83_FR_62574 83 FR 62342 - Steel Nails From China; Institution of a Five-Year Review

83 FR 62342 - Steel Nails From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range62342-62345
FR Document2018-26136

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 steel nails 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 232 (Monday, December 3, 2018)
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62342-62345]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26136]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1114 (Second Review)]


Steel Nails 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 steel 
nails 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 December 3, 2018. To be assured of consideration, the 
deadline for responses is January 2, 2019. Comments on the adequacy of 
responses may be filed with the Commission by February 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

[[Page 62343]]

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 August 1, 2008, the Department of Commerce issued 
an antidumping duty order on imports of steel nails from China (73 FR 
44961). Following the first five-year reviews by Commerce and the 
Commission, effective January 10, 2014, Commerce issued a continuation 
of the antidumping duty order on imports of steel nails from China (79 
FR 1830). 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 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 expedited first five-year review determination, 
the Commission defined a single Domestic Like Product consisting of 
certain steel nails, coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission defined the Domestic Industry as producers of the Domestic 
Like Product, and it found appropriate circumstances to exclude three 
firms from the Domestic Industry as related parties (Senco, Specialty 
Fastening, and Stanley Fastening Systems, LP). In its expedited first 
five-year review determination, the Commission defined the Domestic 
Industry to include all domestic producers of steel nails.
    (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 January 2, 2019. 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 February 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

[[Page 62344]]

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. 18-5-416, expiration 
date June 30, 2020. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information To Be Provided in Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2012.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2017, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2017 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2017 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not

[[Page 62345]]

including antidumping duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2012, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.
    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: November 27, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26136 Filed 11-30-18; 8:45 am]
 BILLING CODE 7020-02-P



                                               62342                                 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices

                                               National Historic Preservation Act of                                       individuals and organizations, local                                       Type of Review: Extension of a
                                               1966 requires the Secretary of the                                          governments, and American Indian                                         currently approved collection.
                                               Interior to maintain and expand the                                         tribes often initiate this process and                                     Respondents/Affected Public:
                                               National Register, and to establish                                         prepare the necessary documentation.                                     Individuals, Private Sector, and
                                               criteria and guidelines for including                                       Regulations at 36 CFR 60 and 63                                          Government.
                                               properties on the National Register.                                        establish the criteria and guidelines for                                  Total Estimated Number of Annual
                                               National Register properties must be                                        listing and for determining the
                                                                                                                                                                                                    Respondents: 2,564.
                                               considered in the planning for Federal                                      eligibility of properties.
                                                                                                                              Title of Collection: Nomination of                                      Total Estimated Number of Annual
                                               or federally assisted projects, and listing                                                                                                          Responses: 8,443.
                                               in the National Register is required for                                    Properties for Listing in the National
                                                                                                                           Register of Historic Places, 36 CFR 60                                     Estimated Completion Time per
                                               eligibility for Federal rehabilitation tax
                                                                                                                           and 63.                                                                  Response: Varies from 6 hours to 250
                                               incentives. The NPS administers the                                            OMB Control Number: 1024–0018.                                        hours, depending on respondent and/or
                                               National Register. Nominations for                                             Form Numbers:                                                         activity.
                                               listing historic properties come from                                       • NPS Form 10–900 (National Register
                                               State Historic Preservation Officers                                                                                                                   Total Estimated Number of Annual
                                                                                                                              of Historic Places Registration Form)                                 Burden Hours: 226,672.
                                               (SHPO), from Federal Preservation                                           • NPS Form 10–900–a (National
                                               Officers (FPO), for properties owned or                                                                                                                Respondent’s Obligation: Required to
                                                                                                                              Register of Historic Places
                                               controlled by the United States                                                                                                                      Obtain Benefits.
                                                                                                                              Continuation Sheet) and
                                               Government, and from Tribal Historic                                        • NPS Form 10–900–b (National                                              Frequency of Collection: On occasion.
                                               Preservation Officers (THPO), for                                              Register of Historic Places Multiple                                    Total Estimated Annual Nonhour
                                               properties on tribal lands. Private                                            Property Documentation Form).                                         Burden Cost: None.

                                                                                                                                                                                                                       Estimated
                                                                                                                                                                                                      Annual            time per               Total annual
                                                                                                                 Activity                                                                           number of          response                burden hours
                                                                                                                                                                                                    responses            (hours)

                                               Preparation and Submission of Nomination Forms (individuals), NPS Forms 10–900, 10–
                                                 900–a, 10–900–b .....................................................................................................................                      90                        250            22,500
                                               Preparation and Submission of Nomination Forms (private sector), NPS Forms 10–900, 10–
                                                 900–a, 10–900–b .....................................................................................................................                          5                     250             1,250
                                               Preparation and Submission of Nomination Forms (govt), NPS Forms 10–900, 10–900–a,
                                                 10–900–b .................................................................................................................................                   5                       250             1,250
                                               Review of Nomination Forms and Submission to NPS (govt) ....................................................                                               1,282                         6             7,692
                                               National Register Nominations Prepared by Consultants (individuals), NPS Forms 10–900,
                                                 10–900–a .................................................................................................................................                635                       120             76,200
                                               Existing Multiple Property Submission by Consultants, NPS Forms 10–900, 10–900–a ...........                                                                 75                       100              7,500
                                               Newly Proposed MPS Cover Document Prepared by Consultants, NPS Forms 10–900–a,
                                                 10–900–b .................................................................................................................................                 36                        280            10,080
                                               New Nominations Prepared and Submitted by Consultants (individuals), NPS Forms 10–900,
                                                 10–900–a .................................................................................................................................                     1                    150                150
                                               National Register District Nominations Prepared by Consultants (govt), NPS Forms 10–900–
                                                 a, 10–900–b .............................................................................................................................                 435                        230           100,050

                                                     Total ......................................................................................................................................         2,564     ........................        226,672



                                                 An agency may not conduct or                                              INTERNATIONAL TRADE                                                      by submitting the information specified
                                               sponsor and a person is not required to                                     COMMISSION                                                               below to the Commission.
                                               respond to a collection of information                                                                                                               DATES: Instituted December 3, 2018. To
                                               unless it displays a currently valid OMB                                    [Investigation No. 731–TA–1114 (Second                                   be assured of consideration, the
                                               control number.                                                             Review)]                                                                 deadline for responses is January 2,
                                                 The authority for this action is the                                                                                                               2019. Comments on the adequacy of
                                                                                                                           Steel Nails From China; Institution of a                                 responses may be filed with the
                                               Paperwork Reduction Act of 1995 (44
                                                                                                                           Five-Year Review                                                         Commission by February 14, 2019.
                                               U.S.C. 3501 et seq.).
                                                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                               Phadrea D. Ponds,                                                           AGENCY: United States International                                      Mary Messer (202–205–3193), Office of
                                                                                                                           Trade Commission.                                                        Investigations, U.S. International Trade
                                               Acting NPS Information Collection Clearance
                                               Officer, National Park Service.                                             ACTION:       Notice.                                                    Commission, 500 E Street SW,
                                               [FR Doc. 2018–26141 Filed 11–30–18; 8:45 am]                                                                                                         Washington, DC 20436. Hearing-
                                                                                                                           SUMMARY:    The Commission hereby gives                                  impaired persons can obtain
                                               BILLING CODE 4312–52–P
                                                                                                                           notice that it has instituted a review                                   information on this matter by contacting
                                                                                                                           pursuant to the Tariff Act of 1930 (‘‘the
khammond on DSK30JT082PROD with NOTICES




                                                                                                                                                                                                    the Commission’s TDD terminal on 202–
                                                                                                                           Act’’), as amended, to determine                                         205–1810. Persons with mobility
                                                                                                                           whether revocation of the antidumping                                    impairments who will need special
                                                                                                                           duty order on steel nails from China                                     assistance in gaining access to the
                                                                                                                           would be likely to lead to continuation                                  Commission should contact the Office
                                                                                                                           or recurrence of material injury.                                        of the Secretary at 202–205–2000.
                                                                                                                           Pursuant to the Act, interested parties                                  General information concerning the
                                                                                                                           are requested to respond to this notice                                  Commission may also be obtained by


                                          VerDate Sep<11>2014         16:52 Nov 30, 2018          Jkt 247001       PO 00000       Frm 00053        Fmt 4703       Sfmt 4703        E:\FR\FM\03DEN1.SGM     03DEN1


                                                                           Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices                                            62343

                                               accessing its internet server (https://                 Like Product, and it found appropriate                and APO service list.—Pursuant to
                                               www.usitc.gov). The public record for                   circumstances to exclude three firms                  section 207.7(a) of the Commission’s
                                               this proceeding may be viewed on the                    from the Domestic Industry as related                 rules, the Secretary will make BPI
                                               Commission’s electronic docket (EDIS)                   parties (Senco, Specialty Fastening, and              submitted in this proceeding available
                                               at https://edis.usitc.gov.                              Stanley Fastening Systems, LP). In its                to authorized applicants under the APO
                                               SUPPLEMENTARY INFORMATION:                              expedited first five-year review                      issued in the proceeding, provided that
                                                  Background.— On August 1, 2008, the                  determination, the Commission defined                 the application is made no later than 21
                                               Department of Commerce issued an                        the Domestic Industry to include all                  days after publication of this notice in
                                               antidumping duty order on imports of                    domestic producers of steel nails.                    the Federal Register. Authorized
                                               steel nails from China (73 FR 44961).                      (5) An Importer is any person or firm              applicants must represent interested
                                               Following the first five-year reviews by                engaged, either directly or through a                 parties, as defined in 19 U.S.C. 1677(9),
                                               Commerce and the Commission,                            parent company or subsidiary, in                      who are parties to the proceeding. A
                                               effective January 10, 2014, Commerce                    importing the Subject Merchandise into                separate service list will be maintained
                                               issued a continuation of the                            the United States from a foreign                      by the Secretary for those parties
                                               antidumping duty order on imports of                    manufacturer or through its selling                   authorized to receive BPI under the
                                               steel nails from China (79 FR 1830). The                agent.                                                APO.
                                                                                                          Participation in the proceeding and                   Certification.—Pursuant to section
                                               Commission is now conducting a
                                                                                                       public service list.—Persons, including               207.3 of the Commission’s rules, any
                                               second review pursuant to section
                                                                                                       industrial users of the Subject                       person submitting information to the
                                               751(c) of the Act, as amended (19 U.S.C.
                                                                                                       Merchandise and, if the merchandise is                Commission in connection with this
                                               1675(c)), to determine whether
                                                                                                       sold at the retail level, representative              proceeding must certify that the
                                               revocation of the order would be likely                 consumer organizations, wishing to                    information is accurate and complete to
                                               to lead to continuation or recurrence of                participate in the proceeding as parties              the best of the submitter’s knowledge. In
                                               material injury to the domestic industry                must file an entry of appearance with                 making the certification, the submitter
                                               within a reasonably foreseeable time.                   the Secretary to the Commission, as                   will acknowledge that information
                                               Provisions concerning the conduct of                    provided in section 201.11(b)(4) of the               submitted in response to this request for
                                               this proceeding may be found in the                     Commission’s rules, no later than 21                  information and throughout this
                                               Commission’s Rules of Practice and                      days after publication of this notice in              proceeding or other proceeding may be
                                               Procedure at 19 CFR parts 201, subparts                 the Federal Register. The Secretary will              disclosed to and used: (i) By the
                                               A and B and 19 CFR part 207, subparts                   maintain a public service list containing             Commission, its employees and Offices,
                                               A and F. The Commission will assess                     the names and addresses of all persons,               and contract personnel (a) for
                                               the adequacy of interested party                        or their representatives, who are parties             developing or maintaining the records
                                               responses to this notice of institution to              to the proceeding.                                    of this or a related proceeding, or (b) in
                                               determine whether to conduct a full                        Former Commission employees who                    internal investigations, audits, reviews,
                                               review or an expedited review. The                      are seeking to appear in Commission                   and evaluations relating to the
                                               Commission’s determination in any                       five-year reviews are advised that they               programs, personnel, and operations of
                                               expedited review will be based on the                   may appear in a review even if they                   the Commission including under 5
                                               facts available, which may include                      participated personally and                           U.S.C. Appendix 3; or (ii) by U.S.
                                               information provided in response to this                substantially in the corresponding                    government employees and contract
                                               notice.                                                 underlying original investigation or an               personnel, solely for cybersecurity
                                                  Definitions.—The following                           earlier review of the same underlying                 purposes. All contract personnel will
                                               definitions apply to this review:                       investigation. The Commission’s                       sign appropriate nondisclosure
                                                  (1) Subject Merchandise is the class or              designated agency ethics official has                 agreements.
                                               kind of merchandise that is within the                  advised that a five-year review is not the               Written submissions.—Pursuant to
                                               scope of the five-year review, as defined               same particular matter as the underlying              section 207.61 of the Commission’s
                                               by the Department of Commerce.                          original investigation, and a five-year               rules, each interested party response to
                                                  (2) The Subject Country in this review               review is not the same particular matter              this notice must provide the information
                                               is China.                                               as an earlier review of the same                      specified below. The deadline for filing
                                                  (3) The Domestic Like Product is the                 underlying investigation for purposes of              such responses is January 2, 2019.
                                               domestically produced product or                        18 U.S.C. 207, the post employment                    Pursuant to section 207.62(b) of the
                                               products which are like, or in the                      statute for Federal employees, and                    Commission’s rules, eligible parties (as
                                               absence of like, most similar in                        Commission rule 201.15(b) (19 CFR                     specified in Commission rule
                                               characteristics and uses with, the                      201.15(b)), 79 FR 3246 (Jan. 17, 2014),               207.62(b)(1)) may also file comments
                                               Subject Merchandise. In its original                    73 FR 24609 (May 5, 2008).                            concerning the adequacy of responses to
                                               determination and its expedited first                   Consequently, former employees are not                the notice of institution and whether the
                                               five-year review determination, the                     required to seek Commission approval                  Commission should conduct an
                                               Commission defined a single Domestic                    to appear in a review under Commission                expedited or full review. The deadline
                                               Like Product consisting of certain steel                rule 19 CFR 201.15, even if the                       for filing such comments is February 14,
                                               nails, coextensive with Commerce’s                      corresponding underlying original                     2019. All written submissions must
                                               scope.                                                  investigation or an earlier review of the             conform with the provisions of section
                                                  (4) The Domestic Industry is the U.S.                same underlying investigation was                     201.8 of the Commission’s rules; any
                                               producers as a whole of the Domestic                                                                          submissions that contain BPI must also
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                                                                                                       pending when they were Commission
                                               Like Product, or those producers whose                  employees. For further ethics advice on               conform with the requirements of
                                               collective output of the Domestic Like                  this matter, contact Charles Smith,                   sections 201.6, 207.3, and 207.7 of the
                                               Product constitutes a major proportion                  Office of the General Counsel, at 202–                Commission’s rules. The Commission’s
                                               of the total domestic production of the                 205–3408.                                             Handbook on E-Filing, available on the
                                               product. In its original determination,                    Limited disclosure of business                     Commission’s website at https://
                                               the Commission defined the Domestic                     proprietary information (BPI) under an                edis.usitc.gov, elaborates upon the
                                               Industry as producers of the Domestic                   administrative protective order (APO)                 Commission’s rules with respect to


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                                               62344                       Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices

                                               electronic filing. Also, in accordance                  (including an explanation). If you are a              is, the level of production that your
                                               with sections 201.16(c) and 207.3 of the                union/worker group or trade/business                  establishment(s) could reasonably have
                                               Commission’s rules, each document                       association, identify the firms in which              expected to attain during the year,
                                               filed by a party to the proceeding must                 your workers are employed or which are                assuming normal operating conditions
                                               be served on all other parties to the                   members of your association.                          (using equipment and machinery in
                                               proceeding (as identified by either the                    (3) A statement indicating whether                 place and ready to operate), normal
                                               public or APO service list as                           your firm/entity is willing to participate            operating levels (hours per week/weeks
                                               appropriate), and a certificate of service              in this proceeding by providing                       per year), time for downtime,
                                               must accompany the document (if you                     information requested by the                          maintenance, repair, and cleanup, and a
                                               are not a party to the proceeding you do                Commission.                                           typical or representative product mix);
                                               not need to serve your response).                          (4) A statement of the likely effects of              (c) the quantity and value of U.S.
                                                  No response to this request for                      the revocation of the antidumping duty                commercial shipments of the Domestic
                                               information is required if a currently                  order on the Domestic Industry in                     Like Product produced in your U.S.
                                               valid Office of Management and Budget                   general and/or your firm/entity                       plant(s);
                                               (‘‘OMB’’) number is not displayed; the                  specifically. In your response, please                   (d) the quantity and value of U.S.
                                               OMB number is 3117 0016/USITC No.                       discuss the various factors specified in              internal consumption/company
                                               18–5–416, expiration date June 30,                      section 752(a) of the Act (19 U.S.C.                  transfers of the Domestic Like Product
                                               2020. Public reporting burden for the                   1675a(a)) including the likely volume of              produced in your U.S. plant(s); and
                                               request is estimated to average 15 hours                subject imports, likely price effects of                 (e) the value of (i) net sales, (ii) cost
                                               per response. Please send comments                      subject imports, and likely impact of                 of goods sold (COGS), (iii) gross profit,
                                               regarding the accuracy of this burden                   imports of Subject Merchandise on the                 (iv) selling, general and administrative
                                               estimate to the Office of Investigations,               Domestic Industry.                                    (SG&A) expenses, and (v) operating
                                               U.S. International Trade Commission,                       (5) A list of all known and currently              income of the Domestic Like Product
                                               500 E Street SW, Washington, DC                         operating U.S. producers of the                       produced in your U.S. plant(s) (include
                                               20436.                                                  Domestic Like Product. Identify any                   both U.S. and export commercial sales,
                                                  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                2012.                                                 in short tons 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 short tons 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,                                                                        producers or exporters of the Subject
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                                                                                                       association.
                                               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 short tons 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


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                                                                           Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices                                                 62345

                                               including antidumping duties). If you                   the Tariff Act of 1930; this notice is                23, 2018). The complaint alleges
                                               are a trade/business association, provide               published pursuant to section 207.61 of               violations of section 337 based upon the
                                               the information, on an aggregate basis,                 the Commission’s rules.                               importation into the United States, the
                                               for the firms which are members of your                   By order of the Commission.                         sale for importation, and the sale within
                                               association.                                              Issued: November 27, 2018.                          the United States after importation of
                                                  (a) Production (quantity) and, if                                                                          certain submarine telecommunication
                                                                                                       Lisa Barton,
                                               known, an estimate of the percentage of                                                                       systems and components thereof by
                                               total production of Subject Merchandise                 Secretary to the Commission.
                                                                                                                                                             reason of infringement of certain claims
                                               in the Subject Country accounted for by                 [FR Doc. 2018–26136 Filed 11–30–18; 8:45 am]
                                                                                                                                                             of U.S. Patent 8,244,131. The Notice of
                                               your firm’s(s’) production;                             BILLING CODE 7020–02–P
                                                                                                                                                             Institution named Xtera, Inc. of Allen,
                                                  (b) Capacity (quantity) of your firm(s)                                                                    Texas; MC Assembly, LLC of
                                               to produce the Subject Merchandise in                                                                         Melbourne, Florida; and MC Test
                                               the Subject Country (that is, the level of              INTERNATIONAL TRADE
                                                                                                                                                             Services, Inc. of Melbourne, Florida as
                                               production that your establishment(s)                   COMMISSION
                                                                                                                                                             respondents. The Office of Unfair
                                               could reasonably have expected to                       [Investigation No. 337–TA–1113]                       Import Investigations (‘‘OUII’’) was
                                               attain during the year, assuming normal                                                                       named as a party.
                                               operating conditions (using equipment                   Certain Submarine Telecommunication                      On October 26, 2018, complainants
                                               and machinery in place and ready to                     Systems and Components Thereof;                       filed a motion to withdraw the
                                               operate), normal operating levels (hours                Commission Determination Not To                       complaint and suspend the procedural
                                               per week/weeks per year), time for                      Review an Initial Determination                       schedule pending final termination of
                                               downtime, maintenance, repair, and                      Granting an Unopposed Motion To                       the investigation. OUII and respondents
                                               cleanup, and a typical or representative                Terminate the Investigation;                          did not oppose the motion.
                                               product mix); and                                       Termination of the Investigation                         On October 29, 2018, the ALJ issued
                                                  (c) the quantity and value of your                                                                         the subject ID (Order No. 19) granting
                                               firm’s(s’) exports to the United States of              AGENCY: U.S. International Trade
                                                                                                       Commission.                                           complainants’ motion. The ALJ found
                                               Subject Merchandise and, if known, an                                                                         that no extraordinary circumstances
                                               estimate of the percentage of total                     ACTION: Notice.
                                                                                                                                                             prevent the termination of the
                                               exports to the United States of Subject                 SUMMARY:   Notice is hereby given that                investigation. No petitions for review
                                               Merchandise from the Subject Country                                                                          were filed.
                                                                                                       the U.S. International Trade
                                               accounted for by your firm’s(s’) exports.                                                                        The Commission has determined not
                                                                                                       Commission has determined not to
                                                  (12) Identify significant changes, if
                                                                                                       review an initial determination (‘‘ID’’)              to review the ID. The investigation is
                                               any, in the supply and demand
                                                                                                       (Order No. 19) of the presiding                       terminated.
                                               conditions or business cycle for the
                                                                                                       administrative law judge (‘‘ALJ’’)                       The authority for the Commission’s
                                               Domestic Like Product that have
                                                                                                       granting an unopposed motion to                       determination is contained in section
                                               occurred in the United States or in the
                                               market for the Subject Merchandise in                   terminate the investigation based on                  337 of the Tariff Act of 1930, as
                                               the Subject Country after 2012, and                     withdrawal of the complaint.                          amended (19 U.S.C. 1337), and in part
                                               significant changes, if any, that are                   FOR FURTHER INFORMATION CONTACT:                      210 of the Commission’s Rules of
                                               likely to occur within a reasonably                     Amanda Pitcher Fisherow, Esq., Office                 Practice and Procedure (19 CFR part
                                               foreseeable time. Supply conditions to                  of the General Counsel, U.S.                          210).
                                               consider include technology;                            International Trade Commission, 500 E                   By order of the Commission.
                                               production methods; development                         Street SW, Washington, DC 20436,                        Issued: November 28, 2018.
                                               efforts; ability to increase production                 telephone (202) 205–2737. Copies of                   Lisa Barton,
                                               (including the shift of production                      non-confidential documents filed in
                                                                                                                                                             Secretary to the Commission.
                                               facilities used for other products and the              connection with this investigation are or
                                                                                                                                                             [FR Doc. 2018–26180 Filed 11–30–18; 8:45 am]
                                               use, cost, or availability of major inputs              will be available for inspection during
                                                                                                                                                             BILLING CODE 7020–02–P
                                               into production); and factors related to                official business hours (8:45 a.m. to 5:15
                                               the ability to shift supply among                       p.m.) in the Office of the Secretary, U.S.
                                               different national markets (including                   International Trade Commission, 500 E
                                                                                                                                                             INTERNATIONAL TRADE
                                               barriers to importation in foreign                      Street SW, Washington, DC 20436,
                                                                                                                                                             COMMISSION
                                               markets or changes in market demand                     telephone (202) 205–2000. General
                                               abroad). Demand conditions to consider                  information concerning the Commission                 [Investigation Nos. 701–TA–603–605 and
                                                                                                       may also be obtained by accessing its                 731–TA–1413–1415 (Final)]
                                               include end uses and applications; the
                                               existence and availability of substitute                internet server at https://www.usitc.gov.
                                                                                                       The public record for this investigation              Glycine From China, India, Japan, and
                                               products; and the level of competition                                                                        Thailand; Scheduling of the Final
                                               among the Domestic Like Product                         may be viewed on the Commission’s
                                                                                                       electronic docket (EDIS) at https://                  Phase of Countervailing Duty and Anti-
                                               produced in the United States, Subject                                                                        Dumping Duty Investigations
                                               Merchandise produced in the Subject                     edis.usitc.gov. Hearing-impaired
                                               Country, and such merchandise from                      persons are advised that information on               AGENCY: United States International
                                               other countries.                                        this matter can be obtained by                        Trade Commission.
                                                  (13) (OPTIONAL) A statement of                       contacting the Commission’s TDD                       ACTION: Notice.
                                                                                                       terminal on (202) 205–1810.
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                                               whether you agree with the above
                                               definitions of the Domestic Like Product                SUPPLEMENTARY INFORMATION: The                        SUMMARY:    The Commission hereby gives
                                               and Domestic Industry; if you disagree                  Commission instituted this investigation              notice of the scheduling of the final
                                               with either or both of these definitions,               on May 23, 2018, based on a complaint,                phase of antidumping and
                                               please explain why and provide                          filed on behalf of NEC Corporation of                 countervailing duty investigation Nos.
                                               alternative definitions.                                Tokyo, Japan and NEC Corporation of                   701–TA–603–605 and 731–TA–1413–
                                                  Authority: This proceeding is being                  America of Irving, Texas                              1415 (Final) pursuant to the Tariff Act
                                               conducted under authority of title VII of               (‘‘complainants’’). 83 FR 23936–37 (May               of 1930 (‘‘the Act’’) to determine


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Document Created: 2018-12-01 00:56:46
Document Modified: 2018-12-01 00:56:46
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 December 3, 2018. To be assured of consideration, the deadline for responses is January 2, 2019. Comments on the adequacy of responses may be filed with the Commission by February 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 62342 

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