82 FR 16226 - Certain Stilbenic Optical Brightening Agents From China and Taiwan; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range		16226-16229
FR Document		2017-06429

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on certain stilbenic optical brightening agents from China and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

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

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16226-16229]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-06429]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1186-1187 (Review)]

Certain Stilbenic Optical Brightening Agents From China and
Taiwan; Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the antidumping duty orders on
certain stilbenic optical brightening agents from China and Taiwan
would be likely to lead to continuation or recurrence of material
injury. Pursuant to the Act, interested parties are requested to
respond to this notice by submitting the information specified below to
the Commission.

DATES: Effective 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 May 10, 2012, the Department of Commerce issued
antidumping duty orders on imports of certain stilbenic optical
brightening agents from China and Taiwan (77 FR 27419 and 27423). The
Commission is conducting reviews pursuant to section 751(c) of the Act,
as amended (19 U.S.C. 1675(c)), to determine whether revocation of the
orders would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably
foreseeable time. Provisions concerning the conduct of this proceeding
may be found in the Commission's Rules of Practice and Procedure at 19
CFR parts 201, Subparts A and B and 19 CFR part 207, subparts A and F.
The Commission will assess the adequacy of interested party responses
to this notice of institution to determine whether to conduct full
reviews 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 China and Taiwan.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in

[[Page 16227]]

characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission found a single Domestic Like Product
consisting of all forms, states, concentrations, and compositions of
stilbenic optical brightening agent products co-extensive with
Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission defined the Domestic Industry to consist of all U.S.
producers of the Domestic Like Product, namely Clariant Corporation,
BASF Corporation, and 3V Incorporated.
(5) The Order Date is the date that the antidumping duty orders
under review became effective. In these reviews, the Order Date is May
10, 2012.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 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 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 expedited or full reviews. 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. 17-5-383, 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

[[Page 16228]]

Subject Country; or produce Subject Merchandise in more than one
Subject Country, you may file a single response. If you do so, please
ensure that your response to each question includes the information
requested for each pertinent Subject Country. As used below, the term
``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since the Order
Date.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(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 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 any Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 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 the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from each
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from each Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from each Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in any
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 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 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 since the Order Date, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include

[[Page 16229]]

technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in each Subject Country, and such merchandise from
other countries.
(13) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
Title VII of the Tariff Act of 1930; this notice is published pursuant
to section 207.61 of the Commission's rules.

By order of the Commission.

Issued: March 28, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-06429 Filed 3-31-17; 8:45 am]
BILLING CODE 7020-02-P

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
mstockstill on DSK3G9T082PROD with NOTICES

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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Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices 16227

characteristics and uses with, the 73 FR 24609 (May 5, 2008). of responses to the notice of institution
Subject Merchandise. In its original Consequently, former employees are not and whether the Commission should
determinations, the Commission found required to seek Commission approval conduct expedited or full reviews. The
a single Domestic Like Product to appear in a review under Commission deadline for filing such comments is
consisting of all forms, states, rule 19 CFR 201.15, even if the June 15, 2017. All written submissions
concentrations, and compositions of corresponding underlying original must conform with the provisions of
stilbenic optical brightening agent investigation or an earlier review of the section 201.8 of the Commission’s rules;
products co-extensive with Commerce’s same underlying investigation was any submissions that contain BPI must
scope. pending when they were Commission also conform with the requirements of
(4) The Domestic Industry is the U.S. employees. For further ethics advice on sections 201.6, 207.3, and 207.7 of the
producers as a whole of the Domestic this matter, contact Carol McCue Commission’s rules. The Commission’s
Like Product, or those producers whose Verratti, Deputy Agency Ethics Official, Handbook on E-Filing, available on the
collective output of the Domestic Like at 202–205–3088. Commission’s Web site at https://
Product constitutes a major proportion Limited disclosure of business www.usitc.gov/secretary/documents/
of the total domestic production of the proprietary information (BPI) under an handbook_on_filing_procedures.pdf,
product. In its original determinations, administrative protective order (APO) elaborates upon the Commission’s rules
the Commission defined the Domestic and APO service list.—Pursuant to with respect to electronic filing. Also, in
Industry to consist of all U.S. producers section 207.7(a) of the Commission’s accordance with sections 201.16(c) and
of the Domestic Like Product, namely rules, the Secretary will make BPI 207.3 of the Commission’s rules, each
Clariant Corporation, BASF submitted in this proceeding available document filed by a party to the
Corporation, and 3V Incorporated. to authorized applicants under the APO proceeding must be served on all other
(5) The Order Date is the date that the issued in the proceeding, provided that parties to the proceeding (as identified
antidumping duty orders under review the application is made no later than 21 by either the public or APO service list
became effective. In these reviews, the days after publication of this notice in as appropriate), and a certificate of
Order Date is May 10, 2012. the Federal Register. Authorized service must accompany the document
(6) An Importer is any person or firm applicants must represent interested (if you are not a party to the proceeding
engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), you do 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 17–5–383, 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
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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 May 3, 2017. Pursuant response to this Notice of Institution: If
18 U.S.C. 207, the post employment to section 207.62(b) of the Commission’s you are a domestic producer, union/
statute for Federal employees, and rules, eligible parties (as specified in worker group, or trade/business
Commission rule 201.15(b) (19 CFR Commission rule 207.62(b)(1)) may also association; import/export Subject
201.15(b)), 79 FR 3246 (Jan. 17, 2014), file comments concerning the adequacy Merchandise from more than one

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Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices 16229

technology; production methods; filed with the Commission by June 15, coextensive with the scope of the
development efforts; ability to increase 2017. investigation.
production (including the shift of FOR FURTHER INFORMATION CONTACT:
(4) The Domestic Industry is the U.S.
production facilities used for other Mary Messer (202–205–3193), Office of producers as a whole of the Domestic
products and the use, cost, or Investigations, U.S. International Trade Like Product, or those producers whose
availability of major inputs into Commission, 500 E Street SW., collective output of the Domestic Like
production); and factors related to the Product constitutes a major proportion
Washington, DC 20436. Hearing-
ability to shift supply among different of the total domestic production of the
impaired persons can obtain
national markets (including barriers to product. In its original determination,
information on this matter by contacting
importation in foreign markets or the Commission defined the Domestic
the Commission’s TDD terminal on 202–
changes in market demand abroad). Industry as all U.S. producers of steel
205–1810. Persons with mobility
Demand conditions to consider include nails.
impairments who will need special (5) The Order Date is the date that the
end uses and applications; the existence assistance in gaining access to the
and availability of substitute products; antidumping duty order under review
Commission should contact the Office became effective. In this review, the
and the level of competition among the of the Secretary at 202–205–2000.
Domestic Like Product produced in the Order Date is May 10, 2012.
General information concerning the (6) An Importer is any person or firm
United States, Subject Merchandise Commission may also be obtained by
produced in each Subject Country, and engaged, either directly or through a
accessing its internet server (https:// parent company or subsidiary, in
such merchandise from other countries. www.usitc.gov). The public record for
(13) (Optional) A statement of importing the Subject Merchandise into
this proceeding may be viewed on the the United States from a foreign
whether you agree with the above Commission’s electronic docket (EDIS)
definitions of the Domestic Like Product manufacturer or through its selling
at https://edis.usitc.gov. agent.
and Domestic Industry; if you disagree
with either or both of these definitions, SUPPLEMENTARY INFORMATION: Participation in the proceeding and
Background.—On May 10, 2012, the public service list.—Persons, including
please explain why and provide
Department of Commerce issued an industrial users of the Subject
alternative definitions.
Authority: This proceeding is being antidumping duty order on imports of Merchandise and, if the merchandise is
conducted under authority of Title VII certain steel nails from the United Arab sold at the retail level, representative
of the Tariff Act of 1930; this notice is Emirates (77 FR 27421). The consumer organizations, wishing to
published pursuant to section 207.61 of Commission is conducting a review participate in the proceeding as parties
the Commission’s rules. pursuant to section 751(c) of the Act, as must file an entry of appearance with
amended (19 U.S.C. 1675(c)), to the Secretary to the Commission, as
By order of the Commission. provided in section 201.11(b)(4) of the
determine whether revocation of the
Issued: March 28, 2017. Commission’s rules, no later than 21
order would be likely to lead to
Lisa R. Barton, continuation or recurrence of material days after publication of this notice in
Secretary to the Commission. injury to the domestic industry within the Federal Register. The Secretary will
[FR Doc. 2017–06429 Filed 3–31–17; 8:45 am] a reasonably foreseeable time. maintain a public service list containing
BILLING CODE 7020–02–P Provisions concerning the conduct of the names and addresses of all persons,
this proceeding may be found in the or their representatives, who are parties
Commission’s Rules of Practice and to the proceeding.
INTERNATIONAL TRADE Former Commission employees who
Procedure at 19 CFR parts 201, subparts
COMMISSION are seeking to appear in Commission
A and B and 19 CFR part 207, subparts
five-year reviews are advised that they
[Investigation No. 731–TA–1185 (Review)] A and F. The Commission will assess
may appear in a review even if they
the adequacy of interested party participated personally and
Certain Steel Nails From the United responses to this notice of institution to substantially in the corresponding
Arab Emirates; Institution of a Five- determine whether to conduct a full underlying original investigation or an
Year Review review or an expedited review. The earlier review of the same underlying
Commission’s determination in any investigation. The Commission’s
AGENCY: United States International
expedited review will be based on the designated agency ethics official has
Trade Commission.
facts available, which may include advised that a five-year review is not the
ACTION: Notice. information provided in response to this same particular matter as the underlying
SUMMARY: The Commission hereby gives notice. original investigation, and a five-year
notice that it has instituted a review Definitions.—The following review is not the same particular matter
pursuant to the Tariff Act of 1930 (‘‘the definitions apply to this review: as an earlier review of the same
Act’’), as amended, to determine (1) Subject Merchandise is the class or underlying investigation for purposes of
whether revocation of the antidumping kind of merchandise that is within the 18 U.S.C. 207, the post employment
duty order on certain steel nails from scope of the five-year review, as defined statute for Federal employees, and
the United Arab Emirates would be by the Department of Commerce. Commission rule 201.15(b) (19 CFR
likely to lead to continuation or (2) The Subject Country in this review 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
recurrence of material injury. Pursuant is the United Arab Emirates. 73 FR 24609 (May 5, 2008).
to the Act, interested parties are (3) The Domestic Like Product is the Consequently, former employees are not
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requested to respond to this notice by domestically produced product or required to seek Commission approval
submitting the information specified products which are like, or in the to appear in a review under Commission
below to the Commission. absence of like, most similar in rule 19 CFR 201.15, even if the
DATES: Effective April 3, 2017. To be characteristics and uses with, the corresponding underlying original
assured of consideration, the deadline Subject Merchandise. In its original investigation or an earlier review of the
for responses is May 3, 2017. Comments determination, the Commission defined same underlying investigation was
on the adequacy of responses may be the Domestic Like Product as steel nails, pending when they were Commission

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Document Created: 2017-04-01 09:36:27
Document Modified: 2017-04-01 09:36:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
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.
FR Citation		82 FR 16226