83 FR 44900 - Certain Welded Large Diameter Line Pipe From Japan; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

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

Page Range		44900-44903
FR Document		2018-18861

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on certain welded large diameter line pipe from Japan 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 44900-44903]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18861]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-919 (Third Review)]

Certain Welded Large Diameter Line Pipe From Japan; Institution
of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to
determine whether revocation of the antidumping duty order on certain
welded large diameter line pipe from Japan would be likely to lead to
continuation or

[[Page 44901]]

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 December 6, 2001, the Department of Commerce issued
an antidumping duty order on imports of certain welded large diameter
line pipe from Japan (66 FR 63368). Following the first five- year
reviews by Commerce and the Commission, effective November 5, 2007,
Commerce issued a continuation of the antidumping duty order on imports
of certain welded large diameter line pipe from Japan (72 FR 62435).
Following the second five-year reviews by Commerce and the Commission,
effective October 29, 2013, Commerce issued a continuation of the
antidumping duty order on imports of certain welded large diameter line
pipe from Japan (78 FR 64477). The Commission is now conducting a third
review pursuant to section 751(c) of the Act, as amended (19 U.S.C.
1675(c)), to determine whether revocation of the order would be likely
to lead to continuation or recurrence of material injury to the
domestic industry within a reasonably foreseeable time. Provisions
concerning the conduct of this proceeding may be found in the
Commission's Rules of Practice and Procedure at 19 CFR parts 201,
subparts A and B and 19 CFR part 207, subparts A and F. The Commission
will assess the adequacy of interested party responses to this notice
of institution to determine whether to conduct a full review or an
expedited review. The Commission's determination in any expedited
review will be based on the facts available, which may include
information provided in response to this notice.
Definitions.--The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is Japan.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination and its full first and second five-year review
determinations, the Commission found a single Domestic Like Product
consisting of certain welded large diameter line pipe, coextensive with
Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination and
its full first and second five-year review determinations, the
Commission found a single Domestic Industry consisting of all domestic
producers of certain welded large diameter line pipe.
(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

[[Page 44902]]

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 an expedited or full review. 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://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
rules with respect to electronic filing. Also, in accordance with
sections 201.16(c) and 207.3 of the Commission's rules, each document
filed by a party to the proceeding must be served on all other parties
to the proceeding (as identified by either the public or APO service
list as appropriate), and a certificate of service must accompany the
document (if you are not a party to the proceeding you do not need to
serve your response).
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 18-5-413, expiration
date June 30, 2020. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436.
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determination in the review.
Information to be Provided in Response to This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty order on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries 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 the 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

[[Page 44903]]

an aggregate basis, for the firms which are members of your
association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from the
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2017 (report quantity
data in 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 the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country 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 the
Subject Country, and such merchandise from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.

Authority: This proceeding is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.

By order of the Commission.

Issued: August 27, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-18861 Filed 8-31-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44901

recurrence of material injury. Pursuant Commission’s determination in any investigation. The Commission’s
to the Act, interested parties are expedited review will be based on the designated agency ethics official has
requested to respond to this notice by facts available, which may include advised that a five-year review is not the
submitting the information specified information provided in response to this same particular matter as the underlying
below to the Commission. notice. original investigation, and a five-year
DATES: Instituted September 4, 2018. To Definitions.—The following review is not the same particular matter
be assured of consideration, the definitions apply to this review: as an earlier review of the same
deadline for responses is October 4, (1) Subject Merchandise is the class or underlying investigation for purposes of
2018. Comments on the adequacy of kind of merchandise that is within the 18 U.S.C. 207, the post employment
responses may be filed with the scope of the five-year review, as defined statute for Federal employees, and
Commission by November 19, 2018. by the Department of Commerce. Commission rule 201.15(b) (19 CFR
(2) The Subject Country in this review 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
FOR FURTHER INFORMATION CONTACT:
is Japan. 73 FR 24609 (May 5, 2008).
Mary Messer (202–205–3193), Office of (3) The Domestic Like Product is the
Investigations, U.S. International Trade Consequently, former employees are not
domestically produced product or required to seek Commission approval
Commission, 500 E Street SW, products which are like, or in the
Washington, DC 20436. Hearing- to appear in a review under Commission
absence of like, most similar in rule 19 CFR 201.15, even if the
impaired persons can obtain characteristics and uses with, the
information on this matter by contacting corresponding underlying original
Subject Merchandise. In its original investigation or an earlier review of the
the Commission’s TDD terminal on 202– determination and its full first and
205–1810. Persons with mobility same underlying investigation was
second five-year review determinations, pending when they were Commission
impairments who will need special the Commission found a single
assistance in gaining access to the employees. For further ethics advice on
Domestic Like Product consisting of this matter, contact Charles Smith,
Commission should contact the Office certain welded large diameter line pipe,
of the Secretary at 202–205–2000. Office of the General Counsel, at 202–
coextensive with Commerce’s scope. 205–3408.
General information concerning the (4) The Domestic Industry is the U.S. Limited disclosure of business
Commission may also be obtained by producers as a whole of the Domestic proprietary information (BPI) under an
accessing its internet server (https:// Like Product, or those producers whose administrative protective order (APO)
www.usitc.gov). The public record for collective output of the Domestic Like and APO service list.—Pursuant to
this proceeding may be viewed on the Product constitutes a major proportion section 207.7(a) of the Commission’s
Commission’s electronic docket (EDIS) of the total domestic production of the rules, the Secretary will make BPI
at https://edis.usitc.gov. product. In its original determination submitted in this proceeding available
SUPPLEMENTARY INFORMATION: and its full first and second five-year to authorized applicants under the APO
Background.—On December 6, 2001, review determinations, the Commission issued in the proceeding, provided that
the Department of Commerce issued an found a single Domestic Industry the application is made no later than 21
antidumping duty order on imports of consisting of all domestic producers of days after publication of this notice in
certain welded large diameter line pipe certain welded large diameter line pipe. the Federal Register. Authorized
from Japan (66 FR 63368). Following the (5) An Importer is any person or firm applicants must represent interested
first five- year reviews by Commerce engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9),
and the Commission, effective parent company or subsidiary, in who are parties to the proceeding. A
November 5, 2007, Commerce issued a importing the Subject Merchandise into separate service list will be maintained
continuation of the antidumping duty the United States from a foreign by the Secretary for those parties
order on imports of certain welded large manufacturer or through its selling authorized to receive BPI under the
diameter line pipe from Japan (72 FR agent. APO.
62435). Following the second five-year Participation in the proceeding and Certification.—Pursuant to section
reviews by Commerce and the public service list.—Persons, including 207.3 of the Commission’s rules, any
Commission, effective October 29, 2013, industrial users of the Subject person submitting information to the
Commerce issued a continuation of the Merchandise and, if the merchandise is Commission in connection with this
antidumping duty order on imports of sold at the retail level, representative proceeding must certify that the
certain welded large diameter line pipe consumer organizations, wishing to information is accurate and complete to
from Japan (78 FR 64477). The participate in the proceeding as parties the best of the submitter’s knowledge. In
Commission is now conducting a third must file an entry of appearance with making the certification, the submitter
review pursuant to section 751(c) of the the Secretary to the Commission, as will acknowledge that information
Act, as amended (19 U.S.C. 1675(c)), to provided in section 201.11(b)(4) of the submitted in response to this request for
determine whether revocation of the Commission’s rules, no later than 21 information and throughout this
order would be likely to lead to days after publication of this notice in proceeding or other proceeding may be
continuation or recurrence of material the Federal Register. The Secretary will disclosed to and used: (i) By the
injury to the domestic industry within maintain a public service list containing Commission, its employees and Offices,
a reasonably foreseeable time. the names and addresses of all persons, and contract personnel (a) for
Provisions concerning the conduct of or their representatives, who are parties developing or maintaining the records
this proceeding may be found in the to the proceeding. of this or a related proceeding, or (b) in
Commission’s Rules of Practice and Former Commission employees who
sradovich on DSK3GMQ082PROD with NOTICES

internal investigations, audits, reviews,
Procedure at 19 CFR parts 201, subparts are seeking to appear in Commission and evaluations relating to the
A and B and 19 CFR part 207, subparts five-year reviews are advised that they programs, personnel, and operations of
A and F. The Commission will assess may appear in a review even if they the Commission including under 5
the adequacy of interested party participated personally and U.S.C. Appendix 3; or (ii) by U.S.
responses to this notice of institution to substantially in the corresponding government employees and contract
determine whether to conduct a full underlying original investigation or an personnel, solely for cybersecurity
review or an expedited review. The earlier review of the same underlying purposes. All contract personnel will

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Document Created: 2018-09-01 02:59:57
Document Modified: 2018-09-01 02:59:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
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.
FR Citation		83 FR 44900