Silicon Metal From China; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Silicon Metal From China, 67476-67478 [2011-27932]
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67476
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Notices
Issued: October 24, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–27937 Filed 10–31–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–472 (Third
Review)]
Silicon Metal From China; Institution of
a Five-Year Review Concerning the
Antidumping Duty Order on Silicon
Metal From China
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
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 silicon
metal 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 1, 2011.
Comments on the adequacy of responses
may be filed with the Commission by
January 13, 2012. 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: November 1,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
srobinson on DSK4SPTVN1PROD with NOTICES
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
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. 12–5–259,
expiration date June 30, 2014. 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.
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17:04 Oct 31, 2011
Jkt 226001
(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 it Internet s server (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On June 10, 1991, the
Department of Commerce (‘‘Commerce’’)
issued an antidumping duty order on
imports of silicon metal from China (56
FR 26649). Following first five-year
reviews by Commerce and the
Commission, effective February 16,
2001, Commerce issued a continuation
of the antidumping duty order on
imports of silicon metal from China (66
FR 10669). Following second five-year
reviews by Commerce and the
Commission, effective December 21,
2006, Commerce issued a continuation
of the antidumping duty order on
imports of silicon metal from China (71
FR 76636). 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 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 defined
the Domestic Like Product as silicon
metal, regardless of grade, having a
silicon content of at least 96.00 percent
but less than 99.99 percent of silicon by
weight, and excluding semiconductor
grade silicon, corresponding to
Commerce’s scope. In its full first and
second five-year review determinations,
the Commission defined the Domestic
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Like Product as all silicon metal,
regardless of grade, corresponding to
Commerce’s current scope of the order.
(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 the
Domestic Like Product. In its full first
and second five-year review
determinations, the Commission
defined the Domestic Industry as all
domestic producers of silicon metal.
(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
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srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Notices
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 1, 2011.
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 13,
2012. 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)
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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 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
subject imports, and likely impact of
imports of Subject Merchandise on the
Domestic Industry.
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67477
(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
2005.
(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 Email 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 2010, 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
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67478
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Notices
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 2010 (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 2010
(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;
(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
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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 2005, 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.
By order of the Commission.
Issued: October 24, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–27932 Filed 10–31–11; 8:45 am]
BILLING CODE 7020–02–P
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0047]
Bloodborne Pathogens Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
specified in the Bloodborne Pathogens
Standard (29 CFR 1910.1030). The
information collection requirements
specified in the Bloodborne Pathogens
Standard provide employers and
workers with means to provide
protection from adverse health effects
associated with occupational exposure
to bloodborne pathogens.
DATES: Comments must be submitted
(postmarked, sent, or received) by
January 3, 2012.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2010–0047, U.S. Department of
Labor, Occupational Safety and Health
Administration, Room N–2625, 200
Constitution Avenue NW., Washington,
DC 20210. Deliveries (hand, express
mail, messenger, and courier service)
are accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
E.T.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2010–
0047). All comments, including any
personal information you provide, are
placed in the public docket without
change and may be made available
online at https://www.regulations.gov.
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67476-67478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27932]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-472 (Third Review)]
Silicon Metal From China; Institution of a Five-Year Review
Concerning the Antidumping Duty Order on Silicon Metal From China
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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 silicon metal 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 1, 2011. Comments on the adequacy of responses
may be filed with the Commission by January 13, 2012. 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).
---------------------------------------------------------------------------
\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. 12-5-259,
expiration date June 30, 2014. 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 1, 2011.
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 it Internet
s server (https://www.usitc.gov). The public record for this review may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On June 10, 1991, the Department of Commerce
(``Commerce'') issued an antidumping duty order on imports of silicon
metal from China (56 FR 26649). Following first five-year reviews by
Commerce and the Commission, effective February 16, 2001, Commerce
issued a continuation of the antidumping duty order on imports of
silicon metal from China (66 FR 10669). Following second five-year
reviews by Commerce and the Commission, effective December 21, 2006,
Commerce issued a continuation of the antidumping duty order on imports
of silicon metal from China (71 FR 76636). 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 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 defined the Domestic Like Product as
silicon metal, regardless of grade, having a silicon content of at
least 96.00 percent but less than 99.99 percent of silicon by weight,
and excluding semiconductor grade silicon, corresponding to Commerce's
scope. In its full first and second five-year review determinations,
the Commission defined the Domestic Like Product as all silicon metal,
regardless of grade, corresponding to Commerce's current scope of the
order.
(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 the
Domestic Like Product. In its full first and second five-year review
determinations, the Commission defined the Domestic Industry as all
domestic producers of silicon metal.
(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
[[Page 67477]]
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 1, 2011. 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 13, 2012. 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 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
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 2005.
(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 Email 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 2010, 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
[[Page 67478]]
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 2010 (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 2010 (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;
(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 2005, 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.
By order of the Commission.
Issued: October 24, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-27932 Filed 10-31-11; 8:45 am]
BILLING CODE 7020-02-P
