83_FR_37665 83 FR 37517 - Certain Pasta From Italy and Turkey; Institution of Five-Year Reviews

83 FR 37517 - Certain Pasta From Italy and Turkey; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 148 (August 1, 2018)

Page Range37517-37520
FR Document2018-16435

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 and countervailing duty orders on certain pasta from Italy and Turkey 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 148 (Wednesday, August 1, 2018)
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37517-37520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16435]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-365-366 and 731-TA-734-735 (Fourth Review)]


Certain Pasta From Italy and Turkey; 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 and countervailing 
duty orders on certain pasta from Italy and Turkey 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 August 1, 2018. To be assured of consideration, the 
deadline for responses is August 31, 2018. Comments on the adequacy of 
responses may be filed with the Commission by October 16, 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 24, 1996, the 
Department of Commerce issued countervailing and antidumping duty 
orders on imports of certain pasta from Italy and Turkey (61 FR 38544). 
Following first five-year reviews by Commerce and the Commission, 
effective November 16, 2001, Commerce issued a continuation of the 
countervailing and antidumping duty orders on imports of certain pasta 
from Italy and Turkey (66 FR 57703). Following second five-year reviews 
by Commerce and the Commission, effective October 12, 2007, Commerce 
issued a continuation of the countervailing and antidumping duty orders 
on certain pasta from Italy and Turkey (72 FR 58052). Following third 
five-year reviews by Commerce and the Commission, effective September 
17, 2013, Commerce issued a continuation of the countervailing and 
antidumping duty orders on certain pasta from Italy and Turkey (78 FR 
57129). The Commission is now conducting fourth 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 Italy and Turkey.
    (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 
and subsequent five-year review determinations, the Commission defined 
the Domestic Like Product as all dry pasta. One Commissioner defined 
the Domestic Like Product differently in the original and expedited 
first five-year review determinations.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original and subsequent 
five-year review determinations, the Commission defined the Domestic 
Industry as all domestic producers of dry pasta. One Commissioner 
defined the Domestic Industry differently in the original and expedited 
first five-year review determinations.

[[Page 37518]]

    (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 August 31, 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 expedited or full reviews. The deadline for filing such 
comments is October 16, 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. 18-5-411, 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

[[Page 37519]]

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 and countervailing 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 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 any 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 or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 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 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

[[Page 37520]]

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: July 27, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16435 Filed 7-31-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                            Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices                                            37517

                                                the sale for importation, and the sale                   INTERNATIONAL TRADE                                   countervailing and antidumping duty
                                                within the United States after                           COMMISSION                                            orders on certain pasta from Italy and
                                                importation of certain subsea                                                                                  Turkey (72 FR 58052). Following third
                                                                                                         [Investigation Nos. 701–TA–365–366 and
                                                telecommunication systems and                            731–TA–734–735 (Fourth Review)]
                                                                                                                                                               five-year reviews by Commerce and the
                                                components thereof by reason of                                                                                Commission, effective September 17,
                                                infringement of one or more claims of                    Certain Pasta From Italy and Turkey;                  2013, Commerce issued a continuation
                                                U.S. Patent No. 8,380,068; U.S. Patent                   Institution of Five-Year Reviews                      of the countervailing and antidumping
                                                No. 7,860,403; U.S. Patent No.                                                                                 duty orders on certain pasta from Italy
                                                                                                         AGENCY: United States International                   and Turkey (78 FR 57129). The
                                                8,971,171; U.S. Patent No. 8,351,798;
                                                                                                         Trade Commission.                                     Commission is now conducting fourth
                                                and U.S. Patent No. 8,406,637. The
                                                                                                         ACTION: Notice.                                       reviews pursuant to section 751(c) of the
                                                complaint further alleges that an
                                                industry in the United States exists as                                                                        Act, as amended (19 U.S.C. 1675(c)), to
                                                                                                         SUMMARY:    The Commission hereby gives               determine whether revocation of the
                                                required by section 337. The Notice of                   notice that it has instituted reviews                 orders would be likely to lead to
                                                Investigation named Nokia Corporation                    pursuant to the Tariff Act of 1930 (‘‘the             continuation or recurrence of material
                                                of Espoo, Finland; Nokia Solutions and                   Act’’), as amended, to determine                      injury to the domestic industry within
                                                Networks B.V. of Hoofddorp, The                          whether revocation of the antidumping                 a reasonably foreseeable time.
                                                Netherlands; Nokia Solutions and                         and countervailing duty orders on                     Provisions concerning the conduct of
                                                Networks Oy of Espoo, Finland; Alcatel-                  certain pasta from Italy and Turkey                   this proceeding may be found in the
                                                Lucent Submarine Networks SAS of                         would be likely to lead to continuation               Commission’s Rules of Practice and
                                                Boulogne-Billancourt, France; Nokia                      or recurrence of material injury.                     Procedure at 19 CFR parts 201, subparts
                                                Solutions and Networks US LLC of                         Pursuant to the Act, interested parties               A and B and 19 CFR part 207, subparts
                                                Phoenix, Arizona; NEC Corporation of                     are requested to respond to this notice               A and F. The Commission will assess
                                                Tokyo, Japan; NEC Networks & System                      by submitting the information specified               the adequacy of interested party
                                                Integration Corporation of Tokyo, Japan;                 below to the Commission.                              responses to this notice of institution to
                                                and NEC Corporation of America of                        DATES: Instituted August 1, 2018. To be               determine whether to conduct full or
                                                Irving, Texas as respondents. The Office                 assured of consideration, the deadline                expedited reviews. The Commission’s
                                                of Unfair Import Investigations was                      for responses is August 31, 2018.                     determinations in any expedited
                                                named as a party in this investigation.                  Comments on the adequacy of responses                 reviews will be based on the facts
                                                                                                         may be filed with the Commission by                   available, which may include
                                                   On May 30, 2018, the complainants                     October 16, 2018.                                     information provided in response to this
                                                filed an unopposed motion for leave to                   FOR FURTHER INFORMATION CONTACT:                      notice.
                                                amend the complaint and notice of                        Mary Messer (202–205–3193), Office of                    Definitions.—The following
                                                investigation to reflect a corporate name                Investigations, U.S. International Trade              definitions apply to these reviews:
                                                change of one of the complainants from                   Commission, 500 E Street SW,                             (1) Subject Merchandise is the class or
                                                Neptune Subsea Acquisitions Ltd. to                      Washington, DC 20436. Hearing-                        kind of merchandise that is within the
                                                Xtera Topco Ltd.                                         impaired persons can obtain                           scope of the five-year reviews, as
                                                   On July 10, 2018, the ALJ issued the                  information on this matter by contacting              defined by the Department of
                                                subject ID, granting complainants’                       the Commission’s TDD terminal on 202–                 Commerce.
                                                unopposed motion. The ALJ found that                     205–1810. Persons with mobility                          (2) The Subject Countries in these
                                                good cause exists to amend the                           impairments who will need special                     reviews are Italy and Turkey.
                                                complaint and notice of investigation                    assistance in gaining access to the                      (3) The Domestic Like Product is the
                                                and that there was no evidence that the                  Commission should contact the Office                  domestically produced product or
                                                proposed amendment would harm the                        of the Secretary at 202–205–2000.                     products which are like, or in the
                                                public interest or prejudice to the                      General information concerning the                    absence of like, most similar in
                                                                                                         Commission may also be obtained by                    characteristics and uses with, the
                                                parties in the investigation. No petitions
                                                                                                         accessing its internet server (https://               Subject Merchandise. In its original and
                                                for review were filed.
                                                                                                         www.usitc.gov). The public record for                 subsequent five-year review
                                                   The Commission has determined not                     this proceeding may be viewed on the                  determinations, the Commission
                                                to review the ID.                                        Commission’s electronic docket (EDIS)                 defined the Domestic Like Product as all
                                                   The authority for the Commission’s                    at https://edis.usitc.gov.                            dry pasta. One Commissioner defined
                                                determination is contained in section                    SUPPLEMENTARY INFORMATION:                            the Domestic Like Product differently in
                                                337 of the Tariff Act of 1930, as                        Background.—On July 24, 1996, the                     the original and expedited first five-year
                                                amended (19 U.S.C. 1337), and in Part                    Department of Commerce issued                         review determinations.
                                                210 of the Commission’s Rules of                         countervailing and antidumping duty                      (4) The Domestic Industry is the U.S.
                                                Practice and Procedure (19 CFR part                      orders on imports of certain pasta from               producers as a whole of the Domestic
                                                210).                                                    Italy and Turkey (61 FR 38544).                       Like Product, or those producers whose
                                                                                                         Following first five-year reviews by                  collective output of the Domestic Like
                                                  By order of the Commission.                            Commerce and the Commission,                          Product constitutes a major proportion
                                                  Issued: July 27, 2018.                                 effective November 16, 2001, Commerce                 of the total domestic production of the
                                                                                                         issued a continuation of the                          product. In its original and subsequent
sradovich on DSK3GMQ082PROD with NOTICES




                                                Lisa Barton,
                                                Secretary to the Commission.                             countervailing and antidumping duty                   five-year review determinations, the
                                                [FR Doc. 2018–16485 Filed 7–31–18; 8:45 am]              orders on imports of certain pasta from               Commission defined the Domestic
                                                BILLING CODE 7020–02–P
                                                                                                         Italy and Turkey (66 FR 57703).                       Industry as all domestic producers of
                                                                                                         Following second five-year reviews by                 dry pasta. One Commissioner defined
                                                                                                         Commerce and the Commission,                          the Domestic Industry differently in the
                                                                                                         effective October 12, 2007, Commerce                  original and expedited first five-year
                                                                                                         issued a continuation of the                          review determinations.


                                           VerDate Sep<11>2014   20:07 Jul 31, 2018   Jkt 244001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\01AUN1.SGM   01AUN1


                                                37518                       Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices

                                                   (5) An Importer is any person or firm                 applicants must represent interested                  (if you are not a party to the proceeding
                                                engaged, either directly or through a                    parties, as defined in 19 U.S.C. 1677(9),             you do not need to serve your response).
                                                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                  18–5–411, 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                                                                          inadequate) and fails to provide a
                                                investigation. The Commission’s                          purposes. All contract personnel will
                                                                                                         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 determinations
                                                review is not the same particular matter
                                                                                                         this notice must provide the information              in the reviews.
                                                as an earlier review of the same
                                                underlying investigation for purposes of                 specified below. The deadline for filing              INFORMATION TO BE PROVIDED IN RESPONSE
                                                18 U.S.C. 207, the post employment                       such responses is August 31, 2018.                    TO THIS NOTICE OF INSTITUTION: If you are
                                                statute for Federal employees, and                       Pursuant to section 207.62(b) of the                  a domestic producer, union/worker
                                                Commission rule 201.15(b) (19 CFR                        Commission’s rules, eligible parties (as              group, or trade/business association;
                                                201.15(b)), 79 FR 3246 (Jan. 17, 2014),                  specified in Commission rule                          import/export Subject Merchandise
                                                73 FR 24609 (May 5, 2008).                               207.62(b)(1)) may also file comments                  from more than one Subject Country; or
                                                Consequently, former employees are not                   concerning the adequacy of responses to               produce Subject Merchandise in more
                                                required to seek Commission approval                     the notice of institution and whether the             than one Subject Country, you may file
                                                to appear in a review under Commission                   Commission should conduct expedited                   a single response. If you do so, please
                                                rule 19 CFR 201.15, even if the                          or full reviews. The deadline for filing              ensure that your response to each
                                                corresponding underlying original                        such comments is October 16, 2018. All                question includes the information
                                                investigation or an earlier review of the                written submissions must conform with                 requested for each pertinent Subject
                                                same underlying investigation was                        the provisions of section 201.8 of the                Country. As used below, the term ‘‘firm’’
                                                pending when they were Commission                        Commission’s rules; any submissions                   includes any related firms.
                                                employees. For further ethics advice on                  that contain BPI must also conform with                  (1) The name and address of your
                                                this matter, contact Charles Smith,                      the requirements of sections 201.6,                   firm or entity (including World Wide
                                                Office of the General Counsel, at 202–                   207.3, and 207.7 of the Commission’s                  Web address) and name, telephone
                                                205–3408.                                                rules. The Commission’s Handbook on                   number, fax number, and Email address
                                                   Limited disclosure of business                        E-Filing, available on the Commission’s               of the certifying official.
                                                proprietary information (BPI) under an                   website at https://edis.usitc.gov,                       (2) A statement indicating whether
                                                administrative protective order (APO)                    elaborates upon the Commission’s rules                your firm/entity is an interested party
                                                and APO service list.—Pursuant to                        with respect to electronic filing. Also, in           under 19 U.S.C. 1677(9) and if so, how,
                                                section 207.7(a) of the Commission’s                     accordance with sections 201.16(c) and                including whether your firm/entity is a
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                                                rules, the Secretary will make BPI                       207.3 of the Commission’s rules, each                 U.S. producer of the Domestic Like
                                                submitted in this proceeding available                   document filed by a party to the                      Product, a U.S. union or worker group,
                                                to authorized applicants under the APO                   proceeding must be served on all other                a U.S. importer of the Subject
                                                issued in the proceeding, provided that                  parties to the proceeding (as identified              Merchandise, a foreign producer or
                                                the application is made no later than 21                 by either the public or APO service list              exporter of the Subject Merchandise, a
                                                days after publication of this notice in                 as appropriate), and a certificate of                 U.S. or foreign trade or business
                                                the Federal Register. Authorized                         service must accompany the document                   association (a majority of whose


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                                                                            Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices                                            37519

                                                members are interested parties under                        (b) Capacity (quantity) of your firm to            product during calendar year 2017
                                                the statute), or another interested party                produce the Domestic Like Product (that               (report quantity data in pounds and
                                                (including an explanation). If you are a                 is, the level of production that your                 value data in U.S. dollars, landed and
                                                union/worker group or trade/business                     establishment(s) could reasonably have                duty-paid at the U.S. port but not
                                                association, identify the firms in which                 expected to attain during the year,                   including antidumping or
                                                your workers are employed or which are                   assuming normal operating conditions                  countervailing duties). If you are a
                                                members of your association.                             (using equipment and machinery in                     trade/business association, provide the
                                                   (3) A statement indicating whether                    place and ready to operate), normal                   information, on an aggregate basis, for
                                                your firm/entity is willing to participate               operating levels (hours per week/weeks                the firms which are members of your
                                                in this proceeding by providing                          per year), time for downtime,                         association.
                                                information requested by the                             maintenance, repair, and cleanup, and a                  (a) Production (quantity) and, if
                                                Commission.                                              typical or representative product mix);               known, an estimate of the percentage of
                                                   (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 and                    commercial shipments of the Domestic                  in each Subject Country accounted for
                                                countervailing duty orders on the                        Like Product produced in your U.S.                    by your firm’s(s’) production;
                                                Domestic Industry in general and/or                      plant(s);                                                (b) Capacity (quantity) of your firm(s)
                                                your firm/entity specifically. In your                      (d) the quantity and value of U.S.                 to produce the Subject Merchandise in
                                                response, please discuss the various                     internal consumption/company                          each Subject Country (that is, the level
                                                factors specified in section 752(a) of the               transfers of the Domestic Like Product                of production that your establishment(s)
                                                Act (19 U.S.C. 1675a(a)) including the                   produced in your U.S. plant(s); and                   could reasonably have expected to
                                                likely volume of subject imports, likely                    (e) the value of (i) net sales, (ii) cost          attain during the year, assuming normal
                                                price effects of subject imports, and                    of goods sold (COGS), (iii) gross profit,             operating conditions (using equipment
                                                likely impact of imports of Subject                      (iv) selling, general and administrative              and machinery in place and ready to
                                                Merchandise on the Domestic Industry.                    (SG&A) expenses, and (v) operating                    operate), normal operating levels (hours
                                                   (5) A list of all known and currently                 income of the Domestic Like Product                   per week/weeks per year), time for
                                                operating U.S. producers of the                          produced in your U.S. plant(s) (include               downtime, maintenance, repair, and
                                                Domestic Like Product. Identify any                      both U.S. and export commercial sales,                cleanup, and a typical or representative
                                                known related parties and the nature of                  internal consumption, and company                     product mix); and
                                                the relationship as defined in section                   transfers) for your most recently                        (c) the quantity and value of your
                                                771(4)(B) of the Act (19 U.S.C.                          completed fiscal year (identify the date              firm’s(s’) exports to the United States of
                                                1677(4)(B)).                                             on which your fiscal year ends).                      Subject Merchandise and, if known, an
                                                   (6) A list of all known and currently                    (10) If you are a U.S. importer or a               estimate of the percentage of total
                                                operating U.S. importers of the Subject                  trade/business association of U.S.                    exports to the United States of Subject
                                                Merchandise and producers of the                         importers of the Subject Merchandise                  Merchandise from each Subject Country
                                                Subject Merchandise in each Subject                      from any Subject Country, provide the                 accounted for by your firm’s(s’) exports.
                                                Country that currently export or have                    following information on your firm’s(s’)                 (12) Identify significant changes, if
                                                exported Subject Merchandise to the                      operations on that product during                     any, in the supply and demand
                                                United States or other countries after                   calendar year 2017 (report quantity data              conditions or business cycle for the
                                                2012.                                                    in pounds and value data in U.S.                      Domestic Like Product that have
                                                   (7) A list of 3–5 leading purchasers in               dollars). If you are a trade/business                 occurred in the United States or in the
                                                the U.S. market for the Domestic Like                    association, provide the information, on              market for the Subject Merchandise in
                                                Product and the Subject Merchandise                      an aggregate basis, for the firms which               each Subject Country after 2012, and
                                                (including street address, World Wide                    are members of your association.                      significant changes, if any, that are
                                                Web address, and the name, telephone                        (a) The quantity and value (landed,                likely to occur within a reasonably
                                                number, fax number, and Email address                    duty-paid but not including                           foreseeable time. Supply conditions to
                                                of a responsible official at each firm).                 antidumping or countervailing duties)                 consider include technology;
                                                   (8) A list of known sources of                        of U.S. imports and, if known, an                     production methods; development
                                                information on national or regional                      estimate of the percentage of total U.S.              efforts; ability to increase production
                                                prices for the Domestic Like Product or                  imports of Subject Merchandise from                   (including the shift of production
                                                the Subject Merchandise in the U.S. or                   each Subject Country accounted for by                 facilities used for other products and the
                                                other markets.                                           your firm’s(s’) imports;                              use, cost, or availability of major inputs
                                                   (9) If you are a U.S. producer of the                    (b) the quantity and value (f.o.b. U.S.            into production); and factors related to
                                                Domestic Like Product, provide the                       port, including antidumping and/or                    the ability to shift supply among
                                                following information on your firm’s                     countervailing duties) of U.S.                        different national markets (including
                                                operations on that product during                        commercial shipments of Subject                       barriers to importation in foreign
                                                calendar year 2017, except as noted                      Merchandise imported from each                        markets or changes in market demand
                                                (report quantity data in pounds and                      Subject Country; and                                  abroad). Demand conditions to consider
                                                value data in U.S. dollars, f.o.b. plant).                  (c) the quantity and value (f.o.b. U.S.            include end uses and applications; the
                                                If you are a union/worker group or                       port, including antidumping and/or                    existence and availability of substitute
                                                trade/business association, provide the                  countervailing duties) of U.S. internal               products; and the level of competition
                                                information, on an aggregate basis, for                  consumption/company transfers of                      among the Domestic Like Product
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                                                the firms in which your workers are                      Subject Merchandise imported from                     produced in the United States, Subject
                                                employed/which are members of your                       each Subject Country.                                 Merchandise produced in each Subject
                                                association.                                                (11) If you are a producer, an                     Country, and such merchandise from
                                                   (a) Production (quantity) and, if                     exporter, or a trade/business association             other countries.
                                                known, an estimate of the percentage of                  of producers or exporters of the Subject                 (13) (Optional) A statement of
                                                total U.S. production of the Domestic                    Merchandise in any Subject Country,                   whether you agree with the above
                                                Like Product accounted for by your                       provide the following information on                  definitions of the Domestic Like Product
                                                firm’s(s’) production;                                   your firm’s(s’) operations on that                    and Domestic Industry; if you disagree


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                                                37520                       Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices

                                                with either or both of these definitions,                collection instrument with instructions,                 Other: Individuals or Households,
                                                please explain why and provide                           or desire any other additional                        Federal Government, and State, Local,
                                                alternative definitions.                                 information, please contact Erica Payne,              or Tribal Government.
                                                  Authority: This proceeding is being                    National Firearms Act Division, either                   Abstract: The purpose of this survey
                                                conducted under authority of title VII of the            by mail at 244 Needy Road,                            is to gather information about customer
                                                Tariff Act of 1930; this notice is published             Martinsburg, WV 25405, by email at                    service provided to the firearms and
                                                pursuant to section 207.61 of the                        Erica.payne@atf.gov or by telephone at                explosives industry and government
                                                Commission’s rules.                                      304–616–4582. Written comments and/                   agencies, in order to improve service
                                                  By order of the Commission.                            or suggestions can also be directed to                delivery and customer satisfaction.
                                                  Issued: July 27, 2018.                                 the Office of Management and Budget,                     (5) An estimate of the total number of
                                                                                                         Office of Information and Regulatory                  respondents and the amount of time
                                                Lisa Barton,
                                                                                                         Affairs, Attention Department of Justice              estimated for an average respondent to
                                                Secretary to the Commission.
                                                                                                         Desk Officer, Washington, DC 20503 or                 respond: An estimated 18,200
                                                [FR Doc. 2018–16435 Filed 7–31–18; 8:45 am]                                                                    respondents will utilize this survey, and
                                                                                                         sent to OIRA_submissions@
                                                BILLING CODE 7020–02–P                                                                                         it will take each respondent
                                                                                                         omb.eop.gov.
                                                                                                                                                               approximately 5 minutes to complete
                                                                                                         SUPPLEMENTARY INFORMATION:       Written              their responses.
                                                DEPARTMENT OF JUSTICE                                    comments and suggestions from the                        (6) An estimate of the total public
                                                                                                         public and affected agencies concerning               burden (in hours) associated with the
                                                Bureau of Alcohol, Tobacco, Firearms                     the proposed collection of information                collection: The estimated annual public
                                                and Explosives                                           are encouraged. Your comments should                  burden associated with this collection is
                                                [OMB Number 1140–0101]
                                                                                                         address one or more of the following                  1,517 hours which is equal to: 18,200
                                                                                                         four points:                                          (total # of responses) * .0833333 (5
                                                Agency Information Collection                            —Evaluate whether the proposed                        minutes).
                                                Activities; Proposed eCollection                           collection of information is necessary                 If additional information is required
                                                eComments Requested; National                              for the proper performance of the                   contact: Melody Braswell, Department
                                                Firearms Act Division and Firearms                         functions of the agency, including                  Clearance Officer, United States
                                                and Explosives Services Division                           whether the information will have                   Department of Justice, Justice
                                                Customer Service Survey                                    practical utility;                                  Management Division, Policy and
                                                                                                         —Evaluate the accuracy of the agency’s                Planning Staff, Two Constitution
                                                AGENCY:  Bureau of Alcohol, Tobacco,
                                                                                                           estimate of the burden of the                       Square, 145 N Street NE, 3E.405A,
                                                Firearms and Explosives, Department of
                                                                                                           proposed collection of information,                 Washington, DC 20530.
                                                Justice.
                                                                                                           including the validity of the                         Date: July 27, 2018.
                                                ACTION: 30-day notice.
                                                                                                           methodology and assumptions used;                   Melody Braswell,
                                                SUMMARY:   The Department of Justice                     —Evaluate whether and if so how the                   Department Clearance Officer for PRA, U.S.
                                                (DOJ), Bureau of Alcohol, Tobacco,                         quality, utility, and clarity of the                Department of Justice.
                                                Firearms and Explosives (ATF), will                        information to be collected can be                  [FR Doc. 2018–16487 Filed 7–31–18; 8:45 am]
                                                submit the following information                           enhanced; and                                       BILLING CODE 4410–14–P
                                                collection request to the Office of                      —Minimize the burden of the collection
                                                Management and Budget (OMB) for                            of information on those who are to
                                                review and approval in accordance with                     respond, including through the use of               DEPARTMENT OF JUSTICE
                                                the Paperwork Reduction Act of 1995. A                     appropriate automated, electronic,
                                                minor change is being made to the                          mechanical, or other technological                  Drug Enforcement Administration
                                                proposed collection OMB 1140–0101                          collection techniques or other forms
                                                                                                                                                               [Docket No. DEA–392]
                                                (Firearms and Explosives Services                          of information technology, e.g.,
                                                Division (FESD) Customer Service                           permitting electronic submission of                 Bulk Manufacturer of Controlled
                                                Survey), to include references to the                      responses.                                          Substances Application: Chemtos,
                                                recently established National Firearms                   Overview of This Information                          LLC
                                                Act Division (NFA Division); which was                   Collection
                                                previously a branch in FESD. All survey                                                                        ACTION:   Notice of application.
                                                questions directly relate to customer                      (1) Type of Information Collection:
                                                experience in FESD, NFA Division and                     Extension, with change, of a currently                DATES:  Registered bulk manufacturers of
                                                their branches. The proposed collection                  approved collection.                                  the affected basic classes, and
                                                is being published to obtain comments                      (2) The Title of the Form/Collection:               applicants therefore, may file written
                                                from the public and affected agencies.                   National Firearms Act Division and                    comments on or objections to the
                                                The proposed information collection                      Firearms and Explosives Services                      issuance of the proposed registration on
                                                was previously published in the Federal                  Division Customer Service Survey.                     or before October 1, 2018.
                                                Register, on May 30, 2018, allowing for                    (3) The agency form number, if any,                 ADDRESSES: Written comments should
                                                a 60-day comment period.                                 and the applicable component of the                   be sent to: Drug Enforcement
                                                DATES: Comments are encouraged and                       Department sponsoring the collection:                 Administration, Attention: DEA Federal
                                                will be accepted for an additional 30                      Form number: None.                                  Register Representative/DRW, 8701
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                                                days until August 31, 2018.                                Component: Bureau of Alcohol,                       Morrissette Drive, Springfield, Virginia
                                                FOR FURTHER INFORMATION CONTACT: If                      Tobacco, Firearms and Explosives, U.S.                22152.
                                                you have additional comments,                            Department of Justice.                                SUPPLEMENTARY INFORMATION: The
                                                particularly with respect to the                           (4) Affected public who will be asked               Attorney General has delegated his
                                                estimated public burden or associated                    or required to respond, as well as a brief            authority under the Controlled
                                                response time, have suggestions, need a                  abstract:                                             Substances Act to the Administrator of
                                                copy of the proposed information                           Primary: Business or other for-profit.              the Drug Enforcement Administration


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Document Created: 2018-08-01 01:23:01
Document Modified: 2018-08-01 01:23:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesInstituted August 1, 2018. To be assured of consideration, the deadline for responses is August 31, 2018. Comments on the adequacy of responses may be filed with the Commission by October 16, 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 37517 

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