Certain Folding Metal Tables and Chairs From China; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Certain Folding Metal Tables and Chairs From China, 59975-59978 [2012-23801]
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Notices
(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 2011, 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 2011 (report quantity data
in short tons and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
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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 2011
(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(s)
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 2006, and
significant changes, if any, that are
likely to occur within a reasonably
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59975
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.
Issued: September 24, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–23793 Filed 9–28–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–932 (Second
Review)]
Certain Folding Metal Tables and
Chairs From China; Institution of a
Five-Year Review Concerning the
Antidumping Duty Order on Certain
Folding Metal Tables and Chairs 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 certain
folding metal tables and chairs 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
SUMMARY:
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the information specified below to the
Commission; 1 to be assured of
consideration, the deadline for
responses is October 31, 2012.
Comments on the adequacy of responses
may be filed with the Commission by
December 14, 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: October 1, 2012.
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 at 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 June 27, 2002, the
Department of Commerce issued an
antidumping duty order on imports of
certain folding metal tables and chairs
from China (67 FR 43277). Following
the five-year reviews by Commerce and
the Commission, effective November 6,
2007, Commerce issued a continuation
of the antidumping duty order on
imports of certain folding metal tables
and chairs from China (72 FR 62626).
The Commission is now conducting a
second 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
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. 13–5–275,
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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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
investigation and its expedited first fiveyear review, the Commission found two
Domestic Like Products consisting of
certain folding metal chairs and certain
folding metal tables, which, considered
together, were coextensive with
Commerce’s scope.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determination
and its expedited first five-year review,
the Commission defined the Domestic
Industry for folding metal chairs to
include all producers of folding metal
chairs in the United States, and the
Domestic Industry for certain folding
metal tables to include all producers of
certain folding metal tables in the
United States.
(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
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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
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this notice must provide the information
specified below. The deadline for filing
such responses is October 31, 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 an
expedited or full review. The deadline
for filing such comments is December
14, 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
be aware that the Commission’s rules
with respect to electronic filing have
been amended. The amendments took
effect on November 7, 2011. See 76 FR
61937 (Oct. 6, 2011) and the newly
revised Commission’s Handbook on EFiling, 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 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:
Please provide the requested
information separately for each
Domestic Like Product, as defined by
the Commission in its determinations,
and for each of the products identified
by Commerce as Subject Merchandise.
As used below, the term ‘‘firm’’ includes
any related firms.
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(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
2006.
(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 2011, except as noted
(report quantity data in units and value
data in U.S. dollars, f.o.b. plant). If you
are a union/worker group or trade/
PO 00000
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59977
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 2011 (report quantity data
in units 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
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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 2011
(report quantity data in units and value
data in U.S. dollars, landed and dutypaid 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(s)
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 2006, 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
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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.
Issued: September 24, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–23801 Filed 9–28–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Optoelectronic Devices
for Fiber Optic Communications,
Components Thereof, and Products
Containing Same, DN 2916 the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing under
section 210.8(b) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.8(b)).
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Acting Secretary to the
Commission, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2000. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and will be
available for inspection during official
business hours (8:45 a.m. to 5:15 p.m.)
in the Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (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 investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. Hearingimpaired persons are advised that
SUMMARY:
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information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
and a submission pursuant to section
210.8(b) of the Commission’s Rules of
Practice and Procedure filed on behalf
of Avago Technologies Fiber IP
(Singapore) Pte. Ltd., Avago
Technologies General IP (Singapore)
Pte. Ltd. and Avago Technologies U.S.
Inc. on September 25, 2012. The
complaint alleges violations of section
337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain optoelectronic
devices for fiber optic communications,
components thereof, and products
containing the same. The complaint
names as respondents Iptronics A/S of
Denmark, Iptronics Inc. of Menlo Park,
CA, FCI USA LLC of Etters, PA, FCI
Deutschland Gmbh of Germany, FCI SA
of France, Mellanox Technologies, Inc.
of Sunnyvale, CA and Mellanox
Technologies, Ltd. of Israel.
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or section 210.8(b) filing. Comments
should address whether issuance of the
relief specifically requested by the
complainant in this investigation would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) Identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) Indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59975-59978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23801]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-932 (Second Review)]
Certain Folding Metal Tables and Chairs From China; Institution
of a Five-Year Review Concerning the Antidumping Duty Order on Certain
Folding Metal Tables and Chairs From China
AGENCY: United States International Trade Commission.
ACTION: Notice.
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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 certain folding metal tables and chairs 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
[[Page 59976]]
the information specified below to the Commission; \1\ to be assured of
consideration, the deadline for responses is October 31, 2012. Comments
on the adequacy of responses may be filed with the Commission by
December 14, 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).
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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. 13-5-275,
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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DATES: Effective Date: October 1, 2012.
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 at 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 June 27, 2002, the Department
of Commerce issued an antidumping duty order on imports of certain
folding metal tables and chairs from China (67 FR 43277). Following the
five-year reviews by Commerce and the Commission, effective November 6,
2007, Commerce issued a continuation of the antidumping duty order on
imports of certain folding metal tables and chairs from China (72 FR
62626). The Commission is now conducting a second 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
investigation and its expedited first five-year review, the Commission
found two Domestic Like Products consisting of certain folding metal
chairs and certain folding metal tables, which, considered together,
were coextensive with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination and
its expedited first five-year review, the Commission defined the
Domestic Industry for folding metal chairs to include all producers of
folding metal chairs in the United States, and the Domestic Industry
for certain folding metal tables to include all producers of certain
folding metal tables in the United States.
(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
[[Page 59977]]
this notice must provide the information specified below. The deadline
for filing such responses is October 31, 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 an expedited or full review. The deadline for
filing such comments is December 14, 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 be aware that the Commission's rules with
respect to electronic filing have been amended. The amendments took
effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the
newly revised Commission's Handbook on E-Filing, 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 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: Please provide the requested information separately for
each Domestic Like Product, as defined by the Commission in its
determinations, and for each of the products identified by Commerce as
Subject Merchandise. 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 2006.
(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 2011, except as noted (report quantity
data in units 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 2011 (report quantity data in units 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
[[Page 59978]]
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 2011 (report quantity
data in units 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(s) 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 2006, 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.
Issued: September 24, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-23801 Filed 9-28-12; 8:45 am]
BILLING CODE 7020-02-P
