82_FR_41823 82 FR 41654 - Certain Polyester Staple Fiber From China; Institution of a Five-Year Review

82 FR 41654 - Certain Polyester Staple Fiber From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41654-41656
FR Document2017-18358

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on certain polyester staple fiber from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017) 
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41654-41656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18358]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1104 (Second Review)]


Certain Polyester Staple Fiber From China; Institution of a Five-
Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

DATES: Date of institution is September 1, 2017. To be assured of 
consideration, the deadline for responses is October 2, 2017. Comments 
on the adequacy of responses may be filed with the Commission by 
November 13, 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 June 1, 2007, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of certain 
polyester staple fiber from China (72 FR 30545). Following the first 
five-year reviews by Commerce and the Commission, effective October 12, 
2012, Commerce issued a continuation of the antidumping duty order on 
imports of certain polyester staple fiber from China (77 FR 62217). The 
Commission is now conducting a second review pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
revocation of the order would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and its first five-year review determination, the 
Commission defined the Domestic Like Product as all certain polyester 
staple fiber, coextensive with the scope of the investigation.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination and 
its first five-year review determination, the Commission defined the 
Domestic Industry as all known domestic producers of certain polyester 
staple fiber.
    (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

[[Page 41655]]

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 October 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 review. The deadline for filing 
such comments is November 13, 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. 17-5-394, 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 determination in the review.

INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: 
As used below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
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

[[Page 41656]]

(report quantity data in pounds and value data in U.S. dollars, f.o.b. 
plant). If you are a union/worker group or trade/business association, 
provide the information, on an aggregate basis, for the firms in which 
your workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2016 (report quantity data in pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2016 (report quantity 
data in pounds and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2011, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: August 24, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-18358 Filed 8-31-17; 8:45 am]
 BILLING CODE 7020-02-P

41654 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices production methods; development responses may be filed with the absence of like, most similar in efforts; ability to increase production Commission by November 13, 2017. characteristics and uses with, the (including the shift of production FOR FURTHER INFORMATION CONTACT: Subject Merchandise. In its original facilities used for other products and the Mary Messer (202–205–3193), Office of determination and its first five-year use, cost, or availability of major inputs Investigations, U.S. International Trade review determination, the Commission into production); and factors related to Commission, 500 E Street SW., defined the Domestic Like Product as all the ability to shift supply among Washington, DC 20436. Hearing- certain polyester staple fiber, different national markets (including impaired persons can obtain coextensive with the scope of the barriers to importation in foreign information on this matter by contacting investigation. markets or changes in market demand the Commission’s TDD terminal on 202– (4) The Domestic Industry is the U.S. abroad). Demand conditions to consider 205–1810. Persons with mobility producers as a whole of the Domestic include end uses and applications; the impairments who will need special Like Product, or those producers whose existence and availability of substitute assistance in gaining access to the collective output of the Domestic Like products; and the level of competition Commission should contact the Office Product constitutes a major proportion among the Domestic Like Product of the Secretary at 202–205–2000. of the total domestic production of the produced in the United States, Subject General information concerning the product. In its original determination Merchandise produced in the Subject Commission may also be obtained by and its first five-year review Country, and such merchandise from accessing its internet server (https:// determination, the Commission defined other countries. www.usitc.gov). The public record for the Domestic Industry as all known (13) (OPTIONAL) A statement of this proceeding may be viewed on the domestic producers of certain polyester whether you agree with the above Commission’s electronic docket (EDIS) staple fiber. definitions of the Domestic Like Product (5) An Importer is any person or firm at https://edis.usitc.gov. and Domestic Industry; if you disagree engaged, either directly or through a SUPPLEMENTARY INFORMATION: parent company or subsidiary, in with either or both of these definitions, Background.—On June 1, 2007, the please explain why and provide importing the Subject Merchandise into Department of Commerce (‘‘Commerce’’) the United States from a foreign alternative definitions. issued an antidumping duty order on Authority: This proceeding is being manufacturer or through its selling imports of certain polyester staple fiber agent. conducted under authority of title VII of from China (72 FR 30545). Following the Tariff Act of 1930; this notice is Participation in the proceeding and the first five-year reviews by Commerce public service list.—Persons, including published pursuant to section 207.61 of and the Commission, effective October the Commission’s rules. industrial users of the Subject 12, 2012, Commerce issued a Merchandise and, if the merchandise is By order of the Commission. continuation of the antidumping duty sold at the retail level, representative Issued: August 24, 2017. order on imports of certain polyester consumer organizations, wishing to Katherine M. Hiner, staple fiber from China (77 FR 62217). participate in the proceeding as parties Supervisory Attorney. The Commission is now conducting a must file an entry of appearance with [FR Doc. 2017–18359 Filed 8–31–17; 8:45 am] second review pursuant to section the Secretary to the Commission, as BILLING CODE 7020–02–P 751(c) of the Act, as amended (19 U.S.C. provided in section 201.11(b)(4) of the 1675(c)), to determine whether Commission’s rules, no later than 21 revocation of the order would be likely days after publication of this notice in INTERNATIONAL TRADE to lead to continuation or recurrence of the Federal Register. The Secretary will COMMISSION material injury to the domestic industry maintain a public service list containing within a reasonably foreseeable time. the names and addresses of all persons, [Investigation No. 731–TA–1104 (Second Provisions concerning the conduct of or their representatives, who are parties Review)] this proceeding may be found in the to the proceeding. Certain Polyester Staple Fiber From Commission’s Rules of Practice and Former Commission employees who China; Institution of a Five-Year Procedure at 19 CFR parts 201, subparts are seeking to appear in Commission Review A and B and 19 CFR part 207, subparts five-year reviews are advised that they A and F. The Commission will assess may appear in a review even if they AGENCY: United States International the adequacy of interested party participated personally and Trade Commission. responses to this notice of institution to substantially in the corresponding ACTION: Notice. determine whether to conduct a full underlying original investigation or an review or an expedited review. The earlier review of the same underlying SUMMARY: The Commission hereby gives Commission’s determination in any investigation. The Commission’s notice that it has instituted a review expedited review will be based on the designated agency ethics official has pursuant to the Tariff Act of 1930 (‘‘the facts available, which may include advised that a five-year review is not the Act’’), as amended, to determine information provided in response to this same particular matter as the underlying whether revocation of the antidumping notice. original investigation, and a five-year duty order on certain polyester staple Definitions.—The following review is not the same particular matter fiber from China would be likely to lead definitions apply to this review: as an earlier review of the same to continuation or recurrence of material (1) Subject Merchandise is the class or underlying investigation for purposes of injury. Pursuant to the Act, interested 18 U.S.C. 207, the post employment sradovich on DSK3GMQ082PROD with NOTICES kind of merchandise that is within the parties are requested to respond to this scope of the five-year review, as defined statute for Federal employees, and notice by submitting the information by Commerce. Commission rule 201.15(b) (19 CFR specified below to the Commission. (2) The Subject Country in this review 201.15(b)), 79 FR 3246 (Jan. 17, 2014), DATES: Date of institution is September is China. 73 FR 24609 (May 5, 2008). 1, 2017. To be assured of consideration, (3) The Domestic Like Product is the Consequently, former employees are not the deadline for responses is October 2, domestically produced product or required to seek Commission approval 2017. Comments on the adequacy of products which are like, or in the to appear in a review under Commission VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41655 rule 19 CFR 201.15, even if the for filing such comments is November fax number, and Email address of the corresponding underlying original 13, 2017. All written submissions must certifying official. investigation or an earlier review of the conform with the provisions of section (2) A statement indicating whether same underlying investigation was 201.8 of the Commission’s rules; any your firm/entity is an interested party pending when they were Commission submissions that contain BPI must also under 19 U.S.C. 1677(9) and if so, how, employees. For further ethics advice on conform with the requirements of including whether your firm/entity is a this matter, contact Charles Smith, sections 201.6, 207.3, and 207.7 of the U.S. producer of the Domestic Like Deputy Agency Ethics Official, at 202– Commission’s rules. The Commission’s Product, a U.S. union or worker group, 205–3408. Handbook on E-Filing, available on the a U.S. importer of the Subject Limited disclosure of business Commission’s Web site at https://www. Merchandise, a foreign producer or proprietary information (BPI) under an usitc.gov/secretary/documents/ exporter of the Subject Merchandise, a administrative protective order (APO) handbook_on_filing_procedures.pdf, U.S. or foreign trade or business and APO service list.—Pursuant to elaborates upon the Commission’s rules association (a majority of whose section 207.7(a) of the Commission’s with respect to electronic filing. Also, in members are interested parties under rules, the Secretary will make BPI accordance with sections 201.16(c) and the statute), or another interested party submitted in this proceeding available 207.3 of the Commission’s rules, each (including an explanation). If you are a to authorized applicants under the APO document filed by a party to the union/worker group or trade/business issued in the proceeding, provided that proceeding must be served on all other association, identify the firms in which the application is made no later than 21 parties to the proceeding (as identified your workers are employed or which are days after publication of this notice in by either the public or APO service list members of your association. the Federal Register. Authorized as appropriate), and a certificate of (3) A statement indicating whether applicants must represent interested service must accompany the document your firm/entity is willing to participate parties, as defined in 19 U.S.C. 1677(9), (if you are not a party to the proceeding in this proceeding by providing who are parties to the proceeding. A you do not need to serve your response). information requested by the separate service list will be maintained Commission. by the Secretary for those parties No response to this request for (4) A statement of the likely effects of authorized to receive BPI under the information is required if a currently the revocation of the antidumping duty APO. valid Office of Management and Budget order on the Domestic Industry in Certification.—Pursuant to section (‘‘OMB’’) number is not displayed; the general and/or your firm/entity 207.3 of the Commission’s rules, any OMB number is 3117 0016/USITC No. specifically. In your response, please person submitting information to the 17–5–394, expiration date June 30, discuss the various factors specified in Commission in connection with this 2020. Public reporting burden for the section 752(a) of the Act (19 U.S.C. proceeding must certify that the request is estimated to average 15 hours 1675a(a)) including the likely volume of information is accurate and complete to per response. Please send comments subject imports, likely price effects of the best of the submitter’s knowledge. In regarding the accuracy of this burden subject imports, and likely impact of making the certification, the submitter estimate to the Office of Investigations, imports of Subject Merchandise on the will acknowledge that information U.S. International Trade Commission, Domestic Industry. submitted in response to this request for 500 E Street SW., Washington, DC (5) A list of all known and currently information and throughout this 20436. operating U.S. producers of the proceeding or other proceeding may be Inability to provide requested Domestic Like Product. Identify any disclosed to and used: (i) By the information.—Pursuant to section known related parties and the nature of Commission, its employees and Offices, 207.61(c) of the Commission’s rules, any the relationship as defined in section and contract personnel (a) for interested party that cannot furnish the 771(4)(B) of the Act (19 U.S.C. developing or maintaining the records information requested by this notice in 1677(4)(B)). of this or a related proceeding, or (b) in the requested form and manner shall (6) A list of all known and currently internal investigations, audits, reviews, notify the Commission at the earliest operating U.S. importers of the Subject and evaluations relating to the possible time, provide a full explanation Merchandise and producers of the programs, personnel, and operations of of why it cannot provide the requested Subject Merchandise in each Subject the Commission including under 5 information, and indicate alternative Country that currently export or have U.S.C. Appendix 3; or (ii) by U.S. forms in which it can provide exported Subject Merchandise to the government employees and contract equivalent information. If an interested United States or other countries after personnel, solely for cybersecurity party does not provide this notification 2011. purposes. All contract personnel will (or the Commission finds the (7) A list of 3–5 leading purchasers in sign appropriate nondisclosure explanation provided in the notification the U.S. market for the Domestic Like agreements. inadequate) and fails to provide a Product and the Subject Merchandise Written submissions.—Pursuant to complete response to this notice, the (including street address, World Wide section 207.61 of the Commission’s Commission may take an adverse Web address, and the name, telephone rules, each interested party response to inference against the party pursuant to number, fax number, and Email address this notice must provide the information section 776(b) of the Act (19 U.S.C. of a responsible official at each firm). specified below. The deadline for filing 1677e(b)) in making its determination in (8) A list of known sources of such responses is October 2, 2017. the review. information on national or regional Pursuant to section 207.62(b) of the sradovich on DSK3GMQ082PROD with NOTICES prices for the Domestic Like Product or Commission’s rules, eligible parties (as INFORMATION TO BE PROVIDED IN RESPONSE the Subject Merchandise in the U.S. or specified in Commission rule TO THIS NOTICE OF INSTITUTION: As used other markets. 207.62(b)(1)) may also file comments below, the term ‘‘firm’’ includes any (9) If you are a U.S. producer of the concerning the adequacy of responses to related firms. Domestic Like Product, provide the the notice of institution and whether the (1) The name and address of your firm following information on your firm’s Commission should conduct an or entity (including World Wide Web operations on that product during expedited or full review. The deadline address) and name, telephone number, calendar year 2016, except as noted VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

41656 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices (report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. products; and the level of competition value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from the firms in which your workers are (11) If you are a producer, an exporter, other countries. employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of association. producers or exporters of the Subject whether you agree with the above (a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions, Like Product accounted for by your product during calendar year 2016 please explain why and provide firm’s(s’) production; (report quantity data in pounds and alternative definitions. (b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and Authority: This proceeding is being produce the Domestic Like Product (that duty-paid at the U.S. port but not conducted under authority of title VII of the is, the level of production that your including antidumping duties). If you Tariff Act of 1930; this notice is published establishment(s) could reasonably have are a trade/business association, provide pursuant to section 207.61 of the expected to attain during the year, the information, on an aggregate basis, Commission’s rules. assuming normal operating conditions for the firms which are members of your By order of the Commission. (using equipment and machinery in association. place and ready to operate), normal (a) Production (quantity) and, if Issued: August 24, 2017. operating levels (hours per week/weeks known, an estimate of the percentage of Katherine M. Hiner, per year), time for downtime, total production of Subject Merchandise Supervisory Attorney. maintenance, repair, and cleanup, and a in the Subject Country accounted for by [FR Doc. 2017–18358 Filed 8–31–17; 8:45 am] typical or representative product mix); your firm’s(s’) production; BILLING CODE 7020–02–P (c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s) commercial shipments of the Domestic to produce the Subject Merchandise in Like Product produced in your U.S. the Subject Country (that is, the level of INTERNATIONAL TRADE plant(s); production that your establishment(s) COMMISSION (d) the quantity and value of U.S. could reasonably have expected to [Investigation Nos. 701–TA–587 and 731– internal consumption/company attain during the year, assuming normal TA–1385–1386 (Preliminary)] transfers of the Domestic Like Product operating conditions (using equipment produced in your U.S. plant(s); and and machinery in place and ready to Titanium Sponge From Japan and (e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours Kazakhstan; Institution of Antidumping of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for and Countervailing Duty Investigations (iv) selling, general and administrative downtime, maintenance, repair, and and Scheduling of Preliminary Phase (SG&A) expenses, and (v) operating cleanup, and a typical or representative Investigations income of the Domestic Like Product product mix); and produced in your U.S. plant(s) (include (c) the quantity and value of your AGENCY: United States International both U.S. and export commercial sales, firm’s(s’) exports to the United States of Trade Commission. internal consumption, and company Subject Merchandise and, if known, an ACTION: Notice. transfers) for your most recently estimate of the percentage of total completed fiscal year (identify the date exports to the United States of Subject SUMMARY: The Commission hereby gives on which your fiscal year ends). Merchandise from the Subject Country notice of the institution of investigations (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. and commencement of preliminary trade/business association of U.S. (12) Identify significant changes, if phase antidumping and countervailing importers of the Subject Merchandise any, in the supply and demand duty investigation Nos. 701–TA–587 from the Subject Country, provide the conditions or business cycle for the and 731–TA–1385–1386 (Preliminary) following information on your firm’s(s’) Domestic Like Product that have pursuant to the Tariff Act of 1930 (‘‘the operations on that product during occurred in the United States or in the Act’’) to determine whether there is a calendar year 2016 (report quantity data market for the Subject Merchandise in reasonable indication that an industry in pounds and value data in U.S. the Subject Country after 2011, and in the United States is materially dollars). If you are a trade/business significant changes, if any, that are injured or threatened with material association, provide the information, on likely to occur within a reasonably injury, or the establishment of an an aggregate basis, for the firms which foreseeable time. Supply conditions to industry in the United States is are members of your association. consider include technology; materially retarded, by reason of (a) The quantity and value (landed, production methods; development imports of titanium sponge from Japan duty-paid but not including efforts; ability to increase production and Kazakhstan, provided for in antidumping duties) of U.S. imports (including the shift of production subheading 8108.20.00 of the and, if known, an estimate of the facilities used for other products and the Harmonized Tariff Schedule of the percentage of total U.S. imports of use, cost, or availability of major inputs United States, that are alleged to be sold into production); and factors related to in the United States at less than fair sradovich on DSK3GMQ082PROD with NOTICES Subject Merchandise from the Subject Country accounted for by your firm’s(s’) the ability to shift supply among value and alleged to be subsidized by imports; different national markets (including the Government of Kazakhstan. Unless (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign the Department of Commerce extends port, including antidumping duties) of markets or changes in market demand the time for initiation, the Commission U.S. commercial shipments of Subject abroad). Demand conditions to consider must reach a preliminary determination Merchandise imported from the Subject include end uses and applications; the in antidumping and countervailing duty Country; and existence and availability of substitute investigations in 45 days, or in this case VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1


Document Created: 2017-09-01 01:50:45
Document Modified: 2017-09-01 01:50:45
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.
DatesDate of institution is September 1, 2017. To be assured of consideration, the deadline for responses is October 2, 2017. Comments on the adequacy of responses may be filed with the Commission by November 13, 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 41654 
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