82 FR 30902 - Certain Lined Paper School Supplies From China and India; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30902-30905
FR Document		2017-13711

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 countervailing duty order on certain lined paper school supplies from India and the antidumping duty orders on certain lined paper school supplies from China and India 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 126 (Monday, July 3, 2017)

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30902-30905]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-13711]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-442 and 731-TA-1095-1096 (Second Review)]

Certain Lined Paper School Supplies From China and India;
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 countervailing duty order on
certain lined paper school supplies from India and the antidumping duty
orders on certain lined paper school supplies from China and India
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 July 3, 2017. To be assured of consideration, the
deadline for responses is August 2, 2017. Comments on the adequacy of
responses may be filed with the Commission by September 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 September 28, 2006, the Department of Commerce
(``Commerce'') issued a countervailing duty order on certain lined
paper school supplies from India and antidumping duty orders on certain
lined paper school supplies from China and India (71 FR 56949). On
April 14, 2011, Commerce amended in part the antidumping duty order on
subject imports from India (76 FR 20954). Following the first five-year
reviews by Commerce and the Commission, effective August 31, 2012,
Commerce issued a continuation of the countervailing duty order on
imports of certain lined paper school supplies from India and the
antidumping duty orders on imports of certain lined paper school
supplies from China and India (77 FR 53172). The Commission is now
conducting second five-year 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 China and India.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations and its full first five-year reviews, the Commission
found one Domestic Like Product consisting of all lined paper products,
regardless of dimension.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations and
full first five-year reviews, the Commission found one Domestic
Industry consisting of all domestic producers of lined paper products.
The Commission also found during the original investigations that
circumstances were appropriate to exclude two domestic producers,
American Scholar and CPP, from the Domestic Industry under the related
parties provision. In the full first five-year reviews, the Commission
found

[[Page 30903]]

that appropriate circumstances did not exist to exclude any of the
related party producers from the Domestic Industry.
(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 Charles Smith, Deputy Agency Ethics Official, at 202-
205-3408.
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 August 2, 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 September 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://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. 17-5-392, expiration
date June 30, 2020. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436.
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or

[[Page 30904]]

exporter of the Subject Merchandise, a U.S. or foreign trade or
business association (a majority of whose members are interested
parties under the statute), or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping and countervailing duty orders on the Domestic Industry in
general and/or your firm/entity specifically. In your response, please
discuss the various factors specified in section 752(a) of the Act (19
U.S.C. 1675a(a)) including the likely volume of subject imports, likely
price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 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 calendar year 2016, except as noted (report quantity
data in pieces 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 pieces and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from each Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from each Subject Country; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from each Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in any
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2016 (report quantity
data in pieces and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping or countervailing duties).
If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in each Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in each Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from each Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in each Subject Country after 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 each Subject Country, and such merchandise from other
countries.
(13) (OPTIONAL) A statement of whether you agree with the above

[[Page 30905]]

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: June 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-13711 Filed 6-30-17; 8:45 am]
BILLING CODE 7020-02-P

30902 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

it with the enforcement proceeding. 81 INTERNATIONAL TRADE effective August 31, 2012, Commerce
FR 85264–65. COMMISSION issued a continuation of the
On January 31, 2017, Eko petitioned countervailing duty order on imports of
[Investigation Nos. 701–TA–442 and 731–
the Commission to rescind the remedial certain lined paper school supplies from
TA–1095–1096 (Second Review)]
India and the antidumping duty orders
orders based on a lack of a domestic
Certain Lined Paper School Supplies on imports of certain lined paper school
industry. The Commission denied the
From China and India; Institution of supplies from China and India (77 FR
petition on June 8, 2017, because Eko 53172). The Commission is now
failed to show changed circumstances Five-Year Reviews
conducting second five-year reviews
with respect to the domestic industry. AGENCY: United States International pursuant to section 751(c) of the Act, as
Notice of Commission Determination to Trade Commission. amended (19 U.S.C. 1675(c)), to
Deny a Petition Requesting the ACTION: Notice. determine whether revocation of the
Rescission of Remedial Orders (June 8, orders would be likely to lead to
2017). SUMMARY: The Commission hereby gives continuation or recurrence of material
On March 27, 2017, the presiding ALJ notice that it has instituted reviews injury to the domestic industry within
issued the subject enforcement initial pursuant to the Tariff Act of 1930 (‘‘the a reasonably foreseeable time.
Act’’), as amended, to determine Provisions concerning the conduct of
determination (‘‘EID’’), which found
whether revocation of the this proceeding may be found in the
that the remedial orders cannot be
countervailing duty order on certain Commission’s Rules of Practice and
enforced due to a lack of domestic lined paper school supplies from India Procedure at 19 CFR parts 201, subparts
industry, and issued a recommended and the antidumping duty orders on A and B and 19 CFR part 207, subparts
determination that the remedial orders certain lined paper school supplies from A and F. The Commission will assess
be rescinded due to an intervening China and India would be likely to lead the adequacy of interested party
district court summary judgment of to continuation or recurrence of material responses to this notice of institution to
noninfringement. OUII petitioned for injury. Pursuant to the Act, interested determine whether to conduct full or
review of the EID on April 6, 2017, and parties are requested to respond to this expedited reviews. The Commission’s
ARM petitioned for review on April 7, notice by submitting the information determinations in any expedited
2017. On April 13, 2017, ARM and Eko specified below to the Commission. reviews will be based on the facts
filed a response to OUII’s petition, and DATES: Effective July 3, 2017. To be available, which may include
OUII filed a response to ARM’s petition. assured of consideration, the deadline information provided in response to this
On April 14, 2017, Eko filed a response for responses is August 2, 2017. notice.
to ARM’s petition. On May 11, 2017, the Comments on the adequacy of responses Definitions.—The following
Commission determined to review the may be filed with the Commission by definitions apply to these reviews:
EID. September 14, 2017. (1) Subject Merchandise is the class or
kind of merchandise that is within the
The Commission has determined that FOR FURTHER INFORMATION CONTACT:
scope of the five-year reviews, as
ARM has not shown that Eko violated Mary Messer (202–205–3193), Office of
defined by Commerce.
the remedial orders. The Commission Investigations, U.S. International Trade (2) The Subject Countries in these
reverses the EID’s finding that the Commission, 500 E Street SW., reviews are China and India.
remedial orders cannot be enforced Washington, DC 20436. Hearing- (3) The Domestic Like Product is the
against Eko due to a lack of domestic impaired persons can obtain domestically produced product or
industry, but finds that ARM has failed information on this matter by contacting products which are like, or in the
to show that Eko had the intent the Commission’s TDD terminal on 202– absence of like, most similar in
necessary to induce or contribute to the 205–1810. Persons with mobility characteristics and uses with, the
infringement of claims 8 and 19 of the impairments who will need special Subject Merchandise. In its original
assistance in gaining access to the determinations and its full first five-year
’320 patent. The Commission has also
Commission should contact the Office reviews, the Commission found one
determined not to rescind the remedial
of the Secretary at 202–205–2000. Domestic Like Product consisting of all
orders. This consolidated enforcement General information concerning the
and rescission proceeding is hereby lined paper products, regardless of
Commission may also be obtained by dimension.
terminated, and a Commission opinion accessing its internet server (https:// (4) The Domestic Industry is the U.S.
will issue shortly. www.usitc.gov). The public record for producers as a whole of the Domestic
The authority for the Commission’s this proceeding may be viewed on the Like Product, or those producers whose
determination is contained in section Commission’s electronic docket (EDIS) collective output of the Domestic Like
337 of the Tariff Act of 1930, as at https://edis.usitc.gov. Product constitutes a major proportion
amended (19 U.S.C. 1337), and in part SUPPLEMENTARY INFORMATION: of the total domestic production of the
210 of the Commission’s Rules of Background.—On September 28, product. In its original determinations
Practice and Procedure (19 CFR part 2006, the Department of Commerce and full first five-year reviews, the
210). (‘‘Commerce’’) issued a countervailing Commission found one Domestic
duty order on certain lined paper school Industry consisting of all domestic
By order of the Commission.
supplies from India and antidumping producers of lined paper products. The
Issued: June 27, 2017. duty orders on certain lined paper Commission also found during the
sradovich on DSK3GMQ082PROD with NOTICES

Lisa R. Barton, school supplies from China and India original investigations that
Secretary to the Commission. (71 FR 56949). On April 14, 2011, circumstances were appropriate to
[FR Doc. 2017–13909 Filed 6–30–17; 8:45 am] Commerce amended in part the exclude two domestic producers,
BILLING CODE 7020–02–P antidumping duty order on subject American Scholar and CPP, from the
imports from India (76 FR 20954). Domestic Industry under the related
Following the first five-year reviews by parties provision. In the full first five-
Commerce and the Commission, year reviews, the Commission found

VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1

Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30903

that appropriate circumstances did not the application is made no later than 21 parties to the proceeding (as identified
exist to exclude any of the related party days after publication of this notice in by either the public or APO service list
producers from the Domestic Industry. the Federal Register. Authorized as appropriate), and a certificate of
(5) An Importer is any person or firm applicants must represent interested service must accompany the document
engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), (if you are not a party to the proceeding
parent company or subsidiary, in who are parties to the proceeding. A you do not need to serve your response).
importing the Subject Merchandise into separate service list will be maintained No response to this request for
the United States from a foreign by the Secretary for those parties information is required if a currently
manufacturer or through its selling authorized to receive BPI under the valid Office of Management and Budget
agent. APO. (‘‘OMB’’) number is not displayed; the
Participation in the proceeding and Certification.—Pursuant to section OMB number is 3117 0016/USITC No.
public service list.—Persons, including 207.3 of the Commission’s rules, any 17–5–392, expiration date June 30,
industrial users of the Subject person submitting information to the 2020. Public reporting burden for the
Merchandise and, if the merchandise is Commission in connection with this request is estimated to average 15 hours
sold at the retail level, representative proceeding must certify that the per response. Please send comments
consumer organizations, wishing to information is accurate and complete to regarding the accuracy of this burden
participate in the proceeding as parties the best of the submitter’s knowledge. In estimate to the Office of Investigations,
must file an entry of appearance with making the certification, the submitter U.S. International Trade Commission,
the Secretary to the Commission, as will acknowledge that information 500 E Street SW., Washington, DC
provided in section 201.11(b)(4) of the submitted in response to this request for 20436.
Commission’s rules, no later than 21 information and throughout this Inability to provide requested
days after publication of this notice in proceeding or other proceeding may be information.—Pursuant to section
the Federal Register. The Secretary will disclosed to and used: (i) By the 207.61(c) of the Commission’s rules, any
maintain a public service list containing Commission, its employees and Offices, interested party that cannot furnish the
the names and addresses of all persons, and contract personnel (a) for information requested by this notice in
or their representatives, who are parties developing or maintaining the records the requested form and manner shall
to the proceeding. of this or a related proceeding, or (b) in notify the Commission at the earliest
Former Commission employees who internal investigations, audits, reviews, possible time, provide a full explanation
are seeking to appear in Commission and evaluations relating to the of why it cannot provide the requested
five-year reviews are advised that they programs, personnel, and operations of information, and indicate alternative
may appear in a review even if they the Commission including under 5 forms in which it can provide
participated personally and U.S.C. Appendix 3; or (ii) by U.S. equivalent information. If an interested
substantially in the corresponding government employees and contract party does not provide this notification
underlying original investigation or an personnel, solely for cybersecurity (or the Commission finds the
earlier review of the same underlying purposes. All contract personnel will explanation provided in the notification
investigation. The Commission’s sign appropriate nondisclosure inadequate) and fails to provide a
designated agency ethics official has agreements. complete response to this notice, the
advised that a five-year review is not the Written submissions.—Pursuant to Commission may take an adverse
same particular matter as the underlying section 207.61 of the Commission’s inference against the party pursuant to
original investigation, and a five-year rules, each interested party response to section 776(b) of the Act (19 U.S.C.
review is not the same particular matter this notice must provide the information 1677e(b)) in making its determinations
as an earlier review of the same specified below. The deadline for filing in the reviews.
underlying investigation for purposes of such responses is August 2, 2017. Information To Be Provided in
18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the Response to This Notice of Institution: If
statute for Federal employees, and Commission’s rules, eligible parties (as you are a domestic producer, union/
Commission rule 201.15(b) (19 CFR specified in Commission rule worker group, or trade/business
201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments association; import/export Subject
73 FR 24609 (May 5, 2008). concerning the adequacy of responses to Merchandise from more than one
Consequently, former employees are not the notice of institution and whether the Subject Country; or produce Subject
required to seek Commission approval Commission should conduct expedited Merchandise in more than one Subject
to appear in a review under Commission or full reviews. The deadline for filing Country, you may file a single response.
rule 19 CFR 201.15, even if the such comments is September 14, 2017. If you do so, please ensure that your
corresponding underlying original All written submissions must conform response to each question includes the
investigation or an earlier review of the with the provisions of section 201.8 of information requested for each pertinent
same underlying investigation was the Commission’s rules; any Subject Country. As used below, the
pending when they were Commission submissions that contain BPI must also term ‘‘firm’’ includes any related firms.
employees. For further ethics advice on conform with the requirements of (1) The name and address of your firm
this matter, contact Charles Smith, sections 201.6, 207.3, and 207.7 of the or entity (including World Wide Web
Deputy Agency Ethics Official, at 202– Commission’s rules. The Commission’s address) and name, telephone number,
205–3408. Handbook on E-Filing, available on the fax number, and Email address of the
Limited disclosure of business Commission’s Web site at https:// certifying official.
proprietary information (BPI) under an (2) A statement indicating whether
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www.usitc.gov/secretary/documents/
administrative protective order (APO) handbook_on_filing_procedures.pdf, your firm/entity is an interested party
and APO service list.—Pursuant to elaborates upon the Commission’s rules under 19 U.S.C. 1677(9) and if so, how,
section 207.7(a) of the Commission’s with respect to electronic filing. Also, in including whether your firm/entity is a
rules, the Secretary will make BPI accordance with sections 201.16(c) and U.S. producer of the Domestic Like
submitted in this proceeding available 207.3 of the Commission’s rules, each Product, a U.S. union or worker group,
to authorized applicants under the APO document filed by a party to the a U.S. importer of the Subject
issued in the proceeding, provided that proceeding must be served on all other Merchandise, a foreign producer or

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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30905

definitions of the Domestic Like Product Commission’s electronic docket (EDIS) characteristics and uses with, the
and Domestic Industry; if you disagree at https://edis.usitc.gov. Subject Merchandise. In its original
with either or both of these definitions, SUPPLEMENTARY INFORMATION: determinations, its full first and second
please explain why and provide Background.—On February 21, 1995, five-year review determinations, and its
alternative definitions. the Department of Commerce issued expedited third five-year review
Authority: This proceeding is being antidumping duty orders on imports of determinations, the Commission
conducted under authority of title VII of the stainless steel bar from Brazil, India, defined the Domestic Like Product as all
Tariff Act of 1930; this notice is published and Japan (60 FR 9661). On March 2, stainless steel bar coextensive with
pursuant to section 207.61 of the 1995, the Department of Commerce Commerce’s scope. One Commissioner
Commission’s rules. issued an antidumping duty order on defined the Domestic Like Product
By order of the Commission. imports of stainless steel bar from Spain differently in the original
Issued: June 26, 2017. (60 FR 11656). Following first five-year determinations.
reviews by Commerce and the (4) The Domestic Industry is the U.S.
Lisa R. Barton, producers as a whole of the Domestic
Secretary to the Commission. Commission, effective April 18, 2001,
Commerce issued a continuation of the Like Product, or those producers whose
[FR Doc. 2017–13711 Filed 6–30–17; 8:45 am] collective output of the Domestic Like
antidumping duty orders on imports of
BILLING CODE 7020–02–P
stainless steel bar from Brazil, India, Product constitutes a major proportion
Japan, and Spain (66 FR 19919). of the total domestic production of the
product. In its original determinations,
INTERNATIONAL TRADE Following second five-year reviews by
its full first and second five-year review
COMMISSION Commerce and the Commission,
determinations, and its expedited third
effective January 23, 2007, Commerce
[Investigation Nos. 731–TA–678–679 and five-year review determinations, the
issued a continuation of the
681–682 (Fourth Review)] Commission defined the Domestic
antidumping duty orders on imports of
Industry as domestic producers of
stainless steel bar from Brazil, India,
Stainless Steel Bar From Brazil, India, stainless steel bar. One Commissioner
Japan, and Spain (72 FR 2858).
Japan, and Spain; Institution of Five- defined the Domestic Industry
Following the third five-year reviews by
Year Reviews differently in the original
Commerce and the Commission,
determinations.
AGENCY: United States International effective August 9, 2012, Commerce (5) An Importer is any person or firm
Trade Commission. issued a continuation of the engaged, either directly or through a
ACTION: Notice. antidumping duty orders on imports of parent company or subsidiary, in
stainless steel bar from Brazil, India, importing the Subject Merchandise into
SUMMARY: The Commission hereby gives Japan, and Spain (77 FR 47595). The
notice that it has instituted reviews the United States from a foreign
Commission is now conducting fourth manufacturer or through its selling
pursuant to the Tariff Act of 1930 (‘‘the five-year reviews pursuant to section
Act’’), as amended, to determine agent.
751(c) of the Act, as amended (19 U.S.C. Participation in the proceeding and
whether revocation of the antidumping 1675(c)), to determine whether public service list.—Persons, including
duty orders on stainless steel bar from revocation of the orders would be likely industrial users of the Subject
Brazil, India, Japan, and Spain would be to lead to continuation or recurrence of Merchandise and, if the merchandise is
likely to lead to continuation or material injury to the domestic industry sold at the retail level, representative
recurrence of material injury. Pursuant within a reasonably foreseeable time. consumer organizations, wishing to
to the Act, interested parties are Provisions concerning the conduct of participate in the proceeding as parties
requested to respond to this notice by this proceeding may be found in the must file an entry of appearance with
submitting the information specified Commission’s Rules of Practice and the Secretary to the Commission, as
below to the Commission. Procedure at 19 CFR parts 201, subparts provided in section 201.11(b)(4) of the
DATES: Effective July 3, 2017. To be A and B and 19 CFR part 207, subparts Commission’s rules, no later than 21
assured of consideration, the deadline A and F. The Commission will assess days after publication of this notice in
for responses is August 2, 2017. the adequacy of interested party the Federal Register. The Secretary will
Comments on the adequacy of responses responses to this notice of institution to maintain a public service list containing
may be filed with the Commission by determine whether to conduct full or the names and addresses of all persons,
September 14, 2017. expedited reviews. The Commission’s or their representatives, who are parties
FOR FURTHER INFORMATION CONTACT: determinations in expedited reviews to the proceeding.
Mary Messer (202–205–3193), Office of will be based on the facts available, Former Commission employees who
Investigations, U.S. International Trade which may include information are seeking to appear in Commission
Commission, 500 E Street SW., provided in response to this notice. five-year reviews are advised that they
Washington, DC 20436. Hearing- Definitions.—The following may appear in a review even if they
impaired persons can obtain definitions apply to these reviews: participated personally and
information on this matter by contacting (1) Subject Merchandise is the class or substantially in the corresponding
the Commission’s TDD terminal on 202– kind of merchandise that is within the underlying original investigation or an
205–1810. Persons with mobility scope of the five-year reviews, as earlier review of the same underlying
impairments who will need special defined by the Department of investigation. The Commission’s
assistance in gaining access to the Commerce. designated agency ethics official has
sradovich on DSK3GMQ082PROD with NOTICES

Commission should contact the Office (2) The Subject Countries in these advised that a five-year review is not the
of the Secretary at 202–205–2000. reviews are Brazil, India, Japan, and same particular matter as the underlying
General information concerning the Spain. original investigation, and a five-year
Commission may also be obtained by (3) The Domestic Like Product is the review is not the same particular matter
accessing its internet server (https:// domestically produced product or as an earlier review of the same
www.usitc.gov). The public record for products which are like, or in the underlying investigation for purposes of
this proceeding may be viewed on the absence of like, most similar in 18 U.S.C. 207, the post employment

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Document Created: 2018-11-14 10:19:48
Document Modified: 2018-11-14 10:19:48

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 July 3, 2017. To be assured of consideration, the deadline for responses is August 2, 2017. Comments on the adequacy of responses may be filed with the Commission by September 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 30902