Certain Polyester Staple Fiber From Korea and Taiwan: Institution of Five-Year Reviews, 50544-50547 [2016-17660]
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50544
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices
2014; 79 FR 43504). The draft amended
ICP was made available for comment on
March 8, 2016 (81 FR 12113), and
approved on April 13, 2016. The ICP
and the associated environmental
assessment/finding of no significant
impact are available on the Web site at
https://www.fws.gov/southwest/es/
oklahoma/ABBICP. However, we are no
longer taking comments on these
finalized, approved documents.
Applications Available for Review and
Comment
We invite local, State, Tribal, and
Federal agencies, and the public to
comment on the following applications
under the ICP, for incidental take of the
federally listed ABB. Please refer to the
appropriate permit number (e.g., TE–
123456) when requesting application
documents and when submitting
comments. Documents and other
information the applicants have
submitted with their applications are
available for review, subject to the
requirements of the Privacy Act (5
U.S.C. 552a) and Freedom of
Information Act (5 U.S.C. 552).
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can request in your comment that
we withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. We will not consider anonymous
comments. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under section
10(c) of the Act (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22) and the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing
regulations (40 CFR 1506.6).
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region.
[FR Doc. 2016–18184 Filed 7–29–16; 8:45 am]
BILLING CODE 4333–15–P
sradovich on DSK3GMQ082PROD with NOTICES
Permit TE51880B
Applicant: LINN Operating, Inc.,
Oklahoma City, OK.
Applicant requests an amended
permit for oil and gas upstream and
midstream production, including
geophysical exploration (seismic) and
construction, maintenance, operation,
repair, and decommissioning of oil and
gas well field infrastructure, as well as
construction, maintenance, operation,
repair, decommissioning, and
reclamation of oil and gas gathering,
transmission, and distribution pipeline
infrastructure within Oklahoma.
Permit TE54740B
Applicant: Newfield Exploration MidContinent, Inc., Tulsa, OK.
Applicant requests an amended
permit for oil and gas upstream and
midstream production, including
geophysical exploration (seismic) and
construction, maintenance, operation,
repair, and decommissioning of oil and
gas well field infrastructure, as well as
construction, maintenance, operation,
repair, decommissioning, and
reclamation of oil and gas gathering,
transmission, and distribution pipeline
infrastructure within Oklahoma.
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
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INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–825–826 (Third
Review)]
Certain Polyester Staple Fiber From
Korea and Taiwan: Institution of FiveYear 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 certain polyester staple
fiber from Korea and Taiwan 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.
DATES: Effective August 1, 2016. To be
assured of consideration, the deadline
for responses is August 31, 2016.
Comments on the adequacy of responses
may be filed with the Commission by
October 14, 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. HearingSUMMARY:
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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 May 25, 2000, the
Department of Commerce (Commerce)
issued antidumping duty orders on
imports of certain polyester staple fiber
from Korea and Taiwan (65 FR 33807).
Following first five-year reviews by
Commerce and the Commission,
effective April 3, 2006, Commerce
issued a continuation of the
antidumping duty orders on imports of
certain polyester staple fiber from Korea
and Taiwan (71 FR 16558). Following
second five-year reviews by Commerce
and the Commission, effective
September 30, 2011, Commerce issued a
continuation of antidumping duty
orders on imports of certain polyester
staple fiber from Korea and Taiwan (76
FR 60802). The Commission is now
conducting third 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 Korea and Taiwan.
(3) The Domestic Like Product is the
domestically produced product or
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products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determinations, the Commission found
that there were two Domestic Like
Products corresponding to (1) low-melt
fiber and (2) conventional polyester
staple fiber (all subject polyester staple
fiber except for low-melt fiber).
However, the Commission made a
negative determination with respect to
low-melt fiber. One Commissioner
defined the Domestic Like Product
differently in the original
determinations. In its full first five-year
review determinations and its expedited
second five-year review determinations,
the Commission defined the Domestic
Like Product to be all certain
conventional polyester staple fiber,
coextensive with the scope of the orders
under review.
(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 determinations,
the Commission defined two Domestic
Industries: (1) All domestic producers of
low-melt fiber and (2) all domestic
producers of conventional polyester
staple fiber. However, the Commission
made a negative determination with
respect to low-melt fiber in the original
investigations. One Commissioner
defined the Domestic Industry
differently in the original
determinations. In its full first five-year
review determinations and its expedited
second five-year review determinations,
the Commission defined the Domestic
Industry as all domestic producers of
certain conventional polyester staple
fiber, coextensive with the scope of the
orders under review.
(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 § 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
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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 at § 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 acknowledge that information
submitted in response to this request for
information and throughout this
proceeding or other proceeding may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
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and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements.
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 August 31, 2016. 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 expedited or full reviews. The
deadline for filing such comments is
October 14, 2016. All written
submissions must conform with the
provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 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 §§ 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).
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.
16–5–364, 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.
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
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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.
(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 an interested party
under 19 U.S.C. 1677(9) and if so, how,
including 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 (a majority of whose
members are interested parties under
the statute), 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
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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
2010.
(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,
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(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
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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 2010, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: 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.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–17660 Filed 7–29–16; 8:45 am]
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BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–718 (Fourth
Review)]
Glycine From China; Institution of a
Five-Year Review
United States International
Trade Commission.
AGENCY:
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ACTION:
Notice.
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
duty order on glycine 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.
DATES: Effective: August 1, 2016. To be
assured of consideration, the deadline
for responses is August 31, 2016.
Comments on the adequacy of responses
may be filed with the Commission by
October 14, 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
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 March 29, 1995, the
Department of Commerce (Commerce)
issued an antidumping duty order on
imports of glycine from China (60 FR
16116). Following first five-year reviews
by Commerce and the Commission,
effective July 25, 2000, Commerce
issued a continuation of the
antidumping duty order on imports of
glycine from China (65 FR 45752).
Following second five-year reviews by
Commerce and the Commission,
effective November 15, 2005, Commerce
issued a second continuation of the
antidumping duty order on imports of
glycine from China (70 FR 69316).
Following the third five-year reviews by
Commerce and the Commission,
effective September 19, 2011, Commerce
issued a continuation of the
antidumping duty order on imports of
glycine from China (76 FR 57951). The
Commission is now conducting a fourth
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
SUMMARY:
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50547
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
the Domestic Like Product as all glycine.
In its expedited first and second fiveyear review determinations and its full
third five-year review determination,
the Commission continued to define the
Domestic Like Product as glycine of all
purity levels, coextensive with
Commerce’s scope.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determination
and its first and second expedited fiveyear review determinations, the
Commission defined the Domestic
Industry as all domestic producers of
glycine.
(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
E:\FR\FM\01AUN1.SGM
01AUN1
Agencies
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50544-50547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17660]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-825-826 (Third Review)]
Certain Polyester Staple Fiber From Korea and Taiwan: 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
certain polyester staple fiber from Korea and Taiwan 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.
DATES: Effective August 1, 2016. To be assured of consideration, the
deadline for responses is August 31, 2016. Comments on the adequacy of
responses may be filed with the Commission by October 14, 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 May 25, 2000, the Department of Commerce (Commerce)
issued antidumping duty orders on imports of certain polyester staple
fiber from Korea and Taiwan (65 FR 33807). Following first five-year
reviews by Commerce and the Commission, effective April 3, 2006,
Commerce issued a continuation of the antidumping duty orders on
imports of certain polyester staple fiber from Korea and Taiwan (71 FR
16558). Following second five-year reviews by Commerce and the
Commission, effective September 30, 2011, Commerce issued a
continuation of antidumping duty orders on imports of certain polyester
staple fiber from Korea and Taiwan (76 FR 60802). The Commission is now
conducting third 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 Korea and Taiwan.
(3) The Domestic Like Product is the domestically produced product
or
[[Page 50545]]
products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission found that there were two Domestic Like
Products corresponding to (1) low-melt fiber and (2) conventional
polyester staple fiber (all subject polyester staple fiber except for
low-melt fiber). However, the Commission made a negative determination
with respect to low-melt fiber. One Commissioner defined the Domestic
Like Product differently in the original determinations. In its full
first five-year review determinations and its expedited second five-
year review determinations, the Commission defined the Domestic Like
Product to be all certain conventional polyester staple fiber,
coextensive with the scope of the orders under review.
(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 determinations, the
Commission defined two Domestic Industries: (1) All domestic producers
of low-melt fiber and (2) all domestic producers of conventional
polyester staple fiber. However, the Commission made a negative
determination with respect to low-melt fiber in the original
investigations. One Commissioner defined the Domestic Industry
differently in the original determinations. In its full first five-year
review determinations and its expedited second five-year review
determinations, the Commission defined the Domestic Industry as all
domestic producers of certain conventional polyester staple fiber,
coextensive with the scope of the orders under review.
(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 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 at 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 acknowledge that information
submitted in response to this request for information and throughout
this proceeding or other proceeding may be disclosed to and used: (i)
By the Commission, its employees and Offices, and contract personnel
(a) for developing or maintaining the records of this or a related
proceeding, or (b) in internal investigations, audits, reviews, and
evaluations relating to the programs, personnel, and operations of the
Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
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
August 31, 2016. Pursuant to Sec. 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 October 14,
2016. All written submissions must conform with the provisions of Sec.
201.8 of the Commission's rules; any submissions that contain BPI must
also conform with the requirements of Sec. Sec. 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 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).
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. 16-5-364, 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.
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
[[Page 50546]]
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.
(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 an
interested party under 19 U.S.C. 1677(9) and if so, how, including
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 (a majority of whose
members are interested parties under the statute), 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 2010.
(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
[[Page 50547]]
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 2010, and significant
changes, if any, that are likely to occur within a reasonably
foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production
(including the shift of production facilities used for other products
and the use, cost, or availability of major inputs into production);
and factors related to the ability to shift supply among different
national markets (including barriers to importation in foreign markets
or changes in market demand abroad). Demand conditions to consider
include end uses and applications; the existence and availability of
substitute products; and the level of competition among the Domestic
Like Product produced in the United States, Subject Merchandise
produced in each Subject Country, and such merchandise from other
countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: 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.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17660 Filed 7-29-16; 8:45 am]
BILLING CODE 7020-02-P