Sulfanilic Acid From China and India; Institution of Five-Year Reviews, 60386-60389 [2016-20658]
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60386
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices
(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 short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping duties). If you
are a trade/business association, provide
the information, on an aggregate basis,
for the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in 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 Products 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
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products; and the level of competition
among the Domestic Like Products
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
Products and Domestic Industries; 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: August 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–20659 Filed 8–31–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–318 and 731–
TA–538 and 561 (Fourth Review)]
Sulfanilic Acid From China and India;
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
countervailing duty order on sulfanilic
acid from India and antidumping duty
orders on sulfanilic acid from China and
India 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 September 1, 2016. To
be assured of consideration, the
deadline for responses is October 3,
2016. Comments on the adequacy of
responses may be filed with the
Commission by November 15, 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:
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assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background—On August 19, 1992, the
Department of Commerce (‘‘Commerce’’)
issued an antidumping duty order on
imports of sulfanilic acid from China
(57 FR 37524). On March 2, 1993,
Commerce issued antidumping and
countervailing duty orders on imports of
sulfanilic acid from India (57 FR 12025
and 12026). Following five-year reviews
by Commerce and the Commission,
effective June 8, 2000, Commerce issued
a continuation of the countervailing
duty order on sulfanilic acid from India
and the antidumping duty orders on
sulfanilic acid from China and India (65
FR 36404). Following second five-year
reviews by Commerce and the
Commission, effective May 11, 2006,
Commerce issued a continuation of the
countervailing duty order on sulfanilic
acid from India and the antidumping
duty orders on sulfanilic acid from
China and India (71 FR 27449).
Following the third five-year reviews by
Commerce and the Commission,
effective October 25, 2011, Commerce
issued a continuation of the
countervailing duty order on imports of
sulfanilic acid from India and the
antidumping duty orders on imports of
sulfanilic acid from China and India (76
FR 66039). The Commission is now
conducting fourth 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:
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(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 China and India.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determinations, expedited first five-year
review determinations, full second fiveyear review determinations, and
expedited third five-year review
determinations, the Commission
defined the Domestic Like Product as all
sulfanilic acid, 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 determinations,
expedited first five-year review
determinations, full second five-year
review determinations, and expedited
third five-year review determinations,
the Commission defined the Domestic
Industry as all domestic producers of
sulfanilic acid.
(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
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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 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.
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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 October 3, 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 November 15, 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).
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.
16–5–366, 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 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
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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 and
countervailing 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
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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
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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 or countervailing 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 and/or
countervailing 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 and/or
countervailing 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 or
countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in 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.
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(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 section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: August 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–20658 Filed 8–31–16; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Notice of Lodging of Proposed First
Partial Remedial Design/Remedial
Action (RD/RA) Consent Decree Under
Cercla
On August 9, 2016, the Department of
Justice lodged a proposed First Partial
Remedial Design/Remedial Action (RD/
RA) Consent Decree (‘‘Consent Decree’’)
with the United States District Court for
the District of New Mexico, in the
lawsuit entitled United States and State
of New Mexico, et al. v. Chevron Mining
Inc., Civil Action No. 1:16–cv–00904.
The United States, on behalf of the
U.S. Environmental Protection Agency,
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together with the State of New Mexico,
filed this lawsuit under the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (‘‘CERCLA’’) against
Chevron Mining Inc. (‘‘CMI’’). The
Defendant, CMI, is the owner and
operator of the Chevron Questa Mine
Superfund Site (‘‘Site’’), an inactive
Molybdenum mine, located in Taos
County, New Mexico. The complaint
requests recovery of costs that the
United States incurred responding to
releases of hazardous substances at the
Site. Under the proposed settlement,
CMI agrees to pay $5,269,949 in past
costs, to perform certain aspects of the
remedial action selected by EPA for the
Site, which are estimated to cost over
$143 million, and to pay EPA’s future
costs associated with oversight of that
work. Other aspects of the remedy will
proceed at a later date. In return, the
United States agrees not to sue CMI
under sections 106 and 107 of CERCLA
or under section 7003 of the Resource
Conservation and Recovery Act for the
work that CMI has agreed to perform.
The prior notice of lodging of this
Consent Decree, published on August
15, 2016, stated that the Department of
Justice would receive comments
concerning the settlement for thirty days
or until September 14, 2016. Having
received a request for an extension of
the initial public comment period, the
United States is extending the comment
period for an additional thirty (30) days,
or until October 14, 2016.
The Department of Justice will
receive, for a period of sixty (60) days
from August 14, 2016, any comments
relating to the proposed Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States and State of Mexico, et al. v.
Chevron Mining Inc., Civil Action No.
1:16–cv–00904, D.J. Ref. No. 90–11–3–
10261. All comments must be submitted
no later than October 14, 2016.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General
U.S. DOJ—ENRD
P.O. Box 7611
Washington, DC 20044–7611.
By mail .........
Under section 7003(d) of the Resource
Conservation and Recovery Act
(‘‘RCRA’’), 42 U.S.C. 6973, a commenter
may request an opportunity for a public
meeting in the affected area.
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60389
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $36.00 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the exhibits and signature
pages, the cost is $11.50.
Thomas P. Carroll,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–21068 Filed 8–31–16; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
183rd Meeting of the Advisory Council
on Employee Welfare and Pension
Benefit Plans; Notice of
Teleconference Meeting
Pursuant to the authority contained in
Section 512 of the Employee Retirement
Income Security Act of 1974 (ERISA), 29
U.S.C. 1142, the 183rd open meeting of
the Advisory Council on Employee
Welfare and Pension Benefit Plans (also
known as the ERISA Advisory Council)
will be held as a teleconference on
September 27, 2016.
The meeting will take place in C5521
room 4, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210. Public access is available
only in this room (i.e. not by telephone).
The meeting will run from 9:00 a.m. to
approximately 4:00 p.m. The purpose of
the open meeting is to discuss reports/
recommendations for the Secretary of
Labor on the issues of (1) Cybersecurity
Considerations for Benefit Plans and (2)
Participant Plan Transfers and Account
Consolidation for the Advancement of
Lifetime Plan Participation.
Descriptions of these topics are
available on the Advisory Council page
of the EBSA Web site at https://
www.dol.gov/ebsa/aboutebsa/erisa_
advisory_council.html.
Organizations or members of the
public wishing to submit a written
statement may do so by submitting 30
copies on or before September 20, 2016
to Larry Good, Executive Secretary,
E:\FR\FM\01SEN1.SGM
01SEN1
Agencies
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60386-60389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20658]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Fourth Review)]
Sulfanilic Acid From China and India; 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 countervailing duty order on
sulfanilic acid from India and antidumping duty orders on sulfanilic
acid from China and India 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 September 1, 2016. To be assured of consideration, the
deadline for responses is October 3, 2016. Comments on the adequacy of
responses may be filed with the Commission by November 15, 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 August 19, 1992, the Department of Commerce
(``Commerce'') issued an antidumping duty order on imports of
sulfanilic acid from China (57 FR 37524). On March 2, 1993, Commerce
issued antidumping and countervailing duty orders on imports of
sulfanilic acid from India (57 FR 12025 and 12026). Following five-year
reviews by Commerce and the Commission, effective June 8, 2000,
Commerce issued a continuation of the countervailing duty order on
sulfanilic acid from India and the antidumping duty orders on
sulfanilic acid from China and India (65 FR 36404). Following second
five-year reviews by Commerce and the Commission, effective May 11,
2006, Commerce issued a continuation of the countervailing duty order
on sulfanilic acid from India and the antidumping duty orders on
sulfanilic acid from China and India (71 FR 27449). Following the third
five-year reviews by Commerce and the Commission, effective October 25,
2011, Commerce issued a continuation of the countervailing duty order
on imports of sulfanilic acid from India and the antidumping duty
orders on imports of sulfanilic acid from China and India (76 FR
66039). The Commission is now conducting fourth 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:
[[Page 60387]]
(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 China and India.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, expedited first five-year review determinations, full
second five-year review determinations, and expedited third five-year
review determinations, the Commission defined the Domestic Like Product
as all sulfanilic acid, 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 determinations,
expedited first five-year review determinations, full second five-year
review determinations, and expedited third five-year review
determinations, the Commission defined the Domestic Industry as all
domestic producers of sulfanilic acid.
(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 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 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 October 3, 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 November 15, 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).
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. 16-5-366, 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 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
[[Page 60388]]
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 and countervailing 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 or countervailing 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
and/or countervailing 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
and/or countervailing 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 or countervailing duties).
If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in 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.
[[Page 60389]]
(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 section 207.61 of the Commission's rules.
By order of the Commission.
Issued: August 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-20658 Filed 8-31-16; 8:45 am]
BILLING CODE 7020-02-P