Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam Institution of five-year reviews, 10659-10662 [2016-04163]
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
product during calendar year 2015
(report quantity data in pounds and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping duties). If you
are a trade/business association, provide
the information, on an aggregate basis,
for the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in each Subject Country accounted for
by your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
each Subject Country (i.e., the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country after 2009, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
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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: February 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–04164 Filed 2–29–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1063–1064 and
1066–1068 (Second Review)]
Frozen Warmwater Shrimp from Brazil,
China, India, Thailand, and Vietnam
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
duty orders on frozen warmwater
shrimp from Brazil, China, India,
Thailand, and Vietnam 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 March 31, 2016. Comments
on the adequacy of responses may be
filed with the Commission by May 13,
2016.
DATES: Effective: March 1, 2016.
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
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. 16–5–352,
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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10659
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 February 1, 2005,
the Department of Commerce
(‘‘Commerce’’) issued antidumping duty
orders on imports of frozen warmwater
shrimp from Brazil, China, India,
Thailand, and Vietnam (70 FR 5143–
5156). Following the five-year reviews
by Commerce and the Commission,
effective April 29, 2011, Commerce
issued a continuation of the
antidumping duty orders on imports of
frozen warmwater shrimp from Brazil,
China, India, Thailand, and Vietnam (76
FR 23972). The Commission is now
conducting second 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 Countries in these
reviews are Brazil, China, India,
Thailand, and Vietnam.
(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
affirmative determinations and its full
first five-year review determinations,
the Commission defined the Domestic
Like Product to consist of fresh
warmwater shrimp and prawns and
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those frozen warmwater shrimp and
prawn products defined in Commerce’s
scope definition. Certain Commissioners
defined the Domestic Like Product
differently in the original
determinations.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
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 affirmative
determinations and its full first five-year
review determinations, the Commission
defined the Domestic Industry to consist
of: (1) All entities that harvest fresh
warmwater shrimp (i.e., fishermen and
shrimp farmers) and (2) all processors of
frozen shrimp products within the
scope definition except for firms that do
not engage in sufficient productionrelated activities to be considered
domestic producers.2 In addition, five
firms were excluded by the Commission
from the Domestic Industry pursuant to
the related parties provision in the
original determinations and one firm
was excluded in the full first five-year
review determinations.
(5) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the 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
2 The Commission found that processing
activities such as deheading, grading, machine
peeling, deveining, and cooking all constitute
domestic production but that marinating and
skewering do not constitute domestic production.
The Commission also concluded that breading did
not constitute domestic production activity because
breaded shrimp was not part of the Domestic Like
Product.
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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
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
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this notice must provide the information
specified below. The deadline for filing
such responses is March 31, 2016.
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 May 13, 2016. All
written submissions must conform with
the provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s
Web site at https://edis.usitc.gov,
elaborates upon the Commission’s rules
with respect to electronic filing. 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:—If you are a domestic
producer, union/worker group, or trade/
business association; import/export
Subject Merchandise from more than
one Subject Country; or produce Subject
Merchandise in more than one Subject
Country, you may file a single response.
If you do so, please ensure that your
response to each question includes the
information requested for each pertinent
Subject Country. As used below, the
term ‘‘firm’’ includes any related firms.
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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 proceeding by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the antidumping duty
orders on the Domestic Industry in
general and/or your firm/entity
specifically. In your response, please
discuss the various factors specified in
section 752(a) of the Act (19 U.S.C.
1675a(a)) including the likely volume of
subject imports, likely price effects of
subject imports, and likely impact of
imports of Subject Merchandise on the
Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in each Subject
Country that currently export or have
exported Subject Merchandise to the
United States or other countries after
2009.
(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 2015, except as noted
(report quantity data in pounds and
value data in U.S. dollars, f.o.b. plant).
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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 any Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2015 (report quantity data
in pounds and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping duties) of U.S. imports
and, if known, an estimate of the
percentage of total U.S. imports of
Subject Merchandise from each Subject
Country accounted for by your firm’s(s’)
imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. commercial shipments of Subject
Merchandise imported from each
Subject Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
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U.S. internal consumption/company
transfers of Subject Merchandise
imported from each Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in any Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2015
(report quantity data in pounds and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping duties). If you
are a trade/business association, provide
the information, on an aggregate basis,
for the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in each Subject Country accounted for
by your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
each Subject Country (i.e., the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country after 2009, 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
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produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: 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: February 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–04163 Filed 2–29–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1279 (Final)]
Hydrofluorocarbon Blends and
Components From China; Scheduling
of the Final Phase of an Antidumping
Duty Investigation
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping duty investigation
No. 731–TA–1279 (Final) pursuant to
the Tariff Act of 1930 (‘‘the Act’’) to
determine whether an industry in the
United States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of hydrofluorocarbon
(‘‘HFC’’) blends and components from
China, provided for in subheadings
3824.78.00 (HFC blends) and 2903.39.20
(HFC components) of the Harmonized
Tariff Schedule of the United States,
preliminarily determined by the
Department of Commerce to be sold at
less-than-fair-value.1
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SUMMARY:
1 For purposes of this investigation, the
Department of Commerce has defined the subject
merchandise as ‘‘blended hydrofluorocarbons
(HFCs) and single HFC components of those blends
thereof, whether or not imported for blending. HFC
blends covered by the scope are R–404, a zeotropic
mixture consisting of 52 percent 1,1,1Trifluoroethane, 44 percent Pentafluoroethane, and
4 percent 1,1,1,2-Tetrafluoroethane; R–407A, a
zeotropic mixture of 20 percent Difluoromethane,
40 percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R–407C, a zeotropic
mixture of 23 percent Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent 1,1,1,2-
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DATES:
Effective: February 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Joanna Lo (202–205–1888), 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 investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—The final phase of this
investigation is being scheduled,
pursuant to section 735(b) of the Tariff
Act of 1930 (19 U.S.C. 1673d(b)), as a
result of an affirmative preliminary
determination by the Department of
Commerce that imports of
hydrofluorocarbon blends and
components thereof from China are
being sold in the United States at less
than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b).
Tetrafluoroethane; R–410A, a zeotropic mixture of
50 percent Difluoromethane and 50 percent
Pentafluoroethane; and R–507A, an azeotropic
mixture of 50 percent Pentafluoroethane and 50
percent 1,1,1-Trifluoroethane also known as R–507.
The foregoing percentages are nominal percentages
by weight. Actual percentages of single component
refrigerants by weight may vary by plus or minus
two percent points from the nominal percentage
identified above.
The single component HFCs covered by the scope
are R–32, R–125, and R–143a. R–32 or
Difluoromethane has the chemical formula CH2F2,
and is registered as CAS No. 75–10–5. It may also
be known as HFC–32, FC–32, Freon-32, Methylene
difluoride, Methylene fluoride, Carbon fluoride
hydride, halocarbon R32, fluorocarbon R32, and UN
3252. R–125 or 1,1,1,2,2-Pentafluoroethane has the
chemical formula CF3CHF2 and is registered as CAS
No. 354–33–6. R–125 may also be known as R–125,
HFC–125, Pentafluoroethane, Freon 125, and Fc125, R–125. R–143a or 1,1,1-Trifluoroethane has the
chemical formula CF3CH3 and is registered as CAS
No. 420–46–2. R–143a may also be known as R–
143a, HFC–143a, Methylfluoroform, 1,1,1Trifluoroform, and UN2035.
Excluded from this investigation are blends of
refrigerant chemicals that include products other
than HFCs, such as blends including
chlorofluorocarbons (CFCs) or
hydrochlorofluorocarbons (HCFCs).
Also excluded from this investigation are
patented HFC blends, such as ISCEON® blends,
including MO99TM (RR–438A), MO79 (R–422A),
MO59 (R–417A), MO49PlusTM (R–437A) and
MO29TM (R–4 22D), Genetron® PerformaxTM LT
(R–407F), Choice® R–421A, and Choice® R–421B.
We note that HFC blends were classified at
HTSUS subheading 3824.78.0020 and single
component HFCs were classified at HTSUS
subheading 2903.39.2030 in 2015.’’
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
The investigation was requested in a
petition filed on June 25, 2015, by the
American HFC Coalition, and its
members: Amtrol, Inc. (West Warwick,
Rhode Island); Arkema, Inc. (King of
Prussia, Pennsylvania); The Chemours
Company FC LLC (Wilmington,
Delaware); Honeywell International Inc.
(Morristown, New Jersey); Hudson
Technologies (Pearl River, New York);
Mexichem Fluor Inc. (St. Gabriel,
Louisiana); Worthington Industries, Inc.
(Columbus, Ohio); and District Lodge
154 of the International Association of
Machinists and Aerospace Workers
(‘‘IAMAW’’).
For further information concerning
the conduct of this phase of the
investigation, hearing procedures, 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 and C (19 CFR part 207).
Participation in the investigation 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 final phase of this
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigation need not file an additional
notice of appearance during this final
phase. The Secretary will maintain a
public service list containing the names
and addresses of all persons, or their
representatives, who are parties to the
investigation.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of this
investigation available to authorized
applicants under the APO issued in the
investigation, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigation. A party
granted access to BPI in the preliminary
phase of the investigation need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
E:\FR\FM\01MRN1.SGM
01MRN1
Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10659-10662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04163]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1063-1064 and 1066-1068 (Second Review)]
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and
Vietnam Institution of five-year reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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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 duty orders on
frozen warmwater shrimp from Brazil, China, India, Thailand, and
Vietnam 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 March 31, 2016. Comments on the adequacy of responses may
be filed with the Commission by May 13, 2016.
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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. 16-5-352,
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: March 1, 2016.
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 February 1, 2005, the Department of Commerce
(``Commerce'') issued antidumping duty orders on imports of frozen
warmwater shrimp from Brazil, China, India, Thailand, and Vietnam (70
FR 5143-5156). Following the five-year reviews by Commerce and the
Commission, effective April 29, 2011, Commerce issued a continuation of
the antidumping duty orders on imports of frozen warmwater shrimp from
Brazil, China, India, Thailand, and Vietnam (76 FR 23972). The
Commission is now conducting second 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 Countries in these reviews are Brazil, China,
India, Thailand, and Vietnam.
(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
affirmative determinations and its full first five-year review
determinations, the Commission defined the Domestic Like Product to
consist of fresh warmwater shrimp and prawns and
[[Page 10660]]
those frozen warmwater shrimp and prawn products defined in Commerce's
scope definition. Certain Commissioners defined the Domestic Like
Product differently in the original determinations.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic 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 affirmative
determinations and its full first five-year review determinations, the
Commission defined the Domestic Industry to consist of: (1) All
entities that harvest fresh warmwater shrimp (i.e., fishermen and
shrimp farmers) and (2) all processors of frozen shrimp products within
the scope definition except for firms that do not engage in sufficient
production-related activities to be considered domestic producers.\2\
In addition, five firms were excluded by the Commission from the
Domestic Industry pursuant to the related parties provision in the
original determinations and one firm was excluded in the full first
five-year review determinations.
---------------------------------------------------------------------------
\2\ The Commission found that processing activities such as
deheading, grading, machine peeling, deveining, and cooking all
constitute domestic production but that marinating and skewering do
not constitute domestic production. The Commission also concluded
that breading did not constitute domestic production activity
because breaded shrimp was not part of the Domestic Like Product.
---------------------------------------------------------------------------
(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 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 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 March 31, 2016. 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 May 13, 2016. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of sections
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on E[hyphen]Filing, available on the Commission's Web site at
https://edis.usitc.gov, elaborates upon the Commission's rules with
respect to electronic filing. 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:--If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
[[Page 10661]]
(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 orders 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
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2009.
(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 2015, except as noted (report quantity
data in pounds 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 any Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2015 (report quantity data in pounds and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from each
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from each Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from each Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in any
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2015 (report quantity
data in pounds and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping duties). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in each Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in each Subject Country (i.e., the level of production that
your establishment(s) could reasonably have expected to attain during
the year, assuming normal operating conditions (using equipment and
machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from each Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in each Subject Country after 2009, 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
[[Page 10662]]
produced in the United States, Subject Merchandise produced in each
Subject Country, and such merchandise from other countries.
(13) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: 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: February 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-04163 Filed 2-29-16; 8:45 am]
BILLING CODE 7020-02-P