Revised Procedures and Requests for Information During Adequacy Phase of Five-Year Reviews, 40992-40997 [E8-16282]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Proposed Rules]
[Pages 40992-40997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16282]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 207


Revised Procedures and Requests for Information During Adequacy 
Phase of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission (``the 
Commission'') proposes to amend its Rules of Practice and Procedure to 
require that responses to notices of institution of five-year reviews 
be filed within 30 days of publication of the notice, as opposed to the 
50-day response period specified in its current rules. It additionally 
seeks public comment on proposals, which would not require changes in 
its rules, to seek additional information from interested parties at 
the institution of five-year reviews, and to seek information from 
purchasers during the adequacy phase of five-year reviews in certain 
circumstances.

DATES: To be assured of consideration, written comments must be 
received by September 15, 2008.

ADDRESSES: You may submit comments, identified by docket number MISC-
024, by any of the following methods:

--Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
--Agency Web Site: https://www.usitc.gov. Follow the instructions for 
submitting comments on the Web site at https://www.usitc.gov/secretary/
edis.htm.
--Mail: For paper submission. U.S. International Trade Commission, 500 
E Street, SW., Room 112, Washington, DC 20436.
--Hand Delivery/Courier: U.S. International Trade Commission, 500 E 
Street, SW., Room 112, Washington, DC 20436, from the hours of 8:45 
a.m. to 5:15 p.m.

    Instructions: All submissions received must include the agency name 
and docket number (MISC-024) for this rulemaking. All comments received 
will be posted without change to https://www.usitc.gov, including any 
personal information provided. For paper copies, a signed original and 
14 copies of each set of comments, along with a cover letter stating 
the nature of the commenter's interest in the proposed rulemaking, 
should be submitted to Marilyn R. Abbott, Secretary, U.S. International 
Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.usitc.gov and/or the U.S. 
International Trade Commission, 500 E Street, SW., Room 112, 
Washington, DC 20436. The pertinent docket number is MISC-024.

FOR FURTHER INFORMATION CONTACT: Marc A. Bernstein, Office of General 
Counsel, U.S. International Trade Commission, telephone 202-205-3087, 
or Robert G. Carpenter, Office of Investigations, U.S. International 
Trade Commission, telephone 202-205-3160. Hearing-impaired individuals 
can obtain information on this matter by contacting the Commission's 
TDD terminal at 202-205-1810. General information concerning the 
Commission may also be obtained by visiting its Web site at 
www.usitc.gov.

SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding these proposed changes to Commission 
procedures during the adequacy phase of five-year reviews. This 
preamble provides background information, a regulatory analysis of the 
proposed amendment to the Commission's Rules of Practice and Procedure, 
an explanation of the procedural changes proposed, and a description of 
the proposed amendment to the rules. The Commission encourages members 
of the public to comment, in addition to any other comments they wish 
to make on the proposed amendment, on whether

[[Page 40993]]

the proposed amendment is in language that is sufficiently clear for 
users to understand.
    If the Commission decides to proceed with this rulemaking after 
reviewing the comments filed in response to this notice, the proposed 
rule revision concerning the period for responding to notices of 
institution will be published in the Federal Register and will be 
codified in 19 CFR part 207.

Background

    The Tariff Act of 1930, as amended, directs the Commission to 
conduct five-year reviews of antidumping and countervailing duty orders 
and suspension agreements. 19 U.S.C. 1675(c). Subpart F of Chapter 207 
of Title 19 of the Code of Federal Regulations contains regulations 
concerning procedures the Commission uses in five-year reviews.
    Under section 207.60(d) of the Commission's Rules of Practice and 
Procedure, 19 CFR 207.60(d), the Commission publishes a notice of 
institution when it institutes five-year review proceedings pursuant to 
19 U.S.C. 1675(c). In the notice of institution, the Commission directs 
interested parties to provide certain information. Neither the statute 
nor the Commission's regulations specify the information the Commission 
requests in the notice of institution. The Commission's Rules of 
Practice and Procedure, however, require that any response to the 
notice of institution be filed within 50 days after publication of the 
notice in the Federal Register. 19 CFR 207.61(a).
    In this notice, the Commission seeks comments on two sets of 
proposed modifications to its procedures in five-year reviews. The 
first, which does not require a change to the Commission's regulations, 
would modify the information the Commission requests in the notice of 
institution. The second proposes to amend section 207.61(a) of the 
Commission's Rules of Practice and Procedure to require that responses 
to the notice of institution be filed within 30 days after its 
publication.

Regulatory Analysis of Proposed Amendment to the Commission's Rules

    The Commission has determined that the proposed rule does not meet 
the criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) and thus does not constitute a significant 
regulatory action for purposes of the Executive Order.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is 
inapplicable to this rulemaking because it is not one for which a 
notice of proposed rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission has chosen to publish a notice 
of proposed rulemaking, the proposed regulation falls within the 
exemption from the notice requirements imposed by 5 U.S.C. 553(b) for 
``agency rules of procedure and practice.''
    The proposed rule does not contain federalism implications 
warranting the preparation of a federalism summary impact statement 
pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.) because the proposed rule will not result 
in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more in any one 
year, and will not significantly or uniquely affect small governments.
    The proposed rule is not a major rule as defined by section 804 of 
the Small Business Regulatory Enforcement Fairness Act of 1996 (5 
U.S.C. 801 et seq.). Moreover, it is exempt from the reporting 
requirements of the Contract With America Advancement Act of 1996 (Pub. 
L. 104-121) because it is a rule of organization, procedure, or 
practice that does not substantially affect the rights or obligations 
of non-agency parties.
    The proposed rule is not subject to section 3504(h) of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), because it does not 
contain any new information collection requirement. The information 
collection requirements that are discussed in this notice are the 
subject of a generic survey clearance proceeding currently pending 
before the Office of Management and Budget. See 72 FR 68896 (Dec. 6, 
2007).
    The Commission, as an independent regulatory agency as defined in 
Executive Order 12866 of Sept. 30, 1993, is exempt from the memorandum 
dated May 9, 2008, Issuance of Agency Regulations at the End of the 
Administration.

Explanation of Proposed Changes in Commission Data Collection

    The Commission has modified the information it requests interested 
parties to provide in response to its notice of institution in only 
minor respects since it began instituting five-year reviews in 1998.\1\ 
The Commission now seeks to make more substantial changes to its 
information requests. Based on its decade of experience in conducting 
five-year reviews, the Commission believes that requesting additional 
information in its notice of institution will aid it both in deciding 
whether to expedite a review pursuant to 19 U.S.C. 1675(c)(3)(B) and 19 
CFR 207.62 and in conducting expedited reviews.
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    \1\ The Commission first published a sample notice of 
institution in the June 5, 1998, Federal Register. 63 FR 30599, 
30609-10 (June 5, 1998). Since that time, the only material change 
the Commission has made to the notice is to request that producers 
of the domestic like product provide quantity and value data on 
internal consumption and company transfers.
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    The Commission is proposing to modify its notice of institution. As 
illustrated in Appendix A, the revised model notice contains the 
following additional information requests:
     All interested parties will be requested to provide a 
listing of the three to five leading purchasers of the domestic like 
product and the subject merchandise in the U.S. market.
     All interested parties will be requested to provide 
sources of information concerning prices for the domestic like product 
and the subject merchandise in the U.S. market and other world markets.
     Both producers of the domestic like product and producers 
of subject merchandise will be requested to provide capacity 
information for the most recent calendar year.
     Domestic producers will be requested to provide financial 
information on their operations producing the domestic like product for 
the most recent fiscal year, including the value of net sales; cost of 
goods sold; gross profit; selling, general, and administrative 
expenses; and operating income.
    The Commission has two principal objectives in requesting 
additional information in its notice of institution. First, the 
Commission believes that the additional information it seeks will 
better enable it to ascertain whether to expedite a review pursuant to 
section 207.62 of the Commission's Rules of Practice and Procedure. As 
explained further below, the Commission believes that asking interested 
parties to identify three to five leading purchasers will enable it, in 
certain circumstances, to direct information requests to purchasers for 
use in the adequacy phase of the review. Second, the Commission seeks 
to have additional information in those reviews that it does expedite. 
The Commission believes that requesting additional information 
concerning capacity, financial performance, and pricing will enable it 
to achieve this objective. It further believes that the additional data 
requests it is proposing will not unduly burden interested parties.
    In those reviews where the Commission does not receive responses to 
the notice of institution from both

[[Page 40994]]

domestic interested parties and respondent interested parties, the 
Commission will transmit brief questionnaires to purchasers shortly 
after it receives responses to the notice of institution.\2\ A sample 
of this questionnaire appears as Appendix B to this Notice. These 
questionnaires will ask purchasers to identify significant changes, if 
any, in supply or demand conditions or the business cycle that have 
occurred in the United States for the domestic like product, or in 
world markets for the subject merchandise, since the date the order or 
suspension agreement under review became effective.
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    \2\ When the Commission receives responses to the Notice of 
Institution from both domestic and respondent interested parties, it 
typicaly does not require further information to determine whether 
to conduct a full or expedited review. It such circumstances, it 
would not normally contemplate circulating the brief questionnaire 
to purchasers.
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    When there is inadequate response to the notice of institution from 
an interested party group, the Commission has the authority to conduct 
an expedited review. The Commission has found, however, that conducting 
an expedited review is not always appropriate when an interested party 
group response is inadequate. For example, if there have been major 
changes in the conditions of competition since the time of the original 
investigation pertaining to the domestic like product or the subject 
merchandise in the U.S. market, the subject countries, or worldwide, 
the Commission may find conducting a full review to be appropriate 
notwithstanding the inadequate response. The Commission believes that 
seeking information from purchasers concerning current conditions of 
competition, and asking purchasers to compare current conditions to 
those prevailing at the time the order or suspension agreement under 
review was imposed, will enable it better to ascertain whether it 
should conduct a full review notwithstanding inadequate response from 
an interested party group.

Explanation of Proposed Change to Commission Rule 207.61(a)

    The changes proposed above, if implemented, will require the 
Commission staff to devote additional time during the adequacy phase of 
five-year reviews to analyze the additional information requested in 
the notice of institution, to circulate the brief adequacy phase 
questionnaires to purchasers in appropriate circumstances, and to 
analyze the responses to the purchaser questionnaires. To permit the 
Commission staff the additional time it needs to engage in such 
additional information collection and analysis, the Commission proposes 
amending section 207.61(a) of the Commission's Rules of Practice and 
Procedure to require that responses to the notice of institution be 
submitted within 30 days after publication of the notice, as opposed to 
the current 50 days. The Commission believes that the 30-day period 
will provide interested parties sufficient time to respond to the 
notice. Moreover, there will continue to be no need for respondent 
interested parties to file a response to the Commission's notice of 
institution in reviews where no domestic interested party has responded 
to the notice of initiation issued by the Department of Commerce 
(``Commerce''), which results in Commerce terminating the review (and 
revoking any pertinent orders under review) pursuant to 19 CFR 
351.218(d)(1)(iii). Responses to the Commission's notice will not be 
due until 10 days after Commerce would notify the Commission pursuant 
to 19 CFR 351.218(d)(1)(iii)(B)(2) that no domestic interested party 
has responded to Commerce's notice of initiation.

Request for Comment

    The Commission solicits comments from interested parties and 
practitioners concerning these proposals. All comments should be filed 
in writing no later than 60 days after publication of this notice in 
the Federal Register.
    With respect to the proposed changes in information collection, the 
Commission is particularly interested in comments concerning whether 
the additional information it intends to collect: (1) Will satisfy the 
objective of augmenting the record before the Commission when it 
determines whether to conduct an expedited or full review; (2) will 
satisfy the objective of augmenting the record before the Commission in 
expedited reviews; and (3) will satisfy the objective of not unduly 
burdening interested parties and purchasers requested to provide the 
information. The Commission also seeks comment concerning whether 
requesting additional or alternative types of information will better 
enable the Commission to achieve these objectives. With respect to the 
proposed amendment to Commission rule 207.61(a), the Commission seeks 
comment concerning whether a 30-day response period will impair 
interested parties' ability to respond fully to the notice of 
institution.

List of Subjects in 19 CFR Part 207

    Administrative practice and procedure, Investigations.

    For the reasons stated in the preamble, the Commission proposes to 
amend 19 CFR part 207 as follows:

PART 207--INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES 
RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM 
SUBSIDIZED EXPORTS TO THE UNITED STATES

    1. The authority citation for part 207 continues to read as 
follows:

    Authority: 19 U.S.C. 1336, 1671-1677n, 2482, 3513.

    2. Amend Sec.  207.61 by revising paragraph (a) as follows:


Sec.  207.61  Responses to notice of institution.

    (a) When information must be filed. Responses to the notice of 
institution shall be submitted to the Commission no later than 30 days 
after its publication in the Federal Register.
* * * * *

    Note: The following appendices would not appear in the Code of 
Federal Regulations.

Appendix A

Revisions to Notice of Institution

    Note: The portions of the revised notice of institution that 
seek information from interested parties are reproduced below. The 
Commission does not contemplate modifying the introductory portions 
of the notice. Proposed new information requests are indicated by 
{bold text surrounded by curved brackets{time} . These are requests 
7, 8, 9b, 9e, and 11b.

    Background.--On DATE, the Department of Commerce issued a 
countervailing duty order/an antidumping duty order/suspended a 
countervailing duty/antidumping duty investigation on imports of 
PRODUCT from COUNTRY (xx FR xxxxx). The Commission is conducting a 
review to determine whether revocation of the order/termination of 
the suspended investigation 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 COUNTRY.

[[Page 40995]]

    (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, the Commission defined the Domestic 
Like Product as INSERT DEFINITION. (Add the following if 
applicable). One Commissioner/Certain Commissioners defined the 
Domestic Like Product differently.
    (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 INSERT DEFINITION. (Add the following if applicable). 
One Commissioner/Certain Commissioners defined the Domestic Industry 
differently.
    (5) The Order Date is the date that the countervailing duty 
order under review became effective/antidumping duty order under 
review became effective/investigation was suspended. In this review, 
the Order Date is DATE.
    (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 review 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 review 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 review.
    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. The Commission's 
designated agency ethics official recently has advised that a five-
year review is no longer considered the ``same particular matter'' 
as the corresponding underlying original 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)), 73 FR 24609 (May 5, 
2008). This advice was developed in consultation with the Office of 
Government Ethics. Consequently, former employees are no longer 
required to seek Commission approval to appear in a review under 
Commission rule 19 CFR 201.15, even if the corresponding underlying 
original investigation was pending when they were Commission 
employees. For further ethics advice on this matter, 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 this review available to 
authorized applicants under the APO issued in the review, 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 review. 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 review 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 DATE. 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 DATE. 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 review must be served on all other parties to the 
review (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 review 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 determination in the review.
    Information To Be Provided In Response To This Notice of 
Institution: (Add the following material if more than one like 
product is involved.) Please provide the requested information 
separately for each Domestic Like Product, as defined by the 
Commission in its original determinations, and for each of the 
products identified by Commerce as Subject Merchandise. (Add the 
following material if more than one country is involved.) 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) 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 this review by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing duty order/revocation of the antidumping duty order/
termination of the suspended investigation 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 since 
the Order Date.

[[Page 40996]]

    {(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 E-mail address of a responsible official at each 
firm).{time} 
    {(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.{time} 
    (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 PRECEDING YEAR, {except as noted{time}  
(report quantity data in MEASUREMENT UNIT and value data in 
thousands of 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 (i.e., 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){time} ;
    (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).{time} 
    (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 PRECEDING YEAR 
(report quantity data in MEASUREMENT UNIT and value data in 
thousands of U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which 
are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, 
an estimate of the percentage of total U.S. imports of Subject 
Merchandise from the Subject Country accounted for by your 
firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including 
antidumping and/or countervailing duties) of U.S. commercial 
shipments of Subject Merchandise imported from the Subject Country; 
and
    (c) the quantity and value (f.o.b. U.S. port, including 
antidumping and/or countervailing duties) of U.S. internal 
consumption/company transfers of Subject Merchandise imported from 
the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in 
the Subject Country, provide the following information on your 
firm's(s') operations on that product during calendar year PRECEDING 
YEAR (report quantity data in MEASUREMENT UNIT and value data in 
thousands of U.S. dollars, landed and duty-paid at the U.S. port but 
not including antidumping or countervailing duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    {(b) Capacity (quantity) of your firm to produce the Subject 
Merchandise in the Subject Country (i.e., 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{time} 
    (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 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.
    (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.

Appendix B

Adequacy Phase Purchaser Questionnaire

    Definitions.--The following definitions apply to this request:
    (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 COUNTRY.
    (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, the Commission defined the Domestic 
Like Product as INSERT DEFINITION.
    (4) The Order Date is the date that the countervailing duty 
order under review became effective/antidumping duty order under 
review became effective/investigation was suspended. In this review, 
the Order Date is DATE.
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    In your responses to the following questions, please 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.
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    1a. Have any changes occurred in technology; production methods; 
or development efforts that affected the availability of the 
Domestic Like Product in the U.S. market or in the market for the 
Subject Merchandise in the Subject Country since the Order Date? --
No --Yes.
    If your answer is yes, discuss any significant changes, noting 
the time period and market in which they occurred.
    1b. Do you anticipate any changes in terms of technology; 
production methods; or development efforts that will affect the 
availability of the Domestic Like Product in the U.S. market or in 
the market for the Subject Merchandise in the Subject Country within 
a reasonably foreseeable time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.
    2a. Have any changes occurred in the 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) that affected the availability of the Domestic Like 
Product in the U.S. market or in the market for the Subject 
Merchandise in the Subject Country since the Order Date? --No --Yes
    If your answer is yes, discuss any significant changes, noting 
the time period and market in which they occurred.
    2b. Do you anticipate any changes in terms of the ability to 
increase production

[[Page 40997]]

(including the shift of production facilities used for other 
products and the use, cost, or availability of major inputs into 
production) that will affect the availability of the Domestic Like 
Product in the U.S. market or in the market for the Subject 
Merchandise in the Subject Country within a reasonably foreseeable 
time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.
    3a. Have any changes occurred in 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) that affected the availability of the Domestic Like Product 
in the U.S. market or in the market for the Subject Merchandise in 
the Subject Country since the Order Date? --No --Yes
    If your answer is yes, discuss any significant changes, noting 
the time period and market in which they occurred.
    3b. Do you anticipate any changes in terms of 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) that will affect the availability of the 
Domestic Like Product in the U.S. market or in the market for the 
Subject Merchandise in the Subject Country within a reasonably 
foreseeable time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.
    4a. Have there been any changes in the end uses and applications 
of the Domestic Like Product in the U.S. market or in the market for 
the Subject Merchandise in the Subject Country since the Order Date? 
--No --Yes
    If your answer is yes, dscuss any significant changes, noting 
the time period and market in which they occurred.
    4b. Do you anticipate any changes in terms of the end uses and 
applications of the Domestic Like Product in the U.S. market or in 
the market for the Subject Merchandise in the Subject Country within 
a reasonably foreseeable time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.
    5a. Have there been any changes in the existence and 
availability of substitute products for the Domestic Like Product in 
the U.S. market or in the market for the Subject Merchandise in the 
Subject Country since the Order Date? --No --Yes
    If your answer is yes, discuss any significant changes, noting 
the time period and market in which they occurred.
    5b. Do you anticipate any changes in terms of the existence and 
availability of substitute products for the Domestic Like Product in 
the U.S. market or in the market for the Subject Merchandise in the 
Subject Country within a reasonably foreseeable time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.
    6a. Have there been any changes in 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 in the U.S. market or in the market 
for the Subject Merchandise in the Subject Country since the Order 
Date? --No --Yes
    If your answer is yes, discuss any significant changes, noting 
the time period and market in which they occurred.
    6b. Do you anticipate any changes in terms of 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 in the U.S. market or in the 
market for the Subject Merchandise in the Subject Country within a 
reasonably foreseeable time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.
    7a. Have there been any changes in the business cycle for the 
Domestic Like Product in the U.S. market or in the market for the 
Subject Merchandise in the Subject Country since the Order Date? --
No --Yes
    If your answer is yes, discuss any significant changes, noting 
the time period and market in which they occurred.
    7b. Do you anticipate any changes in terms of the business cycle 
for the Domestic Like Product in the U.S. market or in the market 
for the Subject Merchandise in the Subject Country within a 
reasonably foreseeable time? --No --Yes
    If your answer is yes, please describe any significant changes 
and identify the time period and market.

    By order of the Commission.

    Issued: July 11, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-16282 Filed 7-16-08; 8:45 am]
BILLING CODE 7020-02-P