82 FR 25324 - Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range		25324-25327
FR Document		2017-11048
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 stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines 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 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25324-25327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11048]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-865-867 (Third Review)]


Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and 
the Philippines; 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 
stainless steel butt-weld pipe fittings from Italy, Malaysia, and the 
Philippines 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 June 1, 2017. To be assured of consideration, the 
deadline for responses is July 3, 2017. Comments on the adequacy of 
responses may be filed with the Commission by August 14, 2017.

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

SUPPLEMENTARY INFORMATION:
    Background.--On February 23, 2001, the Department of Commerce 
(``Commerce'') issued antidumping duty orders on imports of stainless 
steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines 
(66 FR 11257). Following first five-year reviews by Commerce and the 
Commission, effective December 11, 2006, Commerce issued a continuation 
of the antidumping duty orders on imports of stainless steel butt-weld 
pipe fittings from Italy, Malaysia, and the Philippines (71 FR 71530). 
Following the second five-year reviews by Commerce and the Commission, 
effective July 20, 2012, Commerce issued a continuation of the 
antidumping duty orders on imports of stainless steel butt-weld pipe 
fittings from Italy, Malaysia, and the Philippines (77 FR 42697). The 
Commission is now conducting third reviews pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full or expedited reviews. The Commission's determinations in 
any expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by Commerce.
    (2) The Subject Countries in these reviews are Italy, Malaysia, and 
the Philippines.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, its full first five-year review determinations, and its 
expedited second five-year review determinations, the Commission 
defined the Domestic Like Product as all stainless steel butt-weld pipe 
fittings coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined the Domestic Industry as all domestic producers of 
stainless steel butt-weld pipe fittings, although one domestic producer 
was excluded from the domestic industry under the related parties 
provision. In its full first five-year review determinations and its 
expedited second five-year review determinations, the

[[Page 25325]]

Commission defined the Domestic Industry as all domestic producers of 
stainless steel butt-weld pipe fittings.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is July 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 August 14, 2017. All written submissions must conform with 
the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's Handbook on E-Filing, available on the Commission's Web 
site at https://edis.usitc.gov, elaborates upon the Commission's rules 
with respect to electronic filing. Also, in accordance with sections 
201.16(c) and 207.3 of the Commission's rules, each document filed by a 
party to the proceeding must be served on all other parties to the 
proceeding (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the proceeding you do not need to serve your 
response).
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 17-5-387, expiration 
date June 30, 2017. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business

[[Page 25326]]

association (a majority of whose members are interested parties under 
the statute), or another interested party (including an explanation). 
If you are a union/worker group or trade/business association, identify 
the firms in which your workers are employed or which are members of 
your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 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 or 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 after 2010, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions,

[[Page 25327]]

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: May 24, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-11048 Filed 5-31-17; 8:45 am]
BILLING CODE 7020-02-P
25324 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

applicable law or regulations. No INTERNATIONAL TRADE the second five-year reviews by
contractual or other rights against the COMMISSION Commerce and the Commission,
United States may accrue until the BLM effective July 20, 2012, Commerce
[Investigation Nos. 731–TA–865–867 (Third
officially accepts the offer to purchase issued a continuation of the
Review)]
and the full price is paid. antidumping duty orders on imports of
Stainless Steel Butt-Weld Pipe Fittings stainless steel butt-weld pipe fittings
The parcel may be subject to land use
From Italy, Malaysia, and the from Italy, Malaysia, and the
applications received prior to Philippines (77 FR 42697). The
publication of this Notice if processing Philippines; Institution of Five-Year
Reviews Commission is now conducting third
the application would have no adverse reviews pursuant to section 751(c) of the
effect on the marketability of title, or the AGENCY: United States International Act, as amended (19 U.S.C. 1675(c)), to
fair market value of the parcel. Trade Commission. determine whether revocation of the
Information concerning the sale, ACTION: Notice. orders would be likely to lead to
encumbrances of record, appraisals, continuation or recurrence of material
reservations, procedures, and SUMMARY: The Commission hereby gives injury to the domestic industry within
conditions, CERCLA, and other notice that it has instituted reviews a reasonably foreseeable time.
environmental documents that may pursuant to the Tariff Act of 1930 (‘‘the Provisions concerning the conduct of
appear in the BLM public files for the Act’’), as amended, to determine this proceeding may be found in the
sale parcel is available for review during whether revocation of the antidumping Commission’s Rules of Practice and
business hours, 7:30 a.m. to 4:30 p.m. duty orders on stainless steel butt-weld Procedure at 19 CFR parts 201, subparts
PST, Monday through Friday, at the pipe fittings from Italy, Malaysia, and A and B and 19 CFR part 207, subparts
BLM-Las Vegas Field Office, except the Philippines would be likely to lead A and F. The Commission will assess
during Federal holidays. to continuation or recurrence of material the adequacy of interested party
injury. Pursuant to the Act, interested responses to this notice of institution to
The parcel of land will not be offered parties are requested to respond to this determine whether to conduct full or
for sale prior to July 31, 2017. Only notice by submitting the information expedited reviews. The Commission’s
written comments submitted by postal specified below to the Commission. determinations in any expedited
service or overnight mail will be DATES: Effective June 1, 2017. To be reviews will be based on the facts
considered as properly filed. Electronic assured of consideration, the deadline available, which may include
mail, facsimile, or telephone comments for responses is July 3, 2017. Comments information provided in response to this
will not be considered. on the adequacy of responses may be notice.
Submit comments on this sale Notice filed with the Commission by August Definitions.—The following
to the address in the ADDRESSES section. 14, 2017. definitions apply to these reviews:
(1) Subject Merchandise is the class or
Before including your address, phone FOR FURTHER INFORMATION CONTACT:
kind of merchandise that is within the
number, email address, or other Mary Messer (202–205–3193), Office of
scope of the five-year reviews, as
personal identifying information in your Investigations, U.S. International Trade
defined by Commerce.
comment, be advised that your entire Commission, 500 E Street SW., (2) The Subject Countries in these
comment—including your personal Washington, DC 20436. Hearing- reviews are Italy, Malaysia, and the
identifying information—may be made impaired persons can obtain Philippines.
publicly available at any time. While information on this matter by contacting (3) The Domestic Like Product is the
you can ask us in your comment to the Commission’s TDD terminal on 202– domestically produced product or
withhold from public review your 205–1810. Persons with mobility products which are like, or in the
personal identifying information, we impairments who will need special absence of like, most similar in
cannot guarantee that we will be able to assistance in gaining access to the characteristics and uses with, the
Commission should contact the Office Subject Merchandise. In its original
do so.
of the Secretary at 202–205–2000. determinations, its full first five-year
Any adverse comments regarding the General information concerning the review determinations, and its
sale will be reviewed by the BLM Commission may also be obtained by expedited second five-year review
Nevada State Director or other accessing its internet server (https:// determinations, the Commission
authorized official of the Department of www.usitc.gov). The public record for defined the Domestic Like Product as all
the Interior, who may sustain, vacate, or this proceeding may be viewed on the stainless steel butt-weld pipe fittings
modify this realty action in response to Commission’s electronic docket (EDIS) coextensive with Commerce’s scope.
such comments. In the absence of any at https://edis.usitc.gov. (4) The Domestic Industry is the U.S.
comments, this realty action will SUPPLEMENTARY INFORMATION: producers as a whole of the Domestic
become the final determination of the Background.—On February 23, 2001, Like Product, or those producers whose
Department of the Interior. the Department of Commerce collective output of the Domestic Like
Authority: 43 CFR 2711. (‘‘Commerce’’) issued antidumping duty Product constitutes a major proportion
orders on imports of stainless steel butt- of the total domestic production of the
Nicollee Gaddis, weld pipe fittings from Italy, Malaysia, product. In its original determinations,
Acting Assistant Field Manager, Division of and the Philippines (66 FR 11257). the Commission defined the Domestic
Lands. Following first five-year reviews by Industry as all domestic producers of
mstockstill on DSK30JT082PROD with NOTICES

[FR Doc. 2017–11340 Filed 5–31–17; 8:45 am] Commerce and the Commission, stainless steel butt-weld pipe fittings,
BILLING CODE 4310–HC–P
effective December 11, 2006, Commerce although one domestic producer was
issued a continuation of the excluded from the domestic industry
antidumping duty orders on imports of under the related parties provision. In
stainless steel butt-weld pipe fittings its full first five-year review
from Italy, Malaysia, and the determinations and its expedited second
Philippines (71 FR 71530). Following five-year review determinations, the

VerDate Sep<11>2014 18:32 May 31, 2017 Jkt 241001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1
Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices 25325

Commission defined the Domestic the application is made no later than 21 as appropriate), and a certificate of
Industry as all domestic producers of days after publication of this notice in service must accompany the document
stainless steel butt-weld pipe fittings. the Federal Register. Authorized (if you are not a party to the proceeding
(5) An Importer is any person or firm applicants must represent interested you do not need to serve your response).
engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), No response to this request for
parent company or subsidiary, in who are parties to the proceeding. A information is required if a currently
importing the Subject Merchandise into separate service list will be maintained valid Office of Management and Budget
the United States from a foreign by the Secretary for those parties (‘‘OMB’’) number is not displayed; the
manufacturer or through its selling authorized to receive BPI under the OMB number is 3117 0016/USITC No.
agent. APO. 17–5–387, expiration date June 30,
Participation in the proceeding and Certification.—Pursuant to section 2017. Public reporting burden for the
public service list.—Persons, including 207.3 of the Commission’s rules, any request is estimated to average 15 hours
industrial users of the Subject person submitting information to the per response. Please send comments
Merchandise and, if the merchandise is Commission in connection with this regarding the accuracy of this burden
sold at the retail level, representative proceeding must certify that the estimate to the Office of Investigations,
consumer organizations, wishing to information is accurate and complete to U.S. International Trade Commission,
participate in the proceeding as parties the best of the submitter’s knowledge. In 500 E Street SW., Washington, DC
must file an entry of appearance with making the certification, the submitter 20436.
the Secretary to the Commission, as will acknowledge that information Inability to provide requested
provided in section 201.11(b)(4) of the submitted in response to this request for information.—Pursuant to section
Commission’s rules, no later than 21 information and throughout this 207.61(c) of the Commission’s rules, any
days after publication of this notice in proceeding or other proceeding may be interested party that cannot furnish the
the Federal Register. The Secretary will disclosed to and used: (i) By the information requested by this notice in
maintain a public service list containing Commission, its employees and Offices, the requested form and manner shall
the names and addresses of all persons, and contract personnel (a) for notify the Commission at the earliest
or their representatives, who are parties developing or maintaining the records possible time, provide a full explanation
to the proceeding. of this or a related proceeding, or (b) in of why it cannot provide the requested
Former Commission employees who internal investigations, audits, reviews, information, and indicate alternative
are seeking to appear in Commission and evaluations relating to the forms in which it can provide
five-year reviews are advised that they programs, personnel, and operations of equivalent information. If an interested
may appear in a review even if they the Commission including under 5 party does not provide this notification
participated personally and U.S.C. Appendix 3; or (ii) by U.S. (or the Commission finds the
substantially in the corresponding government employees and contract explanation provided in the notification
underlying original investigation or an personnel, solely for cybersecurity inadequate) and fails to provide a
earlier review of the same underlying purposes. All contract personnel will complete response to this notice, the
investigation. The Commission’s sign appropriate nondisclosure Commission may take an adverse
designated agency ethics official has agreements. inference against the party pursuant to
advised that a five-year review is not the Written submissions.—Pursuant to section 776(b) of the Act (19 U.S.C.
same particular matter as the underlying section 207.61 of the Commission’s 1677e(b)) in making its determinations
original investigation, and a five-year rules, each interested party response to in the reviews.
review is not the same particular matter this notice must provide the information Information To Be Provided in
as an earlier review of the same specified below. The deadline for filing Response to This Notice of Institution: If
underlying investigation for purposes of such responses is July 3, 2017. Pursuant you are a domestic producer, union/
18 U.S.C. 207, the post employment to section 207.62(b) of the Commission’s worker group, or trade/business
statute for Federal employees, and rules, eligible parties (as specified in association; import/export Subject
Commission rule 201.15(b) (19 CFR Commission rule 207.62(b)(1)) may also Merchandise from more than one
201.15(b)), 79 FR 3246 (Jan. 17, 2014), file comments concerning the adequacy Subject Country; or produce Subject
73 FR 24609 (May 5, 2008). of responses to the notice of institution Merchandise in more than one Subject
Consequently, former employees are not and whether the Commission should Country, you may file a single response.
required to seek Commission approval conduct expedited or full reviews. The If you do so, please ensure that your
to appear in a review under Commission deadline for filing such comments is response to each question includes the
rule 19 CFR 201.15, even if the August 14, 2017. All written information requested for each pertinent
corresponding underlying original submissions must conform with the Subject Country. As used below, the
investigation or an earlier review of the provisions of section 201.8 of the term ‘‘firm’’ includes any related firms.
same underlying investigation was Commission’s rules; any submissions (1) The name and address of your firm
pending when they were Commission that contain BPI must also conform with or entity (including World Wide Web
employees. For further ethics advice on the requirements of sections 201.6, address) and name, telephone number,
this matter, contact Carol McCue 207.3, and 207.7 of the Commission’s fax number, and Email address of the
Verratti, Deputy Agency Ethics Official, rules. The Commission’s Handbook on certifying official.
at 202–205–3088. E-Filing, available on the Commission’s (2) A statement indicating whether
Limited disclosure of business Web site at https://edis.usitc.gov, your firm/entity is an interested party
proprietary information (BPI) under an elaborates upon the Commission’s rules under 19 U.S.C. 1677(9) and if so, how,
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administrative protective order (APO) with respect to electronic filing. Also, in including whether your firm/entity is a
and APO service list.—Pursuant to accordance with sections 201.16(c) and U.S. producer of the Domestic Like
section 207.7(a) of the Commission’s 207.3 of the Commission’s rules, each Product, a U.S. union or worker group,
rules, the Secretary will make BPI document filed by a party to the a U.S. importer of the Subject
submitted in this proceeding available proceeding must be served on all other Merchandise, a foreign producer or
to authorized applicants under the APO parties to the proceeding (as identified exporter of the Subject Merchandise, a
issued in the proceeding, provided that by either the public or APO service list U.S. or foreign trade or business

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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices 25327

please explain why and provide 205–3064 or jessica.pugliese@usitc.gov) tariffs on imports from Canada and
alternative definitions. or Deputy Project Leader Diana Mexico of any agricultural products
Authority: This proceeding is being Friedman (202–205–3433 or currently still subject to U.S. tariffs
conducted under authority of title VII of the diana.friedman@usitc.gov) for under the North American Free Trade
Tariff Act of 1930; this notice is published information specific to this Agreement and described in the list
pursuant to section 207.61 of the investigation. For information on the attached to the USTR’s request letter on
Commission’s rules. legal aspects of this investigation, (i) industries in the United States
By order of the Commission. contact William Gearhart of the producing the products concerned, and
Issued: May 24, 2017. Commission’s Office of the General (ii) the U.S. economy as a whole. The
Counsel (202–205–3091 or USTR’s request letter and list of
Lisa R. Barton,
william.gearhart@usitc.gov). The media agricultural products are posted on the
Secretary to the Commission. Commission’s Web site at https://
should contact Margaret O’Laughlin,
[FR Doc. 2017–11048 Filed 5–31–17; 8:45 am] www.usitc.gov.
Office of External Relations (202–205–
BILLING CODE 7020–02–P 1819 or margaret.olaughlin@usitc.gov). As requested, the Commission will
Hearing-impaired individuals may provide its report to the USTR by
obtain information on this matter by August 16, 2017. The USTR indicated
INTERNATIONAL TRADE that those sections of the Commission’s
contacting the Commission’s TDD
COMMISSION report that relate to the advice and
terminal at 202–205–1810. General
[Investigation Nos. TA–131–042 and TPA– information concerning the Commission assessment of probable economic effects
105–002] may also be obtained by accessing its will be classified. The USTR also
Web site (https://www.usitc.gov). indicated that he considers the
North American Free Trade Persons with mobility impairments who Commission’s report to be an
Agreement: Advice on the Probable will need special assistance in gaining interagency memorandum that will
Economic Effect of Providing Duty- access to the Commission should contain pre-decisional advice and be
Free Treatment for Currently Dutiable contact the Office of the Secretary at subject to the deliberative process
Imports Institution of Investigation and 202–205–2000. privilege.
Scheduling of Hearing Public Hearing: A public hearing in
SUPPLEMENTARY INFORMATION:
connection with this investigation will
AGENCY: United States International Background: In his letter of May 18, be held at the U.S. International Trade
Trade Commission. 2017, the USTR requested that the Commission Building, 500 E Street SW.,
ACTION: Notice of investigation and Commission provide certain advice Washington, DC, beginning at 9:30 a.m.
scheduling of a public hearing. under section 131 of the Trade Act of on June 20, 2017. Requests to appear at
1974 (19 U.S.C. 2151) and an the public hearing should be filed with
SUMMARY: Following receipt on May 18, assessment under section 105 the Secretary no later than 5:15 p.m.,
2017, of a request from the United States (a)(2)(B)(i)(III) of the Bipartisan June 7, 2017, in accordance with the
Trade Representative (USTR), the Congressional Trade Priorities and requirements in the ‘‘Submissions’’
Commission instituted Investigation Accountability Act of 2015 with respect section below. All prehearing briefs and
Nos. TA–131–042 and TPA–105–002, to the effects of providing duty-free statements should be filed not later than
North American Free Trade Agreement: treatment for imports of products from 5:15 p.m., June 13, 2017, and all post-
Advice on the Probable Economic Effect Canada and Mexico. hearing briefs and statements should be
of Providing Duty-free Treatment for More specifically, the USTR, under filed not later than 5:15 p.m., June 26,
Currently Dutiable Imports. authority delegated by the President and 2017. For further information, call 202–
DATES: pursuant to section 131 of the Trade Act 205–2000.
June 7, 2017: Deadline for filing of 1974, requested that the Commission Written Submissions: In lieu of or in
requests to appear at the public hearing. provide a report containing its advice as addition to participating in the hearing,
June 13, 2017: Deadline for filing to the probable economic effect of interested parties are invited to file
prehearing briefs and statements. providing duty-free treatment for written submissions concerning this
June 20, 2017: Public hearing. imports of currently dutiable products investigation. All written submissions
June 26, 2017: Deadline for filing from Canada and Mexico on (i) should be addressed to the Secretary,
post-hearing briefs and submissions. industries in the United States and should be received not later than
June 26, 2017: Deadline for filing all producing like or directly competitive 5:15 p.m., June 26, 2017. All written
other written statements. products, and (ii) consumers. The USTR
August 16, 2017: Transmittal of submissions must conform to the
asked that the Commission’s analysis provisions of section 201.8 of the
Commission report to the USTR.
consider each article in chapters 1 Commission’s Rules of Practice and
ADDRESSES: All Commission offices, through 97 of the Harmonized Tariff Procedure (19 CFR 201.8). Section 201.8
including the Commission’s hearing Schedule of the United States (HTS) for and the Commission’s Handbook on
rooms, are located in the U.S. which tariffs will remain, taking into Filing Procedures require that interested
International Trade Commission account implementation of U.S. parties file documents electronically on
Building, 500 E Street SW., Washington, commitments in the World Trade or before the filing deadline and submit
DC. All written submissions should be Organization. The USTR asked that the eight (8) true paper copies by 12:00 p.m.
addressed to the Secretary, U.S. advice be based on the HTS in effect Eastern Time on the next business day.
International Trade Commission, 500 E during 2017 and trade data for 2016. In the event that confidential treatment
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Street SW., Washington, DC 20436. The In addition, the USTR requested that of a document is requested, interested
public record for this investigation may the Commission prepare an assessment, parties must file, at the same time as the
be viewed on the Commission’s as described in section eight paper copies, at least four (4)
electronic docket (EDIS) at https:// 105(a)(2)(B)(i)(III) of the Bipartisan additional true paper copies in which
edis.usitc.gov. Congressional Trade Priorities and the confidential information must be
FOR FURTHER INFORMATION CONTACT: Accountability Act of 2015, of the deleted (see the following paragraphs
Project Leader Jessica Pugliese (202– probable economic effects of eliminating for further information regarding

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Document Created: 2017-06-01 03:04:54
Document Modified: 2017-06-01 03:04:54
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 June 1, 2017. To be assured of consideration, the deadline for responses is July 3, 2017. Comments on the adequacy of responses may be filed with the Commission by August 14, 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 25324