83_FR_4703 83 FR 4681 - Certain Activated Carbon From China; Institution of a Five-Year Review

83 FR 4681 - Certain Activated Carbon From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 22 (February 1, 2018)

Page Range4681-4684
FR Document2018-01342

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 activated carbon from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4681-4684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01342]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1103 (Second Review)]


Certain Activated Carbon From China; Institution of a Five-Year 
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on certain 
activated carbon from China would be likely to lead to continuation or 
recurrence of material injury. Pursuant to the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission.

DATES: Instituted February 1, 2018. To be assured of consideration, the 
deadline for responses is March 5, 2018. Comments on the adequacy of 
responses may be filed with the Commission by April 16, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
https://www.usitc.gov. The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On April 27, 2007, the Department of Commerce issued 
an antidumping duty order on imports of certain activated carbon from 
China (72 FR 20988). Following the first five-year reviews by Commerce 
and the Commission, effective March 18, 2013, Commerce issued a 
continuation of the antidumping duty order on imports of certain 
activated carbon from China (78 FR 16654). The Commission is now 
conducting a second 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

[[Page 4682]]

domestic industry within a reasonably foreseeable time. Provisions 
concerning the conduct of this proceeding may be found in the 
Commission's Rules of Practice and Procedure at 19 CFR parts 201, 
subparts A and B and 19 CFR part 207, subparts A and F. The Commission 
will assess the adequacy of interested party responses to this notice 
of institution to determine whether to conduct a full review or an 
expedited review. The Commission's determination in any expedited 
review will be based on the facts available, which may include 
information provided in response to this notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and its full first five-year review determination, the 
Commission defined the Domestic Like Product to be certain activated 
carbon, coextensive with Commerce's scope of the investigation.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission defined the Domestic Industry as all known producers of 
certain activated carbon, with the exception of one firm, California 
Carbon, which was excluded pursuant to the related parties provision. 
In the full first five-year review, the Commission defined the Domestic 
Industry as all known producers of certain activated carbon.
    (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, Deputy Agency Ethics Official, 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 March 5, 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 April 16, 2018. All written submissions must conform 
with the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's Handbook on E-Filing, available on the Commission's 
website at https://edis.usitc.gov, elaborates upon the Commission's 
rules with respect to electronic filing. Also, in accordance with 
sections 201.16(c) and 207.3 of the Commission's rules, each document 
filed by a party to the proceeding must be served on all other parties 
to the proceeding (as identified by either the public or APO service 
list as appropriate), and a certificate of service must accompany the 
document (if you are not a party to the proceeding you do not need to 
serve your response).
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 18-5-403, 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.

[[Page 4683]]

    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 2011.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2017, except as noted (report quantity 
data in pounds and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2017 (report quantity data in pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
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 pounds 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

[[Page 4684]]

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 2011, 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: January 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01342 Filed 1-31-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices                                           4681

                                                transfers of the Domestic Like Product                  operating conditions (using equipment                 INTERNATIONAL TRADE
                                                produced in your U.S. plant(s); and                     and machinery in place and ready to                   COMMISSION
                                                   (e) the value of (i) net sales, (ii) cost            operate), normal operating levels (hours
                                                of goods sold (COGS), (iii) gross profit,                                                                     [Investigation No. 731–TA–1103 (Second
                                                                                                        per week/weeks per year), time for                    Review)]
                                                (iv) selling, general and administrative                downtime, maintenance, repair, and
                                                (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              Certain Activated Carbon From China;
                                                income of the Domestic Like Product                     product mix); and                                     Institution of a Five-Year Review
                                                produced in your U.S. plant(s) (include
                                                both U.S. and export commercial sales,                     (c) the quantity and value of your                 AGENCY: United States International
                                                internal consumption, and company                       firm’s(s’) exports to the United States of            Trade Commission.
                                                transfers) for your most recently                       Subject Merchandise and, if known, an                 ACTION: Notice.
                                                completed fiscal year (identify the date                estimate of the percentage of total
                                                on which your fiscal year ends).                        exports to the United States of Subject               SUMMARY:    The Commission hereby gives
                                                   (10) If you are a U.S. importer or a                 Merchandise from the Subject Country                  notice that it has instituted a review
                                                trade/business association of U.S.                      accounted for by your firm’s(s’) exports.             pursuant to the Tariff Act of 1930 (‘‘the
                                                importers of the Subject Merchandise                       (12) Identify significant changes, if              Act’’), as amended, to determine
                                                from the Subject Country, provide the                                                                         whether revocation of the antidumping
                                                                                                        any, in the supply and demand
                                                following information on your firm’s(s’)                                                                      duty order on certain activated carbon
                                                                                                        conditions or business cycle for the
                                                operations on that product during                                                                             from China would be likely to lead to
                                                calendar year 2017 (report quantity data                Domestic Like Product that have                       continuation or recurrence of material
                                                in pieces and value data in U.S. dollars).              occurred in the United States or in the               injury. Pursuant to the Act, interested
                                                If you are a trade/business association,                market for the Subject Merchandise in                 parties are requested to respond to this
                                                provide the information, on an aggregate                the Subject Country after 2011, and                   notice by submitting the information
                                                basis, for the firms which are members                  significant changes, if any, that are                 specified below to the Commission.
                                                of your association.                                    likely to occur within a reasonably                   DATES: Instituted February 1, 2018. To
                                                   (a) The quantity and value (landed,                  foreseeable time. Supply conditions to                be assured of consideration, the
                                                duty-paid but not including                             consider include technology;                          deadline for responses is March 5, 2018.
                                                antidumping duties) of U.S. imports                     production methods; development                       Comments on the adequacy of responses
                                                and, if known, an estimate of the                       efforts; ability to increase production               may be filed with the Commission by
                                                percentage of total U.S. imports of                     (including the shift of production                    April 16, 2018.
                                                Subject Merchandise from the Subject                    facilities used for other products and the            FOR FURTHER INFORMATION CONTACT:
                                                Country accounted for by your firm’s(s’)                use, cost, or availability of major inputs            Mary Messer (202–205–3193), Office of
                                                imports;                                                into production); and factors related to              Investigations, U.S. International Trade
                                                   (b) the quantity and value (f.o.b. U.S.              the ability to shift supply among                     Commission, 500 E Street SW,
                                                port, including antidumping duties) of                  different national markets (including                 Washington, DC 20436. Hearing-
                                                U.S. commercial shipments of Subject                    barriers to importation in foreign                    impaired persons can obtain
                                                Merchandise imported from the Subject                   markets or changes in market demand                   information on this matter by contacting
                                                Country; and                                            abroad). Demand conditions to consider
                                                   (c) the quantity and value (f.o.b. U.S.                                                                    the Commission’s TDD terminal on 202–
                                                port, including antidumping duties) of                  include end uses and applications; the                205–1810. Persons with mobility
                                                U.S. internal consumption/company                       existence and availability of substitute              impairments who will need special
                                                transfers of Subject Merchandise                        products; and the level of competition                assistance in gaining access to the
                                                imported from the Subject Country.                      among the Domestic Like Product                       Commission should contact the Office
                                                   (11) If you are a producer, an exporter,             produced in the United States, Subject                of the Secretary at 202–205–2000.
                                                or a trade/business association of                      Merchandise produced in the Subject                   General information concerning the
                                                producers or exporters of the Subject                   Country, and such merchandise from                    Commission may also be obtained by
                                                Merchandise in the Subject Country,                     other countries.                                      accessing its internet server https://
                                                provide the following information on                                                                          www.usitc.gov. The public record for
                                                                                                           (13) (OPTIONAL) A statement of                     this proceeding may be viewed on the
                                                your firm’s(s’) operations on that                      whether you agree with the above
                                                product during calendar year 2017                                                                             Commission’s electronic docket (EDIS)
                                                                                                        definitions of the Domestic Like Product              at https://edis.usitc.gov.
                                                (report quantity data in pieces and value               and Domestic Industry; if you disagree
                                                data in U.S. dollars, landed and duty-                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                        with either or both of these definitions,                Background.—On April 27, 2007, the
                                                paid at the U.S. port but not including
                                                                                                        please explain why and provide                        Department of Commerce issued an
                                                antidumping duties). If you are a trade/
                                                                                                        alternative definitions.                              antidumping duty order on imports of
                                                business association, provide the
                                                information, on an aggregate basis, for                   Authority: This proceeding is being                 certain activated carbon from China (72
                                                the firms which are members of your                     conducted under authority of title VII of the         FR 20988). Following the first five-year
                                                association.                                            Tariff Act of 1930; this notice is published          reviews by Commerce and the
                                                   (a) Production (quantity) and, if                    pursuant to section 207.61 of the                     Commission, effective March 18, 2013,
                                                known, an estimate of the percentage of                 Commission’s rules.                                   Commerce issued a continuation of the
                                                total production of Subject Merchandise                   By order of the Commission.                         antidumping duty order on imports of
                                                                                                                                                              certain activated carbon from China (78
sradovich on DSK3GMQ082PROD with NOTICES




                                                in the Subject Country accounted for by                   Issued: January 19, 2018.
                                                your firm’s(s’) production;                                                                                   FR 16654). The Commission is now
                                                   (b) Capacity (quantity) of your firm(s)              Lisa R. Barton,                                       conducting a second review pursuant to
                                                to produce the Subject Merchandise in                   Secretary to the Commission.                          section 751(c) of the Act, as amended
                                                the Subject Country (that is, the level of              [FR Doc. 2018–01343 Filed 1–31–18; 8:45 am]           (19 U.S.C. 1675(c)), to determine
                                                production that your establishment(s)                   BILLING CODE 7020–02–P                                whether revocation of the order would
                                                could reasonably have expected to                                                                             be likely to lead to continuation or
                                                attain during the year, assuming normal                                                                       recurrence of material injury to the


                                           VerDate Sep<11>2014   19:34 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                                4682                         Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices

                                                domestic industry within a reasonably                   provided in section 201.11(b)(4) of the               submitted in response to this request for
                                                foreseeable time. Provisions concerning                 Commission’s rules, no later than 21                  information and throughout this
                                                the conduct of this proceeding may be                   days after publication of this notice in              proceeding or other proceeding may be
                                                found in the Commission’s Rules of                      the Federal Register. The Secretary will              disclosed to and used: (i) By the
                                                Practice and Procedure at 19 CFR parts                  maintain a public service list containing             Commission, its employees and Offices,
                                                201, subparts A and B and 19 CFR part                   the names and addresses of all persons,               and contract personnel (a) for
                                                207, subparts A and F. The Commission                   or their representatives, who are parties             developing or maintaining the records
                                                will assess the adequacy of interested                  to the proceeding.                                    of this or a related proceeding, or (b) in
                                                party responses to this notice of                          Former Commission employees who                    internal investigations, audits, reviews,
                                                institution to determine whether to                     are seeking to appear in Commission                   and evaluations relating to the
                                                conduct a full review or an expedited                   five-year reviews are advised that they               programs, personnel, and operations of
                                                review. The Commission’s                                may appear in a review even if they                   the Commission including under 5
                                                determination in any expedited review                   participated personally and                           U.S.C. Appendix 3; or (ii) by U.S.
                                                will be based on the facts available,                   substantially in the corresponding                    government employees and contract
                                                which may include information                           underlying original investigation or an               personnel, solely for cybersecurity
                                                provided in response to this notice.                    earlier review of the same underlying                 purposes. All contract personnel will
                                                   Definitions.—The following                           investigation. The Commission’s                       sign appropriate nondisclosure
                                                definitions apply to this review:                       designated agency ethics official has                 agreements.
                                                   (1) Subject Merchandise is the class or              advised that a five-year review is not the               Written submissions.—Pursuant to
                                                kind of merchandise that is within the                  same particular matter as the underlying              section 207.61 of the Commission’s
                                                scope of the five-year review, as defined               original investigation, and a five-year               rules, each interested party response to
                                                by the Department of Commerce.                          review is not the same particular matter              this notice must provide the information
                                                   (2) The Subject Country in this review               as an earlier review of the same                      specified below. The deadline for filing
                                                is China.                                               underlying investigation for purposes of              such responses is March 5, 2018.
                                                   (3) The Domestic Like Product is the                 18 U.S.C. 207, the post employment                    Pursuant to section 207.62(b) of the
                                                domestically produced product or                        statute for Federal employees, and                    Commission’s rules, eligible parties (as
                                                products which are like, or in the                      Commission rule 201.15(b) (19 CFR                     specified in Commission rule
                                                absence of like, most similar in                        201.15(b)), 79 FR 3246 (Jan. 17, 2014),               207.62(b)(1)) may also file comments
                                                characteristics and uses with, the                      73 FR 24609 (May 5, 2008).                            concerning the adequacy of responses to
                                                Subject Merchandise. In its original                    Consequently, former employees are not                the notice of institution and whether the
                                                determination and its full first five-year              required to seek Commission approval                  Commission should conduct an
                                                review determination, the Commission                    to appear in a review under Commission                expedited or full review. The deadline
                                                defined the Domestic Like Product to be                 rule 19 CFR 201.15, even if the                       for filing such comments is April 16,
                                                certain activated carbon, coextensive                   corresponding underlying original                     2018. All written submissions must
                                                with Commerce’s scope of the                            investigation or an earlier review of the             conform with the provisions of section
                                                investigation.                                          same underlying investigation was                     201.8 of the Commission’s rules; any
                                                   (4) The Domestic Industry is the U.S.                pending when they were Commission                     submissions that contain BPI must also
                                                producers as a whole of the Domestic                    employees. For further ethics advice on               conform with the requirements of
                                                Like Product, or those producers whose                  this matter, contact Charles Smith,                   sections 201.6, 207.3, and 207.7 of the
                                                collective output of the Domestic Like                  Deputy Agency Ethics Official, at 202–                Commission’s rules. The Commission’s
                                                Product constitutes a major proportion                  205–3408.                                             Handbook on E-Filing, available on the
                                                of the total domestic production of the                    Limited disclosure of business                     Commission’s website at https://
                                                product. In its original determination,                 proprietary information (BPI) under an                edis.usitc.gov, elaborates upon the
                                                the Commission defined the Domestic                     administrative protective order (APO)                 Commission’s rules with respect to
                                                Industry as all known producers of                      and APO service list.—Pursuant to                     electronic filing. Also, in accordance
                                                certain activated carbon, with the                      section 207.7(a) of the Commission’s                  with sections 201.16(c) and 207.3 of the
                                                exception of one firm, California                       rules, the Secretary will make BPI                    Commission’s rules, each document
                                                Carbon, which was excluded pursuant                     submitted in this proceeding available                filed by a party to the proceeding must
                                                to the related parties provision. In the                to authorized applicants under the APO                be served on all other parties to the
                                                full first five-year review, the                        issued in the proceeding, provided that               proceeding (as identified by either the
                                                Commission defined the Domestic                         the application is made no later than 21              public or APO service list as
                                                Industry as all known producers of                      days after publication of this notice in              appropriate), and a certificate of service
                                                certain activated carbon.                               the Federal Register. Authorized                      must accompany the document (if you
                                                   (5) An Importer is any person or firm                applicants must represent interested                  are not a party to the proceeding you do
                                                engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),             not need to serve your response).
                                                parent company or subsidiary, in                        who are parties to the proceeding. A                     No response to this request for
                                                importing the Subject Merchandise into                  separate service list will be maintained              information is required if a currently
                                                the United States from a foreign                        by the Secretary for those parties                    valid Office of Management and Budget
                                                manufacturer or through its selling                     authorized to receive BPI under the                   (‘‘OMB’’) number is not displayed; the
                                                agent.                                                  APO.                                                  OMB number is 3117 0016/USITC No.
                                                   Participation in the proceeding and                     Certification.—Pursuant to section                 18–5–403, expiration date June 30,
                                                public service list.—Persons, including                 207.3 of the Commission’s rules, any
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              2020. Public reporting burden for the
                                                industrial users of the Subject                         person submitting information to the                  request is estimated to average 15 hours
                                                Merchandise and, if the merchandise is                  Commission in connection with this                    per response. Please send comments
                                                sold at the retail level, representative                proceeding must certify that the                      regarding the accuracy of this burden
                                                consumer organizations, wishing to                      information is accurate and complete to               estimate to the Office of Investigations,
                                                participate in the proceeding as parties                the best of the submitter’s knowledge. In             U.S. International Trade Commission,
                                                must file an entry of appearance with                   making the certification, the submitter               500 E Street SW, Washington, DC
                                                the Secretary to the Commission, as                     will acknowledge that information                     20436.


                                           VerDate Sep<11>2014   19:34 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00053   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                                                             Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices                                            4683

                                                   Inability to provide requested                       known related parties and the nature of               internal consumption, and company
                                                information.—Pursuant to section                        the relationship as defined in section                transfers) for your most recently
                                                207.61(c) of the Commission’s rules, any                771(4)(B) of the Act (19 U.S.C.                       completed fiscal year (identify the date
                                                interested party that cannot furnish the                1677(4)(B)).                                          on which your fiscal year ends).
                                                information requested by this notice in                    (6) A list of all known and currently                 (10) If you are a U.S. importer or a
                                                the requested form and manner shall                     operating U.S. importers of the Subject               trade/business association of U.S.
                                                notify the Commission at the earliest                   Merchandise and producers of the                      importers of the Subject Merchandise
                                                possible time, provide a full explanation               Subject Merchandise in the Subject                    from the Subject Country, provide the
                                                of why it cannot provide the requested                  Country that currently export or have                 following information on your firm’s(s’)
                                                information, and indicate alternative                   exported Subject Merchandise to the                   operations on that product during
                                                forms in which it can provide                           United States or other countries after                calendar year 2017 (report quantity data
                                                equivalent information. If an interested                2011.                                                 in pounds and value data in U.S.
                                                party does not provide this notification                   (7) A list of 3–5 leading purchasers in            dollars). If you are a trade/business
                                                (or the Commission finds the                            the U.S. market for the Domestic Like                 association, provide the information, on
                                                explanation provided in the notification                Product and the Subject Merchandise                   an aggregate basis, for the firms which
                                                inadequate) and fails to provide a                      (including street address, World Wide                 are members of your association.
                                                complete response to this notice, the                   Web address, and the name, telephone                     (a) The quantity and value (landed,
                                                Commission may take an adverse                          number, fax number, and Email address                 duty-paid but not including
                                                inference against the party pursuant to                 of a responsible official at each firm).              antidumping duties) of U.S. imports
                                                section 776(b) of the Act (19 U.S.C.                       (8) A list of known sources of                     and, if known, an estimate of the
                                                1677e(b)) in making its determination in                information on national or regional                   percentage of total U.S. imports of
                                                the review.                                             prices for the Domestic Like Product or               Subject Merchandise from the Subject
                                                   Information to Be Provided in                        the Subject Merchandise in the U.S. or                Country accounted for by your firm’s(s’)
                                                Response to This Notice of Institution:                 other markets.                                        imports;
                                                As used below, the term ‘‘firm’’ includes                  (9) If you are a U.S. producer of the                 (b) the quantity and value (f.o.b. U.S.
                                                any related firms.                                      Domestic Like Product, provide the                    port, including antidumping duties) of
                                                   (1) The name and address of your firm                following information on your firm’s                  U.S. commercial shipments of Subject
                                                or entity (including World Wide Web                     operations on that product during                     Merchandise imported from the Subject
                                                address) and name, telephone number,                    calendar year 2017, except as noted                   Country; and
                                                fax number, and Email address of the                    (report quantity data in pounds and                      (c) the quantity and value (f.o.b. U.S.
                                                certifying official.                                    value data in U.S. dollars, f.o.b. plant).            port, including antidumping duties) of
                                                   (2) A statement indicating whether                   If you are a union/worker group or                    U.S. internal consumption/company
                                                your firm/entity is an interested party                 trade/business association, provide the               transfers of Subject Merchandise
                                                under 19 U.S.C. 1677(9) and if so, how,                 information, on an aggregate basis, for               imported from the Subject Country.
                                                including whether your firm/entity is a                 the firms in which your workers are                      (11) If you are a producer, an exporter,
                                                U.S. producer of the Domestic Like                      employed/which are members of your                    or a trade/business association of
                                                Product, a U.S. union or worker group,                  association.                                          producers or exporters of the Subject
                                                a U.S. importer of the Subject                             (a) Production (quantity) and, if                  Merchandise in the Subject Country,
                                                Merchandise, a foreign producer or                      known, an estimate of the percentage of               provide the following information on
                                                exporter of the Subject Merchandise, a                  total U.S. production of the Domestic                 your firm’s(s’) operations on that
                                                U.S. or foreign trade or business                       Like Product accounted for by your                    product during calendar year 2017
                                                association (a majority of whose                        firm’s(s’) production;                                (report quantity data in pounds and
                                                members are interested parties under                       (b) Capacity (quantity) of your firm to            value data in U.S. dollars, landed and
                                                the statute), or another interested party               produce the Domestic Like Product (that               duty-paid at the U.S. port but not
                                                (including an explanation). If you are a                is, the level of production that your                 including antidumping duties). If you
                                                union/worker group or trade/business                    establishment(s) could reasonably have                are a trade/business association, provide
                                                association, identify the firms in which                expected to attain during the year,                   the information, on an aggregate basis,
                                                your workers are employed or which are                  assuming normal operating conditions                  for the firms which are members of your
                                                members of your association.                            (using equipment and machinery in                     association.
                                                   (3) A statement indicating whether                   place and ready to operate), normal                      (a) Production (quantity) and, if
                                                your firm/entity is willing to participate              operating levels (hours per week/weeks                known, an estimate of the percentage of
                                                in this proceeding by providing                         per year), time for downtime,                         total production of Subject Merchandise
                                                information requested by the                            maintenance, repair, and cleanup, and a               in the Subject Country accounted for by
                                                Commission.                                             typical or representative product mix);               your firm’s(s’) production;
                                                   (4) A statement of the likely effects of                (c) the quantity and value of U.S.                    (b) Capacity (quantity) of your firm(s)
                                                the revocation of the antidumping duty                  commercial shipments of the Domestic                  to produce the Subject Merchandise in
                                                order on the Domestic Industry in                       Like Product produced in your U.S.                    the Subject Country (that is, the level of
                                                general and/or your firm/entity                         plant(s);                                             production that your establishment(s)
                                                specifically. In your response, please                     (d) the quantity and value of U.S.                 could reasonably have expected to
                                                discuss the various factors specified in                internal consumption/company                          attain during the year, assuming normal
                                                section 752(a) of the Act (19 U.S.C.                    transfers of the Domestic Like Product                operating conditions (using equipment
sradovich on DSK3GMQ082PROD with NOTICES




                                                1675a(a)) including the likely volume of                produced in your U.S. plant(s); and                   and machinery in place and ready to
                                                subject imports, likely price effects of                   (e) the value of (i) net sales, (ii) cost          operate), normal operating levels (hours
                                                subject imports, and likely impact of                   of goods sold (COGS), (iii) gross profit,             per week/weeks per year), time for
                                                imports of Subject Merchandise on the                   (iv) selling, general and administrative              downtime, maintenance, repair, and
                                                Domestic Industry.                                      (SG&A) expenses, and (v) operating                    cleanup, and a typical or representative
                                                   (5) A list of all known and currently                income of the Domestic Like Product                   product mix); and
                                                operating U.S. producers of the                         produced in your U.S. plant(s) (include                  (c) the quantity and value of your
                                                Domestic Like Product. Identify any                     both U.S. and export commercial sales,                firm’s(s’) exports to the United States of


                                           VerDate Sep<11>2014   19:34 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1


                                                4684                         Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices

                                                Subject Merchandise and, if known, an                   ACTION:   Notice.                                     (19 CFR part 201), and part 207,
                                                estimate of the percentage of total                                                                           subparts A and B (19 CFR part 207).
                                                exports to the United States of Subject                 SUMMARY:    The Commission hereby gives                  Participation in the investigations and
                                                Merchandise from the Subject Country                    notice of the institution of investigations           public service list.—Persons (other than
                                                accounted for by your firm’s(s’) exports.               and commencement of preliminary                       petitioners) wishing to participate in the
                                                   (12) Identify significant changes, if                phase antidumping and countervailing                  investigations as parties must file an
                                                any, in the supply and demand                           duty investigation Nos. 701–TA–597                    entry of appearance with the Secretary
                                                conditions or business cycle for the                    and 731–TA–1407 (Preliminary)                         to the Commission, as provided in
                                                Domestic Like Product that have                         pursuant to the Tariff Act of 1930 (‘‘the             sections 201.11 and 207.10 of the
                                                occurred in the United States or in the                 Act’’) to determine whether there is a                Commission’s rules, not later than seven
                                                market for the Subject Merchandise in                   reasonable indication that an industry                days after publication of this notice in
                                                the Subject Country after 2011, and                     in the United States is materially                    the Federal Register. Industrial users
                                                significant changes, if any, that are                   injured or threatened with material                   and (if the merchandise under
                                                likely to occur within a reasonably                     injury, or the establishment of an                    investigation is sold at the retail level)
                                                foreseeable time. Supply conditions to                  industry in the United States is                      representative consumer organizations
                                                consider include technology;                            materially retarded, by reason of                     have the right to appear as parties in
                                                production methods; development                         imports of cast iron soil pipe from the               Commission antidumping duty and
                                                efforts; ability to increase production                 China, provided for in statistical                    countervailing duty investigations. The
                                                (including the shift of production                      reporting number 7303.00.0030 of the                  Secretary will prepare a public service
                                                facilities used for other products and the              Harmonized Tariff Schedule of the                     list containing the names and addresses
                                                use, cost, or availability of major inputs              United States, that are alleged to be sold            of all persons, or their representatives,
                                                into production); and factors related to                in the United States at less than fair                who are parties to these investigations
                                                the ability to shift supply among                       value and alleged to be subsidized by                 upon the expiration of the period for
                                                different national markets (including                   the Government of China. Unless the                   filing entries of appearance.
                                                barriers to importation in foreign                      Department of Commerce extends the                       Limited disclosure of business
                                                markets or changes in market demand                     time for initiation, the Commission                   proprietary information (BPI) under an
                                                abroad). Demand conditions to consider                  must reach a preliminary determination                administrative protective order (APO)
                                                include end uses and applications; the                  in antidumping and countervailing duty                and BPI service list.—Pursuant to
                                                existence and availability of substitute                investigations in 45 days, or in this case            section 207.7(a) of the Commission’s
                                                products; and the level of competition                  by March 12, 2018. The Commission’s                   rules, the Secretary will make BPI
                                                among the Domestic Like Product                         views must be transmitted to Commerce                 gathered in these investigations
                                                produced in the United States, Subject                  within five business days thereafter, or              available to authorized applicants
                                                Merchandise produced in the Subject                     by March 19, 2018.                                    representing interested parties (as
                                                Country, and such merchandise from                                                                            defined in 19 U.S.C. 1677(9)) who are
                                                                                                        DATES:   January 26, 2018.                            parties to the investigations under the
                                                other countries.
                                                   (13) (OPTIONAL) A statement of                       FOR FURTHER INFORMATION CONTACT:                      APO issued in the investigations,
                                                whether you agree with the above                        Amelia Shister (202) 205–2047), Office                provided that the application is made
                                                                                                        of Investigations, U.S. International                 not later than seven days after the
                                                definitions of the Domestic Like Product
                                                                                                        Trade Commission, 500 E Street SW,                    publication of this notice in the Federal
                                                and Domestic Industry; if you disagree
                                                                                                        Washington, DC 20436. Hearing-                        Register. A separate service list will be
                                                with either or both of these definitions,
                                                                                                        impaired persons can obtain                           maintained by the Secretary for those
                                                please explain why and provide
                                                                                                        information on this matter by contacting              parties authorized to receive BPI under
                                                alternative definitions.
                                                                                                        the Commission’s TDD terminal on 202–                 the APO.
                                                  Authority: This proceeding is being                   205–1810. Persons with mobility                          Conference.—The Commission’s
                                                conducted under authority of title VII of the                                                                 Director of Investigations has scheduled
                                                                                                        impairments who will need special
                                                Tariff Act of 1930; this notice is published                                                                  a conference in connection with these
                                                pursuant to section 207.61 of the                       assistance in gaining access to the
                                                                                                        Commission should contact the Office                  investigations for 9:30 a.m. on Friday,
                                                Commission’s rules.
                                                                                                        of the Secretary at 202–205–2000.                     February 16, 2018, at the U.S.
                                                  By order of the Commission.                                                                                 International Trade Commission
                                                                                                        General information concerning the
                                                  Issued: January 19, 2018.                             Commission may also be obtained by                    Building, 500 E Street SW, Washington,
                                                Lisa R. Barton,                                         accessing its internet server https://                DC. Requests to appear at the conference
                                                Secretary to the Commission.                            www.usitc.gov. The public record for                  should be emailed to preliminary
                                                [FR Doc. 2018–01342 Filed 1–31–18; 8:45 am]             these investigations may be viewed on                 conferences@usitc.gov (DO NOT FILE
                                                BILLING CODE 7020–02–P                                  the Commission’s electronic docket                    ON EDIS) on or before February 14,
                                                                                                        (EDIS) at https://edis.usitc.gov.                     2018. Parties in support of the
                                                                                                                                                              imposition of countervailing and
                                                                                                        SUPPLEMENTARY INFORMATION:                            antidumping duties in these
                                                INTERNATIONAL TRADE
                                                COMMISSION                                                Background.—These investigations                    investigations and parties in opposition
                                                                                                        are being instituted, pursuant to                     to the imposition of such duties will
                                                [Investigation Nos. 701–TA–597 and 731–                 sections 703(a) and 733(a) of the Tariff              each be collectively allocated one hour
                                                TA–1407 (Preliminary)]                                  Act of 1930 (19 U.S.C. 1671b(a) and                   within which to make an oral
                                                                                                        1673b(a)), in response to a petition filed
sradovich on DSK3GMQ082PROD with NOTICES




                                                Cast Iron Soil Pipe From China;                                                                               presentation at the conference. A
                                                                                                        on January 26, 2018, by the Cast Iron                 nonparty who has testimony that may
                                                Institution of Antidumping and                          Soil Pipe Institute, Mundelein, Illinois.
                                                Countervailing Duty Investigations and                                                                        aid the Commission’s deliberations may
                                                Scheduling of Preliminary Phase                           For further information concerning                  request permission to present a short
                                                Investigations                                          the conduct of these investigations and               statement at the conference.
                                                                                                        rules of general application, consult the                Written submissions.—As provided in
                                                AGENCY: United States International                     Commission’s Rules of Practice and                    sections 201.8 and 207.15 of the
                                                Trade Commission.                                       Procedure, part 201, subparts A and B                 Commission’s rules, any person may


                                           VerDate Sep<11>2014   19:34 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\01FEN1.SGM   01FEN1



Document Created: 2018-10-26 13:46:08
Document Modified: 2018-10-26 13:46:08
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 February 1, 2018. To be assured of consideration, the deadline for responses is March 5, 2018. Comments on the adequacy of responses may be filed with the Commission by April 16, 2018.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server https://www.usitc.gov. The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation83 FR 4681 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR