Malleable Cast Iron Pipe Fittings From China, 65401-65403 [E8-25841]
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Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
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: October 24, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–25839 Filed 10–31–08; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1021 (Review)]
Malleable Cast Iron Pipe Fittings From
China
United States International
Trade Commission.
ACTION: Institution of a five-year review
concerning the antidumping duty order
on imports of malleable cast iron pipe
fittings from China.
AGENCY:
sroberts on PROD1PC70 with NOTICES
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 imports for
malleable cast iron pipe fittings from
China 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
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. 09–5–191,
expiration date June 30, 2011. Public reporting
burden for the request is estimated to average 15
hours per response. Please send comments
regarding the accuracy of this burden estimate to
the Office of Investigations, U.S. International Trade
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
consideration, the deadline for
responses is December 23, 2008.
Comments on the adequacy of responses
may be filed with the Commission by
January 16, 2009. 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).
DATES: Effective Date: November 3,
2008.
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.
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 December 12, 2003,
the Department of Commerce issued an
antidumping duty order on imports of
malleable cast iron pipe fittings from
China (68 FR 69376). The Commission
is conducting a 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 China.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
Commission, 500 E Street, SW., Washington, DC
20436.
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65401
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determination, the Commission found
one Domestic Like Product consisting of
all malleable fittings other than grooved
fittings, co-extensive with the scope.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determination,
the Commission defined the Domestic
Industry as all producers of malleable
fittings corresponding to the scope.
(5) The Order Date is the date that the
antidumping duty order under review
became effective. In this review, the
Order Date is December 12, 2003.
(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 fiveyear 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
E:\FR\FM\03NON1.SGM
03NON1
sroberts on PROD1PC70 with NOTICES
65402
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
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 December 23, 2008.
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 January 16,
2009. 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
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
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:
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 this review by providing information
requested by the Commission.
(4) A statement of the likely effects of
the revocation of the antidumping duty
order on the Domestic Industry in
general and/or your firm/entity
specifically. In your response, please
discuss the various factors specified in
section 752(a) of the Act (19 U.S.C.
1675a(a)) including the likely volume of
subject imports, likely price effects of
PO 00000
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Fmt 4703
Sfmt 4703
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.
(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 2007 (report quantity data
in short tons and value data in U.S.
dollars, f.o.b. plant). If you are a union/
worker group or trade/business
association, provide the information, on
an aggregate basis, for the firms in
which your workers are employed/
which are members of your association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Product accounted for by your
firm’s(s’) production;
(b) 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 2007 (report quantity data
in short tons and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping duties) of U.S. imports
and, if known, an estimate of the
percentage of total U.S. imports of
Subject Merchandise from the Subject
Country accounted for by your firm’s(s’)
imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. commercial shipments of Subject
Merchandise imported from the Subject
Country; and
E:\FR\FM\03NON1.SGM
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
(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 2007
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping 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.
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
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.
Issued: October 24, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–25841 Filed 10–31–08; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
(‘‘CERCLA’’)
Pursuant to Section 122(d)(2) of
CERCLA, 42 U.S.C. 9622(d)(2), notice is
hereby given that on October 22, 2008,
a proposed Consent Decree in United
States of America v. Domtar Paper
Company LLC, Civil Action No. 4:08–
cv–179, was lodged with the United
States District Court for the Eastern
District of North Carolina.
In this action the United States sought
to require the Defendant Domtar Paper
Company LLC to conduct remedial
design and remedial action to address
releases and threatened releases of
hazardous substances at the Domtar
Paper Company LLC (formerly
Weyerhaeuser Company) Plymouth
Wood Treating Plant Superfund Site
(‘‘Site’’) near the town of Plymouth in
Martin County, North Carolina. The
United States also sought to recover
certain past and future costs incurred by
the Environmental Protection Agency
(‘‘EPA’’) during the performance of
response actions at the Site.
Under the Consent Decree, the
Defendant will perform the remedial
design and remedial action at Operable
Unit #4, which consists of the sediments
and surface waters in Welch Creek and
its associated wetlands, pursuant to the
September 26, 2007 Record of Decision
(ROD). The remedy provides for the
placement of a thin layer of clean sand
capping the upstream reach of the creek;
long-term monitoring and maintenance
of the cap; monitoring sediment
mobility in the less-contaminated
midstream reach of the creek; long-term
testing and monitoring of sediments,
surface water, and biota to document
the performance of the remedy; and
institutional controls to ensure public
health and maintain the integrity of the
remedy. The Defendant will also
reimburse the Hazardous Substance
Superfund for EPA’s response costs
incurred after March 5, 2007 at or in
connection with Operable Unit 4.
PO 00000
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65403
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,
Environment and Natural Resources
Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States of America v. Domtar Paper
Company LLC, Civil Action No. 4:08–
cv–179 (E.D.N.C.), DOJ Ref. 90–11–3–
07838/2.
The Consent Decree may be examined
at the Office of the United States
Attorney, Eastern District of North
Carolina, 310 New Bern Avenue, Suite
800, Raleigh, North Carolina 27601, and
at EPA Region 4, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia
30303. 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/open.htm. 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
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please refer to United States of America
v. Domtar Paper Company LLC, Civil
Action No. 4:08–cv–179 (E.D.N.C.), DOJ
Ref. 90–11–3–07838/2, and enclose a
check in the amount of $65.75 (25 cents
per page reproduction cost) payable to
the U.S. Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment & Natural
Resources Division.
[FR Doc. E8–26070 Filed 10–31–08; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Oil Pollution Act of 1990
Notice is hereby given that on October
28, 2008, a proposed consent decree in
United States of America and the State
of Kansas v. Magellan Ammonia
Pipeline et al. Civil Action No. 08–cv–
2532, was lodged with the United States
District Court for the District of Kansas.
The Complaint, filed by the Plaintiffs
who are Trustees for natural resources,
alleges that the Defendants are liable
under Section 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65401-65403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25841]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1021 (Review)]
Malleable Cast Iron Pipe Fittings From China
AGENCY: United States International Trade Commission.
ACTION: Institution of a five-year review concerning the antidumping
duty order on imports of malleable cast iron pipe fittings from China.
-----------------------------------------------------------------------
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 imports for malleable cast iron pipe fittings from China
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 December 23, 2008. Comments on the
adequacy of responses may be filed with the Commission by January 16,
2009. 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).
---------------------------------------------------------------------------
\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. 09-5-191,
expiration date June 30, 2011. Public reporting burden for the
request is estimated to average 15 hours per response. Please send
comments regarding the accuracy of this burden estimate to the
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW., Washington, DC 20436.
---------------------------------------------------------------------------
DATES: Effective Date: November 3, 2008.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its Internet server
(https://www.usitc.gov). The public record for this review may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. On December 12, 2003, the Department of Commerce issued
an antidumping duty order on imports of malleable cast iron pipe
fittings from China (68 FR 69376). The Commission is conducting a
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 China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination, the Commission found one Domestic Like Product
consisting of all malleable fittings other than grooved fittings, co-
extensive with the scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination, the
Commission defined the Domestic Industry as all producers of malleable
fittings corresponding to the scope.
(5) The Order Date is the date that the antidumping duty order
under review became effective. In this review, the Order Date is
December 12, 2003.
(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
[[Page 65402]]
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
December 23, 2008. 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
January 16, 2009. 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: 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 this review by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty order on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries 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 2007 (report quantity data in short tons
and value data in U.S. dollars, f.o.b. plant). If you are a union/
worker group or trade/business association, provide the information, on
an aggregate basis, for the firms in which your workers are employed/
which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) 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 2007 (report quantity data in short tons
and value data in U.S. dollars). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from the
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from the Subject Country; and
[[Page 65403]]
(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 2007 (report quantity
data in short tons and value data in U.S. dollars, landed and duty-paid
at the U.S. port but not including antidumping 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.
Issued: October 24, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-25841 Filed 10-31-08; 8:45 am]
BILLING CODE 7020-02-P
