82_FR_31031 82 FR 30905 - Stainless Steel Bar From Brazil, India, Japan, and Spain; Institution of Five-Year Reviews

82 FR 30905 - Stainless Steel Bar From Brazil, India, Japan, and Spain; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range30905-30907
FR Document2017-13712

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 bar from Brazil, India, Japan, and Spain 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 30905-30907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13712]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-678-679 and 681-682 (Fourth Review)]


Stainless Steel Bar From Brazil, India, Japan, and Spain; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping duty orders on 
stainless steel bar from Brazil, India, Japan, and Spain 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 February 21, 1995, the Department of Commerce 
issued antidumping duty orders on imports of stainless steel bar from 
Brazil, India, and Japan (60 FR 9661). On March 2, 1995, the Department 
of Commerce issued an antidumping duty order on imports of stainless 
steel bar from Spain (60 FR 11656). Following first five-year reviews 
by Commerce and the Commission, effective April 18, 2001, Commerce 
issued a continuation of the antidumping duty orders on imports of 
stainless steel bar from Brazil, India, Japan, and Spain (66 FR 19919). 
Following second five-year reviews by Commerce and the Commission, 
effective January 23, 2007, Commerce issued a continuation of the 
antidumping duty orders on imports of stainless steel bar from Brazil, 
India, Japan, and Spain (72 FR 2858). Following the third five-year 
reviews by Commerce and the Commission, effective August 9, 2012, 
Commerce issued a continuation of the antidumping duty orders on 
imports of stainless steel bar from Brazil, India, Japan, and Spain (77 
FR 47595). The Commission is now conducting fourth 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 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 Brazil, India, 
Japan, and Spain.
    (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 and second five-year review 
determinations, and its expedited third five-year review 
determinations, the Commission defined the Domestic Like Product as all 
stainless steel bar coextensive with Commerce's scope. One Commissioner 
defined the Domestic Like Product differently in the original 
determinations.
    (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, its 
full first and second five-year review determinations, and its 
expedited third five-year review determinations, the Commission defined 
the Domestic Industry as domestic producers of stainless steel bar. One 
Commissioner defined the Domestic Industry differently in the original 
determinations.
    (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

[[Page 30906]]

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 an 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. 17-5-391, 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 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 after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like

[[Page 30907]]

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 short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2016 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2016 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2010, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (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: June 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-13712 Filed 6-30-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                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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                                                30906                           Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

                                                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 an                           Merchandise in more than one Subject
                                                to appear in a review under Commission                  expedited or full reviews. The deadline                Country, you may file a single response.
                                                rule 19 CFR 201.15, even if the                         for filing such comments is September                  If you do so, please ensure that your
                                                corresponding underlying original                       14, 2017. All written submissions must                 response to each question includes the
                                                investigation or an earlier review of the               conform with the provisions of section                 information requested for each pertinent
                                                same underlying investigation was                       201.8 of 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                  www.usitc.gov/secretary/documents/                        (2) A statement indicating whether
                                                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
                                                the application is made no later than 21                parties to the proceeding (as identified               exporter of the Subject Merchandise, a
                                                days after publication of this notice in                by either the public or APO service list               U.S. or foreign trade or business
                                                the Federal Register. Authorized                        as appropriate), and a certificate of                  association (a majority of whose
                                                applicants must represent interested                    service must accompany the document                    members are interested parties under
                                                parties, as defined in 19 U.S.C. 1677(9),               (if you are not a party to the proceeding              the statute), or another interested party
                                                who are parties to the proceeding. A                    you do not need to serve your response).               (including an explanation). If you are a
                                                separate service list will be maintained                   No response to this request for                     union/worker group or trade/business
                                                by the Secretary for those parties                      information is required if a currently                 association, identify the firms in which
                                                authorized to receive BPI under the                     valid Office of Management and Budget                  your workers are employed or which are
                                                APO.                                                    (‘‘OMB’’) number is not displayed; the                 members of your association.
                                                   Certification.—Pursuant to section                   OMB number is 3117 0016/USITC No.                         (3) A statement indicating whether
                                                207.3 of the Commission’s rules, any                    17–5–391, expiration date June 30,                     your firm/entity is willing to participate
                                                person submitting information to the                    2020. Public reporting burden for the                  in this proceeding by providing
                                                Commission in connection with this                      request is estimated to average 15 hours               information requested by the
                                                proceeding must certify that the                        per response. Please send comments                     Commission.
                                                information is accurate and complete to                 regarding the accuracy of this burden                     (4) A statement of the likely effects of
                                                the best of the submitter’s knowledge. In               estimate to the Office of Investigations,              the revocation of the antidumping duty
                                                making the certification, the submitter                 U.S. International Trade Commission,                   orders on the Domestic Industry in
                                                will acknowledge that information                       500 E Street SW., Washington, DC                       general and/or your firm/entity
                                                submitted in response to this request for               20436.                                                 specifically. In your response, please
                                                information and throughout this                            Inability to provide requested                      discuss the various factors specified in
                                                proceeding or other proceeding may be                   information.—Pursuant to section                       section 752(a) of the Act (19 U.S.C.
                                                disclosed to and used: (i) By the                       207.61(c) of the Commission’s rules, any               1675a(a)) including the likely volume of
                                                Commission, its employees and Offices,                  interested party that cannot furnish the               subject imports, likely price effects of
                                                and contract personnel (a) for                          information requested by this notice in                subject imports, and likely impact of
                                                developing or maintaining the records                   the requested form and manner shall                    imports of Subject Merchandise on the
                                                of this or a related proceeding, or (b) in              notify the Commission at the earliest                  Domestic Industry.
                                                internal investigations, audits, reviews,               possible time, provide a full explanation                 (5) A list of all known and currently
                                                and evaluations relating to the                         of why it cannot provide the requested                 operating U.S. producers of the
                                                programs, personnel, and operations of                  information, and indicate alternative                  Domestic Like Product. Identify any
                                                the Commission including under 5                        forms in which it can provide                          known related parties and the nature of
                                                U.S.C. Appendix 3; or (ii) by U.S.                      equivalent information. If an interested               the relationship as defined in section
                                                government employees and contract                       party does not provide this notification               771(4)(B) of the Act (19 U.S.C.
                                                personnel, solely for cybersecurity                     (or the Commission finds the                           1677(4)(B)).
                                                purposes. All contract personnel will                   explanation provided in the notification                  (6) A list of all known and currently
                                                sign appropriate nondisclosure                          inadequate) and fails to provide a                     operating U.S. importers of the Subject
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                                                agreements.                                             complete response to this notice, the                  Merchandise and producers of the
                                                   Written submissions.—Pursuant to                     Commission may take an adverse                         Subject Merchandise in each Subject
                                                section 207.61 of the Commission’s                      inference against the party pursuant to                Country that currently export or have
                                                rules, each interested party response to                section 776(b) of the Act (19 U.S.C.                   exported Subject Merchandise to the
                                                this notice must provide the information                1677e(b)) in making its determinations                 United States or other countries after
                                                specified below. The deadline for filing                in the reviews.                                        2010.
                                                such responses is August 2, 2017.                          Information To Be Provided in                          (7) A list of 3–5 leading purchasers in
                                                Pursuant to section 207.62(b) of the                    Response to This Notice of Institution: If             the U.S. market for the Domestic Like


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                                                                                Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices                                                   30907

                                                Product and the Subject Merchandise                     an aggregate basis, for the firms which                each Subject Country after 2010, and
                                                (including street address, World Wide                   are members of your association.                       significant changes, if any, that are
                                                Web address, and the name, telephone                       (a) The quantity and value (landed,                 likely to occur within a reasonably
                                                number, fax number, and Email address                   duty-paid but not including                            foreseeable time. Supply conditions to
                                                of a responsible official at each firm).                antidumping or countervailing duties)                  consider include technology;
                                                   (8) A list of known sources of                       of U.S. imports and, if known, an                      production methods; development
                                                information on national or regional                     estimate of the percentage of total U.S.               efforts; ability to increase production
                                                prices for the Domestic Like Product or                 imports of Subject Merchandise from                    (including the shift of production
                                                the Subject Merchandise in the U.S. or                  each Subject Country accounted for by                  facilities used for other products and the
                                                other markets.                                          your firm’s(s’) imports;                               use, cost, or availability of major inputs
                                                   (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.             into production); and factors related to
                                                Domestic Like Product, provide the                      port, including antidumping and/or                     the ability to shift supply among
                                                following information on your firm’s                    countervailing duties) of U.S.                         different national markets (including
                                                operations on that product during                       commercial shipments of Subject                        barriers to importation in foreign
                                                calendar year 2016, except as noted                     Merchandise imported from each                         markets or changes in market demand
                                                (report quantity data in short tons and                 Subject Country; and                                   abroad). Demand conditions to consider
                                                value data in U.S. dollars, f.o.b. plant).                 (c) the quantity and value (f.o.b. U.S.             include end uses and applications; the
                                                If you are a union/worker group or                      port, including antidumping and/or                     existence and availability of substitute
                                                trade/business association, provide the                 countervailing duties) of U.S. internal                products; and the level of competition
                                                information, on an aggregate basis, for                 consumption/company transfers of                       among the Domestic Like Product
                                                the firms in which your workers are                     Subject Merchandise imported from                      produced in the United States, Subject
                                                employed/which are members of your                      each Subject Country.                                  Merchandise produced in each Subject
                                                association.                                               (11) If you are a producer, an exporter,
                                                                                                                                                               Country, and such merchandise from
                                                   (a) Production (quantity) and, if                    or a trade/business association of
                                                                                                                                                               other countries.
                                                known, an estimate of the percentage of                 producers or exporters of the Subject
                                                                                                                                                                  (13) (OPTIONAL) A statement of
                                                total U.S. production of the Domestic                   Merchandise in any Subject Country,
                                                                                                                                                               whether you agree with the above
                                                Like Product accounted for by your                      provide the following information on
                                                                                                                                                               definitions of the Domestic Like Product
                                                firm’s(s’) production;                                  your firm’s(s’) operations on that
                                                                                                                                                               and Domestic Industry; if you disagree
                                                   (b) Capacity (quantity) of your firm to              product during calendar year 2016
                                                                                                                                                               with either or both of these definitions,
                                                produce the Domestic Like Product (that                 (report quantity data in short tons and
                                                                                                                                                               please explain why and provide
                                                is, the level of production that your                   value data in U.S. dollars, landed and
                                                                                                                                                               alternative definitions.
                                                establishment(s) could reasonably have                  duty-paid at the U.S. port but not
                                                expected to attain during the year,                     including antidumping or                                 Authority: This proceeding is being
                                                assuming normal operating conditions                    countervailing duties). If you are a                   conducted under authority of title VII of the
                                                                                                                                                               Tariff Act of 1930; this notice is published
                                                (using equipment and machinery in                       trade/business association, provide the
                                                                                                                                                               pursuant to section 207.61 of the
                                                place and ready to operate), normal                     information, on an aggregate basis, for                Commission’s rules.
                                                operating levels (hours per week/weeks                  the firms which are members of your
                                                per year), time for downtime,                           association.                                             By order of the Commission.
                                                maintenance, repair, and cleanup, and a                    (a) Production (quantity) and, if                     Issued: June 26, 2017.
                                                typical or representative product mix);                 known, an estimate of the percentage of                Lisa R. Barton,
                                                   (c) the quantity and value of U.S.                   total production of Subject Merchandise                Secretary to the Commission.
                                                commercial shipments of the Domestic                    in each Subject Country accounted for                  [FR Doc. 2017–13712 Filed 6–30–17; 8:45 am]
                                                Like Product produced in your U.S.                      by your firm’s(s’) production;                         BILLING CODE 7020–02–P
                                                plant(s);                                                  (b) Capacity (quantity) of your firm(s)
                                                   (d) the quantity and value of U.S.                   to produce the Subject Merchandise in
                                                internal consumption/company                            each Subject Country (that is, the level               INTERNATIONAL TRADE
                                                transfers of the Domestic Like Product                  of production that your establishment(s)               COMMISSION
                                                produced in your U.S. plant(s); and                     could reasonably have expected to
                                                   (e) the value of (i) net sales, (ii) cost            attain during the year, assuming normal                [Investigation Nos. 731–TA–1378–1379
                                                                                                                                                               (Preliminary)]
                                                of goods sold (COGS), (iii) gross profit,               operating conditions (using equipment
                                                (iv) selling, general and administrative                and machinery in place and ready to                    Low Melt Polyester Staple Fiber (PSF)
                                                (SG&A) expenses, and (v) operating                      operate), normal operating levels (hours               From Korea and Taiwan; Institution of
                                                income of the Domestic Like Product                     per week/weeks per year), time for                     Antidumping Duty Investigations and
                                                produced in your U.S. plant(s) (include                 downtime, maintenance, repair, and                     Scheduling of Preliminary Phase
                                                both U.S. and export commercial sales,                  cleanup, and a typical or representative               Investigations
                                                internal consumption, and company                       product mix); and
                                                transfers) for your most recently                          (c) the quantity and value of your                  AGENCY: United States International
                                                completed fiscal year (identify the date                firm’s(s’) exports to the United States of             Trade Commission.
                                                on which your fiscal year ends).                        Subject Merchandise and, if known, an                  ACTION: Notice.
                                                   (10) If you are a U.S. importer or a                 estimate of the percentage of total
                                                trade/business association of U.S.                      exports to the United States of Subject                SUMMARY:   The Commission hereby gives
                                                importers of the Subject Merchandise                                                                           notice of the institution of investigations
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                                                                                                        Merchandise from each Subject Country
                                                from any Subject Country, provide the                   accounted for by your firm’s(s’) exports.              and commencement of preliminary
                                                following information on your firm’s(s’)                   (12) Identify significant changes, if               phase antidumping duty investigation
                                                operations on that product during                       any, in the supply and demand                          Nos. 731–TA–1378–1379 (Preliminary)
                                                calendar year 2016 (report quantity data                conditions or business cycle for the                   pursuant to the Tariff Act of 1930 (‘‘the
                                                in short tons and value data in U.S.                    Domestic Like Product that have                        Act’’) to determine whether there is a
                                                dollars). If you are a trade/business                   occurred in the United States or in the                reasonable indication that an industry
                                                association, provide the information, on                market for the Subject Merchandise in                  in the United States is materially


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Document Created: 2018-11-14 10:20:01
Document Modified: 2018-11-14 10:20:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective 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.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation82 FR 30905 

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