Stainless Steel Bar From Brazil, India, Japan, and Spain; Institution of Five-Year Reviews, 74807-74809 [2011-30664]
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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices
P.O. Box 25007, Denver, Colorado
80225.
INTERNATIONAL TRADE
COMMISSION
Section
426.20 of the Regulations provides that
we will assess districts administrative
costs if: (1) A district delivers
Reclamation irrigation water to land that
was ineligible because a landholder did
not submit Reclamation Reform Act of
1982 certification or reporting forms to
the district prior to receipt of the
Reclamation irrigation water, (2) a
district does not provide us with
corrected landholder certification or
reporting forms within 60 calendar days
of our request for corrections, or (3) a
district delivers Reclamation irrigation
water to ineligible excess land. Section
426.20(e) sets the original amount of the
administrative cost assessment at $260.
The amount is based on the additional
costs we incur to perform activities to
address the problems described in the
first sentence of this paragraph. Section
426.20(e) further provides that we will
review the associated costs at least once
every 5 years and adjust the assessment
amount, if needed, to reflect new cost
data.
The regulatory provisions for the
administrative costs assessment became
effective on March 27, 1995. Previous
regular reviews of the administrative
cost assessment resulted in the amount
remaining the same, or increasing (once,
from $260 to $290). This year, the
regular review of cost data for 2006–
2010 shows the administrative cost
assessment needs to be adjusted from
$290 to $230. The next regular review
of cost data will take place in 2016,
evaluating the cost data for 2011–2015.
The new amount of the administrative
costs assessment becomes effective on
January 1, 2012. However, application
will be based on the date Reclamation
actually finds and documents the forms
or excess land problem in question.
Specifically, if after January 1, 2012, we
find a forms or excess land problem
described in 43 CFR 426.20, the amount
of the administrative costs assessment
will be $230. This will be the case even
if the problem occurred prior to January
1, 2012. For problems we find prior to
January 1, 2012, the amount of the
administrative costs assessment will
remain at $290.
[Investigation Nos. 731–TA–678–679 and
681–682 (Third Review)]
emcdonald on DSK5VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Roseann Gonzales,
Director, Policy and Administration, Denver
Office.
[FR Doc. 2011–30880 Filed 11–30–11; 8:45 am]
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Stainless Steel Bar From Brazil, India,
Japan, and Spain; Institution of FiveYear Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted reviews
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the Act)
to determine whether revocation of the
antidumping duty orders on stainless
steel bar from Brazil, India, Japan, and
Spain 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 January 3, 2012. Comments
on the adequacy of responses may be
filed with the Commission by February
10, 2012. For further information
concerning the conduct of these reviews
and rules of general application, consult
the Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207), as most recently amended at 76 FR
61937 (October 6, 2011).
DATES: Effective Date: December 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. 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
SUMMARY:
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. 12–5–262,
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.
PO 00000
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74807
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. On February 21, 1995, the
Department of Commerce issued
antidumping duty orders on imports of
stainless steel bar from Brazil, India,
and Japan (60 FR 9661). On March 2,
1995, the Department of Commerce
issued an antidumping duty order on
imports of stainless steel bar from Spain
(60 FR 11656). Following first five-year
reviews by Commerce and the
Commission, effective April 18, 2001,
Commerce issued a continuation of the
antidumping duty orders on imports of
stainless steel bar from Brazil, India,
Japan, and Spain (66 FR 19919).
Following second five-year reviews by
Commerce and the Commission,
effective January 23, 2007, Commerce
issued a continuation of the
antidumping duty orders on imports of
stainless steel bar from Brazil, India,
Japan, and Spain (72 FR 2858). The
Commission is now conducting third
reviews to determine whether
revocation of the orders would be likely
to lead to continuation or recurrence of
material injury to the domestic industry
within a reasonably foreseeable time. It
will assess the adequacy of interested
party responses to this notice of
institution to determine whether to
conduct full reviews or expedited
reviews. The Commission’s
determinations in any expedited
reviews will be based on the facts
available, which may include
information provided in response to this
notice.
Definitions. The following definitions
apply to these reviews:
(1) Subject Merchandise is the class or
kind of merchandise that is within the
scope of the five-year reviews, as
defined by the Department of
Commerce.
(2) The Subject Countries in these
reviews are Brazil, India, Japan, and
Spain.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determinations and its full first and
second five-year review determinations,
the Commission defined the Domestic
Like Product as all stainless steel bar
coextensive with the scope definition.
One Commissioner defined the
Domestic Like Product differently in the
original determinations.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices
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 determinations
and its full first and second five-year
review determinations, the Commission
defined the Domestic Industry as
domestic producers of stainless steel
bar. One Commissioner defined the
Domestic Industry differently in the
original determinations.
(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 reviews and
public service list. Persons, including
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the reviews as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11(b)(4) of the
Commission’s rules, no later than 21
days after publication of this notice in
the Federal Register. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the reviews.
Former Commission employees who
are seeking to appear in Commission
five-year reviews are 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)
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Jkt 226001
and APO service list. Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
submitted in these reviews available to
authorized applicants under the APO
issued in the reviews, provided that the
application is made no later than 21
days after publication of this notice in
the Federal Register. Authorized
applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9),
who are parties to the reviews. A
separate service list will be maintained
by the Secretary for those parties
authorized to receive BPI under the
APO.
Certification. Pursuant to section
207.3 of the Commission’s rules, any
person submitting information to the
Commission in connection with these
reviews must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will be deemed to consent, unless
otherwise specified, for the
Commission, its employees, and
contract personnel to use the
information provided in any other
reviews or investigations of the same or
comparable products which the
Commission conducts under Title VII of
the Act, or in internal audits and
investigations relating to the programs
and operations of the Commission
pursuant to 5 U.S.C. Appendix 3.
Written submissions. Pursuant to
section 207.61 of the Commission’s
rules, each interested party response to
this notice must provide the information
specified below. The deadline for filing
such responses is January 3, 2012.
Pursuant to section 207.62(b) of the
Commission’s rules, eligible parties (as
specified in Commission rule
207.62(b)(1)) may also file comments
concerning the adequacy of responses to
the notice of institution and whether the
Commission should conduct expedited
or full reviews. The deadline for filing
such comments is February 10, 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. Please consult the
Commission’s rules, as amended, 76 FR
61937 (Oct. 6, 2011) and the
Commission’s Handbook on Filing
Procedures, 76 FR 62092 (Oct. 6, 2011),
available on the Commission’s web site
at https://edis.usitc.gov. Also, in
accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the reviews
must be served on all other parties to
the reviews (as identified by either the
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public or APO service list as
appropriate), and a certificate of service
must accompany the document (if you
are not a party to the reviews you do not
need to serve your response).
Inability to provide requested
information. Pursuant to section
207.61(c) of the Commission’s rules, any
interested party that cannot furnish the
information requested by this notice in
the requested form and manner shall
notify the Commission at the earliest
possible time, provide a full explanation
of why it cannot provide the requested
information, and indicate alternative
forms in which it can provide
equivalent information. If an interested
party does not provide this notification
(or the Commission finds the
explanation provided in the notification
inadequate) and fails to provide a
complete response to this notice, the
Commission may take an adverse
inference against the party pursuant to
section 776(b) of the Act in making its
determinations in the reviews.
Information To Be Provided In
Response to This Notice of Institution: If
you are a domestic producer, union/
worker group, or trade/business
association; import/export Subject
Merchandise from more than one
Subject Country; or produce Subject
Merchandise in more than one Subject
Country, you may file a single response.
If you do so, please ensure that your
response to each question includes the
information requested for each pertinent
Subject Country. As used below, the
term ‘‘firm’’ includes any related firms.
(1) The name and address of your firm
or entity (including World Wide Web
address) and name, telephone number,
fax number, and Email address of the
certifying official.
(2) A statement indicating whether
your firm/entity is a U.S. producer of
the Domestic Like Product, a U.S. union
or worker group, a U.S. importer of the
Subject Merchandise, a foreign producer
or exporter of the Subject Merchandise,
a U.S. or foreign trade or business
association, or another interested party
(including an explanation). If you are a
union/worker group or trade/business
association, identify the firms in which
your workers are employed or which are
members of your association.
(3) A statement indicating whether
your firm/entity is willing to participate
in these reviews by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the antidumping duty
orders on the Domestic Industry in
general and/or your firm/entity
specifically. In your response, please
discuss the various factors specified in
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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices
section 752(a) of the Act (19 U.S.C.
1675a(a)) including the likely volume of
subject imports, likely price effects of
subject imports, and likely impact of
imports of Subject Merchandise on the
Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in each Subject
Country that currently export or have
exported Subject Merchandise to the
United States or other countries 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
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17:34 Nov 30, 2011
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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(ies), 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 each 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 each
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 each 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(ies), 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 each Subject Country accounted for
by your firm’s(s’) production;
(b) Capacity (quantity) of your firm to
produce the Subject Merchandise in
each Subject Country (i.e., the level of
production that your establishment(s)
could reasonably have expected to
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74809
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 each 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
each 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 each 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: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
Issued: November 22, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–30664 Filed 11–30–11; 8:45 am]
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Agencies
[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74807-74809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30664]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-678-679 and 681-682 (Third Review)]
Stainless Steel Bar From Brazil, India, Japan, and Spain;
Institution of Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the antidumping
duty orders on stainless steel bar from Brazil, India, Japan, and Spain
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 January 3, 2012. Comments on the adequacy
of responses may be filed with the Commission by February 10, 2012. For
further information concerning the conduct of these reviews and rules
of general application, consult the Commission's Rules of Practice and
Procedure, part 201, subparts A through E (19 CFR part 201), and part
207, subparts A, D, E, and F (19 CFR part 207), as most recently
amended at 76 FR 61937 (October 6, 2011).
---------------------------------------------------------------------------
\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. 12-5-262,
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: December 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 its
Internet server (https://www.usitc.gov). The public record for these
reviews may be viewed on the Commission's electronic docket (EDIS) at
https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Background. On February 21, 1995, the
Department of Commerce issued antidumping duty orders on imports of
stainless steel bar from Brazil, India, and Japan (60 FR 9661). On
March 2, 1995, the Department of Commerce issued an antidumping duty
order on imports of stainless steel bar from Spain (60 FR 11656).
Following first five-year reviews by Commerce and the Commission,
effective April 18, 2001, Commerce issued a continuation of the
antidumping duty orders on imports of stainless steel bar from Brazil,
India, Japan, and Spain (66 FR 19919). Following second five-year
reviews by Commerce and the Commission, effective January 23, 2007,
Commerce issued a continuation of the antidumping duty orders on
imports of stainless steel bar from Brazil, India, Japan, and Spain (72
FR 2858). The Commission is now conducting third reviews to determine
whether revocation of the orders would be likely to lead to
continuation or recurrence of material injury to the domestic industry
within a reasonably foreseeable time. It will assess the adequacy of
interested party responses to this notice of institution to determine
whether to conduct full reviews or expedited reviews. The Commission's
determinations in any expedited reviews will be based on the facts
available, which may include information provided in response to this
notice.
Definitions. The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Brazil, India,
Japan, and Spain.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations and its full first and second five-year review
determinations, the Commission defined the Domestic Like Product as all
stainless steel bar coextensive with the scope definition. One
Commissioner defined the Domestic Like Product differently in the
original determinations.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic
[[Page 74808]]
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 determinations and
its full first and second five-year review determinations, the
Commission defined the Domestic Industry as domestic producers of
stainless steel bar. One Commissioner defined the Domestic Industry
differently in the original determinations.
(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 reviews and public service list. Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
Former Commission employees who are seeking to appear in Commission
five-year reviews are 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 these reviews available to authorized applicants under
the APO issued in the reviews, provided that the application is made no
later than 21 days after publication of this notice in the Federal
Register. Authorized applicants must represent interested parties, as
defined in 19 U.S.C. 1677(9), who are parties to the reviews. A
separate service list will be maintained by the Secretary for those
parties authorized to receive BPI under the APO.
Certification. Pursuant to section 207.3 of the Commission's rules,
any person submitting information to the Commission in connection with
these reviews must certify that the information is accurate and
complete to the best of the submitter's knowledge. In making the
certification, the submitter will be deemed to consent, unless
otherwise specified, for the Commission, its employees, and contract
personnel to use the information provided in any other reviews or
investigations of the same or comparable products which the Commission
conducts under Title VII of the Act, or in internal audits and
investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions. Pursuant to section 207.61 of the Commission's
rules, each interested party response to this notice must provide the
information specified below. The deadline for filing such responses is
January 3, 2012. Pursuant to section 207.62(b) of the Commission's
rules, eligible parties (as specified in Commission rule 207.62(b)(1))
may also file comments concerning the adequacy of responses to the
notice of institution and whether the Commission should conduct
expedited or full reviews. The deadline for filing such comments is
February 10, 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.
Please consult the Commission's rules, as amended, 76 FR 61937 (Oct. 6,
2011) and the Commission's Handbook on Filing Procedures, 76 FR 62092
(Oct. 6, 2011), available on the Commission's web site at https://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3
of the Commission's rules, each document filed by a party to the
reviews must be served on all other parties to the reviews (as
identified by either the public or APO service list as appropriate),
and a certificate of service must accompany the document (if you are
not a party to the reviews you do not need to serve your response).
Inability to provide requested information. Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information To Be Provided In Response to This Notice of
Institution: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in
[[Page 74809]]
section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely
volume of subject imports, likely price effects of subject imports, and
likely impact of imports of Subject Merchandise on the Domestic
Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries 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 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(ies), 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 each
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 each 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 each 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(ies), 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 each Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Subject
Merchandise in each 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 each 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 each 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 each 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: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
Issued: November 22, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-30664 Filed 11-30-11; 8:45 am]
BILLING CODE 7020-02-P