are appointed from                                                                              assistance in gaining access to the
                                                                                                          traditional Native American religious
                                                  nominations submitted by Indian tribes,                                                                       Commission should contact the Office
                                                                                                          leader.
                                                  Native Hawaiian organizations, or                                                                             of the Secretary at 202–205–2000.
                                                                                                             4. Provide the nominator’s original                General information concerning the
                                                  traditional Native American religious
                                                                                                          signature, daytime telephone number,                  Commission may also be obtained by
                                                  leaders. At least two of these members
                                                                                                          and email address.                                    accessing its internet server (https://
                                                  must be traditional Indian religious
                                                  leaders. Three members are appointed                       5. Include the nominee’s full legal                www.usitc.gov). The public record for
                                                  from nominations submitted by national                  name, home address, home telephone                    this proceeding may be viewed on the
                                                  museum or scientific organizations. One                 number, and email address.                            Commission’s electronic docket (EDIS)
                                                  member is appointed from a list of                         Nominations should include the                     at https://edis.usitc.gov.
                                                  persons developed and consented to by                   nominee’s resume providing an                         SUPPLEMENTARY INFORMATION:
                                                  all of the other members.                               adequate description of a nominee’s                      Background.—On November 16, 1994,
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Members serve as Special                             qualifications, including information                 the Department of Commerce
                                                  Government Employees and are                            that would enable the Department of the               (‘‘Commerce’’) issued an antidumping
                                                  required to complete annual ethics                      Interior to make an informed decision                 duty order on imports of fresh garlic
                                                  training. Members are appointed for 4-                  regarding meeting the membership                      from China (59 FR 59209). Following
                                                  year terms and incumbent members may                    requirements of the Committee and                     first five-year reviews by Commerce and
                                                  be reappointed for 2-year terms. The                    permit the Department of the Interior to              the Commission, effective March 13,
                                                  Review Committee’s work is completed                    contact a potential member.                           2001, Commerce issued a continuation


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                                                  16224                           Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices

                                                  of the antidumping duty order on                        expedited second and third five-year                  designated agency ethics official has
                                                  imports of fresh garlic from China (66                  review determinations a single Domestic               advised that a five-year review is not the
                                                  FR 14544). Following second five-year                   Like Product consisting of all fresh                  same particular matter as the underlying
                                                  reviews by Commerce and the                             garlic, coextensive with Commerce’s                   original investigation, and a five-year
                                                  Commission, effective October 19, 2006,                 scope.                                                review is not the same particular matter
                                                  Commerce issued a continuation of the                      (4) The Domestic Industry is the U.S.              as an earlier review of the same
                                                  antidumping duty order on imports of                    producers as a whole of the Domestic                  underlying investigation for purposes of
                                                  fresh garlic from China (71 FR 61708).                  Like Product, or those producers whose                18 U.S.C. 207, the post employment
                                                  Following the third five-year reviews by                collective output of the Domestic Like                statute for Federal employees, and
                                                  Commerce and the Commission,                            Product constitutes a major proportion                Commission rule 201.15(b) (19 CFR
                                                  effective April 30, 2012, Commerce                      of the total domestic production of the               201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                  issued a continuation of the                            product. In its original determination,               73 FR 24609 (May 5, 2008).
                                                  antidumping duty order on imports of                    the Commission found three Domestic                   Consequently, former employees are not
                                                  fresh garlic from China (77 FR 28355,                   Industries consisting of the domestic                 required to seek Commission approval
                                                  May 14, 2012). The Commission is now                    producers of fresh garlic, the domestic               to appear in a review under Commission
                                                  conducting a fourth review pursuant to                  producers of dehydrated garlic, and the               rule 19 CFR 201.15, even if the
                                                  section 751(c) of the Act, as amended                   domestic producers of seed garlic to                  corresponding underlying original
                                                  (19 U.S.C. 1675(c)), to determine                       coincide with the three Domestic Like                 investigation or an earlier review of the
                                                  whether revocation of the order would                   Products. The Commission also found                   same underlying investigation was
                                                  be likely to lead to continuation or                    that crop tenders were not members of                 pending when they were Commission
                                                  recurrence of material injury to the                    the Domestic Industry. One                            employees. For further ethics advice on
                                                  domestic industry within a reasonably                   Commissioner defined the Domestic                     this matter, contact Carol McCue
                                                  foreseeable time. Provisions concerning                 Industry differently in the original                  Verratti, Deputy Agency Ethics Official,
                                                  the conduct of this proceeding may be                   determination. In its full first five-year            at 202–205–3088.
                                                  found in the Commission’s Rules of                      review determination, consistent with                    Limited disclosure of business
                                                  Practice and Procedure at 19 CFR parts                  Commerce’s narrower scope and the                     proprietary information (BPI) under an
                                                  201, subparts A and B and 19 CFR part                   Commission’s Domestic Like Product                    administrative protective order (APO)
                                                  207, subparts A and F. The Commission                   definition of a single Domestic Like                  and APO service list.—Pursuant to
                                                  will assess the adequacy of interested                  Product consisting of all fresh garlic, the           section 207.7(a) of the Commission’s
                                                  party responses to this notice of                       Commission found a single Domestic
                                                                                                                                                                rules, the Secretary will make BPI
                                                  institution to determine whether to                     Industry consisting of all producers of
                                                                                                                                                                submitted in this proceeding available
                                                  conduct a full review or an expedited                   fresh garlic. In its expedited second and
                                                                                                                                                                to authorized applicants under the APO
                                                  review. The Commission’s                                third five-year review determinations,
                                                                                                                                                                issued in the proceeding, provided that
                                                  determination in any expedited review                   the Commission again found a single
                                                                                                                                                                the application is made no later than 21
                                                  will be based on the facts available,                   Domestic Industry consisting of all
                                                                                                                                                                days after publication of this notice in
                                                  which may include information                           domestic producers of fresh garlic.
                                                                                                             (5) An Importer is any person or firm              the Federal Register. Authorized
                                                  provided in response to this notice.
                                                                                                          engaged, either directly or through a                 applicants must represent interested
                                                     Definitions.—The following
                                                                                                          parent company or subsidiary, in                      parties, as defined in 19 U.S.C. 1677(9),
                                                  definitions apply to this review:
                                                     (1) Subject Merchandise is the class or              importing the Subject Merchandise into                who are parties to the proceeding. A
                                                  kind of merchandise that is within the                  the United States from a foreign                      separate service list will be maintained
                                                  scope of the five-year review, as defined               manufacturer or through its selling                   by the Secretary for those parties
                                                  by the Department of Commerce.                          agent.                                                authorized to receive BPI under the
                                                     (2) The Subject Country in this review                  Participation in the proceeding and                APO.
                                                  is China.                                               public service list.—Persons, including                  Certification.—Pursuant to section
                                                     (3) The Domestic Like Product is the                 industrial users of the Subject                       207.3 of the Commission’s rules, any
                                                  domestically produced product or                        Merchandise and, if the merchandise is                person submitting information to the
                                                  products which are like, or in the                      sold at the retail level, representative              Commission in connection with this
                                                  absence of like, most similar in                        consumer organizations, wishing to                    proceeding must certify that the
                                                  characteristics and uses with, the                      participate in the proceeding as parties              information is accurate and complete to
                                                  Subject Merchandise. In its original                    must file an entry of appearance with                 the best of the submitter’s knowledge. In
                                                  determination, the Commission found                     the Secretary to the Commission, as                   making the certification, the submitter
                                                  three separate Domestic Like Products                   provided in section 201.11(b)(4) of the               will acknowledge that information
                                                  consisting of fresh garlic, dehydrated                  Commission’s rules, no later than 21                  submitted in response to this request for
                                                  garlic, and seed garlic corresponding                   days after publication of this notice in              information and throughout this
                                                  with the broader scope of the original                  the Federal Register. The Secretary will              proceeding or other proceeding may be
                                                  investigation. However, the Commission                  maintain a public service list containing             disclosed to and used: (i) By the
                                                  found that the domestic industries                      the names and addresses of all persons,               Commission, its employees and Offices,
                                                  producing garlic for dehydration and                    or their representatives, who are parties             and contract personnel (a) for
                                                  seed garlic were neither materially                     to the proceeding.                                    developing or maintaining the records
                                                  injured nor threatened with material                       Former Commission employees who                    of this or a related proceeding, or (b) in
                                                  injury by reason of the subject imports                 are seeking to appear in Commission                   internal investigations, audits, reviews,
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                                                  from China. One Commissioner defined                    five-year reviews are advised that they               and evaluations relating to the
                                                  the Domestic Like Product differently in                may appear in a review even if they                   programs, personnel, and operations of
                                                  the original determination. Consistent                  participated personally and                           the Commission including under 5
                                                  with its Domestic Like Product                          substantially in the corresponding                    U.S.C. Appendix 3; or (ii) by U.S.
                                                  definition in the original investigation,               underlying original investigation or an               government employees and contract
                                                  the Commission found in its full first                  earlier review of the same underlying                 personnel, solely for cybersecurity
                                                  five-year review determination and its                  investigation. The Commission’s                       purposes. All contract personnel will


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                                                                                  Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices                                              16225

                                                  sign appropriate nondisclosure                          inadequate) and fails to provide a                    (including street address, World Wide
                                                  agreements.                                             complete response to this notice, the                 Web address, and the name, telephone
                                                     Written submissions.—Pursuant to                     Commission may take an adverse                        number, fax number, and Email address
                                                  section 207.61 of the Commission’s                      inference against the party pursuant to               of a responsible official at each firm).
                                                  rules, each interested party response to                section 776(b) of the Act (19 U.S.C.                     (8) A list of known sources of
                                                  this notice must provide the information                1677e(b)) in making its determination in              information on national or regional
                                                  specified below. The deadline for filing                the review.                                           prices for the Domestic Like Product or
                                                  such responses is May 3, 2017. Pursuant                    Information to be Provided in                      the Subject Merchandise in the U.S. or
                                                  to section 207.62(b) of the Commission’s                Response to this Notice of Institution:               other markets.
                                                  rules, eligible parties (as specified in                As used below, the term ‘‘firm’’ includes                (9) If you are a U.S. producer of the
                                                  Commission rule 207.62(b)(1)) may also                  any related firms.                                    Domestic Like Product, provide the
                                                  file comments concerning the adequacy                      (1) The name and address of your firm              following information on your firm’s
                                                  of responses to the notice of institution               or entity (including World Wide Web                   operations on that product during crop
                                                  and whether the Commission should                       address) and name, telephone number,                  year 2016 (June 2015–May 2016), except
                                                  conduct an expedited or full review.                    fax number, and Email address of the                  as noted (report quantity data in pounds
                                                  The deadline for filing such comments                   certifying official.                                  and value data in U.S. dollars, f.o.b.
                                                  is June 15, 2017. All written                              (2) A statement indicating whether                 plant). If you are a union/worker group
                                                  submissions must conform with the                       your firm/entity is an interested party               or trade/business association, provide
                                                  provisions of section 201.8 of the                      under 19 U.S.C. 1677(9) and if so, how,               the information, on an aggregate basis,
                                                  Commission’s rules; any submissions                     including whether your firm/entity is a               for the firms in which your workers are
                                                  that contain BPI must also conform with                 U.S. producer of the Domestic Like                    employed/which are members of your
                                                  the requirements of sections 201.6,                     Product, a U.S. union or worker group,                association.
                                                  207.3, and 207.7 of the Commission’s                    a U.S. importer of the Subject                           (a) Production (quantity) and, if
                                                  rules. The Commission’s Handbook on                     Merchandise, a foreign producer or                    known, an estimate of the percentage of
                                                  E-Filing, available on the Commission’s                 exporter of the Subject Merchandise, a                total U.S. production of the Domestic
                                                  Web site at https://www.usitc.gov/                      U.S. or foreign trade or business                     Like Product accounted for by your
                                                  secretary/documents/handbook_on_                        association (a majority of whose                      firm’s(s’) production;
                                                  filing_procedures.pdf, elaborates upon                  members are interested parties under                     (b) Capacity (quantity) of your firm to
                                                  the Commission’s rules with respect to                  the statute), or another interested party             produce the Domestic Like Product (that
                                                  electronic filing. Also, in accordance                  (including an explanation). If you are a              is, the level of production that your
                                                  with sections 201.16(c) and 207.3 of the                union/worker group or trade/business                  establishment(s) could reasonably have
                                                  Commission’s rules, each document                       association, identify the firms in which              expected to attain during the year,
                                                  filed by a party to the proceeding must                 your workers are employed or which are                assuming normal operating conditions
                                                  be served on all other parties to the                   members of your association.                          (using equipment and machinery in
                                                  proceeding (as identified by either the                    (3) A statement indicating whether                 place and ready to operate), normal
                                                  public or APO service list as                           your firm/entity is willing to participate            operating levels (hours per week/weeks
                                                  appropriate), and a certificate of service              in this proceeding by providing                       per year), time for downtime,
                                                  must accompany the document (if you                     information requested by the                          maintenance, repair, and cleanup, and a
                                                  are not a party to the proceeding you do                Commission.                                           typical or representative product mix);
                                                  not need to serve your response).                          (4) A statement of the likely effects of              (c) the quantity and value of U.S.
                                                     No response to this request for                      the revocation of the antidumping duty                commercial shipments of the Domestic
                                                  information is required if a currently                  order on the Domestic Industry in                     Like Product produced in your U.S.
                                                  valid Office of Management and Budget                   general and/or your firm/entity                       plant(s);
                                                  (OMB) number is not displayed; the                      specifically. In your response, please                   (d) the quantity and value of U.S.
                                                  OMB number is 3117 0016/USITC No.                       discuss the various factors specified in              internal consumption/company
                                                  17–5–381, expiration date June 30,                      section 752(a) of the Act (19 U.S.C.                  transfers of the Domestic Like Product
                                                  2017. Public reporting burden for the                   1675a(a)) including the likely volume of              produced in your U.S. plant(s); and
                                                  request is estimated to average 15 hours                subject imports, likely price effects of                 (e) the value of (i) net sales, (ii) cost
                                                  per response. Please send comments                      subject imports, and likely impact of                 of goods sold (COGS), (iii) gross profit,
                                                  regarding the accuracy of this burden                   imports of Subject Merchandise on the                 (iv) selling, general and administrative
                                                  estimate to the Office of Investigations,               Domestic Industry.                                    (SG&A) expenses, and (v) operating
                                                  U.S. International Trade Commission,                       (5) A list of all known and currently              income of the Domestic Like Product
                                                  500 E Street SW., Washington, DC                        operating U.S. producers of the                       produced in your U.S. plant(s) (include
                                                  20436.                                                  Domestic Like Product. Identify any                   both U.S. and export commercial sales,
                                                     Inability to provide requested                       known related parties and the nature of               internal consumption, and company
                                                  information.—Pursuant to section                        the relationship as defined in section                transfers) for your most recently
                                                  207.61(c) of the Commission’s rules, any                771(4)(B) of the Act (19 U.S.C.                       completed fiscal year (identify the date
                                                  interested party that cannot furnish the                1677(4)(B)).                                          on which your fiscal year ends).
                                                  information requested by this notice in                    (6) A list of all known and currently                 (10) If you are a U.S. importer or a
                                                  the requested form and manner shall                     operating U.S. importers of the Subject               trade/business association of U.S.
                                                  notify the Commission at the earliest                   Merchandise and producers of the                      importers of the Subject Merchandise
                                                  possible time, provide a full explanation               Subject Merchandise in the Subject                    from the Subject Country, provide the
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                                                  of why it cannot provide the requested                  Country that currently export or have                 following information on your firm’s(s’)
                                                  information, and indicate alternative                   exported Subject Merchandise to the                   operations on that product during crop
                                                  forms in which it can provide                           United States or other countries after                year 2016 (June 2015–May 2016) (report
                                                  equivalent information. If an interested                2011.                                                 quantity data in pounds and value data
                                                  party does not provide this notification                   (7) A list of 3–5 leading purchasers in            in U.S. dollars). If you are a trade/
                                                  (or the Commission finds the                            the U.S. market for the Domestic Like                 business association, provide the
                                                  explanation provided in the notification                Product and the Subject Merchandise                   information, on an aggregate basis, for


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                                                  16226                           Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices

                                                  the firms which are members of your                     foreseeable time. Supply conditions to                DATES:  Effective April 3, 2017. To be
                                                  association.                                            consider include technology;                          assured of consideration, the deadline
                                                     (a) The quantity and value (landed,                  production methods; development                       for responses is May 3, 2017. Comments
                                                  duty-paid but not including                             efforts; ability to increase production               on the adequacy of responses may be
                                                  antidumping duties) of U.S. imports                     (including the shift of production                    filed with the Commission by June 15,
                                                  and, if known, an estimate of the                       facilities used for other products and the            2017.
                                                  percentage of total U.S. imports of                     use, cost, or availability of major inputs            FOR FURTHER INFORMATION CONTACT:
                                                  Subject Merchandise from the Subject                    into production); and factors related to              Mary Messer (202–205–3193), Office of
                                                  Country accounted for by your firm’s(s’)                the ability to shift supply among                     Investigations, U.S. International Trade
                                                  imports;                                                different national markets (including                 Commission, 500 E Street SW.,
                                                     (b) the quantity and value (f.o.b. U.S.              barriers to importation in foreign                    Washington, DC 20436. Hearing-
                                                  port, including antidumping duties) of                  markets or changes in market demand                   impaired persons can obtain
                                                  U.S. commercial shipments of Subject                    abroad). Demand conditions to consider                information on this matter by contacting
                                                  Merchandise imported from the Subject                   include end uses and applications; the                the Commission’s TDD terminal on 202–
                                                  Country; and                                            existence and availability of substitute              205–1810. Persons with mobility
                                                     (c) the quantity and value (f.o.b. U.S.              products; and the level of competition                impairments who will need special
                                                  port, including antidumping duties) of                  among the Domestic Like Product                       assistance in gaining access to the
                                                  U.S. internal consumption/company                       produced in the United States, Subject
                                                  transfers of Subject Merchandise                                                                              Commission should contact the Office
                                                                                                          Merchandise produced in the Subject                   of the Secretary at 202–205–2000.
                                                  imported from the Subject Country.                      Country, and such merchandise from
                                                     (11) If you are a producer, an exporter,                                                                   General information concerning the
                                                                                                          other countries.                                      Commission may also be obtained by
                                                  or a trade/business association of
                                                                                                             (13) (Optional) A statement of                     accessing its internet server (https://
                                                  producers or exporters of the Subject
                                                                                                          whether you agree with the above                      www.usitc.gov). The public record for
                                                  Merchandise in the Subject Country,
                                                                                                          definitions of the Domestic Like Product              this proceeding may be viewed on the
                                                  provide the following information on
                                                                                                          and Domestic Industry; if you disagree                Commission’s electronic docket (EDIS)
                                                  your firm’s(s’) operations on that
                                                                                                          with either or both of these definitions,             at https://edis.usitc.gov.
                                                  product during crop year 2016 (June
                                                                                                          please explain why and provide                        SUPPLEMENTARY INFORMATION:
                                                  2015–May 2016) (report quantity data in
                                                                                                          alternative definitions.                                 Background.—On May 10, 2012, the
                                                  pounds and value data in U.S. dollars,
                                                                                                             Authority: This proceeding is being                Department of Commerce issued
                                                  landed and duty-paid at the U.S. port
                                                                                                          conducted under authority of title VII of             antidumping duty orders on imports of
                                                  but not including antidumping duties).
                                                                                                          the Tariff Act of 1930; this notice is                certain stilbenic optical brightening
                                                  If you are a trade/business association,
                                                                                                          published pursuant to section 207.61 of               agents from China and Taiwan (77 FR
                                                  provide the information, on an aggregate
                                                                                                          the Commission’s rules.                               27419 and 27423). The Commission is
                                                  basis, for the firms which are members
                                                  of your association.                                      Issued: March 28, 2017.                             conducting reviews pursuant to section
                                                     (a) Production (quantity) and, if                      By order of the Commission.                         751(c) of the Act, as amended (19 U.S.C.
                                                  known, an estimate of the percentage of                 Lisa R. Barton,                                       1675(c)), to determine whether
                                                  total production of Subject Merchandise                 Secretary to the Commission.                          revocation of the orders would be likely
                                                  in the Subject Country accounted for by                 [FR Doc. 2017–06427 Filed 3–31–17; 8:45 am]
                                                                                                                                                                to lead to continuation or recurrence of
                                                  your firm’s(s’) production;                                                                                   material injury to the domestic industry
                                                                                                          BILLING CODE 7020–02–P
                                                     (b) Capacity (quantity) of your firm(s)                                                                    within a reasonably foreseeable time.
                                                  to produce the Subject Merchandise in                                                                         Provisions concerning the conduct of
                                                  the Subject Country (that is, the level of              INTERNATIONAL TRADE                                   this proceeding may be found in the
                                                  production that your establishment(s)                   COMMISSION                                            Commission’s Rules of Practice and
                                                  could reasonably have expected to                                                                             Procedure at 19 CFR parts 201, Subparts
                                                  attain during the year, assuming normal                                                                       A and B and 19 CFR part 207, subparts
                                                                                                          [Investigation Nos. 731–TA–1186–1187                  A and F. The Commission will assess
                                                  operating conditions (using equipment
                                                                                                          (Review)]
                                                  and machinery in place and ready to                                                                           the adequacy of interested party
                                                  operate), normal operating levels (hours                Certain Stilbenic Optical Brightening                 responses to this notice of institution to
                                                  per week/weeks per year), time for                      Agents From China and Taiwan;                         determine whether to conduct full
                                                  downtime, maintenance, repair, and                      Institution of Five-Year Reviews                      reviews or expedited reviews. The
                                                  cleanup, and a typical or representative                                                                      Commission’s determinations in any
                                                  product mix); and                                       AGENCY: United States International                   expedited reviews will be based on the
                                                     (c) the quantity and value of your                   Trade Commission.                                     facts available, which may include
                                                  firm’s(s’) exports to the United States of              ACTION: Notice.                                       information provided in response to this
                                                  Subject Merchandise and, if known, an                                                                         notice.
                                                  estimate of the percentage of total                     SUMMARY:    The Commission hereby gives                  Definitions.—The following
                                                  exports to the United States of Subject                 notice that it has instituted reviews                 definitions apply to these reviews:
                                                  Merchandise from the Subject Country                    pursuant to the Tariff Act of 1930 (‘‘the                (1) Subject Merchandise is the class or
                                                  accounted for by your firm’s(s’) exports.               Act’’), as amended, to determine                      kind of merchandise that is within the
                                                     (12) Identify significant changes, if                whether revocation of the antidumping                 scope of the five-year reviews, as
                                                  any, in the supply and demand                           duty orders on certain stilbenic optical              defined by the Department of
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                                                  conditions or business cycle for the                    brightening agents from China and                     Commerce.
                                                  Domestic Like Product that have                         Taiwan would be likely to lead to                        (2) The Subject Countries in these
                                                  occurred in the United States or in the                 continuation or recurrence of material                reviews are China and Taiwan.
                                                  market for the Subject Merchandise in                   injury. Pursuant to the Act, interested                  (3) The Domestic Like Product is the
                                                  the Subject Country after 2011, and                     parties are requested to respond to this              domestically produced product or
                                                  significant changes, if any, that are                   notice by submitting the information                  products which are like, or in the
                                                  likely to occur within a reasonably                     specified below to the Commission.                    absence of like, most similar in


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Document Created: 2017-04-01 09:35:54
Document Modified: 2017-04-01 09:35:54
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 April 3, 2017. To be assured of consideration, the deadline for responses is May 3, 2017. Comments on the adequacy of responses may be filed with the Commission by June 15, 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 Citation82 FR 16223 

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