83_FR_25596 83 FR 25490 - Steel Concrete Reinforcing Bar From Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine; Institution of Five-Year Reviews

83 FR 25490 - Steel Concrete Reinforcing Bar From Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

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

Page Range25490-25493
FR Document2018-11678

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 steel concrete reinforcing bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, 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 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25490-25493]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11678]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-873-875, 878-880, and 882 (Third Review)]


Steel Concrete Reinforcing Bar From Belarus, China, Indonesia, 
Latvia, Moldova, Poland, 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 steel 
concrete reinforcing bar from Belarus, China, Indonesia, Latvia, 
Moldova, Poland, 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 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 September 7, 2001, the Department of Commerce 
(``Commerce'') issued antidumping duty orders on imports of steel 
concrete reinforcing bar from Belarus, China, Indonesia, Latvia, 
Moldova, Poland, and Ukraine (66 FR 46777). Following the first five-
year reviews by Commerce and the Commission, effective August 9, 2007, 
Commerce issued a continuation of the antidumping duty orders on 
imports of steel concrete reinforcing bar from Belarus, China, 
Indonesia, Latvia,

[[Page 25491]]

Moldova, Poland, and Ukraine (72 FR 44830). Following the second five-
year reviews by Commerce and the Commission, effective July 22, 2013, 
Commerce issued a continuation of the antidumping duty orders on 
imports of steel concrete reinforcing bar from Belarus, China, 
Indonesia, Latvia, Moldova, Poland, and Ukraine (78 FR 43858). The 
Commission is now conducting third 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 Belarus, China, 
Indonesia, Latvia, Moldova, Poland, 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 and its full first and second five-year reviews, the 
Commission defined the Domestic Like Product as certain steel concrete 
reinforcing bar, 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, 
three Commissioners based their material injury analysis on a national 
industry consisting of all producers of steel concrete reinforcing bar 
and three Commissioners found a regional industry consisting of all 
domestic production facilities producing the Domestic Like Product in 
the region consisting of the 30 contiguous states from New England to 
Texas and from the Gulf of Mexico north on both sides of the 
Mississippi up to the Canadian border, plus the District of Columbia 
and Puerto Rico. In its full first five-year review determinations, the 
Commission found that appropriate circumstances did not exist to 
conduct a regional industry analysis and defined the Domestic Industry 
to consist of all domestic producers of steel concrete reinforcing bar. 
In its full second five-year review determinations, the Commission 
conducted its analysis on a national industry basis and defined the 
Domestic Industry to include all domestic producers of steel concrete 
reinforcing bar. For purposes of this notice, you should report 
Domestic Industry information based on the Commission's two most recent 
determinations defining the Domestic Industry to consist of all 
domestic producers of steel concrete reinforcing bar.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, 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

[[Page 25492]]

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 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. 18-5-409, 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 2012.
    (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 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 2017 (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.

[[Page 25493]]

    (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 2017 (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 2012, 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: May 25, 2018.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2018-11678 Filed 5-31-18; 8:45 am]
 BILLING CODE P



                                               25490                            Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices

                                               (iv) selling, general and administrative                downtime, maintenance, repair, and                    INTERNATIONAL TRADE
                                               (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              COMMISSION
                                               income of the Domestic Like Product                     product mix); and
                                                                                                                                                             [Investigation Nos. 731–TA–873–875, 878–
                                               produced in your U.S. plant(s) (include                    (c) the quantity and value of your                 880, and 882 (Third Review)]
                                               both U.S. and export commercial sales,
                                                                                                       firm’s(s’) exports to the United States of
                                               internal consumption, and company                                                                             Steel Concrete Reinforcing Bar From
                                                                                                       Subject Merchandise and, if known, an
                                               transfers) for your most recently                                                                             Belarus, China, Indonesia, Latvia,
                                               completed fiscal year (identify the date                estimate of the percentage of total
                                                                                                       exports to the United States of Subject               Moldova, Poland, and Ukraine;
                                               on which your fiscal year ends).                                                                              Institution of Five-Year Reviews
                                                  (10) If you are a U.S. importer or a                 Merchandise from the Subject Country
                                               trade/business association of U.S.                      accounted for by your firm’s(s’) exports.             AGENCY: United States International
                                               importers of the Subject Merchandise                       (12) Identify significant changes, if              Trade Commission.
                                               from the Subject Country, provide the                   any, in the supply and demand                         ACTION: Notice.
                                               following information on your firm’s(s’)                conditions or business cycle for the
                                               operations on that product during                       Domestic Like Product that have                       SUMMARY:    The Commission hereby gives
                                               calendar year 2017 (report quantity data                occurred in the United States or in the               notice that it has instituted reviews
                                               in metric tons and value data in U.S.                                                                         pursuant to the Tariff Act of 1930 (‘‘the
                                                                                                       market for the Subject Merchandise in
                                               dollars). If you are a trade/business                                                                         Act’’), as amended, to determine
                                                                                                       the Subject Country after 2012, and
                                               association, provide the information, on                                                                      whether revocation of the antidumping
                                                                                                       significant changes, if any, that are                 duty orders on steel concrete reinforcing
                                               an aggregate basis, for the firms which
                                                                                                       likely to occur within a reasonably                   bar from Belarus, China, Indonesia,
                                               are members of your association.
                                                  (a) The quantity and value (landed,                  foreseeable time. Supply conditions to                Latvia, Moldova, Poland, and Ukraine
                                               duty-paid but not including                             consider include technology;                          would be likely to lead to continuation
                                               antidumping duties) of U.S. imports                     production methods; development                       or recurrence of material injury.
                                               and, if known, an estimate of the                       efforts; ability to increase production               Pursuant to the Act, interested parties
                                               percentage of total U.S. imports of                     (including the shift of production                    are requested to respond to this notice
                                               Subject Merchandise from the Subject                    facilities used for other products and the            by submitting the information specified
                                               Country accounted for by your firm’s(s’)                use, cost, or availability of major inputs            below to the Commission.
                                               imports;                                                into production); and factors related to              DATES: Instituted June 1, 2018. To be
                                                  (b) the quantity and value (f.o.b. U.S.              the ability to shift supply among                     assured of consideration, the deadline
                                               port, including antidumping duties) of                  different national markets (including                 for responses is July 2, 2018. Comments
                                               U.S. commercial shipments of Subject                    barriers to importation in foreign                    on the adequacy of responses may be
                                               Merchandise imported from the Subject                   markets or changes in market demand                   filed with the Commission by August
                                               Country; and                                            abroad). Demand conditions to consider                14, 2018.
                                                  (c) the quantity and value (f.o.b. U.S.              include end uses and applications; the                FOR FURTHER INFORMATION CONTACT:
                                               port, including antidumping duties) of                  existence and availability of substitute
                                               U.S. internal consumption/company                                                                             Mary Messer (202–205–3193), Office of
                                                                                                       products; and the level of competition                Investigations, U.S. International Trade
                                               transfers of Subject Merchandise
                                                                                                       among the Domestic Like Product                       Commission, 500 E Street SW,
                                               imported from the Subject Country.
                                                  (11) If you are a producer, an exporter,             produced in the United States, Subject                Washington, DC 20436. Hearing-
                                               or a trade/business association of                      Merchandise produced in the Subject                   impaired persons can obtain
                                               producers or exporters of the Subject                   Country, and such merchandise from                    information on this matter by contacting
                                               Merchandise in the Subject Country,                     other countries.                                      the Commission’s TDD terminal on 202–
                                               provide the following information on                       (13) (OPTIONAL) A statement of                     205–1810. Persons with mobility
                                               your firm’s(s’) operations on that                      whether you agree with the above                      impairments who will need special
                                               product during calendar year 2017                                                                             assistance in gaining access to the
                                                                                                       definitions of the Domestic Like Product
                                               (report quantity data in metric tons and                                                                      Commission should contact the Office
                                                                                                       and Domestic Industry; if you disagree
                                               value data in U.S. dollars, landed and                                                                        of the Secretary at 202–205–2000.
                                                                                                       with either or both of these definitions,             General information concerning the
                                               duty-paid at the U.S. port but not                      please explain why and provide
                                               including antidumping duties). If you                                                                         Commission may also be obtained by
                                                                                                       alternative definitions.                              accessing its internet server (https://
                                               are a trade/business association, provide
                                               the information, on an aggregate basis,                   Authority: This proceeding is being                 www.usitc.gov). The public record for
                                               for the firms which are members of your                 conducted under authority of title VII of the         this proceeding may be viewed on the
                                               association.                                            Tariff Act of 1930; this notice is published          Commission’s electronic docket (EDIS)
                                                  (a) Production (quantity) and, if                    pursuant to section 207.61 of the                     at https://edis.usitc.gov.
                                               known, an estimate of the percentage of                 Commission’s rules.                                   SUPPLEMENTARY INFORMATION:
                                               total production of Subject Merchandise                   By order of the Commission.                            Background.—On September 7, 2001,
                                               in the Subject Country accounted for by                   Issued: May 25, 2018.                               the Department of Commerce
                                               your firm’s(s’) production;                                                                                   (‘‘Commerce’’) issued antidumping duty
                                                                                                       William Bishop,
                                                  (b) Capacity (quantity) of your firm(s)                                                                    orders on imports of steel concrete
                                               to produce the Subject Merchandise in                   Supervisory Hearings and Information                  reinforcing bar from Belarus, China,
                                               the Subject Country (that is, the level of              Officer.                                              Indonesia, Latvia, Moldova, Poland, and
daltland on DSKBBV9HB2PROD with NOTICES




                                               production that your establishment(s)                   [FR Doc. 2018–11677 Filed 5–31–18; 8:45 am]           Ukraine (66 FR 46777). Following the
                                               could reasonably have expected to                       BILLING CODE 7020–02–P                                first five-year reviews by Commerce and
                                               attain during the year, assuming normal                                                                       the Commission, effective August 9,
                                               operating conditions (using equipment                                                                         2007, Commerce issued a continuation
                                               and machinery in place and ready to                                                                           of the antidumping duty orders on
                                               operate), normal operating levels (hours                                                                      imports of steel concrete reinforcing bar
                                               per week/weeks per year), time for                                                                            from Belarus, China, Indonesia, Latvia,


                                          VerDate Sep<11>2014   17:06 May 31, 2018   Jkt 244001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                                                Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices                                           25491

                                               Moldova, Poland, and Ukraine (72 FR                     consisting of the 30 contiguous states                201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                               44830). Following the second five-year                  from New England to Texas and from                    73 FR 24609 (May 5, 2008).
                                               reviews by Commerce and the                             the Gulf of Mexico north on both sides                Consequently, former employees are not
                                               Commission, effective July 22, 2013,                    of the Mississippi up to the Canadian                 required to seek Commission approval
                                               Commerce issued a continuation of the                   border, plus the District of Columbia                 to appear in a review under Commission
                                               antidumping duty orders on imports of                   and Puerto Rico. In its full first five-year          rule 19 CFR 201.15, even if the
                                               steel concrete reinforcing bar from                     review determinations, the Commission                 corresponding underlying original
                                               Belarus, China, Indonesia, Latvia,                      found that appropriate circumstances                  investigation or an earlier review of the
                                               Moldova, Poland, and Ukraine (78 FR                     did not exist to conduct a regional                   same underlying investigation was
                                               43858). The Commission is now                           industry analysis and defined the                     pending when they were Commission
                                               conducting third reviews pursuant to                    Domestic Industry to consist of all                   employees. For further ethics advice on
                                               section 751(c) of the Act, as amended                   domestic producers of steel concrete                  this matter, contact Charles Smith,
                                               (19 U.S.C. 1675(c)), to determine                       reinforcing bar. In its full second five-             Office of the General Counsel, at 202–
                                               whether revocation of the orders would                  year review determinations, the                       205–3408.
                                               be likely to lead to continuation or                    Commission conducted its analysis on a                   Limited disclosure of business
                                               recurrence of material injury to the                    national industry basis and defined the               proprietary information (BPI) under an
                                               domestic industry within a reasonably                   Domestic Industry to include all                      administrative protective order (APO)
                                               foreseeable time. Provisions concerning                 domestic producers of steel concrete                  and APO service list.—Pursuant to
                                               the conduct of this proceeding may be                   reinforcing bar. For purposes of this                 section 207.7(a) of the Commission’s
                                               found in the Commission’s Rules of                      notice, you should report Domestic                    rules, the Secretary will make BPI
                                               Practice and Procedure at 19 CFR parts                  Industry information based on the                     submitted in this proceeding available
                                               201, subparts A and B and 19 CFR part                   Commission’s two most recent                          to authorized applicants under the APO
                                               207, subparts A and F. The Commission                   determinations defining the Domestic                  issued in the proceeding, provided that
                                               will assess the adequacy of interested                  Industry to consist of all domestic                   the application is made no later than 21
                                               party responses to this notice of                       producers of steel concrete reinforcing               days after publication of this notice in
                                               institution to determine whether to                     bar.                                                  the Federal Register. Authorized
                                               conduct full or expedited reviews. The                     (5) An Importer is any person or firm              applicants must represent interested
                                               Commission’s determinations in any                      engaged, either directly or through a                 parties, as defined in 19 U.S.C. 1677(9),
                                               expedited reviews will be based on the                  parent company or subsidiary, in                      who are parties to the proceeding. A
                                               facts available, which may include                      importing the Subject Merchandise into                separate service list will be maintained
                                               information provided in response to this                the United States from a foreign                      by the Secretary for those parties
                                               notice.                                                 manufacturer or through its selling                   authorized to receive BPI under the
                                                 Definitions.—The following                            agent.                                                APO.
                                               definitions apply to these reviews:                        Participation in the proceeding and                   Certification.—Pursuant to section
                                                 (1) Subject Merchandise is the class or               public service list.—Persons, including               207.3 of the Commission’s rules, any
                                               kind of merchandise that is within the                  industrial users of the Subject                       person submitting information to the
                                               scope of the five-year reviews, as                      Merchandise and, if the merchandise is                Commission in connection with this
                                               defined by the Department of                            sold at the retail level, representative              proceeding must certify that the
                                               Commerce.                                               consumer organizations, wishing to                    information is accurate and complete to
                                                 (2) The Subject Countries in these                    participate in the proceeding as parties              the best of the submitter’s knowledge. In
                                               reviews are Belarus, China, Indonesia,                  must file an entry of appearance with                 making the certification, the submitter
                                               Latvia, Moldova, Poland, and Ukraine.                   the Secretary to the Commission, as                   will acknowledge that information
                                                 (3) The Domestic Like Product is the                  provided in section 201.11(b)(4) of the               submitted in response to this request for
                                               domestically produced product or                        Commission’s rules, no later than 21                  information and throughout this
                                               products which are like, or in the                      days after publication of this notice in              proceeding or other proceeding may be
                                               absence of like, most similar in                        the Federal Register. The Secretary will              disclosed to and used: (i) By the
                                               characteristics and uses with, the                      maintain a public service list containing             Commission, its employees and Offices,
                                               Subject Merchandise. In its original                    the names and addresses of all persons,               and contract personnel (a) for
                                               determinations and its full first and                   or their representatives, who are parties             developing or maintaining the records
                                               second five-year reviews, the                           to the proceeding.                                    of this or a related proceeding, or (b) in
                                               Commission defined the Domestic Like                       Former Commission employees who                    internal investigations, audits, reviews,
                                               Product as certain steel concrete                       are seeking to appear in Commission                   and evaluations relating to the
                                               reinforcing bar, coextensive with                       five-year reviews are advised that they               programs, personnel, and operations of
                                               Commerce’s scope.                                       may appear in a review even if they                   the Commission including under 5
                                                 (4) The Domestic Industry is the U.S.                 participated personally and                           U.S.C. Appendix 3; or (ii) by U.S.
                                               producers as a whole of the Domestic                    substantially in the corresponding                    government employees and contract
                                               Like Product, or those producers whose                  underlying original investigation or an               personnel, solely for cybersecurity
                                               collective output of the Domestic Like                  earlier review of the same underlying                 purposes. All contract personnel will
                                               Product constitutes a major proportion                  investigation. The Commission’s                       sign appropriate nondisclosure
                                               of the total domestic production of the                 designated agency ethics official has                 agreements.
                                               product. In its original determinations,                advised that a five-year review is not the               Written submissions.—Pursuant to
                                               three Commissioners based their                         same particular matter as the underlying              section 207.61 of the Commission’s
daltland on DSKBBV9HB2PROD with NOTICES




                                               material injury analysis on a national                  original investigation, and a five-year               rules, each interested party response to
                                               industry consisting of all producers of                 review is not the same particular matter              this notice must provide the information
                                               steel concrete reinforcing bar and three                as an earlier review of the same                      specified below. The deadline for filing
                                               Commissioners found a regional                          underlying investigation for purposes of              such responses is July 2, 2018. Pursuant
                                               industry consisting of all domestic                     18 U.S.C. 207, the post employment                    to section 207.62(b) of the Commission’s
                                               production facilities producing the                     statute for Federal employees, and                    rules, eligible parties (as specified in
                                               Domestic Like Product in the region                     Commission rule 201.15(b) (19 CFR                     Commission rule 207.62(b)(1)) may also


                                          VerDate Sep<11>2014   17:06 May 31, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                               25492                            Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices

                                               file comments concerning the adequacy                   Subject Country; or produce Subject                   number, fax number, and Email address
                                               of responses to the notice of institution               Merchandise in more than one Subject                  of a responsible official at each firm).
                                               and whether the Commission should                       Country, you may file a single response.                 (8) A list of known sources of
                                               conduct expedited or full reviews. The                  If you do so, please ensure that your                 information on national or regional
                                               deadline for filing such comments is                    response to each question includes the                prices for the Domestic Like Product or
                                               August 14, 2018. All written                            information requested for each pertinent              the Subject Merchandise in the U.S. or
                                               submissions must conform with the                       Subject Country. As used below, the                   other markets.
                                               provisions of section 201.8 of the                      term ‘‘firm’’ includes any related firms.                (9) If you are a U.S. producer of the
                                               Commission’s rules; any submissions                        (1) The name and address of your firm              Domestic Like Product, provide the
                                               that contain BPI must also conform with                 or entity (including World Wide Web                   following information on your firm’s
                                               the requirements of sections 201.6,                     address) and name, telephone number,                  operations on that product during
                                               207.3, and 207.7 of the Commission’s                    fax number, and Email address of the                  calendar year 2017, except as noted
                                               rules. The Commission’s Handbook on                     certifying official.                                  (report quantity data in short tons and
                                               E-Filing, available on the Commission’s                    (2) A statement indicating whether                 value data in U.S. dollars, f.o.b. plant).
                                               website at https://edis.usitc.gov,                      your firm/entity is an interested party               If you are a union/worker group or
                                               elaborates upon the Commission’s rules                  under 19 U.S.C. 1677(9) and if so, how,               trade/business association, provide the
                                               with respect to electronic filing. Also, in             including whether your firm/entity is a               information, on an aggregate basis, for
                                               accordance with sections 201.16(c) and                  U.S. producer of the Domestic Like                    the firms in which your workers are
                                               207.3 of the Commission’s rules, each                   Product, a U.S. union or worker group,                employed/which are members of your
                                               document filed by a party to the                        a U.S. importer of the Subject                        association.
                                               proceeding must be served on all other                  Merchandise, a foreign producer or                       (a) Production (quantity) and, if
                                               parties to the proceeding (as identified                exporter of the Subject Merchandise, a                known, an estimate of the percentage of
                                               by either the public or APO service list                U.S. or foreign trade or business                     total U.S. production of the Domestic
                                               as appropriate), and a certificate of                   association (a majority of whose                      Like Product accounted for by your
                                               service must accompany the document                     members are interested parties under                  firm’s(s’) production;
                                               (if you are not a party to the proceeding               the statute), or another interested party                (b) Capacity (quantity) of your firm to
                                               you do not need to serve your response).                (including an explanation). If you are a              produce the Domestic Like Product (that
                                                  No response to this request for                      union/worker group or trade/business                  is, the level of production that your
                                               information is required if a currently                  association, identify the firms in which              establishment(s) could reasonably have
                                               valid Office of Management and Budget                   your workers are employed or which are                expected to attain during the year,
                                               (‘‘OMB’’) number is not displayed; the                  members of your association.                          assuming normal operating conditions
                                               OMB number is 3117 0016/USITC No.
                                                                                                          (3) A statement indicating whether                 (using equipment and machinery in
                                               18–5–409, expiration date June 30,
                                                                                                       your firm/entity is willing to participate            place and ready to operate), normal
                                               2020. Public reporting burden for the
                                                                                                       in this proceeding by providing                       operating levels (hours per week/weeks
                                               request is estimated to average 15 hours
                                                                                                       information requested by the                          per year), time for downtime,
                                               per response. Please send comments
                                                                                                       Commission.                                           maintenance, repair, and cleanup, and a
                                               regarding the accuracy of this burden
                                                                                                          (4) A statement of the likely effects of           typical or representative product mix);
                                               estimate to the Office of Investigations,
                                               U.S. International Trade Commission,                    the revocation of the antidumping duty                   (c) the quantity and value of U.S.
                                               500 E Street SW, Washington, DC                         orders on the Domestic Industry in                    commercial shipments of the Domestic
                                               20436.                                                  general and/or your firm/entity                       Like Product produced in your U.S.
                                                  Inability to provide requested                       specifically. In your response, please                plant(s);
                                               information.—Pursuant to section                        discuss the various factors specified in                 (d) the quantity and value of U.S.
                                               207.61(c) of the Commission’s rules, any                section 752(a) of the Act (19 U.S.C.                  internal consumption/company
                                               interested party that cannot furnish the                1675a(a)) including the likely volume of              transfers of the Domestic Like Product
                                               information requested by this notice in                 subject imports, likely price effects of              produced in your U.S. plant(s); and
                                               the requested form and manner shall                     subject imports, and likely impact of                    (e) the value of (i) net sales, (ii) cost
                                               notify the Commission at the earliest                   imports of Subject Merchandise on the                 of goods sold (COGS), (iii) gross profit,
                                               possible time, provide a full explanation               Domestic Industry.                                    (iv) selling, general and administrative
                                               of why it cannot provide the requested                     (5) A list of all known and currently              (SG&A) expenses, and (v) operating
                                               information, and indicate alternative                   operating U.S. producers of the                       income of the Domestic Like Product
                                               forms in which it can provide                           Domestic Like Product. Identify any                   produced in your U.S. plant(s) (include
                                               equivalent information. If an interested                known related parties and the nature of               both U.S. and export commercial sales,
                                               party does not provide this notification                the relationship as defined in section                internal consumption, and company
                                               (or the Commission finds the                            771(4)(B) of the Act (19 U.S.C.                       transfers) for your most recently
                                               explanation provided in the notification                1677(4)(B)).                                          completed fiscal year (identify the date
                                               inadequate) and fails to provide a                         (6) A list of all known and currently              on which your fiscal year ends).
                                               complete response to this notice, the                   operating U.S. importers of the Subject                  (10) If you are a U.S. importer or a
                                               Commission may take an adverse                          Merchandise and producers of the                      trade/business association of U.S.
                                               inference against the party pursuant to                 Subject Merchandise in each Subject                   importers of the Subject Merchandise
                                               section 776(b) of the Act (19 U.S.C.                    Country that currently export or have                 from any Subject Country, provide the
                                               1677e(b)) in making its determinations                  exported Subject Merchandise to the                   following information on your firm’s(s’)
daltland on DSKBBV9HB2PROD with NOTICES




                                               in the reviews.                                         United States or other countries after                operations on that product during
                                                  Information To Be Provided in                        2012.                                                 calendar year 2017 (report quantity data
                                               Response to this Notice of Institution: If                 (7) A list of 3–5 leading purchasers in            in short tons and value data in U.S.
                                               you are a domestic producer, union/                     the U.S. market for the Domestic Like                 dollars). If you are a trade/business
                                               worker group, or trade/business                         Product and the Subject Merchandise                   association, provide the information, on
                                               association; import/export Subject                      (including street address, World Wide                 an aggregate basis, for the firms which
                                               Merchandise from more than one                          Web address, and the name, telephone                  are members of your association.


                                          VerDate Sep<11>2014   17:06 May 31, 2018   Jkt 244001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                                                Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices                                                 25493

                                                  (a) The quantity and value (landed,                  production methods; development                       Fifam Trust, agrees to sell the Site
                                               duty-paid but not including                             efforts; ability to increase production               property and to pay 75% of the net
                                               antidumping duties) of U.S. imports                     (including the shift of production                    proceeds to the EPA Hazardous
                                               and, if known, an estimate of the                       facilities used for other products and the            Substance Superfund in reimbursement
                                               percentage of total U.S. imports of                     use, cost, or availability of major inputs            of the United States’ response costs. The
                                               Subject Merchandise from each Subject                   into production); and factors related to              United States will pay $302,950 to the
                                               Country accounted for by your firm’s(s’)                the ability to shift supply among                     EPA Hazardous Substance Superfund to
                                               imports;                                                different national markets (including                 resolve the alleged liability of the
                                                  (b) the quantity and value (f.o.b. U.S.              barriers to importation in foreign                    Department of Defense, the Defense
                                               port, including antidumping duties) of                  markets or changes in market demand                   Logistics Agency, and DLA Disposition
                                               U.S. commercial shipments of Subject                    abroad). Demand conditions to consider                Services. Under the consent decree, the
                                               Merchandise imported from each                          include end uses and applications; the                United States agrees not to sue Mr.
                                               Subject Country; and                                    existence and availability of substitute              Stevens or the Fifam Trust under
                                                  (c) the quantity and value (f.o.b. U.S.              products; and the level of competition                sections 106 or 107 of CERCLA
                                               port, including antidumping duties) of                  among the Domestic Like Product                       regarding the Site, and Mr. Stevens and
                                               U.S. internal consumption/company                       produced in the United States, Subject                the Fifam Trust agree not to sue the
                                               transfers of Subject Merchandise                        Merchandise produced in each Subject                  United States with respect to the Site.
                                               imported from each Subject Country.                     Country, and such merchandise from                    Mr. Stevens, the Fifam Trust, the
                                                  (11) If you are a producer, an exporter,             other countries.                                      Department of Defense, the Defense
                                               or a trade/business association of                         (13) (OPTIONAL) A statement of                     Logistics Agency, and DLA Disposition
                                               producers or exporters of the Subject                   whether you agree with the above                      Services will receive protection against
                                               Merchandise in any Subject Country,                     definitions of the Domestic Like Product              contribution claims under CERCLA with
                                               provide the following information on                    and Domestic Industry; if you disagree                respect to the Site.
                                               your firm’s(s’) operations on that                      with either or both of these definitions,               The publication of this notice opens
                                               product during calendar year 2017                       please explain why and provide                        a period for public comment on the
                                               (report quantity data in short tons and                                                                       consent decree. Comments should be
                                                                                                       alternative definitions.
                                               value data in U.S. dollars, landed and                                                                        addressed to the Assistant Attorney
                                               duty-paid at the U.S. port but not                        Authority: This proceeding is being
                                                                                                       conducted under authority of title VII of the         General, Environment and Natural
                                               including antidumping duties). If you                                                                         Resources Division, and should refer to
                                                                                                       Tariff Act of 1930; this notice is published
                                               are a trade/business association, provide                                                                     United States v. Stevens, D.J. Ref. Nos.
                                                                                                       pursuant to section 207.61 of the
                                               the information, on an aggregate basis,                 Commission’s rules.                                   90–11–3–11588, 90–11–6–20789. All
                                               for the firms which are members of your                                                                       comments must be submitted no later
                                               association.                                              By order of the Commission.
                                                                                                         Issued: May 25, 2018.                               than thirty (30) days after the
                                                  (a) Production (quantity) and, if
                                                                                                                                                             publication date of this notice.
                                               known, an estimate of the percentage of                 William Bishop,
                                                                                                                                                             Comments may be submitted either by
                                               total production of Subject Merchandise                 Supervisory Hearings and Information
                                                                                                                                                             email or by mail:
                                               in each Subject Country accounted for                   Officer.
                                               by your firm’s(s’) production;                          [FR Doc. 2018–11678 Filed 5–31–18; 8:45 am]           To submit
                                                  (b) Capacity (quantity) of your firm(s)                                                                                       Send them to:
                                                                                                       BILLING CODE P                                        comments:
                                               to produce the Subject Merchandise in
                                               each Subject Country (that is, the level                                                                      By email ......    pubcomment-ees.enrd@
                                               of production that your establishment(s)                                                                                           usdoj.gov.
                                                                                                       DEPARTMENT OF JUSTICE                                 By mail ........   Assistant Attorney General,
                                               could reasonably have expected to
                                               attain during the year, assuming normal                                                                                            U.S. DOJ—ENRD, P.O. Box
                                                                                                       Notice of Lodging of Proposed                                              7611, Washington, DC
                                               operating conditions (using equipment                   Consent Decree Under the                                                   20044–7611.
                                               and machinery in place and ready to                     Comprehensive Environmental
                                               operate), normal operating levels (hours                Response, Compensation, and Liability                   During the public comment period,
                                               per week/weeks per year), time for                      Act                                                   the consent decree may be examined
                                               downtime, maintenance, repair, and                                                                            and downloaded at this Justice
                                               cleanup, and a typical or representative                  On May 24, 2018, the Department of
                                                                                                                                                             Department website: https://
                                               product mix); and                                       Justice lodged a proposed consent
                                                                                                                                                             www.justice.gov/enrd/consent-decrees.
                                                  (c) the quantity and value of your                   decree with the United States District
                                                                                                                                                             We will provide a paper copy of the
                                               firm’s(s’) exports to the United States of              Court for the District of Utah in the
                                                                                                                                                             consent decree upon written request
                                               Subject Merchandise and, if known, an                   lawsuit entitled United States v.
                                                                                                                                                             and payment of reproduction costs.
                                               estimate of the percentage of total                     Stevens, Civil Action No. 2:18–cv–
                                                                                                                                                             Please mail your request and payment
                                               exports to the United States of Subject                 00402–PMW.
                                                                                                                                                             to: Consent Decree Library, U.S. DOJ—
                                               Merchandise from each Subject Country                     The United States filed this lawsuit
                                                                                                                                                             ENRD, P.O. Box 7611, Washington, DC
                                               accounted for by your firm’s(s’) exports.               under the Comprehensive
                                                                                                                                                             20044–7611.
                                                  (12) Identify significant changes, if                Environmental Response,                                 Please enclose a check or money order
                                               any, in the supply and demand                           Compensation, and Liability Act                       for $16.75 (25 cents per page
                                               conditions or business cycle for the                    (CERCLA). The United States’ complaint                reproduction cost) payable to the United
                                               Domestic Like Product that have                         names J. Daniel Stevens, in his capacity              States Treasury.
daltland on DSKBBV9HB2PROD with NOTICES




                                               occurred in the United States or in the                 as trustee of the Fifam Trust, as
                                               market for the Subject Merchandise in                   defendant. The complaint requests                     Robert Brook,
                                               each Subject Country after 2012, and                    recovery of costs that the United States              Assistant Section Chief, Environmental
                                               significant changes, if any, that are                   incurred responding to releases of                    Enforcement Section, Environment and
                                               likely to occur within a reasonably                     hazardous substances at the North Salt                Natural Resources Division.
                                               foreseeable time. Supply conditions to                  Lake HazMat Site in Salt Lake City,                   [FR Doc. 2018–11795 Filed 5–31–18; 8:45 am]
                                               consider include technology;                            Utah. Mr. Stevens, on behalf of the                   BILLING CODE 4410–15–P




                                          VerDate Sep<11>2014   17:06 May 31, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4703   Sfmt 9990   E:\FR\FM\01JNN1.SGM   01JNN1



Document Created: 2018-06-01 01:30:09
Document Modified: 2018-06-01 01:30:09
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 25490 

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