Fresh and Chilled Atlantic Salmon From Norway, 5471-5473 [05-1944]
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices
submitted in document form directly to
its Office of the Secretary.
By order of the Commission.
Issued: January 27, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–1952 Filed 2–1–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigations Nos. 701–TA–302 and 731–
TA–454 (Second Review)]
Fresh and Chilled Atlantic Salmon
From Norway
United States International
Trade Commission.
ACTION: Institution of five-year reviews
concerning the countervailing duty and
antidumping duty orders on fresh and
chilled Atlantic salmon from Norway.
AGENCY:
SUMMARY: The Commission hereby gives
notice that it has instituted reviews
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the Act)
to determine whether revocation of the
countervailing duty and antidumping
duty orders on fresh and chilled
Atlantic salmon from Norway would be
likely to lead to continuation or
recurrence of material injury. Pursuant
to section 751(c)(2) of the Act, interested
parties are requested to respond to this
notice by submitting the information
specified below to the Commission; 1 to
be assured of consideration, the
deadline for responses is March 23,
2005. Comments on the adequacy of
responses may be filed with the
Commission by April 18, 2005. For
further information concerning the
conduct of these reviews and rules of
general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
EFFECTIVE DATES: February 2, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearing1 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. 05–5–109,
expiration date June 30, 2005. Public reporting
burden for the request is estimated to average 7
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.
VerDate jul<14>2003
14:19 Feb 01, 2005
Jkt 205001
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
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On April 12, 1991, the
Department of Commerce issued
countervailing duty and antidumping
duty orders on imports of fresh and
chilled Atlantic salmon from Norway
(56 FR 14920, 14921). Following fiveyear reviews by Commerce and the
Commission, effective March 13, 2000,
Commerce issued a continuation of the
countervailing duty and antidumping
duty orders on imports of fresh and
chilled Atlantic salmon from Norway
(65 FR 13358). The Commission is now
conducting second reviews 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. It will assess the
adequacy of interested party responses
to this notice of institution to determine
whether to conduct full reviews 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 Norway.
(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 expedited five-year
review determinations, the Commission
defined the Domestic Like Product as
fresh and chilled Atlantic salmon,
including salmon smolts.
(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
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5471
Product constitutes a major proportion
of the total domestic production of the
product. In its original determinations
and its expedited five-year review
determinations, the Commission
defined the Domestic Industry as all
domestic producers of fresh and chilled
Atlantic salmon, including salmon
smolts.
(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 reviews 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 reviews 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 reviews.
Former Commission employees who
are seeking to appear in Commission
five-year reviews are reminded that they
are required, pursuant to 19 CFR 201.15,
to seek Commission approval if the
matter in which they are seeking to
appear was pending in any manner or
form during their Commission
employment. The Commission is
seeking guidance as to whether a second
transition five-year review is the ‘‘same
particular matter’’ as the underlying
original investigation for purposes of 19
CFR 201.15 and 18 U.S.C. 207, the post
employment statute for Federal
employees. Former employees may seek
informal advice from Commission ethics
officials with respect to this and the
related issue of whether the employee’s
participation was ‘‘personal and
substantial.’’ However, any informal
consultation will not relieve former
employees of the obligation to seek
approval to appear from the
Commission under its rule 201.15. For
ethics advice, contact Carol McCue
Verratti, Deputy Agency Ethics Official,
at 202–205–3088.
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 these reviews available to
authorized applicants under the APO
E:\FR\FM\02FEN1.SGM
02FEN1
5472
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices
issued in the reviews, 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 reviews. 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 these
reviews must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will be deemed to consent, unless
otherwise specified, for the
Commission, its employees, and
contract personnel to use the
information provided in any other
reviews or investigations of the same or
comparable products which the
Commission conducts under Title VII of
the Act, or in internal audits and
investigations relating to the programs
and operations of the Commission
pursuant to 5 U.S.C. Appendix 3.
Written submissions.—Pursuant to
section 207.61 of the Commission’s
rules, each interested party response to
this notice must provide the information
specified below. The deadline for filing
such responses is March 23, 2005.
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 April 18, 2005. All
written submissions must conform with
the provisions of sections 201.8 and
207.3 of the Commission’s rules and any
submissions that contain BPI must also
conform with the requirements of
sections 201.6 and 207.7 of the
Commission’s rules. The Commission’s
rules do not authorize filing of
submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the Commission’s rules, as amended, 67
FR 68036 (November 8, 2002). Also, in
accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the reviews
must be served on all other parties to
the reviews (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 reviews you do not
need to serve your response).
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14:19 Feb 01, 2005
Jkt 205001
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 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 if available) and name,
telephone number, fax number, and Email address of the certifying official.
(2) A statement indicating 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, 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 these reviews by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the countervailing
duty and antidumping duty orders on
the Domestic Industry in general and/or
your firm/entity specifically. In your
response, please discuss the various
factors specified in section 752(a) of the
Act (19 U.S.C. 1675a(a)) including the
likely volume of subject imports, likely
price effects of subject imports, and
likely impact of imports of Subject
Merchandise on the Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
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Fmt 4703
Sfmt 4703
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
1998.
(7) 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 2004 (report quantity data
in pounds and value data in U.S.
dollars, f.o.b. plant). If you are a union/
worker group or trade/business
association, provide the information, on
an aggregate basis, for the firms in
which your workers are employed/
which are members of your association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Product accounted for by your
firm’s(s’) production;
(b) The quantity and value of U.S.
commercial shipments of the Domestic
Like Product produced in your U.S.
plant(s); and
(c) The quantity and value of U.S.
internal consumption/company
transfers of the Domestic Like Product
produced in your U.S. plant(s).
(8) 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 2004 (report quantity data
in pounds and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping 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.
(9) 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
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices
product during calendar year 2004
(report quantity data in pounds and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping 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; and
(b) 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.
(10) 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 1998, 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.
(11) (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: These reviews are 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.
Issued: January 21, 2005.
VerDate jul<14>2003
14:19 Feb 01, 2005
Jkt 205001
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–1944 Filed 2–1–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–459 (Second
Review)]
Polyethylene Terephthalate (PET) Film
From Korea
United States International
Trade Commission.
ACTION: Institution of a five-year review
concerning the antidumping duty order
on PET film from Korea.
AGENCY:
SUMMARY: The Commission hereby gives
notice that it has instituted a review
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the Act)
to determine whether revocation of the
antidumping duty order on PET film
from Korea would be likely to lead to
continuation or recurrence of material
injury. Pursuant to section 751(c)(2) of
the Act, interested parties are requested
to respond to this notice by submitting
the information specified below to the
Commission;1 to be assured of
consideration, the deadline for
responses is March 23, 2005. Comments
on the adequacy of responses may be
filed with the Commission by April 18,
2005. For further information
concerning the conduct of this review
and rules of general application, consult
the Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
EFFECTIVE DATE: February 2, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202) 205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired 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
1 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. 05–5–110,
expiration date June 30, 2005. Public reporting
burden for the request is estimated to average 7
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.
PO 00000
Frm 00062
Fmt 4703
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5473
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 review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background—On June 5, 1991, the
Department of Commerce issued an
antidumping duty order on imports of
PET film from Korea (56 FR 25669). The
original order was amended pursuant to
final court decision on September 26,
1997 (62 FR 50557). Following five-year
reviews by Commerce and the
Commission, effective March 7, 2000,
Commerce issued a continuation of the
antidumping duty order on imports of
PET film from Korea (65 FR 11984). The
Commission is now conducting a
second review 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. It
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 Korea.
(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 and
expedited five-year review
determinations, the Commission
defined the Domestic Like Product as all
PET film, including equivalent PET
film. One Commissioner defined the
Domestic Like Product differently in the
original investigation.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original and expedited
five-year review determinations, the
Commission defined the Domestic
Industry as all domestic producers of
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Pages 5471-5473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1944]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-302 and 731-TA-454 (Second Review)]
Fresh and Chilled Atlantic Salmon From Norway
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty and antidumping duty orders on fresh and chilled Atlantic salmon
from Norway.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the
countervailing duty and antidumping duty orders on fresh and chilled
Atlantic salmon from Norway would be likely to lead to continuation or
recurrence of material injury. Pursuant to section 751(c)(2) of the
Act, interested parties are requested to respond to this notice by
submitting the information specified below to the Commission; \1\ to be
assured of consideration, the deadline for responses is March 23, 2005.
Comments on the adequacy of responses may be filed with the Commission
by April 18, 2005. For further information concerning the conduct of
these reviews and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19
CFR part 207).
---------------------------------------------------------------------------
\1\ 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. 05-5-109,
expiration date June 30, 2005. Public reporting burden for the
request is estimated to average 7 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.
---------------------------------------------------------------------------
EFFECTIVE DATES: February 2, 2005.
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 these reviews may be
viewed on the Commission's electronic docket (EDIS) at https://
edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On April 12, 1991, the Department of Commerce issued
countervailing duty and antidumping duty orders on imports of fresh and
chilled Atlantic salmon from Norway (56 FR 14920, 14921). Following
five-year reviews by Commerce and the Commission, effective March 13,
2000, Commerce issued a continuation of the countervailing duty and
antidumping duty orders on imports of fresh and chilled Atlantic salmon
from Norway (65 FR 13358). The Commission is now conducting second
reviews 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. It will assess
the adequacy of interested party responses to this notice of
institution to determine whether to conduct full reviews 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 Norway.
(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 expedited five-year review determinations, the
Commission defined the Domestic Like Product as fresh and chilled
Atlantic salmon, including salmon smolts.
(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 expedited five-year review determinations, the Commission defined
the Domestic Industry as all domestic producers of fresh and chilled
Atlantic salmon, including salmon smolts.
(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 reviews 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 reviews 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 reviews.
Former Commission employees who are seeking to appear in Commission
five-year reviews are reminded that they are required, pursuant to 19
CFR 201.15, to seek Commission approval if the matter in which they are
seeking to appear was pending in any manner or form during their
Commission employment. The Commission is seeking guidance as to whether
a second transition five-year review is the ``same particular matter''
as the underlying original investigation for purposes of 19 CFR 201.15
and 18 U.S.C. 207, the post employment statute for Federal employees.
Former employees may seek informal advice from Commission ethics
officials with respect to this and the related issue of whether the
employee's participation was ``personal and substantial.'' However, any
informal consultation will not relieve former employees of the
obligation to seek approval to appear from the Commission under its
rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
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 these reviews available to authorized
applicants under the APO
[[Page 5472]]
issued in the reviews, 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 reviews. 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 these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the
Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is March 23, 2005. 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 April 18, 2005. All written submissions must conform with
the provisions of sections 201.8 and 207.3 of the Commission's rules
and any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means, except to the extent
permitted by section 201.8 of the Commission's rules, as amended, 67 FR
68036 (November 8, 2002). Also, in accordance with sections 201.16(c)
and 207.3 of the Commission's rules, each document filed by a party to
the reviews must be served on all other parties to the reviews (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 reviews you do not need to serve your response).
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 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 if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating 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, 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 these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
countervailing duty and antidumping duty orders on the Domestic
Industry in general and/or your firm/entity specifically. In your
response, please discuss the various factors specified in section
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of
subject imports, likely price effects of subject imports, and likely
impact of imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 1998.
(7) 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 2004 (report quantity data in pounds and
value data in U.S. dollars, f.o.b. plant). If you are a union/worker
group or trade/business association, provide the information, on an
aggregate basis, for the firms in which your workers are employed/which
are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) The quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s); and
(c) The quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s).
(8) 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 2004 (report quantity data in pounds and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping 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.
(9) 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
[[Page 5473]]
product during calendar year 2004 (report quantity data in pounds and
value data in U.S. dollars, landed and duty-paid at the U.S. port but
not including antidumping 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; and
(b) 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.
(10) 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 1998, 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.
(11) (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: These reviews are 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.
Issued: January 21, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-1944 Filed 2-1-05; 8:45 am]
BILLING CODE 7020-02-P