Barbed Wire and Barbless Wire Strand From Argentina, 38468-38471 [E9-18186]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES 38468 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices beyond. The St. Lawrence River and its tributaries were continually used as part of Native American hunting and fishing grounds. During the French and Indian War, Native Americans who occupied the Oswegatchie River region (Oswegatchie is a tributary of the St. Lawrence River), which included the Oneida, Mohawk, Cayuga, and Onondaga, were dislocated as a result of the war. Many Native Americans were forced to abandon their settlements, which included the abandonment of La Presentation in 1759. Many Iroquoian families were forced to migrate to present-day St. Regis where they were adopted by the Mohawk. Consultation with tribal representatives of the Mohawks of Akwesasne (which is composed of the Saint Regis Mohawk Tribe, New York; Mohawk Council of Akwesasne; and Mohawk Nation Council of Chiefs) provided additional lines of evidence. Through ongoing consultation with Native American groups and Lauren French, examination of the human remains, and review of the available literature, officials of St. Lawrence University have determined that the human remains are Native American and most likely share common Iroquoian identity with the Cayuga Nation of New York; Oneida Nation of New York; Oneida Tribe of Indians of Wisconsin; Onondaga Nation of New York; and the Mohawks of Akwesasne (which is composed of the Saint Regis Mohawk Tribe, New York; Mohawk Council of Akwesasne; and Mohawk Nation Council of Chiefs). Officials of the St. Lawrence University, Department of Anthropology have determined that, pursuant to 25 U.S.C. 3001 (9–10), the human remains described above represents the physical remains of one individual of Native American ancestry. Officials of the St. Lawrence University, Department of Anthropology have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Cayuga Nation of New York; Oneida Nation of New York; Oneida Tribe of Indians of Wisconsin; Onondaga Nation of New York; and Saint Regis Mohawk Tribe, New York. Lastly, officials of the St. Lawrence University, Department of Anthropology have determined that there is a cultural relationship between the human remains and the Mohawk Council of Akwesasne and Mohawk Nation Council of Chiefs. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 should contact Dr. Richard A. Gonzalez, Department of Anthropology, St. Lawrence University, Canton, NY 13617, telephone (315) 229–5745, before September 2, 2009. Repatriation of the human remains to the Cayuga Nation of New York; Oneida Nation of New York; Oneida Tribe of Indians of Wisconsin; Onondaga Nation of New York; and Saint Regis Mohawk Tribe, New York (which also represents the Mohawk Council of Akwesasne and the Mohawk Nation Council of Chiefs), may proceed after that date if no additional claimants come forward. St. Lawrence University is responsible for notifying the Cayuga Nation of New York; Oneida Nation of New York; Oneida Tribe of Indians of Wisconsin; Onondaga Nation of New York; Saint Regis Mohawk Tribe, New York; Mohawk Council of Akwesasne; and Mohawk Nation Council of Chiefs that this notice has been published. Dated: July 14, 2009. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E9–17666 Filed 7–31–09; 8:45 am] BILLING CODE 4312–50–M INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–208 (Third Review)] Barbed Wire and Barbless Wire Strand From Argentina AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on barbed wire and barbless wire strand from Argentina. 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 barbed wire and barbless wire strand from Argentina 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. 09–5–202, 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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 consideration, the deadline for responses is September 2, 2009. Comments on the adequacy of responses may be filed with the Commission by October 19, 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), as most recently amended at 74 FR 2847 (January 16, 2009). DATES: Effective Date: August 3, 2009. 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 November 13, 1985, the Department of Commerce issued an antidumping duty order on imports of barbed wire and barbless wire strand from Argentina (50 FR 46808). Following five-year reviews by Commerce and the Commission, effective May 12, 1999, Commerce issued a continuation of the antidumping duty order on imports of barbed wire and barbless fencing wire from Argentina (64 FR 42653). Following second five-year reviews by Commerce and the Commission, effective September 20, 2004, Commerce issued a continuation of the antidumping duty order on imports of barbed wire and barbless fencing wire from Argentina (69 FR 56190). The Commission is now conducting a third 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 the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. E:\FR\FM\03AUN1.SGM 03AUN1 sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 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 Argentina. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination and in its expedited first and second five-year review determinations, the Commission defined the Domestic Like Product as barbed wire and barbless wire strand, consistent with Commerce’s sope. (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 and in its expedited first and second five-year review determinations, the Commission defined the Domestic Industry as producers of barbed wire and barbless wire strand. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the 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 VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 Commission’s designated agency ethics official has advised that a five-year review is not 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 not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation 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 September 2, 2009. Pursuant to section 207.62(b) of the Commission’s rules, eligible parties (as PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 38469 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 October 19, 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) 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 E:\FR\FM\03AUN1.SGM 03AUN1 sroberts on DSKD5P82C1PROD with NOTICES 38470 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 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 after 2003. (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). (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets. (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2008, except as noted (report quantity data in short tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of production that your establishment(s) could reasonably have VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2008 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2008 (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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 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) 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 (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2003, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This 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. E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices By order of the Commission. Issued: July 27, 2009. Marilyn R. Abbott, Secretary to the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–18186 Filed 7–31–09; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE [OMB Number 1105–0082] Civil Division; Agency Information Collection Activities: Revision of a Currently Approved Collection sroberts on DSKD5P82C1PROD with NOTICES ACTION: 60-Day Notice of Information Collection Under Review: Annuity Broker Declaration Form. The Department of Justice (DOJ), Civil Division, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Director, Communications Office, Civil Division, U.S. Department of Justice, Washington, DC 20530. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Revision of a currently approved collection. (2) Title of the Form/Collection: Annuity Broker Qualification Declaration Form. (3) Agency form number, if any, and the applicable component of the Department sponsoring the collection: U.S. Department of Justice, Civil Division. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals. Abstract: This declaration is to be submitted annually to determine whether a broker meets the qualifications to be listed as an annuity broker pursuant to Section 111015(b) of Public Law 107–273. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 300 respondents will complete the form annually within approximately 1 hour. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual burden hours to complete the certification form is 300 hours. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: July 28, 2009. Lynn Bryant, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. E9–18426 Filed 7–31–09; 8:45 am] BILLING CODE 4410–12–P DEPARTMENT OF JUSTICE Notice of Lodging of Amendment to Consent Decrees Under the Clean Water Act Under 28 CFR 50.7, notice is hereby given that on July 28, 2009, the Department of Justice lodged with the United States District Court for the Southern District of Ohio a proposed First Amendment to the Interim Partial Consent Decree on Sanitary Sewer Overflows and Consent Decree on PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 38471 Combined Sewer Overflows, Wastewater Treatment Plants and Implementation of Capacity Assurance Program Plan (‘‘Global Decree’’), which were entered by the Court on June 9, 2009 in United States and State of Ohio v. Board of County Commissioners of Hamilton County and the City of Cincinnati, Civil Action Nos. C–1–02– 107 and C–1–02–108. The proposed First Amendment to the Consent Decrees conforms certain paragraphs of the Consent Decrees to the scheduling approach and certain other requirements set forth in the defendants’ Wet Weather Improvement Program (WWIP), which was developed pursuant to the Consent Decrees and conditionally approved by the United States, the State of Ohio, and the Ohio River Valley Water Sanitation Commission on June 5, 2009, subject to the Court’s approval of the proposed modifications to the Consent Decrees. The proposed First Amendment would change Paragraph IX.B of the Global Decree to allow a phased approach to the schedule for implementation of the program, instead of requiring a fixed end date for all projects specified in advance in the WWIP. The first phase of work is estimated to cost $1.145 billion (in 2006 dollars) and, under the proposed First Amendment, must be completed by December 31, 2018. The WWIP and the First Amendment set forth the projects that must be completed in one or more subsequent stages and the process for establishing the remainder of the schedule, which must be as expeditious as practicable. The proposed First Amendment would also make a few technical and schedule changes to specific capital improvement projects required by the Consent Decrees. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed First Amendment to the Consent Decrees. 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 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. In either case, the comments should refer to United States et al. v. Board of County Commissioners of Hamilton County and the City of Cincinnati, D.J. Ref. 90–5–1–6–341A. The First Amendment to the Consent Decrees may be examined at the Office of the United States Attorney for the Southern District of Ohio, 221 E. 4th E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38468-38471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18186]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-208 (Third Review)]


Barbed Wire and Barbless Wire Strand From Argentina

AGENCY: United States International Trade Commission.

ACTION: Institution of a five-year review concerning the antidumping 
duty order on barbed wire and barbless wire strand from Argentina.

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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 barbed wire and barbless wire strand from Argentina 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 September 2, 2009. Comments on the 
adequacy of responses may be filed with the Commission by October 19, 
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), as most 
recently amended at 74 FR 2847 (January 16, 2009).

DATES:  Effective Date: August 3, 2009.
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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. 09-5-202, 
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.

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 November 13, 1985, the Department of Commerce 
issued an antidumping duty order on imports of barbed wire and barbless 
wire strand from Argentina (50 FR 46808). Following five-year reviews 
by Commerce and the Commission, effective May 12, 1999, Commerce issued 
a continuation of the antidumping duty order on imports of barbed wire 
and barbless fencing wire from Argentina (64 FR 42653). Following 
second five-year reviews by Commerce and the Commission, effective 
September 20, 2004, Commerce issued a continuation of the antidumping 
duty order on imports of barbed wire and barbless fencing wire from 
Argentina (69 FR 56190). The Commission is now conducting a third 
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

[[Page 38469]]

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 Argentina.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and in its expedited first and second five-year review 
determinations, the Commission defined the Domestic Like Product as 
barbed wire and barbless wire strand, consistent with Commerce's sope.
    (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 and 
in its expedited first and second five-year review determinations, the 
Commission defined the Domestic Industry as producers of barbed wire 
and barbless wire strand.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the 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 has advised that a five-year review is not 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 not required to seek Commission approval to appear in a 
review under Commission rule 19 CFR 201.15, even if the corresponding 
underlying original investigation 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 September 2, 2009. 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 October 19, 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) 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

[[Page 38470]]

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 after 2003.
    (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).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2008, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (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);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2008 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2008 (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) 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
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2003, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority:  This 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.


[[Page 38471]]


    By order of the Commission.
    Issued: July 27, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-18186 Filed 7-31-09; 8:45 am]
BILLING CODE P
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