82_FR_46081 82 FR 45892 - Silicomanganese From China and Ukraine: Institution of Five-Year Reviews

82 FR 45892 - Silicomanganese From China and Ukraine: Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 189 (October 2, 2017)

Page Range45892-45894
FR Document2017-20971

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 silicomanganese from China and Ukraine 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 189 (Monday, October 2, 2017)
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45892-45894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20971]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-672-673 (Fourth Review)]


Silicomanganese From China and Ukraine: 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 
silicomanganese from China and Ukraine 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: Instituted October 2, 2017. To be assured of consideration, the 
deadline for responses is November 1, 2017. Comments on the adequacy of 
responses may be filed with the Commission by December 7, 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 October 31, 1994, the Department of Commerce 
(``Commerce'') suspended an antidumping duty investigation on imports 
of silicomanganese from Ukraine (59 FR 60951, November 29, 1994). On 
December 22, 1994, Commerce issued an antidumping duty order on imports 
of silicomanganese from China (59 FR 66003). Following first five-year 
reviews by Commerce and the Commission, effective February 16, 2001, 
Commerce issued a continuation of the antidumping duty order on imports 
of silicomanganese from China and of the suspended investigation on 
imports of silicomanganese from Ukraine (66 FR 10669). On July 19, 
2001, the Government of Ukraine requested termination of the suspension 
agreement on silicomanganese from Ukraine and, effective September 17, 
2001, Commerce issued an antidumping duty order on imports of 
silicomanganese from Ukraine (66 FR 43838, August 21, 2001). Following 
second five-year reviews by Commerce and the Commission, effective 
September 14, 2006, Commerce issued a continuation of the antidumping 
duty orders on imports of silicomanganese from China and Ukraine (71 FR 
54272). Following the third five-year reviews by Commerce and the 
Commission, effective November 8, 2012, Commerce issued a continuation 
of the antidumping duty orders on imports of silicomanganese from China 
and Ukraine (77 FR 66956). 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 any expedited reviews will 
be based on the facts available, which may include information provided 
in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are China and Ukraine.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, its full first five-year review determinations, its 
expedited second five-year review determinations, and its full third 
five-year review determinations, the Commission defined the Domestic 
Like Product as all silicomanganese, coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, its 
full first five-year review determinations, its expedited second five-
year review determinations, and its full third five-year review 
determinations, the Commission defined the Domestic Industry as all 
domestic producers of silicomanganese.
    (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

[[Page 45893]]

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 November 1, 2017. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is December 7, 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. 17-5-396, 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 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).

[[Page 45894]]

    (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 duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2016 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2011, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (Optional) A statement of whether you agree with the above 
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: September 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20971 Filed 9-29-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                45892                        Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

                                                  Issued: September 26, 2017.                           order on imports of silicomanganese                   determinations, its full first five-year
                                                Lisa R. Barton,                                         from China (59 FR 66003). Following                   review determinations, its expedited
                                                Secretary to the Commission.                            first five-year reviews by Commerce and               second five-year review determinations,
                                                [FR Doc. 2017–21020 Filed 9–29–17; 8:45 am]             the Commission, effective February 16,                and its full third five-year review
                                                BILLING CODE 7020–02–P
                                                                                                        2001, Commerce issued a continuation                  determinations, the Commission
                                                                                                        of the antidumping duty order on                      defined the Domestic Like Product as all
                                                                                                        imports of silicomanganese from China                 silicomanganese, coextensive with
                                                INTERNATIONAL TRADE                                     and of the suspended investigation on                 Commerce’s scope.
                                                COMMISSION                                              imports of silicomanganese from                          (4) The Domestic Industry is the U.S.
                                                                                                        Ukraine (66 FR 10669). On July 19,                    producers as a whole of the Domestic
                                                [Investigation Nos. 731–TA–672–673 (Fourth              2001, the Government of Ukraine                       Like Product, or those producers whose
                                                Review)]                                                                                                      collective output of the Domestic Like
                                                                                                        requested termination of the suspension
                                                                                                        agreement on silicomanganese from                     Product constitutes a major proportion
                                                Silicomanganese From China and
                                                                                                        Ukraine and, effective September 17,                  of the total domestic production of the
                                                Ukraine: Institution of Five-Year
                                                                                                        2001, Commerce issued an antidumping                  product. In its original determinations,
                                                Reviews
                                                                                                        duty order on imports of                              its full first five-year review
                                                AGENCY: United States International                     silicomanganese from Ukraine (66 FR                   determinations, its expedited second
                                                Trade Commission.                                       43838, August 21, 2001). Following                    five-year review determinations, and its
                                                ACTION: Notice.                                         second five-year reviews by Commerce                  full third five-year review
                                                                                                        and the Commission, effective                         determinations, the Commission
                                                SUMMARY:    The Commission hereby gives                 September 14, 2006, Commerce issued a                 defined the Domestic Industry as all
                                                notice that it has instituted reviews                   continuation of the antidumping duty                  domestic producers of silicomanganese.
                                                pursuant to the Tariff Act of 1930 (‘‘the               orders on imports of silicomanganese                     (5) An Importer is any person or firm
                                                Act’’), as amended, to determine                        from China and Ukraine (71 FR 54272).                 engaged, either directly or through a
                                                whether revocation of the antidumping                   Following the third five-year reviews by              parent company or subsidiary, in
                                                duty orders on silicomanganese from                     Commerce and the Commission,                          importing the Subject Merchandise into
                                                China and Ukraine would be likely to                    effective November 8, 2012, Commerce                  the United States from a foreign
                                                lead to continuation or recurrence of                   issued a continuation of the                          manufacturer or through its selling
                                                material injury. Pursuant to the Act,                   antidumping duty orders on imports of                 agent.
                                                interested parties are requested to                     silicomanganese from China and                           Participation in the proceeding and
                                                respond to this notice by submitting the                Ukraine (77 FR 66956). The Commission                 public service list.—Persons, including
                                                information specified below to the                      is now conducting fourth five-year                    industrial users of the Subject
                                                Commission.                                             reviews pursuant to section 751(c) of the             Merchandise and, if the merchandise is
                                                                                                        Act, as amended (19 U.S.C. 1675(c)), to               sold at the retail level, representative
                                                DATES: Instituted October 2, 2017. To be
                                                                                                        determine whether revocation of the                   consumer organizations, wishing to
                                                assured of consideration, the deadline
                                                                                                        orders would be likely to lead to                     participate in the proceeding as parties
                                                for responses is November 1, 2017.
                                                                                                        continuation or recurrence of material                must file an entry of appearance with
                                                Comments on the adequacy of responses
                                                                                                        injury to the domestic industry within                the Secretary to the Commission, as
                                                may be filed with the Commission by                                                                           provided in section 201.11(b)(4) of the
                                                December 7, 2017.                                       a reasonably foreseeable time.
                                                                                                        Provisions concerning the conduct of                  Commission’s rules, no later than 21
                                                FOR FURTHER INFORMATION CONTACT:                                                                              days after publication of this notice in
                                                                                                        this proceeding may be found in the
                                                Mary Messer (202–205–3193), Office of                                                                         the Federal Register. The Secretary will
                                                                                                        Commission’s Rules of Practice and
                                                Investigations, U.S. International Trade                                                                      maintain a public service list containing
                                                                                                        Procedure at 19 CFR parts 201, subparts
                                                Commission, 500 E Street SW.,                                                                                 the names and addresses of all persons,
                                                                                                        A and B and 19 CFR part 207, subparts
                                                Washington, DC 20436. Hearing-                                                                                or their representatives, who are parties
                                                                                                        A and F. The Commission will assess
                                                impaired persons can obtain                             the adequacy of interested party                      to the proceeding.
                                                information on this matter by contacting                responses to this notice of institution to               Former Commission employees who
                                                the Commission’s TDD terminal on 202–                   determine whether to conduct full or                  are seeking to appear in Commission
                                                205–1810. Persons with mobility                         expedited reviews. The Commission’s                   five-year reviews are advised that they
                                                impairments who will need special                       determinations in any expedited                       may appear in a review even if they
                                                assistance in gaining access to the                     reviews will be based on the facts                    participated personally and
                                                Commission should contact the Office                    available, which may include                          substantially in the corresponding
                                                of the Secretary at 202–205–2000.                       information provided in response to this              underlying original investigation or an
                                                General information concerning the                      notice.                                               earlier review of the same underlying
                                                Commission may also be obtained by                         Definitions.—The following                         investigation. The Commission’s
                                                accessing its internet server (https://                 definitions apply to these reviews:                   designated agency ethics official has
                                                www.usitc.gov). The public record for                      (1) Subject Merchandise is the class or            advised that a five-year review is not the
                                                this proceeding may be viewed on the                    kind of merchandise that is within the                same particular matter as the underlying
                                                Commission’s electronic docket (EDIS)                   scope of the five-year reviews, as                    original investigation, and a five-year
                                                at https://edis.usitc.gov.                              defined by the Department of                          review is not the same particular matter
                                                SUPPLEMENTARY INFORMATION:                              Commerce.                                             as an earlier review of the same
                                                   Background.—On October 31, 1994,                                                                           underlying investigation for purposes of
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           (2) The Subject Countries in these
                                                the Department of Commerce                              reviews are China and Ukraine.                        18 U.S.C. 207, the post employment
                                                (‘‘Commerce’’) suspended an                                (3) The Domestic Like Product is the               statute for Federal employees, and
                                                antidumping duty investigation on                       domestically produced product or                      Commission rule 201.15(b) (19 CFR
                                                imports of silicomanganese from                         products which are like, or in the                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                Ukraine (59 FR 60951, November 29,                      absence of like, most similar in                      73 FR 24609 (May 5, 2008).
                                                1994). On December 22, 1994,                            characteristics and uses with, the                    Consequently, former employees are not
                                                Commerce issued an antidumping duty                     Subject Merchandise. In its original                  required to seek Commission approval


                                           VerDate Sep<11>2014   19:01 Sep 29, 2017   Jkt 244001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\02OCN1.SGM   02OCN1


                                                                             Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices                                             45893

                                                to appear in a review under Commission                  or full reviews. The deadline for filing              Country, you may file a single response.
                                                rule 19 CFR 201.15, even if the                         such comments is December 7, 2017. All                If you do so, please ensure that your
                                                corresponding underlying original                       written submissions must conform with                 response to each question includes the
                                                investigation or an earlier review of the               the provisions of section 201.8 of the                information requested for each pertinent
                                                same underlying investigation was                       Commission’s rules; any submissions                   Subject Country. As used below, the
                                                pending when they were Commission                       that contain BPI must also conform with               term ‘‘firm’’ includes any related firms.
                                                employees. For further ethics advice on                 the requirements of sections 201.6,                      (1) The name and address of your firm
                                                this matter, contact Charles Smith,                     207.3, and 207.7 of the Commission’s                  or entity (including World Wide Web
                                                Deputy Agency Ethics Official, at 202–                  rules. The Commission’s Handbook on                   address) and name, telephone number,
                                                205–3408.                                               E-Filing, available on the Commission’s               fax number, and Email address of the
                                                   Limited disclosure of business                       Web site at https://www.usitc.gov/                    certifying official.
                                                proprietary information (BPI) under an                  secretary/documents/handbook_on_                         (2) A statement indicating whether
                                                administrative protective order (APO)                   filing_procedures.pdf, elaborates upon                your firm/entity is an interested party
                                                and APO service list.—Pursuant to                       the Commission’s rules with respect to                under 19 U.S.C. 1677(9) and if so, how,
                                                section 207.7(a) of the Commission’s                    electronic filing. Also, in accordance                including whether your firm/entity is a
                                                rules, the Secretary will make BPI                      with sections 201.16(c) and 207.3 of the              U.S. producer of the Domestic Like
                                                submitted in this proceeding available                  Commission’s rules, each document                     Product, a U.S. union or worker group,
                                                to authorized applicants under the APO                  filed by a party to the proceeding must               a U.S. importer of the Subject
                                                issued in the proceeding, provided that                 be served on all other parties to the                 Merchandise, a foreign producer or
                                                the application is made no later than 21                proceeding (as identified by either the               exporter of the Subject Merchandise, a
                                                days after publication of this notice in                public or APO service list as                         U.S. or foreign trade or business
                                                the Federal Register. Authorized                        appropriate), and a certificate of service            association (a majority of whose
                                                applicants must represent interested                    must accompany the document (if you                   members are interested parties under
                                                parties, as defined in 19 U.S.C. 1677(9),               are not a party to the proceeding you do              the statute), or another interested party
                                                who are parties to the proceeding. A                    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                    17–5–396, 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
                                                proceeding must certify that the                                                                              information requested by the
                                                                                                        per response. Please send comments
                                                information is accurate and complete to                                                                       Commission.
                                                                                                        regarding the accuracy of this burden
                                                the best of the submitter’s knowledge. In                                                                        (4) A statement of the likely effects of
                                                                                                        estimate to the Office of Investigations,
                                                making the certification, the submitter                                                                       the revocation of the antidumping duty
                                                                                                        U.S. International Trade Commission,
                                                will acknowledge that information                       500 E Street SW., Washington, DC                      orders on the Domestic Industry in
                                                submitted in response to this request for               20436.                                                general and/or your firm/entity
                                                information and throughout this                            Inability to provide requested                     specifically. In your response, please
                                                proceeding or other proceeding may be                   information.—Pursuant to section                      discuss the various factors specified in
                                                disclosed to and used: (i) By the                       207.61(c) of the Commission’s rules, any              section 752(a) of the Act (19 U.S.C.
                                                Commission, its employees and Offices,                  interested party that cannot furnish the              1675a(a)) including the likely volume of
                                                and contract personnel (a) for                          information requested by this notice in               subject imports, likely price effects of
                                                developing or maintaining the records                   the requested form and manner shall                   subject imports, and likely impact of
                                                of this or a related proceeding, or (b) in              notify the Commission at the earliest                 imports of Subject Merchandise on the
                                                internal investigations, audits, reviews,               possible time, provide a full explanation             Domestic Industry.
                                                and evaluations relating to the                         of why it cannot provide the requested                   (5) A list of all known and currently
                                                programs, personnel, and operations of                  information, and indicate alternative                 operating U.S. producers of the
                                                the Commission including under 5                        forms in which it can provide                         Domestic Like Product. Identify any
                                                U.S.C. Appendix 3; or (ii) by U.S.                      equivalent information. If an interested              known related parties and the nature of
                                                government employees and contract                       party does not provide this notification              the relationship as defined in section
                                                personnel, solely for cybersecurity                     (or the Commission finds the                          771(4)(B) of the Act (19 U.S.C.
                                                purposes. All contract personnel will                   explanation provided in the notification              1677(4)(B)).
                                                sign appropriate nondisclosure                          inadequate) and fails to provide a                       (6) A list of all known and currently
                                                agreements.                                             complete response to this notice, the                 operating U.S. importers of the Subject
                                                   Written submissions.—Pursuant to                     Commission may take an adverse                        Merchandise and producers of the
                                                section 207.61 of the Commission’s                      inference against the party pursuant to               Subject Merchandise in each Subject
                                                rules, each interested party response to                section 776(b) of the Act (19 U.S.C.                  Country that currently export or have
                                                this notice must provide the information                1677e(b)) in making its determinations                exported Subject Merchandise to the
                                                specified below. The deadline for filing                in the reviews.                                       United States or other countries after
                                                such responses is November 1, 2017.                        Information to be provided in                      2011.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Pursuant to section 207.62(b) of the                    response to this notice of institution: If               (7) A list of 3–5 leading purchasers in
                                                Commission’s rules, eligible parties (as                you are a domestic producer, union/                   the U.S. market for the Domestic Like
                                                specified in Commission rule                            worker group, or trade/business                       Product and the Subject Merchandise
                                                207.62(b)(1)) may also file comments                    association; import/export Subject                    (including street address, World Wide
                                                concerning the adequacy of responses to                 Merchandise from more than one                        Web address, and the name, telephone
                                                the notice of institution and whether the               Subject Country; or produce Subject                   number, fax number, and Email address
                                                Commission should conduct expedited                     Merchandise in more than one Subject                  of a responsible official at each firm).


                                           VerDate Sep<11>2014   19:01 Sep 29, 2017   Jkt 244001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\02OCN1.SGM   02OCN1


                                                45894                        Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

                                                   (8) A list of known sources of                       and, if known, an estimate of the                     facilities used for other products and the
                                                information on national or regional                     percentage of total U.S. imports of                   use, cost, or availability of major inputs
                                                prices for the Domestic Like Product or                 Subject Merchandise from each Subject                 into production); and factors related to
                                                the Subject Merchandise in the U.S. or                  Country accounted for by your firm’s(s’)              the ability to shift supply among
                                                other markets.                                          imports;                                              different national markets (including
                                                   (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            barriers to importation in foreign
                                                Domestic Like Product, provide the                      port, including antidumping duties) of                markets or changes in market demand
                                                following information on your firm’s                    U.S. commercial shipments of Subject                  abroad). Demand conditions to consider
                                                operations on that product during                       Merchandise imported from each                        include end uses and applications; the
                                                calendar year 2016, except as noted                     Subject Country; and                                  existence and availability of substitute
                                                (report quantity data in short tons 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 each Subject
                                                information, on an aggregate basis, for                 imported from each 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 any 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 short tons and               alternative definitions.
                                                   (b) Capacity (quantity) of your firm to              value data in U.S. dollars, landed and
                                                produce the Domestic Like Product (that                 duty-paid at the U.S. port but not                      Authority: This proceeding is being
                                                is, the level of production that your                   including antidumping duties). If you                 conducted under authority of title VII of the
                                                                                                                                                              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
                                                (using equipment and machinery in                       association.                                            By order of the Commission.
                                                place and ready to operate), normal                        (a) Production (quantity) and, if                    Issued: September 26, 2017.
                                                operating levels (hours per week/weeks                  known, an estimate of the percentage of               Lisa R. Barton,
                                                per year), time for downtime,                           total production of Subject Merchandise               Secretary to the Commission.
                                                maintenance, repair, and cleanup, and a                 in each Subject Country accounted for                 [FR Doc. 2017–20971 Filed 9–29–17; 8:45 am]
                                                typical or representative product mix);                 by 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.                      each Subject Country (that is, the level              DEPARTMENT OF JUSTICE
                                                plant(s);                                               of production that your establishment(s)
                                                   (d) the quantity and value of U.S.                   could reasonably have expected to                     Notice of Lodging of Proposed
                                                internal consumption/company                            attain during the year, assuming normal               Consent Decree Under the
                                                transfers of the Domestic Like Product                  operating conditions (using equipment                 Comprehensive Environmental
                                                produced in your U.S. plant(s); and                     and machinery in place and ready to                   Response, Compensation, and Liability
                                                   (e) the value of (i) net sales, (ii) cost            operate), normal operating levels (hours              Act
                                                of goods sold (COGS), (iii) gross profit,               per week/weeks per year), time for
                                                (iv) selling, general and administrative                downtime, maintenance, repair, and                      On September 22, 2017, the
                                                (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              Department of Justice lodged a proposed
                                                income of the Domestic Like Product                     product mix); and                                     Consent Decree with the United States
                                                produced in your U.S. plant(s) (include                    (c) the quantity and value of your                 District Court for the District of
                                                both U.S. and export commercial sales,                  firm’s(s’) exports to the United States of            Minnesota in the lawsuit entitled
                                                internal consumption, and company                       Subject Merchandise and, if known, an                 United States v. City of Cass Lake, Civil
                                                transfers) for your most recently                       estimate of the percentage of total                   Action No. 17–4367.
                                                completed fiscal year (identify the date                exports to the United States of Subject                 In this action, the United States
                                                on which your fiscal year ends).                        Merchandise from each Subject Country                 brought claims against the City of Cass
                                                   (10) If you are a U.S. importer or a                 accounted for by your firm’s(s’) exports.             Lake, Minnesota for response costs and
                                                trade/business association of U.S.                         (12) Identify significant changes, if              injunctive relief associated with the
                                                importers of the Subject Merchandise                    any, in the supply and demand                         release and threatened release of
                                                from any Subject Country, provide the                   conditions or business cycle for the                  hazardous substances from facilities at
                                                following information on your firm’s(s’)                Domestic Like Product that have                       and near the St. Regis Paper Company
                                                operations on that product during                       occurred in the United States or in the               Superfund Site (‘‘Site’’) in Cass Lake,
                                                calendar year 2016 (report quantity data                market for the Subject Merchandise in                 Minnesota, pursuant to the
                                                                                                        each Subject Country after 2011, and                  Comprehensive Environmental
sradovich on DSK3GMQ082PROD with NOTICES




                                                in short tons and value data in U.S.
                                                dollars). If you are a trade/business                   significant changes, if any, that are                 Response, Compensation, and Liability
                                                association, provide the information, on                likely to occur within a reasonably                   Act, 42 U.S.C. 9601 et seq. (‘‘CERCLA’’).
                                                an aggregate basis, for the firms which                 foreseeable time. Supply conditions to                The proposed Consent Decree requires
                                                are members of your association.                        consider include technology;                          Defendant to make a payment of
                                                   (a) The quantity and value (landed,                  production methods; development                       $30,000 to reimburse EPA past costs at
                                                duty-paid but not including                             efforts; ability to increase production               the Site, with the settlement amount
                                                antidumping duties) of U.S. imports                     (including the shift of production                    based on Defendant’s limited ability to


                                           VerDate Sep<11>2014   19:01 Sep 29, 2017   Jkt 244001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\02OCN1.SGM   02OCN1



Document Created: 2017-09-30 04:41:20
Document Modified: 2017-09-30 04:41:20
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.
DatesInstituted October 2, 2017. To be assured of consideration, the deadline for responses is November 1, 2017. Comments on the adequacy of responses may be filed with the Commission by December 7, 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 45892 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR