Woven Electric Blankets From China; Institution of a Five-Year Review, 37658-37661 [2015-16006]
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6. What portion of the accused
devices is allegedly covered by the
asserted claims? Do the patents in
question relate to relatively minor
features of the accused devices?
7. Please state and explain your
position on the legal significance of
InterDigital’s alleged willingness to
accept an arbitral determination of
FRAND terms with respect to the
patents in question.
8. Please state and explain your
position on the legal significance of
InterDigital’s alleged unwillingness to
obtain a judicial determination of
FRAND terms with respect to the
patents in question.
9. Please state and explain your
position on whether Respondents have
shown themselves willing to take
licenses to the patents in question on
FRAND terms.
10. Do Respondents’ alleged delaying
tactics in negotiating with InterDigital
provide sufficient evidence of reverse
hold-up, regardless of Respondents’
offers to license only InterDigital’s U.S.
patent portfolio?
11. Do Respondents’ licensing
counteroffers satisfy the requirements of
the ETSI IPR Policy?
12. Please state and explain your
position on whether the RID equates
patent infringement and reverse holdup.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) being
required to cease and desist from
engaging in unfair acts in the
importation and sale of such articles.
Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or are likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (Dec. 1994) (Commission
Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
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orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding issued in the
original investigation on August 14,
2009. Complainant and OUII are
requested to submit proposed remedial
orders for the Commission’s
consideration and to provide
identification information for all
importers of the subject articles.
Complainant and OUII are also
requested to state the dates that the
patents expire and the HTSUS numbers
under which the accused products are
imported. The written submissions and
proposed remedial orders must be filed
no later than close of business on July
10, 2015. Initial submissions are limited
to 125 pages, not including any
attachments or exhibits related to
discussion of the public interest. Reply
submissions must be filed no later than
the close of business on July 20, 2015.
Reply submissions are limited to 75
pages, not including any attachments or
exhibits related to discussion of the
public interest. The parties may not
incorporate by reference their prior
filings before the ALJ or the
Commission. No further submissions on
these issues will be permitted unless
otherwise ordered by the Commission.
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Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–613 REMAND’’) in a prominent
place on the cover page and/or the first
page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: June 25, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–16116 Filed 6–30–15; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1163 (Review)]
Woven Electric Blankets From China;
Institution of a Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted a review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
SUMMARY:
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duty order on woven electric blankets
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 31, 2015.
Comments on the adequacy of responses
may be filed with the Commission by
September 15, 2015.
DATES: Effective Date: July 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Michael Szustakowski (202–2205–
3169), 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 August 18, 2010, the
Department of Commerce issued an
antidumping duty order on imports of
woven electric blankets from China (75
FR 50991). The Commission is
conducting a review pursuant to section
751(c) of the Act, as amended (19 U.S.C.
1675(c)), 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.
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 a full
review or an expedited review. The
Commission’s determination in any
expedited review will be based on the
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. 15–5–338,
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.
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facts available, which may include
information provided in response to this
notice.
Definitions. The following definitions
apply to this review:
(1) Subject Merchandise is the class or
kind of merchandise that is within the
scope of the five-year review, as defined
by the Department of Commerce.
(2) The Subject Country in this review
is China.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determination, the Commission defined
a single Domestic Like Product
comprising finished, semi-finished, and
unassembled woven electric blankets
including woven electric blankets
commonly referred to as throws, of all
sizes and fabric types, whether made of
man-made fiber, natural fiber or a blend
of both, as is 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 to include the known
domestic producer of the Domestic Like
Product.
(5) The Order Date is the date that the
antidumping duty order under review
became effective. In this review, the
Order Date is August 18, 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 § 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
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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
§ 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 § 207.3 of
the Commission’s rules, any 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.
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Written submissions. Pursuant to
§ 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 31, 2015. Pursuant to
§ 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 September 15, 2015. All
written submissions must conform with
the provisions of §§ 201.8 and 207.3 of
the Commission’s rules and any
submissions that contain BPI must also
conform with the requirements of
§§ 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
§§ 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 § 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 determination in
the review.
Information To Be Provided In
Response To This Notice of Institution:
As used below, the term ‘‘firm’’ includes
any related firms.
(1) The name and address of your firm
or entity (including World Wide Web
address) and name, telephone number,
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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 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 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
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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 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 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
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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 units and value
data in U.S. dollars, landed and dutypaid 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
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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 § 207.61 of the Commission’s
rules.
By order of the Commission.
Issued: June 25, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–16006 Filed 6–30–15; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1059 (Second
Review)]
Hand Trucks From China; Scheduling
of an Expedited Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of an expedited
review pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
revocation of the antidumping duty
order on hand trucks from China would
be likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.
DATES: Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT:
Keysha Martinez (202–205–2136), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. On June 5, 2015, the
Commission determined that the
SUMMARY:
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37661
domestic interested party group
response to its notice of institution (80
FR 11226, March 2, 2015) of the subject
five-year review was adequate and that
the respondent interested party group
response was inadequate. The
Commission did not find any other
circumstances that would warrant
conducting a full review.1 Accordingly,
the Commission determined that it
would conduct an expedited review
pursuant to section 751(c)(3) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
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 and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report. A staff report containing
information concerning the subject
matter of the review was placed in the
nonpublic record on June 19, 2015, and
made available to persons on the
Administrative Protective Order service
list for this review. A public version
will be issued thereafter, pursuant to
section 207.62(d)(4) of the
Commission’s rules.
Written submissions. As provided in
section 207.62(d) of the Commission’s
rules, interested parties that are parties
to the review and that have provided
individually adequate responses to the
notice of institution,2 and any party
other than an interested party to the
review may file written comments with
the Secretary on what determination the
Commission should reach in the review.
Comments are due on or before July 6,
2015, and may not contain new factual
information. Any person that is neither
a party to the five-year review nor an
interested party may submit a brief
written statement (which shall not
contain any new factual information)
pertinent to the review by July 6, 2015.
However, should the Department of
Commerce extend the time limit for its
completion of the final results of its
review, the deadline for comments
(which may not contain new factual
information) on Commerce’s final
results is three business days after the
issuance of Commerce’s results. If
comments contain business proprietary
information (BPI), they must conform
1 A record of the Commissioners’ votes, the
Commission’s statement on adequacy, and any
individual Commissioner’s statements will be
available from the Office of the Secretary and at the
Commission’s Web site.
2 The Commission has found the responses
submitted by Gleason Industrial Products, Inc. and
Precision Products, Inc. to be individually
adequate. Comments from other interested parties
will not be accepted (see 19 CFR 207.62(d)(2)).
E:\FR\FM\01JYN1.SGM
01JYN1
Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37658-37661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16006]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1163 (Review)]
Woven Electric Blankets From China; Institution of a Five-Year
Review
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 the Tariff Act of 1930 (``the Act''), as amended, to
determine whether revocation of the antidumping
[[Page 37659]]
duty order on woven electric blankets 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 31, 2015.
Comments on the adequacy of responses may be filed with the Commission
by September 15, 2015.
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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. 15-5-338,
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.
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DATES: Effective Date: July 1, 2015.
FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-2205-3169),
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 August 18, 2010, the Department of Commerce issued
an antidumping duty order on imports of woven electric blankets from
China (75 FR 50991). The Commission is conducting a review pursuant to
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), 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. 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 a full review or an expedited review. The Commission's
determination in any expedited review will be based on the facts
available, which may include information provided in response to this
notice.
Definitions. The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination, the Commission defined a single Domestic Like Product
comprising finished, semi-finished, and unassembled woven electric
blankets including woven electric blankets commonly referred to as
throws, of all sizes and fabric types, whether made of man-made fiber,
natural fiber or a blend of both, as is 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 to include the known
domestic producer of the Domestic Like Product.
(5) The Order Date is the date that the antidumping duty order
under review became effective. In this review, the Order Date is August
18, 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 Sec. 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 Sec.
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 Sec. 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 Sec. 207.3 of the Commission's rules,
any 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.
[[Page 37660]]
Written submissions. Pursuant to Sec. 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 31, 2015. Pursuant to Sec. 207.62(b) of the Commission's rules,
eligible parties (as specified in Commission rule Sec. 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
September 15, 2015. All written submissions must conform with the
provisions of Sec. Sec. 201.8 and 207.3 of the Commission's rules and
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 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 Sec. Sec. 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 Sec.
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 determination in the review.
Information To Be Provided In Response To This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding 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 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 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 2014 (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 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
[[Page 37661]]
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 units 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 Sec. 207.61 of the Commission's rules.
By order of the Commission.
Issued: June 25, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-16006 Filed 6-30-15; 8:45 am]
BILLING CODE 7020-02-P