Polyethylene Terephthalate Film From India and Taiwan, 30627-30630 [E7-10407]
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hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
Subject Merchandise in the Subject
Country that currently export or have
exported Subject Merchandise to the
United States or other countries since
the Order Date.
(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 2006 (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 2006 (report quantity data
in pounds and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping duties) of U.S. imports
and, if known, an estimate of the
percentage of total U.S. imports of
Subject Merchandise from the Subject
Country accounted for by your firm’s(s’)
imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. commercial shipments of Subject
Merchandise imported from the Subject
Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. internal consumption/company
transfers of Subject Merchandise
imported from the Subject Country.
(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
product during calendar year 2006
(report quantity data in pounds and
value data in U.S. dollars, landed and
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duty-paid at the U.S. port but not
including antidumping duties). If you
are a trade/business association, provide
the information, on an aggregate basis,
for the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in the Subject Country accounted for by
your firm’s(s’) production; 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 since the Order
Date, 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: This review 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: May 25, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–10408 Filed 5–31–07; 8:45 am]
BILLING CODE 7020–02–P
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30627
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–415 and 731–
TA–933 and 934 (Review)]
Polyethylene Terephthalate Film From
India and Taiwan
United States International
Trade Commission.
ACTION: Institution of five-year reviews
concerning the countervailing duty
order on polyethylene terephthalate
(‘‘PET’’) film from India and the
antidumping duty orders on PET film
from India and Taiwan.
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 order on PET film
from India and the antidumping duty
orders on PET film from India and
Taiwan 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 July 23, 2007. Comments
on the adequacy of responses may be
filed with the Commission by August
14, 2007. 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).
DATES: Effective Date: June 1, 2007.
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
Commission should contact the Office
of the Secretary at 202–205–2000.
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. 07–5–171,
expiration date June 30, 2008. Public reporting
burden for the request is estimated to average 10
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.
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30628
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
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 July 1, 2002, the
Department of Commerce issued a
countervailing duty order on imports of
PET film from India (67 FR 44179) and
antidumping duty orders on imports of
PET film from India and Taiwan (67 FR
44174–44175). The Commission is
conducting 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 Countries in these
reviews are India and Taiwan.
(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, the Commission
defined the Domestic Like Product as all
PET film, not including equivalent PET
film.
(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 to include all domestic
producers of PET film.
(5) The Order Date is the date that the
antidumping and countervailing duty
orders under review became effective. In
these reviews, the Order Date is July 1,
2002.
(6) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
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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’s
designated agency ethics official has
advised that a 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
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
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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 July 23, 2007.
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 August 14, 2007. 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
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(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: If
you are a domestic producer, union/
worker group, or trade/business
association; import/export Subject
Merchandise from more than one
Subject Country; or produce Subject
Merchandise in more than one Subject
Country, you may file a single response.
If you do so, please ensure that your
response to each question includes the
information requested for each pertinent
Subject Country. 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 antidumping and
countervailing duty orders on the
Domestic Industry in general and/or
your firm/entity specifically. In your
response, please discuss the various
factors specified in section 752(a) of the
Act (19 U.S.C. 1675a(a)) including the
likely volume of subject imports, likely
price effects of subject imports, and
likely impact of imports of Subject
Merchandise on the Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in each Subject
Country that currently export or have
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exported Subject Merchandise to the
United States or other countries since
the Order Date.
(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 2006 (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(ies), provide
the following information on your
firm’s(s’) operations on that product
during calendar year 2006 (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
each 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 each
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
each 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(ies), provide the following
information on your firm’s(s’)
operations on that product during
calendar year 2006 (report quantity data
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30629
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 each 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 each 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(ies) since the Order
Date, 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(ies),
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.
By order of the Commission.
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30630
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
Issued: May 25, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–10407 Filed 5–31–07; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
hsrobinson on PROD1PC76 with NOTICES
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
In accordance with Departmental
Policy, 28 U.S.C. 50.7, notice is hereby
given that on May 18, 2007, a proposed
Consent Decree in United States v.
Baldwinville Products, Inc. et al., Civil
Action No. 4:07–cv–40146 was lodged
with the United States District Court for
the District of Massachusetts.
In this action the United States sought
cost recovery with respect to the Birch
Hill Dam and Reservoir Project Area
Site, located on the Millers and Otter
Rivers, in Worcester County,
Massachusetts (‘‘the Site’’), under the
Comprehensive Environmental
Response, Compensation and Liability
Act (‘‘CERCIA’’) against Baldwinville
Products, Inc. and Erving Industries,
Inc. (collectively, the ‘‘Settling
Defendants’’). Under the terms of the
proposed settlement, the Settling
Defendants will pay $215,000 to
reimburse the United States for costs
incurred at the Site. The Settling
Defendants shall also undertake certain
sampling work in the event flood waters
exceed certain levels.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environmental and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Baldwinville Products, Inc., (D.
Mass.), D.J. Ref. 90–11–3–1728.
The Consent Decree may be examined
at the Office of the United States
Attorney, Donohue Federal Building,
595 Main Street, Room 206, Worcester,
Massachusetts, and at the United States
Army Corps of Engineers, New England
District, 969 Virginia Road, Concord,
Massachusetts. During the public
comment period, the Consent Decree,
may also be examined of the following
Department of Justice Web-site, to
https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
consent Decree may also be obtained by
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18:10 May 31, 2007
Jkt 211001
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood
(tonia.fleetwood@fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $5.50 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Ronald Gluck,
Assistant Chief, Environmental Enforcement
and Natural Resources Division.
[FR Doc. 07–2700 Filed 5–31–07; 8:45am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on May 17,
2007, a proposed Consent Decree in
United States v. Kerr-McGee
Corporation, Civil Action No. 07–CV–
01034–WDM–MJW as lodged with the
United States District Court for the
District of Colorado.
The Consent Decree resolves claims
by the United States against Kerr-McGee
Corporation (‘‘Kerr-McGee’’) under
section 113 of the Clean Air Act, 42
U.S.C. 7413 at Kerr-McGee’s
Cottonwood Wash, Ouray, and Bridge
compressor stations located on tribal
lands in the Uinta Basin and in the
Denver-Julesburg Basin in Weld County,
Colorado. The Consent Decree will
require Kerr-McGeee to install low
emission dehydrators, enclose flares on
certain condensate storage tanks and
replace pneumatic controllers with ‘‘low
bleed’’ components and also install
either catalytic controls on large engines
or replace old engines with newer,
lower emitting units. The decree
establishes federally enforceable limits
on the compressor stations to restrict the
sources’ potential to emit, keeping it
below the Clean Air Act’s major source
threshold until EPA finalizes a
Synthetic Minor Source Permitting
Program in Indian Country. The decree
also requires Kerr-McGee to pay a civil
penalty of $150,000 to the United States
and $50,000 to the State of Colorado and
perform supplemental environmental
projects valued at $250,000.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
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Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Kerr-McGee Corporation, D.J.
Ref 90–5–2–1–08656.
The Consent Decree may be examined
at the Office of the United States
Attorney, 1225 Seventeenth Street, Suite
700, Denver, Colorado 80202, and at
U.S. EPA Region 8, 1595 Wynkoop
Street, Denver, CO 80202. During the
public comment period, the Consent
Decree may also be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (toniafleetwood@usdoj.gov,
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy of the entire Consent
Decree with exhibits from the Consent
Decree Library, please enclose a check
in the amount of $44.75 (25 cents per
page reproduction costs) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address. In requesting a copy of the
decree exclusive of exhibits, please
enclose a check in the amount of $20.50
(25 cents per page reproduction cost)
payable to the U.S. Treasury.
Robert D. Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 07–2701 Filed 5–31–07; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under The Clean Water Act, Oil
Pollution Act, and Endangered Species
Act
Notice is hereby given that on May 21,
2007, a proposed Consent Decree in
United States v. Kinder Morgan Energy
Partners, L.P., et al. Civil Action No.
2:07–00952–GEB–EFB was lodged with
the United States District Court for the
Eastern District of California.
In this action the United States and
the State of California sought civil
penalties, injunctive relief, response
costs, and natural resource damages as
a result of three oil spills from
E:\FR\FM\01JNN1.SGM
01JNN1
Agencies
[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[NOTI]
[Pages 30627-30630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10407]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-415 and 731-TA-933 and 934 (Review)]
Polyethylene Terephthalate Film From India and Taiwan
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty order on polyethylene terephthalate (``PET'') film from India and
the antidumping duty orders on PET film from India and Taiwan.
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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 order on PET film from India and the antidumping
duty orders on PET film from India and Taiwan 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 July 23, 2007. Comments on the adequacy of responses may
be filed with the Commission by August 14, 2007. 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).
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\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. 07-5-171,
expiration date June 30, 2008. Public reporting burden for the
request is estimated to average 10 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.
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DATES: Effective Date: June 1, 2007.
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.
[[Page 30628]]
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 July 1, 2002, the Department of Commerce issued a
countervailing duty order on imports of PET film from India (67 FR
44179) and antidumping duty orders on imports of PET film from India
and Taiwan (67 FR 44174-44175). The Commission is conducting 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 Countries in these reviews are India and Taiwan.
(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, the Commission defined the Domestic Like Product as all
PET film, not including equivalent PET film.
(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 to include all domestic
producers of PET film.
(5) The Order Date is the date that the antidumping and
countervailing duty orders under review became effective. In these
reviews, the Order Date is July 1, 2002.
(6) 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's designated agency ethics
official has advised that a 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 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 July 23, 2007. 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 August 14, 2007. 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
[[Page 30629]]
(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: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. 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
antidumping and countervailing duty orders on the Domestic Industry in
general and/or your firm/entity specifically. In your response, please
discuss the various factors specified in section 752(a) of the Act (19
U.S.C. 1675a(a)) including the likely volume of subject imports, likely
price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since the Order
Date.
(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 2006 (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(ies), provide the following information on your firm's(s')
operations on that product during calendar year 2006 (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 each 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 each 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 each 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(ies), provide the following information on your
firm's(s') operations on that product during calendar year 2006 (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 each 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 each 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(ies) since the Order Date, 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(ies), 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.
By order of the Commission.
[[Page 30630]]
Issued: May 25, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-10407 Filed 5-31-07; 8:45 am]
BILLING CODE 7020-02-P