Certain Steel Grating From China; Institution of Five-Year Reviews, 31071-31073 [2015-12872]
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Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–465 and 731–
TA–1161 (Review)]
Certain Steel Grating From China;
Institution of Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted reviews
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
and countervailing duty orders on
certain steel grating from China would
be likely to lead to continuation or
recurrence of material injury. Pursuant
to 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 July 1, 2015. Comments
on the adequacy of responses may be
filed with the Commission by August
13, 2015.
DATES: Effective Date: June 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On July 23, 2010, the
Department of Commerce issued
antidumping and countervailing duty
orders on imports of certain steel grating
from China (75 FR 43143–43145), as
corrected on November 15, 2010 (75 FR
Lhorne on DSK2VPTVN1PROD with NOTICES
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. 15–5–336,
expiration date June 30, 2017. 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.
VerDate Sep<11>2014
14:50 May 29, 2015
Jkt 235001
69626). The Commission is conducting
reviews pursuant to section 751(c) of the
Act, as amended (19 U.S.C. 1675(c)) 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.
Provisions concerning the conduct of
this proceeding may be found in the
Commission’s Rules of Practice and
Procedure at 19 CFR parts 201, Subparts
A and B and 19 CFR part 207, subparts
A and F. The Commission will assess
the adequacy of interested party
responses to this notice of institution to
determine whether to conduct full 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 Country in these
reviews 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
determinations, the Commission
defined a single Domestic Like Product
as certain steel grating, 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,
the Commission defined a single
Domestic Industry as all producers of
certain steel grating. Certain
Commissioners defined the Domestic
Industry differently based on their
analysis of related party issues.
(5) The Order Date is the date that the
antidumping and countervailing duty
orders under review became effective. In
these reviews, the Order Date is July 23,
2010.
(6) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the proceeding and
public service list.—Persons, including
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31071
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the proceeding 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 proceeding.
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 or an
earlier review of the same underlying
investigation. The Commission’s
designated agency ethics official has
advised that a five-year review is not the
same particular matter as the underlying
original investigation, and a five-year
review is not the same particular matter
as an earlier review of the same
underlying 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)), 79 FR 3246 (Jan. 17, 2014),
73 FR 24609 (May 5, 2008).
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 or an earlier review of the
same underlying 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 proceeding available
to authorized applicants under the APO
issued in the proceeding, 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 proceeding. 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
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31072
Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
person submitting information to the
Commission in connection with this
proceeding 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 July 1, 2015. 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
August 13, 2015. 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 filing have changed. The most
recent amendments took effect on July
25, 2014. See 79 FR 35920 (June 25,
2014), and the revised Commission
Handbook on E-filing, available from 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 proceeding must
be served on all other parties to the
proceeding (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 proceeding 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
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14:50 May 29, 2015
Jkt 235001
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 (19 U.S.C.
1677e(b)) in making its determinations
in the reviews.
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 proceeding by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the antidumping and
countervailing duty order on the
Domestic Industry in general and/or
your firm/entity specifically. In your
response, please discuss the various
factors specified in section 752(a) of the
Act (19 U.S.C. 1675a(a)) including the
likely volume of subject imports, likely
price effects of subject imports, and
likely impact of imports of Subject
Merchandise on the Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in the Subject
Country that currently export or have
exported Subject Merchandise to the
United States or other countries since
the Order Date.
(7) 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
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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 2014, except as noted
(report quantity data in kilograms 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 2014 (report quantity data
in kilograms 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.
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(a) The quantity and value (landed,
duty-paid but not including
antidumping or countervailing 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 and/or
countervailing 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 and/or
countervailing 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 2014
(report quantity data in kilograms and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping or
countervailing 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 since the Order
Date, and significant changes, if any,
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14:50 May 29, 2015
Jkt 235001
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 proceeding 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: May 22, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–12872 Filed 5–29–15; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Safe
Drinking Water Act
On May 21, 2015, the Department of
Justice lodged a proposed consent
decree with the United States District
Court for the Southern District of New
York in the lawsuit entitled United
States v. County of Westchester, New
York, Civil Action No. 13 Civ. 5475
(NSR).
The United States filed this lawsuit
under the Safe Drinking Water Act (the
‘‘Act’’). The complaint alleges that the
County of Westchester, New York (the
‘‘Defendant’’) violated the Act by failing
to ensure that Westchester County
Water District No. 1 (‘‘Water District No.
1’’) was in compliance with the Long
Term 2 Enhanced Surface Water
Treatment Rule (the ‘‘Enhanced Water
Treatment Rule’’), a regulation
promulgated pursuant to the Act. The
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31073
Enhanced Water Treatment Rule
required certain public water systems,
including Water District No. 1, to
implement measures by April 1, 2012 to
treat water to prevent Cryptosporidium
contamination.
The proposed consent decree requires
Defendant to perform injunctive relief to
bring Water District No. 1 into
compliance with the Enhanced Water
Treatment Rule. While the injunctive
relief is being completed, the proposed
consent decree requires Defendant to
perform interim measures to provide
water that is in compliance with the
Enhanced Water Treatment Rule to
portions of Water District No. 1 for
portions of each year. In addition, the
proposed consent decree requires
Defendant to pay a civil penalty of
$1,108,771, and to perform three
supplemental environmental projects
(‘‘SEPs’’) for the benefit of the residents
of Water District No. 1. The SEPs, which
have a combined value of $691,229,
require Defendant to: (i) Increase the
number of days during which the
unused pharmaceuticals of residents of
Water District No. 1 will be accepted at
Defendant’s Household Materials
Recovery Facility or at other designated
sites; (ii) increase the number of days
during which the unused hazardous
household chemicals of residents of
Water District No. 1 will be accepted at
Defendant’s Household Materials
Recovery Facility or at other designated
sites; and (iii) purchase at least $100,000
worth of 55-gallon rain barrels for
residential collection and storage of roof
rainwater runoff, to be distributed to
residents of Water District No. 1. The
Consent Decree resolves the claims of
the United States for the violations
alleged in the complaint through the
date of lodging of the proposed consent
decree.
The publication of this notice opens
a period for public comment on the
proposed consent decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States v. County of
Westchester, New York, 13 Civ. 5475
(NSR), D.J. Ref. No. 90–5–1–1–10536.
All comments must be submitted no
later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
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Agencies
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31071-31073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12872]
[[Page 31071]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-465 and 731-TA-1161 (Review)]
Certain Steel Grating From China; 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 the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the antidumping and countervailing
duty orders on certain steel grating from China would be likely to lead
to continuation or recurrence of material injury. Pursuant to 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 July 1, 2015.
Comments on the adequacy of responses may be filed with the Commission
by August 13, 2015.
---------------------------------------------------------------------------
\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. 15-5-336,
expiration date June 30, 2017. 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: June 1, 2015.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(https://www.usitc.gov). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On July 23, 2010, the Department of Commerce issued
antidumping and countervailing duty orders on imports of certain steel
grating from China (75 FR 43143-43145), as corrected on November 15,
2010 (75 FR 69626). The Commission is conducting reviews pursuant to
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)) 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. Provisions concerning the conduct
of this proceeding may be found in the Commission's Rules of Practice
and Procedure at 19 CFR parts 201, Subparts A and B and 19 CFR part
207, subparts A and F. The Commission will assess the adequacy of
interested party responses to this notice of institution to determine
whether to conduct full 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 Country in these reviews 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
determinations, the Commission defined a single Domestic Like Product
as certain steel grating, 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, the
Commission defined a single Domestic Industry as all producers of
certain steel grating. Certain Commissioners defined the Domestic
Industry differently based on their analysis of related party issues.
(5) The Order Date is the date that the antidumping and
countervailing duty orders under review became effective. In these
reviews, the Order Date is July 23, 2010.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding 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 proceeding 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 proceeding.
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 or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying 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)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). 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 or
an earlier review of the same underlying 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 proceeding available to authorized
applicants under the APO issued in the proceeding, 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 proceeding. 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
[[Page 31072]]
person submitting information to the Commission in connection with this
proceeding 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 July 1, 2015. 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 August 13, 2015. 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 filing have
changed. The most recent amendments took effect on July 25, 2014. See
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from 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
proceeding must be served on all other parties to the proceeding (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 proceeding 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 (19 U.S.C. 1677e(b)) in
making its determinations in the reviews.
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 proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping and countervailing duty order on the Domestic Industry in
general and/or your firm/entity specifically. In your response, please
discuss the various factors specified in section 752(a) of the Act (19
U.S.C. 1675a(a)) including the likely volume of subject imports, likely
price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since the Order
Date.
(7) 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 2014, except as noted (report quantity
data in kilograms 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 2014 (report quantity data in kilograms
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.
[[Page 31073]]
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing 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
and/or countervailing 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
and/or countervailing 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 2014 (report quantity
data in kilograms and value data in U.S. dollars, landed and duty-paid
at the U.S. port but not including antidumping or countervailing
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 since the Order Date, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Country, and such merchandise from
other countries.
(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 proceeding 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: May 22, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-12872 Filed 5-29-15; 8:45 am]
BILLING CODE 7020-02-P