83_FR_45069 83 FR 44898 - Silicomanganese From India, Kazakhstan, and Venezuela; Institution of Five-Year Reviews

83 FR 44898 - Silicomanganese From India, Kazakhstan, and Venezuela; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 171 (September 4, 2018)

Page Range44898-44900
FR Document2018-18848

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela 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 171 (Tuesday, September 4, 2018)
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44898-44900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18848]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-929-931 (Third Review)]


Silicomanganese From India, Kazakhstan, and Venezuela; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping duty orders on 
silicomanganese from India, Kazakhstan, and Venezuela 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 September 4, 2018. To be assured of consideration, 
the deadline for responses is October 4, 2018. Comments on the adequacy 
of responses may be filed with the Commission by November 19, 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 May 23, 2002, the Department of Commerce issued 
antidumping duty orders on imports of silicomanganese from India, 
Kazakhstan, and Venezuela (67 FR 36149). Following the first five-year 
reviews by Commerce and the Commission, effective November 30, 2007, 
Commerce issued a continuation of the antidumping duty orders on 
imports of silicomanganese from India, Kazakhstan, and Venezuela (73 FR 
841, January 4, 2008). Following the second five-year reviews by 
Commerce and the Commission, effective October 2, 2013, Commerce issued 
a continuation of the antidumping duty orders on imports of 
silicomanganese from India, Kazakhstan, and Venezuela (78 FR 60846). 
The Commission is now conducting third five-year reviews pursuant to 
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine 
whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct full or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Country in these reviews are India, Kazakhstan, and 
Venezuela.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, its expedited first five-year review determinations, 
and its full second five-year review determinations, the Commission 
found a single Domestic Like Product consisting of all forms, sizes, 
and compositions of silicomanganese, except low-carbon silicomanganese, 
coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, its 
expedited first five-year review determinations, and its full second 
five-year review determinations, the Commission found a single Domestic 
Industry consisting of all domestic producers of silicomanganese, 
except low-carbon silicomanganese.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the

[[Page 44899]]

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 October 4, 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 November 19, 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. 18-5-412, 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

[[Page 44900]]

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.
    (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: August 27, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-18848 Filed 8-31-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                44898                      Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

                                                     Related to their CSCs                              Investigations, U.S. International Trade              defined by the Department of
                                                7. New Business                                         Commission, 500 E Street SW,                          Commerce.
                                                   Action Item—Recommendations to                       Washington, DC 20436. Hearing-                           (2) The Subject Country in these
                                                     Superintendent on CSCs                             impaired persons can obtain                           reviews are India, Kazakhstan, and
                                                8. Public Comment                                       information on this matter by contacting              Venezuela.
                                                9. Adjournment                                          the Commission’s TDD terminal on 202–                    (3) The Domestic Like Product is the
                                                   The meeting is open to the public.                   205–1810. Persons with mobility                       domestically produced product or
                                                Interested persons may make oral/                       impairments who will need special                     products which are like, or in the
                                                written presentations to the Commission                 assistance in gaining access to the                   absence of like, most similar in
                                                during the business meeting or file                     Commission should contact the Office                  characteristics and uses with, the
                                                written statements. Such requests                       of the Secretary at 202–205–2000.                     Subject Merchandise. In its original
                                                should be made to the park                              General information concerning the                    determinations, its expedited first five-
                                                superintendent prior to the meeting.                    Commission may also be obtained by                    year review determinations, and its full
                                                   Public Disclosure of Comments:                       accessing its internet server (https://               second five-year review determinations,
                                                Before including your address, phone                    www.usitc.gov). The public record for                 the Commission found a single
                                                number, email address, or other                         this proceeding may be viewed on the                  Domestic Like Product consisting of all
                                                personal identifying information in your                Commission’s electronic docket (EDIS)                 forms, sizes, and compositions of
                                                comment, you should be aware that                       at https://edis.usitc.gov.                            silicomanganese, except low-carbon
                                                your entire comment—including your                                                                            silicomanganese, coextensive with
                                                                                                        SUPPLEMENTARY INFORMATION:                            Commerce’s scope.
                                                personal identifying information—may
                                                                                                           Background.—On May 23, 2002, the                      (4) The Domestic Industry is the U.S.
                                                be made publicly available at any time.
                                                                                                        Department of Commerce issued                         producers as a whole of the Domestic
                                                While you can ask us in your comment
                                                                                                        antidumping duty orders on imports of                 Like Product, or those producers whose
                                                to withhold your personal identifying
                                                                                                        silicomanganese from India,                           collective output of the Domestic Like
                                                information from public review, we
                                                                                                        Kazakhstan, and Venezuela (67 FR                      Product constitutes a major proportion
                                                cannot guarantee that we will be able to
                                                                                                        36149). Following the first five-year                 of the total domestic production of the
                                                do so.
                                                                                                        reviews by Commerce and the                           product. In its original determinations,
                                                   Authority: 5 U.S.C. Appendix 2.                      Commission, effective November 30,                    its expedited first five-year review
                                                Alma Ripps,                                             2007, Commerce issued a continuation                  determinations, and its full second five-
                                                Chief, Office of Policy.                                of the antidumping duty orders on                     year review determinations, the
                                                                                                        imports of silicomanganese from India,                Commission found a single Domestic
                                                [FR Doc. 2018–19118 Filed 8–31–18; 8:45 am]
                                                                                                        Kazakhstan, and Venezuela (73 FR 841,                 Industry consisting of all domestic
                                                BILLING CODE 4312–52–P
                                                                                                        January 4, 2008). Following the second                producers of silicomanganese, except
                                                                                                        five-year reviews by Commerce and the                 low-carbon silicomanganese.
                                                                                                        Commission, effective October 2, 2013,                   (5) An Importer is any person or firm
                                                INTERNATIONAL TRADE                                                                                           engaged, either directly or through a
                                                                                                        Commerce issued a continuation of the
                                                COMMISSION                                                                                                    parent company or subsidiary, in
                                                                                                        antidumping duty orders on imports of
                                                [Investigation Nos. 731–TA–929–931 (Third               silicomanganese from India,                           importing the Subject Merchandise into
                                                Review)]                                                Kazakhstan, and Venezuela (78 FR                      the United States from a foreign
                                                                                                        60846). The Commission is now                         manufacturer or through its selling
                                                Silicomanganese From India,                             conducting third five-year reviews                    agent.
                                                Kazakhstan, and Venezuela; Institution                  pursuant to section 751(c) of the Act, as                Participation in the proceeding and
                                                of Five-Year Reviews                                    amended (19 U.S.C. 1675(c)), to                       public service list.—Persons, including
                                                                                                        determine whether revocation of the                   industrial users of the Subject
                                                AGENCY: United States International                                                                           Merchandise and, if the merchandise is
                                                Trade Commission.                                       orders would be likely to lead to
                                                                                                        continuation or recurrence of material                sold at the retail level, representative
                                                ACTION: Notice.                                                                                               consumer organizations, wishing to
                                                                                                        injury to the domestic industry within
                                                                                                        a reasonably foreseeable time.                        participate in the proceeding as parties
                                                SUMMARY:    The Commission hereby gives                                                                       must file an entry of appearance with
                                                notice that it has instituted reviews                   Provisions concerning the conduct of
                                                                                                        this proceeding may be found in the                   the Secretary to the Commission, as
                                                pursuant to the Tariff Act of 1930 (‘‘the                                                                     provided in section 201.11(b)(4) of the
                                                Act’’), as amended, to determine                        Commission’s Rules of Practice and
                                                                                                        Procedure at 19 CFR parts 201, subparts               Commission’s rules, no later than 21
                                                whether revocation of the antidumping                                                                         days after publication of this notice in
                                                duty orders on silicomanganese from                     A and B and 19 CFR part 207, subparts
                                                                                                        A and F. The Commission will assess                   the Federal Register. The Secretary will
                                                India, Kazakhstan, and Venezuela                                                                              maintain a public service list containing
                                                would be likely to lead to continuation                 the adequacy of interested party
                                                                                                        responses to this notice of institution to            the names and addresses of all persons,
                                                or recurrence of material injury.                                                                             or their representatives, who are parties
                                                Pursuant to the Act, interested parties                 determine whether to conduct full or
                                                                                                        expedited reviews. The Commission’s                   to the proceeding.
                                                are requested to respond to this notice                                                                          Former Commission employees who
                                                by submitting the information specified                 determinations in any expedited
                                                                                                                                                              are seeking to appear in Commission
                                                below to the Commission.                                reviews will be based on the facts
                                                                                                                                                              five-year reviews are advised that they
                                                DATES: Instituted September 4, 2018. To                 available, which may include
                                                                                                                                                              may appear in a review even if they
sradovich on DSK3GMQ082PROD with NOTICES




                                                be assured of consideration, the                        information provided in response to this
                                                                                                                                                              participated personally and
                                                deadline for responses is October 4,                    notice.
                                                                                                                                                              substantially in the corresponding
                                                2018. Comments on the adequacy of                          Definitions.—The following                         underlying original investigation or an
                                                responses may be filed with the                         definitions apply to these reviews:                   earlier review of the same underlying
                                                Commission by November 19, 2018.                           (1) Subject Merchandise is the class or            investigation. The Commission’s
                                                FOR FURTHER INFORMATION CONTACT:                        kind of merchandise that is within the                designated agency ethics official has
                                                Mary Messer (202–205–3193), Office of                   scope of the five-year reviews, as                    advised that a five-year review is not the


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                                                                           Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                            44899

                                                same particular matter as the underlying                   Written submissions.—Pursuant to                   inference against the party pursuant to
                                                original investigation, and a five-year                 section 207.61 of the Commission’s                    section 776(b) of the Act (19 U.S.C.
                                                review is not the same particular matter                rules, each interested party response to              1677e(b)) in making its determinations
                                                as an earlier review of the same                        this notice must provide the information              in the reviews.
                                                underlying investigation for purposes of                specified below. The deadline for filing                 INFORMATION TO BE PROVIDED IN
                                                18 U.S.C. 207, the post employment                      such responses is October 4, 2018.                    RESPONSE TO THIS NOTICE OF
                                                statute for Federal employees, and                      Pursuant to section 207.62(b) of the                  INSTITUTION: If you are a domestic
                                                Commission rule 201.15(b) (19 CFR                       Commission’s rules, eligible parties (as              producer, union/worker group, or trade/
                                                201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 specified in Commission rule                          business association; import/export
                                                73 FR 24609 (May 5, 2008).                              207.62(b)(1)) may also file comments                  Subject Merchandise from more than
                                                Consequently, former employees are not                  concerning the adequacy of responses to               one Subject Country; or produce Subject
                                                required to seek Commission approval                    the notice of institution and whether the             Merchandise in more than one Subject
                                                to appear in a review under Commission                  Commission should conduct expedited                   Country, you may file a single response.
                                                rule 19 CFR 201.15, even if the                         or full reviews. The deadline for filing              If you do so, please ensure that your
                                                corresponding underlying original                       such comments is November 19, 2018.                   response to each question includes the
                                                investigation or an earlier review of the               All written submissions must conform                  information requested for each pertinent
                                                same underlying investigation was                       with the provisions of section 201.8 of               Subject Country. As used below, the
                                                pending when they were Commission                       the Commission’s rules; any                           term ‘‘firm’’ includes any related firms.
                                                employees. For further ethics advice on                 submissions that contain BPI must also                   (1) The name and address of your firm
                                                this matter, contact Charles Smith,                     conform with the requirements of                      or entity (including World Wide Web
                                                Office of the General Counsel, at 202–                  sections 201.6, 207.3, and 207.7 of the               address) and name, telephone number,
                                                205–3408.                                               Commission’s rules. The Commission’s                  fax number, and Email address of the
                                                                                                        Handbook on E-Filing, available on the                certifying official.
                                                   Limited disclosure of business
                                                                                                        Commission’s website at https://                         (2) A statement indicating whether
                                                proprietary information (BPI) under an                                                                        your firm/entity is an interested party
                                                administrative protective order (APO)                   edis.usitc.gov, elaborates upon the
                                                                                                        Commission’s rules with respect to                    under 19 U.S.C. 1677(9) and if so, how,
                                                and APO service list.—Pursuant to                                                                             including whether your firm/entity is a
                                                section 207.7(a) of the Commission’s                    electronic filing. Also, in accordance
                                                                                                        with sections 201.16(c) and 207.3 of the              U.S. producer of the Domestic Like
                                                rules, the Secretary will make BPI                                                                            Product, a U.S. union or worker group,
                                                submitted in this proceeding available                  Commission’s rules, each document
                                                                                                        filed by a party to the proceeding must               a U.S. importer of the Subject
                                                to authorized applicants under the APO                                                                        Merchandise, a foreign producer or
                                                issued in the proceeding, provided that                 be served on all other parties to the
                                                                                                        proceeding (as identified by either the               exporter of the Subject Merchandise, a
                                                the application is made no later than 21                                                                      U.S. or foreign trade or business
                                                days after publication of this notice in                public or APO service list as
                                                                                                        appropriate), and a certificate of service            association (a majority of whose
                                                the Federal Register. Authorized                                                                              members are interested parties under
                                                applicants must represent interested                    must accompany the document (if you
                                                                                                        are not a party to the proceeding you do              the statute), or another interested party
                                                parties, as defined in 19 U.S.C. 1677(9),                                                                     (including an explanation). If you are a
                                                                                                        not need to serve your response).
                                                who are parties to the proceeding. A                                                                          union/worker group or trade/business
                                                                                                           No response to this request for
                                                separate service list will be maintained                information is required if a currently                association, identify the firms in which
                                                by the Secretary for those parties                      valid Office of Management and Budget                 your workers are employed or which are
                                                authorized to receive BPI under the                     (‘‘OMB’’) number is not displayed; the                members of your association.
                                                APO.                                                    OMB number is 3117 0016/USITC No.                        (3) A statement indicating whether
                                                   Certification.—Pursuant to section                   18–5–412, expiration date June 30,                    your firm/entity is willing to participate
                                                207.3 of the Commission’s rules, any                    2020. Public reporting burden for the                 in this proceeding by providing
                                                person submitting information to the                    request is estimated to average 15 hours              information requested by the
                                                Commission in connection with this                      per response. Please send comments                    Commission.
                                                proceeding must certify that the                        regarding the accuracy of this burden                    (4) A statement of the likely effects of
                                                information is accurate and complete to                 estimate to the Office of Investigations,             the revocation of the antidumping duty
                                                the best of the submitter’s knowledge. In               U.S. International Trade Commission,                  orders on the Domestic Industry in
                                                making the certification, the submitter                 500 E Street SW, Washington, DC                       general and/or your firm/entity
                                                will acknowledge that information                       20436.                                                specifically. In your response, please
                                                submitted in response to this request for                  Inability to provide requested                     discuss the various factors specified in
                                                information and throughout this                         information.—Pursuant to section                      section 752(a) of the Act (19 U.S.C.
                                                proceeding or other proceeding may be                   207.61(c) of the Commission’s rules, any              1675a(a)) including the likely volume of
                                                disclosed to and used: (i) By the                       interested party that cannot furnish the              subject imports, likely price effects of
                                                Commission, its employees and Offices,                  information requested by this notice in               subject imports, and likely impact of
                                                and contract personnel (a) for                          the requested form and manner shall                   imports of Subject Merchandise on the
                                                developing or maintaining the records                   notify the Commission at the earliest                 Domestic Industry.
                                                of this or a related proceeding, or (b) in              possible time, provide a full explanation                (5) A list of all known and currently
                                                internal investigations, audits, reviews,               of why it cannot provide the requested                operating U.S. producers of the
                                                and evaluations relating to the                         information, and indicate alternative                 Domestic Like Product. Identify any
                                                programs, personnel, and operations of
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                                                                                                        forms in which it can provide                         known related parties and the nature of
                                                the Commission including under 5                        equivalent information. If an interested              the relationship as defined in section
                                                U.S.C. Appendix 3; or (ii) by U.S.                      party does not provide this notification              771(4)(B) of the Act (19 U.S.C.
                                                government employees and contract                       (or the Commission finds the                          1677(4)(B)).
                                                personnel, solely for cybersecurity                     explanation provided in the notification                 (6) A list of all known and currently
                                                purposes. All contract personnel will                   inadequate) and fails to provide a                    operating U.S. importers of the Subject
                                                sign appropriate nondisclosure                          complete response to this notice, the                 Merchandise and producers of the
                                                agreements.                                             Commission may take an adverse                        Subject Merchandise in each Subject


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                                                44900                      Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

                                                Country that currently export or have                   following information on your firm’s(s’)              Domestic Like Product that have
                                                exported Subject Merchandise to the                     operations on that product during                     occurred in the United States or in the
                                                United States or other countries after                  calendar year 2017 (report quantity data              market for the Subject Merchandise in
                                                2012.                                                   in short tons and value data in U.S.                  each Subject Country after 2012, and
                                                   (7) A list of 3–5 leading purchasers in              dollars). If you are a trade/business                 significant changes, if any, that are
                                                the U.S. market for the Domestic Like                   association, provide the information, on              likely to occur within a reasonably
                                                Product and the Subject Merchandise                     an aggregate basis, for the firms which               foreseeable time. Supply conditions to
                                                (including street address, World Wide                   are members of your association.                      consider include technology;
                                                Web address, and the name, telephone                       (a) The quantity and value (landed,                production methods; development
                                                number, fax number, and Email address                   duty-paid but not including                           efforts; ability to increase production
                                                of a responsible official at each firm).                antidumping duties) of U.S. imports                   (including the shift of production
                                                   (8) A list of known sources of                       and, if known, an estimate of the                     facilities used for other products and the
                                                information on national or regional                     percentage of total U.S. imports of                   use, cost, or availability of major inputs
                                                prices for the Domestic Like Product or                 Subject Merchandise from each Subject                 into production); and factors related to
                                                the Subject Merchandise in the U.S. or                  Country accounted for by your firm’s(s’)              the ability to shift supply among
                                                other markets.                                          imports;                                              different national markets (including
                                                   (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            barriers to importation in foreign
                                                Domestic Like Product, provide the                      port, including antidumping duties) of                markets or changes in market demand
                                                following information on your firm’s                    U.S. commercial shipments of Subject                  abroad). Demand conditions to consider
                                                operations on that product during                       Merchandise imported from each                        include end uses and applications; the
                                                calendar year 2017, except as noted                     Subject Country; and                                  existence and availability of substitute
                                                (report quantity data in short tons and                    (c) the quantity and value (f.o.b. U.S.            products; and the level of competition
                                                value data in U.S. dollars, f.o.b. plant).              port, including antidumping duties) of                among the Domestic Like Product
                                                If you are a union/worker group or                      U.S. internal consumption/company                     produced in the United States, Subject
                                                trade/business association, provide the                 transfers of Subject Merchandise                      Merchandise produced in each Subject
                                                information, on an aggregate basis, for                 imported from each Subject Country.                   Country, and such merchandise from
                                                the firms in which your workers are                        (11) If you are a producer, an exporter,
                                                                                                                                                              other countries.
                                                employed/which are members of your                      or a trade/business association of
                                                                                                                                                                 (13) (OPTIONAL) A statement of
                                                association.                                            producers or exporters of the Subject
                                                                                                                                                              whether you agree with the above
                                                   (a) Production (quantity) and, if                    Merchandise in any Subject Country,
                                                                                                                                                              definitions of the Domestic Like Product
                                                known, an estimate of the percentage of                 provide the following information on
                                                                                                                                                              and Domestic Industry; if you disagree
                                                total U.S. production of the Domestic                   your firm’s(s’) operations on that
                                                                                                                                                              with either or both of these definitions,
                                                Like Product accounted for by your                      product during calendar year 2017
                                                                                                                                                              please explain why and provide
                                                firm’s(s’) production;                                  (report quantity data in short tons and
                                                                                                                                                              alternative definitions.
                                                   (b) Capacity (quantity) of your firm to              value data in U.S. dollars, landed and
                                                produce the Domestic Like Product (that                 duty-paid at the U.S. port but not                      Authority: This proceeding is being
                                                is, the level of production that your                   including antidumping duties). If you                 conducted under authority of title VII of the
                                                                                                                                                              Tariff Act of 1930; this notice is published
                                                establishment(s) could reasonably have                  are a trade/business association, provide
                                                                                                                                                              pursuant to section 207.61 of the
                                                expected to attain during the year,                     the information, on an aggregate basis,               Commission’s rules.
                                                assuming normal operating conditions                    for the firms which are members of your
                                                (using equipment and machinery in                       association.                                            By order of the Commission.
                                                place and ready to operate), normal                        (a) Production (quantity) and, if                    Issued: August 27, 2018.
                                                operating levels (hours per week/weeks                  known, an estimate of the percentage of               Katherine Hiner,
                                                per year), time for downtime,                           total production of Subject Merchandise               Supervisory Attorney.
                                                maintenance, repair, and cleanup, and a                 in each Subject Country accounted for                 [FR Doc. 2018–18848 Filed 8–31–18; 8:45 am]
                                                typical or representative product mix);                 by your firm’s(s’) production;                        BILLING CODE 7020–02–P
                                                   (c) the quantity and value of U.S.                      (b) Capacity (quantity) of your firm(s)
                                                commercial shipments of the Domestic                    to produce the Subject Merchandise in
                                                Like Product produced in your U.S.                      each Subject Country (that is, the level              INTERNATIONAL TRADE
                                                plant(s);                                               of production that your establishment(s)              COMMISSION
                                                   (d) the quantity and value of U.S.                   could reasonably have expected to
                                                internal consumption/company                            attain during the year, assuming normal               [Investigation No. 731–TA–919 (Third
                                                                                                                                                              Review)]
                                                transfers of the Domestic Like Product                  operating conditions (using equipment
                                                produced in your U.S. plant(s); and                     and machinery in place and ready to                   Certain Welded Large Diameter Line
                                                   (e) the value of (i) net sales, (ii) cost            operate), normal operating levels (hours              Pipe From Japan; Institution of a Five-
                                                of goods sold (COGS), (iii) gross profit,               per week/weeks per year), time for                    Year Review
                                                (iv) selling, general and administrative                downtime, maintenance, repair, and
                                                (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              AGENCY: United States International
                                                income of the Domestic Like Product                     product mix); and                                     Trade Commission.
                                                produced in your U.S. plant(s) (include                    (c) the quantity and value of your                 ACTION: Notice.
                                                both U.S. and export commercial sales,                  firm’s(s’) exports to the United States of
                                                                                                                                                              SUMMARY:    The Commission hereby gives
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                                                internal consumption, and company                       Subject Merchandise and, if known, an
                                                transfers) for your most recently                       estimate of the percentage of total                   notice that it has instituted a review
                                                completed fiscal year (identify the date                exports to the United States of Subject               pursuant to the Tariff Act of 1930 (‘‘the
                                                on which your fiscal year ends).                        Merchandise from each Subject Country                 Act’’), as amended, to determine
                                                   (10) If you are a U.S. importer or a                 accounted for by your firm’s(s’) exports.             whether revocation of the antidumping
                                                trade/business association of U.S.                         (12) Identify significant changes, if              duty order on certain welded large
                                                importers of the Subject Merchandise                    any, in the supply and demand                         diameter line pipe from Japan would be
                                                from any Subject Country, provide the                   conditions or business cycle for the                  likely to lead to continuation or


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Document Created: 2018-09-01 02:59:36
Document Modified: 2018-09-01 02:59:36
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 September 4, 2018. To be assured of consideration, the deadline for responses is October 4, 2018. Comments on the adequacy of responses may be filed with the Commission by November 19, 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 44898 

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