83_FR_55148 83 FR 54936 - Circular Welded Carbon-Quality Steel Pipe From China; Institution of Five-Year Reviews

83 FR 54936 - Circular Welded Carbon-Quality Steel Pipe From China; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 212 (November 1, 2018)

Page Range54936-54939
FR Document2018-23851

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping and countervailing duty orders on circular welded carbon-quality steel pipe 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 212 (Thursday, November 1, 2018)
[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Pages 54936-54939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23851]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-447 and 731-TA-1116 (Second Review)]


Circular Welded Carbon-Quality Steel Pipe From China; Institution 
of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping and countervailing 
duty orders on circular welded carbon-quality steel pipe 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 November 1, 2018. To be assured of consideration, the 
deadline for responses is December 3, 2018. Comments on the adequacy of 
responses may be filed with the Commission by January 14, 2019.

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

SUPPLEMENTARY INFORMATION: 
    Background.--On July 22, 2008, the Department of Commerce 
(``Commerce'') issued antidumping and countervailing duty orders on 
imports of circular welded carbon-quality steel pipe from China (73 FR 
42545-42549). Following the first five-year reviews by Commerce and the 
Commission, effective December 4, 2013, Commerce issued a continuation 
of the antidumping and countervailing duty orders on imports of 
circular welded carbon-quality steel pipe from China (78 FR 72863). The 
Commission is now conducting second reviews pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full or expedited reviews. The Commission's determinations in 
any expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Country in these reviews 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 
determinations and its expedited first five-year review determinations, 
the Commission defined the Domestic Like Product as circular welded 
carbon quality steel line pipe, 16 inches or less in outside diameter, 
coextensive with Commerce's scope.

[[Page 54937]]

    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations and 
its first five-year review determinations, the Commission defined the 
Domestic Industry as all producers of the Domestic Like Product.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is December 3, 2018. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is January 14, 2019. 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. 18-5-414, expiration 
date June 30, 2020. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose

[[Page 54938]]

members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 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 an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from 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 or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in 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

[[Page 54939]]

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: October 26, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-23851 Filed 10-31-18; 8:45 am]
 BILLING CODE 7020-02-P



                                               54936                      Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices

                                                 (2) Evaluate the accuracy of the                      8 U.S.C. 1101 and 1184 to confirm that                Commission should contact the Office
                                               agencies’ estimate of the burden of the                 the F, J or M nonimmigrant is eligible                of the Secretary at 202–205–2000.
                                               proposed collection of information,                     for admission into the United States.                 General information concerning the
                                               including the validity of the                           The Form I–515A enables CBP to avoid                  Commission may also be obtained by
                                               methodology and assumptions used;                       having to deny entry into the United                  accessing its internet server https://
                                                 (3) Enhance the quality, utility, and                 States to an otherwise eligible F, J or M             www.usitc.gov. The public record for
                                               clarity of the information to be                        nonimmigrant.                                         this proceeding may be viewed on the
                                               collected; and                                            (5) An estimate of the total number of              Commission’s electronic docket (EDIS)
                                                 (4) Minimize the burden of the                        respondents and the amount of time                    at https://edis.usitc.gov.
                                               collection of information on those who                  estimated for an average respondent to                SUPPLEMENTARY INFORMATION:
                                               are to respond, including through the                   respond: 4,744 responses at 10 minutes                   Background.—On July 22, 2008, the
                                               use of appropriate automated,                           (0.166 hours) per response.                           Department of Commerce (‘‘Commerce’’)
                                               electronic, mechanical, or other                          (6) An estimate of the total public                 issued antidumping and countervailing
                                               technological collection techniques or                  burden (in hours) associated with the                 duty orders on imports of circular
                                               other forms of information technology,                  collection: 788 annual burden hours.                  welded carbon-quality steel pipe from
                                               e.g., permitting electronic submission of
                                                                                                         Dated: October 29, 2018.                            China (73 FR 42545–42549). Following
                                               responses.
                                                                                                       Scott Elmore,                                         the first five-year reviews by Commerce
                                               Overview of This Information                            Program Manager, Forms Management Office,             and the Commission, effective
                                               Collection                                              Office of the Chief Information Officer, U.S.         December 4, 2013, Commerce issued a
                                                  (1) Type of Information Collection:                  Immigration and Customs Enforcement,                  continuation of the antidumping and
                                               Extension, without change, of a                         Department of Homeland Security.                      countervailing duty orders on imports of
                                               currently approved information                          [FR Doc. 2018–23906 Filed 10–31–18; 8:45 am]          circular welded carbon-quality steel
                                               collection.                                             BILLING CODE 9111–28–P                                pipe from China (78 FR 72863). The
                                                  (2) Title of the Form/Collection:                                                                          Commission is now conducting second
                                               Notice to Student or Exchange Visitor.                                                                        reviews pursuant to section 751(c) of the
                                                  (3) Agency form number, if any, and                  INTERNATIONAL TRADE                                   Act, as amended (19 U.S.C. 1675(c)), to
                                               the applicable component of the                         COMMISSION                                            determine whether revocation of the
                                               Department of Homeland Security                                                                               orders would be likely to lead to
                                                                                                       [Investigation Nos. 701–TA–447 and 731–               continuation or recurrence of material
                                               sponsoring the collection: Form I–515A;                 TA–1116 (Second Review)]
                                               U.S. Immigration and Customs                                                                                  injury to the domestic industry within
                                               Enforcement.                                            Circular Welded Carbon-Quality Steel                  a reasonably foreseeable time.
                                                  (4) Affected public who will be asked                Pipe From China; Institution of Five-                 Provisions concerning the conduct of
                                               or required to respond, as well as a brief              Year Reviews                                          this proceeding may be found in the
                                               abstract: Primary: Individuals or                                                                             Commission’s Rules of Practice and
                                               Households. An academic                                 AGENCY: United States International                   Procedure at 19 CFR parts 201, subparts
                                               nonimmigrant student (F–1), vocational                  Trade Commission.                                     A and B and 19 CFR part 207, subparts
                                               nonimmigrant student (M–1), exchange                    ACTION: Notice.                                       A and F. The Commission will assess
                                               visitor (J–1), or dependent (F–2, M–2 or                                                                      the adequacy of interested party
                                               J–2) seeking admission into the United                  SUMMARY:    The Commission hereby gives               responses to this notice of institution to
                                               States as a nonimmigrant under section                  notice that it has instituted reviews                 determine whether to conduct full or
                                               101(a)(15) of the Immigration and                       pursuant to the Tariff Act of 1930 (‘‘the             expedited reviews. The Commission’s
                                               Nationality Act (Act) is required to                    Act’’), as amended, to determine                      determinations in any expedited
                                               present certain documentation at the                    whether revocation of the antidumping                 reviews will be based on the facts
                                               port of entry. If the F, J or M                         and countervailing duty orders on                     available, which may include
                                               nonimmigrant is missing any piece of                    circular welded carbon-quality steel                  information provided in response to this
                                               this documentation, a Department of                     pipe from China would be likely to lead               notice.
                                               Homeland Security (DHS) Customs and                     to continuation or recurrence of material                Definitions.—The following
                                               Border Protection (CBP) officer at the                  injury. Pursuant to the Act, interested               definitions apply to these reviews:
                                               port of entry has discretion to issue the               parties are requested to respond to this                 (1) Subject Merchandise is the class or
                                               F, J or M nonimmigrant a Form I–515A,                   notice by submitting the information                  kind of merchandise that is within the
                                               Notice to Student or Exchange Visitor,                  specified below to the Commission.                    scope of the five-year reviews, as
                                               which allows the nonimmigrant                           DATES: Instituted November 1, 2018. To                defined by the Department of
                                               temporary entry into the United States                  be assured of consideration, the                      Commerce.
                                               for 30 days in order for the                            deadline for responses is December 3,                    (2) The Subject Country in these
                                               nonimmigrant to compile and submit                      2018. Comments on the adequacy of                     reviews is China.
                                               the documentation. The Form I–515A                      responses may be filed with the                          (3) The Domestic Like Product is the
                                               provides a list of the documentation the                Commission by January 14, 2019.                       domestically produced product or
                                               F, J or M nonimmigrant will need to                     FOR FURTHER INFORMATION CONTACT:                      products which are like, or in the
                                               provide to DHS. The F, J or M                           Mary Messer (202–205–3193), Office of                 absence of like, most similar in
                                               nonimmigrant must send the                              Investigations, U.S. International Trade              characteristics and uses with, the
                                               documentation to the Student and                        Commission, 500 E Street SW,                          Subject Merchandise. In its original
daltland on DSKBBV9HB2PROD with NOTICES




                                               Exchange Visitor Program (SEVP), an                     Washington, DC 20436. Hearing-                        determinations and its expedited first
                                               office of the DHS agency, U.S.                          impaired persons can obtain                           five-year review determinations, the
                                               Immigration and Customs Enforcement                     information on this matter by contacting              Commission defined the Domestic Like
                                               (ICE). SEVP must receive a complete                     the Commission’s TDD terminal on 202–                 Product as circular welded carbon
                                               response within 30 days of the F, J or                  205–1810. Persons with mobility                       quality steel line pipe, 16 inches or less
                                               M nonimmigrant’s admission. Form I–                     impairments who will need special                     in outside diameter, coextensive with
                                               515A collects information authorized by                 assistance in gaining access to the                   Commerce’s scope.


                                          VerDate Sep<11>2014   20:30 Oct 31, 2018   Jkt 247001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\01NON1.SGM   01NON1


                                                                          Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices                                            54937

                                                  (4) The Domestic Industry is the U.S.                   Limited disclosure of business                     website at https://edis.usitc.gov,
                                               producers as a whole of the Domestic                    proprietary information (BPI) under an                elaborates upon the Commission’s rules
                                               Like Product, or those producers whose                  administrative protective order (APO)                 with respect to electronic filing. Also, in
                                               collective output of the Domestic Like                  and APO service list.—Pursuant to                     accordance with sections 201.16(c) and
                                               Product constitutes a major proportion                  section 207.7(a) of the Commission’s                  207.3 of the Commission’s rules, each
                                               of the total domestic production of the                 rules, the Secretary will make BPI                    document filed by a party to the
                                               product. In its original determinations                 submitted in this proceeding available                proceeding must be served on all other
                                               and its first five-year review                          to authorized applicants under the APO                parties to the proceeding (as identified
                                               determinations, the Commission                          issued in the proceeding, provided that               by either the public or APO service list
                                               defined the Domestic Industry as all                    the application is made no later than 21              as appropriate), and a certificate of
                                               producers of the Domestic Like Product.                 days after publication of this notice in              service must accompany the document
                                                  (5) An Importer is any person or firm                the Federal Register. Authorized                      (if you are not a party to the proceeding
                                               engaged, either directly or through a                   applicants must represent interested                  you do not need to serve your response).
                                               parent company or subsidiary, in                        parties, as defined in 19 U.S.C. 1677(9),                No response to this request for
                                               importing the Subject Merchandise into                  who are parties to the proceeding. A                  information is required if a currently
                                               the United States from a foreign                        separate service list will be maintained              valid Office of Management and Budget
                                               manufacturer or through its selling                     by the Secretary for those parties                    (‘‘OMB’’) number is not displayed; the
                                               agent.                                                  authorized to receive BPI under the                   OMB number is 3117 0016/USITC No.
                                                  Participation in the proceeding and                  APO.                                                  18–5–414, expiration date June 30,
                                               public service list.—Persons, including                    Certification.—Pursuant to section                 2020. Public reporting burden for the
                                               industrial users of the Subject                         207.3 of the Commission’s rules, any                  request is estimated to average 15 hours
                                               Merchandise and, if the merchandise is                  person submitting information to the                  per response. Please send comments
                                               sold at the retail level, representative                Commission in connection with this                    regarding the accuracy of this burden
                                               consumer organizations, wishing to                      proceeding must certify that the                      estimate to the Office of Investigations,
                                                                                                       information is accurate and complete to               U.S. International Trade Commission,
                                               participate in the proceeding as parties
                                                                                                       the best of the submitter’s knowledge. In             500 E Street SW, Washington, DC
                                               must file an entry of appearance with
                                                                                                       making the certification, the submitter               20436.
                                               the Secretary to the Commission, as                                                                              Inability to provide requested
                                                                                                       will acknowledge that information
                                               provided in section 201.11(b)(4) of the                                                                       information.—Pursuant to section
                                                                                                       submitted in response to this request for
                                               Commission’s rules, no later than 21                                                                          207.61(c) of the Commission’s rules, any
                                                                                                       information and throughout this
                                               days after publication of this notice in                                                                      interested party that cannot furnish the
                                                                                                       proceeding or other proceeding may be
                                               the Federal Register. The Secretary will                                                                      information requested by this notice in
                                                                                                       disclosed to and used: (i) By the
                                               maintain a public service list containing                                                                     the requested form and manner shall
                                                                                                       Commission, its employees and Offices,
                                               the names and addresses of all persons,                                                                       notify the Commission at the earliest
                                                                                                       and contract personnel (a) for
                                               or their representatives, who are parties               developing or maintaining the records                 possible time, provide a full explanation
                                               to the proceeding.                                      of this or a related proceeding, or (b) in            of why it cannot provide the requested
                                                  Former Commission employees who                      internal investigations, audits, reviews,             information, and indicate alternative
                                               are seeking to appear in Commission                     and evaluations relating to the                       forms in which it can provide
                                               five-year reviews are advised that they                 programs, personnel, and operations of                equivalent information. If an interested
                                               may appear in a review even if they                     the Commission including under 5                      party does not provide this notification
                                               participated personally and                             U.S.C. Appendix 3; or (ii) by U.S.                    (or the Commission finds the
                                               substantially in the corresponding                      government employees and contract                     explanation provided in the notification
                                               underlying original investigation or an                 personnel, solely for cybersecurity                   inadequate) and fails to provide a
                                               earlier review of the same underlying                   purposes. All contract personnel will                 complete response to this notice, the
                                               investigation. The Commission’s                         sign appropriate nondisclosure                        Commission may take an adverse
                                               designated agency ethics official has                   agreements.                                           inference against the party pursuant to
                                               advised that a five-year review is not the                 Written submissions.—Pursuant to                   section 776(b) of the Act (19 U.S.C.
                                               same particular matter as the underlying                section 207.61 of the Commission’s                    1677e(b)) in making its determinations
                                               original investigation, and a five-year                 rules, each interested party response to              in the reviews.
                                               review is not the same particular matter                this notice must provide the information                 Information To Be Provided in
                                               as an earlier review of the same                        specified below. The deadline for filing              Response to This Notice of Institution:
                                               underlying investigation for purposes of                such responses is December 3, 2018.                   As used below, the term ‘‘firm’’ includes
                                               18 U.S.C. 207, the post employment                      Pursuant to section 207.62(b) of the                  any related firms.
                                               statute for Federal employees, and                      Commission’s rules, eligible parties (as                 (1) The name and address of your firm
                                               Commission rule 201.15(b) (19 CFR                       specified in Commission rule                          or entity (including World Wide Web
                                               201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 207.62(b)(1)) may also file comments                  address) and name, telephone number,
                                               73 FR 24609 (May 5, 2008).                              concerning the adequacy of responses to               fax number, and Email address of the
                                               Consequently, former employees are not                  the notice of institution and whether the             certifying official.
                                               required to seek Commission approval                    Commission should conduct expedited                      (2) A statement indicating whether
                                               to appear in a review under Commission                  or full reviews. The deadline for filing              your firm/entity is an interested party
                                               rule 19 CFR 201.15, even if the                         such comments is January 14, 2019. All                under 19 U.S.C. 1677(9) and if so, how,
                                               corresponding underlying original                       written submissions must conform with                 including whether your firm/entity is a
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                                               investigation or an earlier review of the               the provisions of section 201.8 of the                U.S. producer of the Domestic Like
                                               same underlying investigation was                       Commission’s rules; any submissions                   Product, a U.S. union or worker group,
                                               pending when they were Commission                       that contain BPI must also conform with               a U.S. importer of the Subject
                                               employees. For further ethics advice on                 the requirements of sections 201.6,                   Merchandise, a foreign producer or
                                               this matter, contact Charles Smith,                     207.3, and 207.7 of the Commission’s                  exporter of the Subject Merchandise, a
                                               Office of the General Counsel, at 202–                  rules. The Commission’s Handbook on                   U.S. or foreign trade or business
                                               205–3408.                                               E-Filing, available on the Commission’s               association (a majority of whose


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                                               54938                      Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices

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


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                                                                          Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices                                           54939

                                               with either or both of these definitions,                  Background.—On February 13, 2002,                  determined that there was a single
                                               please explain why and provide                          the Department of Commerce issued an                  Domestic Industry consisting of the sole
                                               alternative definitions.                                antidumping duty order on imports of                  domestic producer of low enriched
                                                 Authority: This proceeding is being                   low enriched uranium from France (67                  uranium at that time, USEC Inc.
                                               conducted under authority of title VII of the           FR 6680). Following the five-year                     (‘‘USEC’’). The Commission also
                                               Tariff Act of 1930; this notice is published            reviews by Commerce and the                           considered during its full first five-year
                                               pursuant to section 207.61 of the                       Commission, effective January 3, 2008,                review determination that the Domestic
                                               Commission’s rules.                                     Commerce issued a continuation of the                 Industry would include Louisiana
                                                 By order of the Commission.                           antidumping duty order on imports of                  Energy Services (‘‘LES’’) within a
                                                 Issued: October 26, 2018.                             low enriched uranium from France (73                  reasonably foreseeable time. In its full
                                                                                                       FR 449). Following the second five-year               second five-year review determination,
                                               Katherine Hiner,
                                                                                                       reviews by Commerce and the                           the Commission defined the Domestic
                                               Supervisory Attorney.                                   Commission, effective December 24,                    Industry to include LES and USEC, the
                                               [FR Doc. 2018–23851 Filed 10–31–18; 8:45 am]            2013, Commerce issued a continuation                  two entities that produced the Domestic
                                               BILLING CODE 7020–02–P                                  of the antidumping duty order on                      Like Product during the second five-year
                                                                                                       imports of low enriched uranium from                  review.
                                                                                                       France (78 FR 77650). The Commission                     (5) An Importer is any person or firm
                                               INTERNATIONAL TRADE                                     is now conducting a third five-year                   engaged, either directly or through a
                                               COMMISSION                                              review pursuant to section 751(c) of the              parent company or subsidiary, in
                                                                                                       Act, as amended (19 U.S.C. 1675(c)), to               importing the Subject Merchandise into
                                               [Investigation No. 731–TA–909 (Third                                                                          the United States from a foreign
                                                                                                       determine whether revocation of the
                                               Review)]
                                                                                                       order would be likely to lead to                      manufacturer or through its selling
                                               Low Enriched Uranium From France;                       continuation or recurrence of material                agent.
                                               Institution of a Five-Year Review                       injury to the domestic industry within                   Participation in the proceeding and
                                                                                                       a reasonably foreseeable time.                        public service list.—Persons, including
                                               AGENCY: United States International                     Provisions concerning the conduct of                  industrial users of the Subject
                                               Trade Commission.                                       this proceeding may be found in the                   Merchandise and, if the merchandise is
                                               ACTION: Notice.                                         Commission’s Rules of Practice and                    sold at the retail level, representative
                                                                                                       Procedure at 19 CFR parts 201, subparts               consumer organizations, wishing to
                                               SUMMARY:    The Commission hereby gives                 A and B and 19 CFR part 207, subparts                 participate in the proceeding as parties
                                               notice that it has instituted a review                  A and F. The Commission will assess                   must file an entry of appearance with
                                               pursuant to the Tariff Act of 1930 (‘‘the               the adequacy of interested party                      the Secretary to the Commission, as
                                               Act’’), as amended, to determine                        responses to this notice of institution to            provided in section 201.11(b)(4) of the
                                               whether revocation of the antidumping                   determine whether to conduct a full                   Commission’s rules, no later than 21
                                               duty order on low enriched uranium                      review or an expedited review. The                    days after publication of this notice in
                                               from France would be likely to lead to                  Commission’s determination in any                     the Federal Register. The Secretary will
                                               continuation or recurrence of material                  expedited review will be based on the                 maintain a public service list containing
                                               injury. Pursuant to the Act, interested                 facts available, which may include                    the names and addresses of all persons,
                                               parties are requested to respond to this                information provided in response to this              or their representatives, who are parties
                                               notice by submitting the information                    notice.                                               to the proceeding.
                                               specified below to the Commission.                         Definitions.—The following                            Former Commission employees who
                                               DATES: Instituted November 1, 2018. To                  definitions apply to this review:                     are seeking to appear in Commission
                                               be assured of consideration, the                           (1) Subject Merchandise is the class or            five-year reviews are advised that they
                                               deadline for responses is December 3,                   kind of merchandise that is within the                may appear in a review even if they
                                                                                                       scope of the five-year review, as defined             participated personally and
                                               2018. Comments on the adequacy of
                                                                                                       by the Department of Commerce.                        substantially in the corresponding
                                               responses may be filed with the
                                                                                                          (2) The Subject Country in this review             underlying original investigation or an
                                               Commission by January 14, 2019.
                                                                                                       is France.                                            earlier review of the same underlying
                                               FOR FURTHER INFORMATION CONTACT:                           (3) The Domestic Like Product is the               investigation. The Commission’s
                                               Mary Messer (202–205–3193), Office of                   domestically produced product or                      designated agency ethics official has
                                               Investigations, U.S. International Trade                products which are like, or in the                    advised that a five-year review is not the
                                               Commission, 500 E Street SW,                            absence of like, most similar in                      same particular matter as the underlying
                                               Washington, DC 20436. Hearing-                          characteristics and uses with, the                    original investigation, and a five-year
                                               impaired persons can obtain                             Subject Merchandise. In its original                  review is not the same particular matter
                                               information on this matter by contacting                determination and its full first and                  as an earlier review of the same
                                               the Commission’s TDD terminal on 202–                   second five-year review determinations,               underlying investigation for purposes of
                                               205–1810. Persons with mobility                         the Commission defined one Domestic                   18 U.S.C. 207, the post-employment
                                               impairments who will need special                       Like Product consisting of all low                    statute for Federal employees, and
                                               assistance in gaining access to the                     enriched uranium coextensive with                     Commission rule 201.15(b) (19 CFR
                                               Commission should contact the Office                    Commerce’s scope.                                     201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                               of the Secretary at 202–205–2000.                          (4) The Domestic Industry is the U.S.              73 FR 24609 (May 5, 2008).
                                               General information concerning the                      producers as a whole of the Domestic                  Consequently, former employees are not
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                                               Commission may also be obtained by                      Like Product, or those producers whose                required to seek Commission approval
                                               accessing its internet server https://                  collective output of the Domestic Like                to appear in a review under Commission
                                               www.usitc.gov. The public record for                    Product constitutes a major proportion                rule 19 CFR 201.15, even if the
                                               this proceeding may be viewed on the                    of the total domestic production of the               corresponding underlying original
                                               Commission’s electronic docket (EDIS)                   product. In its original determination                investigation or an earlier review of the
                                               at https://edis.usitc.gov.                              and its full first five-year review                   same underlying investigation was
                                               SUPPLEMENTARY INFORMATION:                              determination, the Commission                         pending when they were Commission


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Document Created: 2018-11-01 01:05:20
Document Modified: 2018-11-01 01:05:20
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 November 1, 2018. To be assured of consideration, the deadline for responses is December 3, 2018. Comments on the adequacy of responses may be filed with the Commission by January 14, 2019.
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 54936 

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