83_FR_25591 83 FR 25485 - Xanthan Gum From China; Institution of a Five-Year Review

83 FR 25485 - Xanthan Gum From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25485-25488
FR Document2018-11676

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 xanthan gum 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 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25485-25488]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11676]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1203 (Review)]


Xanthan Gum From China; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

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 xanthan 
gum 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: Instituted June 1, 2018. To be assured of consideration, the 
deadline for responses is July 2, 2018. Comments on the adequacy of 
responses may be filed with the Commission by August 14, 2018.

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 July 19, 2013, the Department of Commerce 
(``Commerce'') issued an antidumping duty order on imports of xanthan 
gum from China (78 FR 43143). The Commission is conducting a 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 the Department 
of 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, the Commission defined a single Domestic Like Product, 
xanthan gum, 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 determination, the 
Commission defined the Domestic Industry as all U.S. producers of 
xanthan gum.
    (5) The Order Date is the date that the antidumping duty order 
under review became effective. In this review, the Order Date is July 
19, 2013.
    (6) An Importer is any person or firm engaged, either directly or 
through a

[[Page 25486]]

parent company or subsidiary, in importing the Subject Merchandise into 
the United States from a foreign manufacturer or through its selling 
agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Office of the General Counsel, 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 July 2, 2018. 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 August 14, 2018. 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 
website at https://edis.usitc.gov, elaborates upon the Commission's 
rules with respect to electronic filing. Also, in accordance with 
sections 201.16(c) and 207.3 of the Commission's rules, each document 
filed by a party to the proceeding must be served on all other parties 
to the proceeding (as identified by either the public or APO service 
list as appropriate), and a certificate of service must accompany the 
document (if you are not a party to the proceeding you do not need to 
serve your response).
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 18-5-408, 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.

[[Page 25487]]

    (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 the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries since the Order 
Date.
    (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 2017, except as noted (report quantity 
data in pounds and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2017 (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 
and/or countervailing 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 
and/or countervailing 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 2017 (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 or countervailing duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in 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 since the Order Date, 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.


[[Page 25488]]


    Issued: May 25, 2018.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2018-11676 Filed 5-31-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices                                           25485

                                               scoping process and, if eligible, may                   additional years, through publication of              Commission may also be obtained by
                                               request or be requested by the BLM to                   a new notice in the Federal Register.                 accessing its internet server (https://
                                               participate as a cooperating agency.                    Termination of the segregation occurs                 www.usitc.gov). The public record for
                                                 Before including your address, phone                  on the earliest of the following dates:               this proceeding may be viewed on the
                                               number, email address, or other                         Upon issuance of a decision by the                    Commission’s electronic docket (EDIS)
                                               personal identifying information in your                authorized officer granting, granting                 at https://edis.usitc.gov.
                                               comment, you should be aware that                       with modifications, or denying the                    SUPPLEMENTARY INFORMATION:
                                               your entire comment—including your                      application for a ROW; automatically at                  Background.—On July 19, 2013, the
                                               personal identifying information—may                    the end of the segregation; or upon                   Department of Commerce (‘‘Commerce’’)
                                               be made publicly available at any time.                 publication of a Federal Register Notice              issued an antidumping duty order on
                                               While you can ask us in your comment                    of termination of the segregation.                    imports of xanthan gum from China (78
                                               to withhold your personal identifying                     Upon termination of segregation of                  FR 43143). The Commission is
                                               information from public review, we                      these lands, all lands subject to this                conducting a review pursuant to section
                                               cannot guarantee that we will be able to                segregation will automatically reopen to              751(c) of the Act, as amended (19 U.S.C.
                                               do so.                                                  appropriation under the public land                   1675(c)), to determine whether
                                               Segregation of the Public Lands                         laws.                                                 revocation of the order would be likely
                                                                                                       (Authority: 40 CFR 1501.7, 43 CFR 2091.3–             to lead to continuation or recurrence of
                                                  In 2013, the BLM published a Final
                                                                                                       1(e), and 43 CFR 2804.25(f))                          material injury to the domestic industry
                                               Rule, Segregation of Lands—Renewable
                                                                                                                                                             within a reasonably foreseeable time.
                                               Energy (78 FR 25204), that amended the                  Vanessa L. Hice,
                                                                                                                                                             Provisions concerning the conduct of
                                               regulations found in 43 CFR 2090 and                    Acting Las Vegas Field Manager.
                                                                                                                                                             this proceeding may be found in the
                                               2800. The provisions of the Final Rule                  [FR Doc. 2018–10961 Filed 5–31–18; 8:45 am]           Commission’s Rules of Practice and
                                               allow the BLM to temporarily segregate                  BILLING CODE 4310–HC–P                                Procedure at 19 CFR parts 201, subparts
                                               public lands within a solar or wind
                                                                                                                                                             A and B and 19 CFR part 207, subparts
                                               application area from the operation of
                                                                                                                                                             A and F. The Commission will assess
                                               the public land laws, including the                     INTERNATIONAL TRADE                                   the adequacy of interested party
                                               Mining Law, by publication of a Federal                 COMMISSION                                            responses to this notice of institution to
                                               Register Notice. The BLM uses this
                                                                                                       [Investigation No. 731–TA–1203 (Review)]              determine whether to conduct a full
                                               temporary segregation authority to
                                                                                                                                                             review or an expedited review. The
                                               preserve its ability to approve, approve
                                                                                                       Xanthan Gum From China; Institution                   Commission’s determination in any
                                               with modifications, or deny proposed
                                                                                                       of a Five-Year Review                                 expedited review will be based on the
                                               ROWs, and to facilitate the orderly
                                                                                                                                                             facts available, which may include
                                               administration of the public lands. This                AGENCY: United States International                   information provided in response to this
                                               temporary segregation is subject to valid               Trade Commission.                                     notice.
                                               existing mining claims located before                   ACTION: Notice.                                          Definitions.—The following
                                               this segregation notice. Licenses,
                                                                                                                                                             definitions apply to this review:
                                               permits, cooperative agreements, or                     SUMMARY:    The Commission hereby gives                  (1) Subject Merchandise is the class or
                                               discretionary land use authorizations of                notice that it has instituted a review                kind of merchandise that is within the
                                               a temporary nature which would not                      pursuant to the Tariff Act of 1930 (‘‘the             scope of the five-year review, as defined
                                               impact lands identified in this notice                  Act’’), as amended, to determine                      by the Department of Commerce.
                                               may be allowed with the approval of an                  whether revocation of the antidumping                    (2) The Subject Country in this review
                                               authorized officer of the BLM during the                duty order on xanthan gum from China                  is China.
                                               segregation period.                                     would be likely to lead to continuation
                                                  The lands segregated under this                                                                               (3) The Domestic Like Product is the
                                                                                                       or recurrence of material injury.                     domestically produced product or
                                               notice are legally described as follows:                Pursuant to the Act, interested parties               products which are like, or in the
                                               Mount Diablo Meridian, Nevada                           are requested to respond to this notice               absence of like, most similar in
                                               T. 21 S., R. 55 E.,                                     by submitting the information specified               characteristics and uses with, the
                                                 Sec. 31, SE1⁄4NE1⁄4 and E1⁄2SE1⁄4;                    below to the Commission.                              Subject Merchandise. In its original
                                                 Sec. 32, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2;              DATES: Instituted June 1, 2018. To be                 determination, the Commission defined
                                                 Sec. 33, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2;              assured of consideration, the deadline                a single Domestic Like Product, xanthan
                                                 Sec. 34, S1⁄2NW1⁄4, SW1⁄4, and W1⁄2SE1⁄4.             for responses is July 2, 2018. Comments
                                               T. 22 S., R. 55 E.,                                                                                           gum, coextensive with Commerce’s
                                                 Sec. 1, W1⁄2SW1⁄4 and SE1⁄4SW1⁄4;
                                                                                                       on the adequacy of responses may be                   scope.
                                                 Sec. 2, SW1⁄4NE1⁄4, S1⁄2NW1⁄4, and S1⁄2;              filed with the Commission by August                      (4) The Domestic Industry is the U.S.
                                                 Sec. 3, lots 2 thru 4, S1⁄2NE1⁄4, S1⁄2NW1⁄4,          14, 2018.                                             producers as a whole of the Domestic
                                                   and S1⁄2;                                           FOR FURTHER INFORMATION CONTACT:                      Like Product, or those producers whose
                                                 Secs. 4 and 5;                                        Mary Messer (202–205–3193), Office of                 collective output of the Domestic Like
                                                 Sec. 6, lot 1, SE1⁄4NE1⁄4, and E1⁄2SE1⁄4;             Investigations, U.S. International Trade              Product constitutes a major proportion
                                                 Sec. 7, E1⁄2NE1⁄4;
                                                 Sec. 8, N1⁄2;
                                                                                                       Commission, 500 E Street SW,                          of the total domestic production of the
                                                 Sec. 9, N1⁄2;                                         Washington, DC 20436. Hearing-                        product. In its original determination,
                                                 Secs. 10 thru 14.                                     impaired persons can obtain                           the Commission defined the Domestic
                                               T. 22 S., R. 56 E.,                                     information on this matter by contacting              Industry as all U.S. producers of
daltland on DSKBBV9HB2PROD with NOTICES




                                                 Sec. 7, lots 3 and 4, E1⁄2SW1⁄4;                      the Commission’s TDD terminal on 202–                 xanthan gum.
                                                 Sec. 17, SW1⁄4NE1⁄4, S1⁄2NW1⁄4, and S1⁄2;             205–1810. Persons with mobility                          (5) The Order Date is the date that the
                                                 Sec. 18.                                              impairments who will need special                     antidumping duty order under review
                                                 As provided in the Final Rule, the                    assistance in gaining access to the                   became effective. In this review, the
                                               segregation of lands in this Notice will                Commission should contact the Office                  Order Date is July 19, 2013.
                                               not exceed 2 years from the date of                     of the Secretary at 202–205–2000.                        (6) An Importer is any person or firm
                                               publication unless extended for up to 2                 General information concerning the                    engaged, either directly or through a


                                          VerDate Sep<11>2014   17:06 May 31, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                               25486                            Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices

                                               parent company or subsidiary, in                        who are parties to the proceeding. A                     No response to this request for
                                               importing the Subject Merchandise into                  separate service list will be maintained              information is required if a currently
                                               the United States from a foreign                        by the Secretary for those parties                    valid Office of Management and Budget
                                               manufacturer or through its selling                     authorized to receive BPI under the                   (‘‘OMB’’) number is not displayed; the
                                               agent.                                                  APO.                                                  OMB number is 3117 0016/USITC No.
                                                  Participation in the proceeding and                     Certification.—Pursuant to section                 18–5–408, expiration date June 30,
                                               public service list.—Persons, including                 207.3 of the Commission’s rules, any                  2020. Public reporting burden for the
                                               industrial users of the Subject                         person submitting information to the                  request is estimated to average 15 hours
                                               Merchandise and, if the merchandise is                  Commission in connection with this                    per response. Please send comments
                                               sold at the retail level, representative                proceeding must certify that the                      regarding the accuracy of this burden
                                               consumer organizations, wishing to                      information is accurate and complete to               estimate to the Office of Investigations,
                                               participate in the proceeding as parties                the best of the submitter’s knowledge. In             U.S. International Trade Commission,
                                               must file an entry of appearance with                   making the certification, the submitter               500 E Street SW, Washington, DC
                                               the Secretary to the Commission, as                     will acknowledge that information                     20436.
                                               provided in section 201.11(b)(4) of the                 submitted in response to this request for                Inability to provide requested
                                               Commission’s rules, no later than 21                    information and throughout this                       information.—Pursuant to section
                                               days after publication of this notice in                proceeding or other proceeding may be                 207.61(c) of the Commission’s rules, any
                                               the Federal Register. The Secretary will                disclosed to and used: (i) By the                     interested party that cannot furnish the
                                               maintain a public service list containing               Commission, its employees and Offices,                information requested by this notice in
                                               the names and addresses of all persons,                 and contract personnel (a) for                        the requested form and manner shall
                                               or their representatives, who are parties               developing or maintaining the records                 notify the Commission at the earliest
                                               to the proceeding.                                      of this or a related proceeding, or (b) in            possible time, provide a full explanation
                                                  Former Commission employees who                                                                            of why it cannot provide the requested
                                                                                                       internal investigations, audits, reviews,
                                               are seeking to appear in Commission                                                                           information, and indicate alternative
                                                                                                       and evaluations relating to the
                                               five-year reviews are advised that they                                                                       forms in which it can provide
                                                                                                       programs, personnel, and operations of
                                               may appear in a review even if they                                                                           equivalent information. If an interested
                                                                                                       the Commission including under 5
                                               participated personally and                                                                                   party does not provide this notification
                                                                                                       U.S.C. Appendix 3; or (ii) by U.S.
                                               substantially in the corresponding                                                                            (or the Commission finds the
                                                                                                       government employees and contract
                                               underlying original investigation or an                                                                       explanation provided in the notification
                                                                                                       personnel, solely for cybersecurity
                                               earlier review of the same underlying
                                                                                                       purposes. All contract personnel will                 inadequate) and fails to provide a
                                               investigation. The Commission’s
                                                                                                       sign appropriate nondisclosure                        complete response to this notice, the
                                               designated agency ethics official has
                                                                                                       agreements.                                           Commission may take an adverse
                                               advised that a five-year review is not the
                                                                                                          Written submissions.—Pursuant to                   inference against the party pursuant to
                                               same particular matter as the underlying
                                                                                                       section 207.61 of the Commission’s                    section 776(b) of the Act (19 U.S.C.
                                               original investigation, and a five-year
                                                                                                       rules, each interested party response to              1677e(b)) in making its determination in
                                               review is not the same particular matter
                                                                                                       this notice must provide the information              the review.
                                               as an earlier review of the same
                                               underlying investigation for purposes of                specified below. The deadline for filing                 Information To Be Provided in
                                               18 U.S.C. 207, the post employment                      such responses is July 2, 2018. Pursuant              Response to This Notice of Institution:
                                               statute for Federal employees, and                      to section 207.62(b) of the Commission’s              As used below, the term ‘‘firm’’ includes
                                               Commission rule 201.15(b) (19 CFR                       rules, eligible parties (as specified in              any related firms.
                                               201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 Commission rule 207.62(b)(1)) may also                   (1) The name and address of your firm
                                               73 FR 24609 (May 5, 2008).                              file comments concerning the adequacy                 or entity (including World Wide Web
                                               Consequently, former employees are not                  of responses to the notice of institution             address) and name, telephone number,
                                               required to seek Commission approval                    and whether the Commission should                     fax number, and Email address of the
                                               to appear in a review under Commission                  conduct an expedited or full review.                  certifying official.
                                               rule 19 CFR 201.15, even if the                         The deadline for filing such comments                    (2) A statement indicating whether
                                               corresponding underlying original                       is August 14, 2018. All written                       your firm/entity is an interested party
                                               investigation or an earlier review of the               submissions must conform with the                     under 19 U.S.C. 1677(9) and if so, how,
                                               same underlying investigation was                       provisions of section 201.8 of the                    including whether your firm/entity is a
                                               pending when they were Commission                       Commission’s rules; any submissions                   U.S. producer of the Domestic Like
                                               employees. For further ethics advice on                 that contain BPI must also conform with               Product, a U.S. union or worker group,
                                               this matter, contact Charles Smith,                     the requirements of sections 201.6,                   a U.S. importer of the Subject
                                               Office of the General Counsel, at 202–                  207.3, and 207.7 of the Commission’s                  Merchandise, a foreign producer or
                                               205–3408.                                               rules. The Commission’s Handbook on                   exporter of the Subject Merchandise, a
                                                  Limited disclosure of business                       E-Filing, available on the Commission’s               U.S. or foreign trade or business
                                               proprietary information (BPI) under an                  website at https://edis.usitc.gov,                    association (a majority of whose
                                               administrative protective order (APO)                   elaborates upon the Commission’s rules                members are interested parties under
                                               and APO service list.—Pursuant to                       with respect to electronic filing. Also, in           the statute), or another interested party
                                               section 207.7(a) of the Commission’s                    accordance with sections 201.16(c) and                (including an explanation). If you are a
                                               rules, the Secretary will make BPI                      207.3 of the Commission’s rules, each                 union/worker group or trade/business
                                               submitted in this proceeding available                  document filed by a party to the                      association, identify the firms in which
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                                               to authorized applicants under the APO                  proceeding must be served on all other                your workers are employed or which are
                                               issued in the proceeding, provided that                 parties to the proceeding (as identified              members of your association.
                                               the application is made no later than 21                by either the public or APO service list                 (3) A statement indicating whether
                                               days after publication of this notice in                as appropriate), and a certificate of                 your firm/entity is willing to participate
                                               the Federal Register. Authorized                        service must accompany the document                   in this proceeding by providing
                                               applicants must represent interested                    (if you are not a party to the proceeding             information requested by the
                                               parties, as defined in 19 U.S.C. 1677(9),               you do not need to serve your response).              Commission.


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                                                                                Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices                                              25487

                                                  (4) A statement of the likely effects of                (c) the quantity and value of U.S.                 total production of Subject Merchandise
                                               the revocation of the antidumping duty                  commercial shipments of the Domestic                  in the Subject Country accounted for by
                                               order on the Domestic Industry in                       Like Product produced in your U.S.                    your firm’s(s’) production;
                                               general and/or your firm/entity                         plant(s);                                                (b) Capacity (quantity) of your firm(s)
                                               specifically. In your response, please                     (d) the quantity and value of U.S.
                                                                                                                                                             to produce the Subject Merchandise in
                                               discuss the various factors specified in                internal consumption/company
                                                                                                                                                             the Subject Country (that is, the level of
                                               section 752(a) of the Act (19 U.S.C.                    transfers of the Domestic Like Product
                                                                                                                                                             production that your establishment(s)
                                               1675a(a)) including the likely volume of                produced in your U.S. plant(s); and
                                                                                                          (e) the value of (i) net sales, (ii) cost          could reasonably have expected to
                                               subject imports, likely price effects of
                                                                                                       of goods sold (COGS), (iii) gross profit,             attain during the year, assuming normal
                                               subject imports, and likely impact of
                                                                                                       (iv) selling, general and administrative              operating conditions (using equipment
                                               imports of Subject Merchandise on the
                                                                                                       (SG&A) expenses, and (v) operating                    and machinery in place and ready to
                                               Domestic Industry.
                                                  (5) A list of all known and currently                income of the Domestic Like Product                   operate), normal operating levels (hours
                                               operating U.S. producers of the                         produced in your U.S. plant(s) (include               per week/weeks per year), time for
                                               Domestic Like Product. Identify any                     both U.S. and export commercial sales,                downtime, maintenance, repair, and
                                               known related parties and the nature of                 internal consumption, and company                     cleanup, and a typical or representative
                                               the relationship as defined in section                  transfers) for your most recently                     product mix); and
                                               771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date                 (c) the quantity and value of your
                                               1677(4)(B)).                                            on which your fiscal year ends).                      firm’s(s’) exports to the United States of
                                                  (6) A list of all known and currently                   (10) If you are a U.S. importer or a               Subject Merchandise and, if known, an
                                               operating U.S. importers of the Subject                 trade/business association of U.S.                    estimate of the percentage of total
                                               Merchandise and producers of the                        importers of the Subject Merchandise                  exports to the United States of Subject
                                               Subject Merchandise in the Subject                      from the Subject Country, provide the                 Merchandise from the Subject Country
                                               Country that currently export or have                   following information on your firm’s(s’)              accounted for by your firm’s(s’) exports.
                                               exported Subject Merchandise to the                     operations on that product during
                                                                                                       calendar year 2017 (report quantity data                 (12) Identify significant changes, if
                                               United States or other countries since
                                               the Order Date.                                         in pounds and value data in U.S.                      any, in the supply and demand
                                                  (7) A list of 3–5 leading purchasers in              dollars). If you are a trade/business                 conditions or business cycle for the
                                               the U.S. market for the Domestic Like                   association, provide the information, on              Domestic Like Product that have
                                               Product and the Subject Merchandise                     an aggregate basis, for the firms which               occurred in the United States or in the
                                               (including street address, World Wide                   are members of your association.                      market for the Subject Merchandise in
                                               Web address, and the name, telephone                       (a) The quantity and value (landed,                the Subject Country since the Order
                                               number, fax number, and Email address                   duty-paid but not including                           Date, and significant changes, if any,
                                               of a responsible official at each firm).                antidumping duties) of U.S. imports                   that are likely to occur within a
                                                  (8) A list of known sources of                       and, if known, an estimate of the                     reasonably foreseeable time. Supply
                                               information on national or regional                     percentage of total U.S. imports of                   conditions to consider include
                                               prices for the Domestic Like Product or                 Subject Merchandise from the Subject                  technology; production methods;
                                               the Subject Merchandise in the U.S. or                  Country accounted for by your firm’s(s’)              development efforts; ability to increase
                                               other markets.                                          imports;                                              production (including the shift of
                                                  (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            production facilities used for other
                                               Domestic Like Product, provide the                      port, including antidumping and/or                    products and the use, cost, or
                                               following information on your firm’s                    countervailing duties) of U.S.                        availability of major inputs into
                                               operations on that product during                       commercial shipments of Subject                       production); and factors related to the
                                               calendar year 2017, except as noted                     Merchandise imported from the Subject                 ability to shift supply among different
                                               (report quantity data in pounds and                     Country; and                                          national markets (including barriers to
                                               value data in U.S. dollars, f.o.b. plant).                 (c) the quantity and value (f.o.b. U.S.            importation in foreign markets or
                                               If you are a union/worker group or                      port, including antidumping and/or                    changes in market demand abroad).
                                               trade/business association, provide the                 countervailing duties) of U.S. internal               Demand conditions to consider include
                                               information, on an aggregate basis, for                 consumption/company transfers of                      end uses and applications; the existence
                                               the firms in which your workers are                     Subject Merchandise imported from the                 and availability of substitute products;
                                               employed/which are members of your                      Subject Country.                                      and the level of competition among the
                                               association.                                               (11) If you are a producer, an exporter,           Domestic Like Product produced in the
                                                  (a) Production (quantity) and, if                    or a trade/business association of                    United States, Subject Merchandise
                                               known, an estimate of the percentage of                 producers or exporters of the Subject                 produced in the Subject Country, and
                                               total U.S. production of the Domestic                   Merchandise in the Subject Country,                   such merchandise from other countries.
                                               Like Product accounted for by your                      provide the following information on                     (13) (OPTIONAL) A statement of
                                               firm’s(s’) production;                                  your firm’s(s’) operations on that                    whether you agree with the above
                                                  (b) Capacity (quantity) of your firm to              product during calendar year 2017                     definitions of the Domestic Like Product
                                               produce the Domestic Like Product (that                 (report quantity data in pounds and                   and Domestic Industry; if you disagree
                                               is, the level of production that your                   value data in U.S. dollars, landed and                with either or both of these definitions,
                                               establishment(s) could reasonably have                  duty-paid at the U.S. port but not                    please explain why and provide
                                               expected to attain during the year,                     including antidumping or                              alternative definitions.
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                                               assuming normal operating conditions                    countervailing duties). If you are a
                                               (using equipment and machinery in                       trade/business association, provide the                 Authority: This proceeding is being
                                               place and ready to operate), normal                     information, on an aggregate basis, for               conducted under authority of Title VII of the
                                               operating levels (hours per week/weeks                                                                        Tariff Act of 1930; this notice is published
                                                                                                       the firms which are members of your
                                               per year), time for downtime,                                                                                 pursuant to section 207.61 of the
                                                                                                       association.
                                               maintenance, repair, and cleanup, and a                    (a) Production (quantity) and, if                  Commission’s rules.
                                               typical or representative product mix);                 known, an estimate of the percentage of                 By order of the Commission.



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                                               25488                            Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices

                                                 Issued: May 25, 2018.                                 2013, Commerce issued a continuation                  Merchandise and, if the merchandise is
                                               William Bishop,                                         of the antidumping duty order on                      sold at the retail level, representative
                                               Supervisory Hearings and Information                    imports of sodium hexametaphosphate                   consumer organizations, wishing to
                                               Officer.                                                from China (78 FR 42754). The                         participate in the proceeding as parties
                                               [FR Doc. 2018–11676 Filed 5–31–18; 8:45 am]             Commission is now conducting a                        must file an entry of appearance with
                                               BILLING CODE 7020–02–P                                  second review pursuant to section                     the Secretary to the Commission, as
                                                                                                       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
                                               INTERNATIONAL TRADE                                     revocation of the order would be likely               days after publication of this notice in
                                               COMMISSION                                              to lead to continuation or recurrence of              the Federal Register. The Secretary will
                                                                                                       material injury to the domestic industry              maintain a public service list containing
                                               [Investigation No. 731–TA–1110 (Second
                                                                                                       within a reasonably foreseeable time.                 the names and addresses of all persons,
                                               Review)]
                                                                                                       Provisions concerning the conduct of                  or their representatives, who are parties
                                               Sodium Hexametaphosphate From                           this proceeding may be found in the                   to the proceeding.
                                               China; Institution of a Five-Year                       Commission’s Rules of Practice and                       Former Commission employees who
                                               Review                                                  Procedure at 19 CFR parts 201, subparts               are seeking to appear in Commission
                                                                                                       A and B and 19 CFR part 207, subparts                 five-year reviews are advised that they
                                               AGENCY: United States International                     A and F. The Commission will assess                   may appear in a review even if they
                                               Trade Commission.                                       the adequacy of interested party                      participated personally and
                                               ACTION: Notice.                                         responses to this notice of institution to            substantially in the corresponding
                                                                                                       determine whether to conduct a full                   underlying original investigation or an
                                               SUMMARY:    The Commission hereby gives                 review or an expedited review. The                    earlier review of the same underlying
                                               notice that it has instituted a review                  Commission’s determination in any                     investigation. The Commission’s
                                               pursuant to the Tariff Act of 1930 (‘‘the               expedited review will be based on the                 designated agency ethics official has
                                               Act’’), as amended, to determine                        facts available, which may include                    advised that a five-year review is not the
                                               whether revocation of the antidumping                   information provided in response to this              same particular matter as the underlying
                                               duty order on sodium                                    notice.                                               original investigation, and a five-year
                                               hexametaphosphate from China would                         Definitions.—The following                         review is not the same particular matter
                                               be likely to lead to continuation or                    definitions apply to this review:                     as an earlier review of the same
                                               recurrence of material injury. Pursuant                    (1) Subject Merchandise is the class or            underlying investigation for purposes of
                                               to the Act, interested parties are                      kind of merchandise that is within the                18 U.S.C. 207, the post employment
                                               requested to respond to this notice by                  scope of the five-year review, as defined             statute for Federal employees, and
                                               submitting the information specified                    by the Department of Commerce.                        Commission rule 201.15(b) (19 CFR
                                               below to the Commission.                                   (2) The Subject Country in this review             201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                               DATES: Instituted June 1, 2018. To be                   is China.                                             73 FR 24609 (May 5, 2008).
                                               assured of consideration, the deadline                     (3) The Domestic Like Product is the               Consequently, former employees are not
                                               for responses is July 2, 2018. Comments                 domestically produced product or                      required to seek Commission approval
                                               on the adequacy of responses may be                     products which are like, or in the                    to appear in a review under Commission
                                               filed with the Commission by August                     absence of like, most similar in                      rule 19 CFR 201.15, even if the
                                               14, 2018.                                               characteristics and uses with, the                    corresponding underlying original
                                                                                                       Subject Merchandise. In its original                  investigation or an earlier review of the
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       determination and its first five-year                 same underlying investigation was
                                               Mary Messer (202–205–3193), Office of                   review determination, the Commission                  pending when they were Commission
                                               Investigations, U.S. International Trade                defined a single Domestic Like Product                employees. For further ethics advice on
                                               Commission, 500 E Street SW,                            consisting of sodium                                  this matter, contact Charles Smith,
                                               Washington, DC 20436. Hearing-                          hexametaphosphate, coextensive with                   Office of the General Counsel, at 202–
                                               impaired persons can obtain                             Commerce’s scope.                                     205–3408.
                                               information on this matter by contacting                   (4) The Domestic Industry is the U.S.                 Limited disclosure of business
                                               the Commission’s TDD terminal on 202–                   producers as a whole of the Domestic                  proprietary information (BPI) under an
                                               205–1810. Persons with mobility                         Like Product, or those producers whose                administrative protective order (APO)
                                               impairments who will need special                       collective output of the Domestic Like                and APO service list.—Pursuant to
                                               assistance in gaining access to the                     Product constitutes a major proportion                section 207.7(a) of the Commission’s
                                               Commission should contact the Office                    of the total domestic production of the               rules, the Secretary will make BPI
                                               of the Secretary at 202–205–2000.                       product. In its original determination                submitted in this proceeding available
                                               General information concerning the                      and its first five-year review                        to authorized applicants under the APO
                                               Commission may also be obtained by                      determination, the Commission defined                 issued in the proceeding, provided that
                                               accessing its internet server (https://                 a single Domestic Industry consisting of              the application is made no later than 21
                                               www.usitc.gov). The public record for                   all domestic producers of sodium                      days after publication of this notice in
                                               this proceeding may be viewed on the                    hexametaphosphate.                                    the Federal Register. Authorized
                                               Commission’s electronic docket (EDIS)                      (5) An Importer is any person or firm              applicants must represent interested
                                               at https://edis.usitc.gov.                              engaged, either directly or through a                 parties, as defined in 19 U.S.C. 1677(9),
                                               SUPPLEMENTARY INFORMATION:                              parent company or subsidiary, in                      who are parties to the proceeding. A
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                                                  Background.—On March 19, 2008, the                   importing the Subject Merchandise into                separate service list will be maintained
                                               Department of Commerce (‘‘Commerce’’)                   the United States from a foreign                      by the Secretary for those parties
                                               issued an antidumping duty order on                     manufacturer or through its selling                   authorized to receive BPI under the
                                               imports of sodium hexametaphosphate                     agent.                                                APO.
                                               from China (73 FR 14772). Following                        Participation in the proceeding and                   Certification.—Pursuant to section
                                               the first five-year reviews by Commerce                 public service list.—Persons, including               207.3 of the Commission’s rules, any
                                               and the Commission, effective July 17,                  industrial users of the Subject                       person submitting information to the


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Document Created: 2018-06-01 01:30:02
Document Modified: 2018-06-01 01:30:02
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 June 1, 2018. To be assured of consideration, the deadline for responses is July 2, 2018. Comments on the adequacy of responses may be filed with the Commission by August 14, 2018.
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 Citation83 FR 25485 

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