Certain Kitchen Appliance Shelving and Racks From China; Institution of Five-Year Reviews, 5980-5983 [2020-01980]

Download as PDF 5980 Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 / Notices The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill (EVOS) Trustee Council’s Public Advisory Committee. DATES: February 25, 2020, at 8:30 a.m. AKST. ADDRESSES: Glenn Olds Hall Conference Room, 4210 University Drive, Anchorage, Alaska; (800) 315–6338, code 72241. FOR FURTHER INFORMATION CONTACT: Dr. Philip Johnson, Department of the Interior, Office of Environmental Policy and Compliance, 1689 ‘‘C’’ Street, Suite 119, Anchorage, Alaska, (907) 271– 5011. SUMMARY: The EVOS Public Advisory Committee was created pursuant to Paragraph V.A.4 of the Memorandum of Agreement and Consent Decree entered into by the United States of America and the State of Alaska on August 27, 1991, and approved by the United States District Court for the District of Alaska in settlement of United States of America v. State of Alaska, Civil Action No. A91–081 CV. The EVOS Public Advisory Committee meeting agenda will include an orientation for new members, Federal Advisory Committee Act training, and an overview of the proposed draft Work Plan. An opportunity for public comments will be provided. The final agenda and materials for the meeting will be posted on the EVOS Trustee Council website at www.evostc.state.ak.us. All EVOS Public Advisory Committee meetings are open to the public. SUPPLEMENTARY INFORMATION: Public Input lotter on DSKBCFDHB2PROD with NOTICES Submitting Written Information or Questions Interested members of the public may submit relevant information or questions for the Committee to consider during the public meeting. Written statements must be received by February 14, 2020, so that the information may be made available to the Committee for their consideration prior to this meeting. Written statements must be supplied to Dr. Philip Johnson (see FOR FURTHER INFORMATION CONTACT above) in the following formats: One hard copy with original signature and/ or one electronic copy via email (acceptable file formats are Adobe Acrobat PDF, MS Word, MS PowerPoint, or rich text file). Public Disclosure of Comments Before including your address, phone number, email address, or other VerDate Sep<11>2014 16:47 Jan 31, 2020 Jkt 250001 personal identifying information in your comments, please be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Philip Johnson, Regional Environmental Officer, Office of Environmental Policy and Compliance. [FR Doc. 2020–01804 Filed 1–31–20; 8:45 am] BILLING CODE 4334–63–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–458 and 731– TA–1154 (Second Review)] Certain Kitchen Appliance Shelving and Racks From China; Institution of Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping and countervailing duty orders on certain kitchen appliance shelving and racks 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: Instituted February 3, 2020. To be assured of consideration, the deadline for responses is March 4, 2020. Comments on the adequacy of responses may be filed with the Commission by April 16, 2020. 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 SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On September 14, 2009, the Department of Commerce (‘‘Commerce’’) issued antidumping and countervailing duty orders on imports of certain kitchen appliance shelving and racks from China (74 FR 46971). Following the five-year reviews by Commerce and the Commission, effective March 12, 2015, Commerce issued a continuation of the antidumping and countervailing duty orders on imports of certain kitchen appliance shelving and racks from China (80 FR 12983). The Commission is now conducting second reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 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 Commerce. (2) The Subject Country in these reviews is China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations and its expedited first five-year review determinations, the Commission found two Domestic Like Products: (1) Certain refrigeration shelving and baskets for refrigerators, freezers, combination refrigerator/ freezers and other refrigerating or freezing equipment (‘‘refrigeration shelving’’); and (2) certain oven racks, side racks, and subframes for cooking stoves, ranges, and ovens (‘‘oven racks’’). (4) The Domestic Industry is the U.S. producers as a whole of the Domestic E:\FR\FM\03FEN1.SGM 03FEN1 lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 / Notices 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. Based on its original determinations and its expedited first five-year review determinations of two separate Domestic Like Products, the Commission found two Domestic Industries consisting of the following: (1) All producers of certain refrigeration shelving and baskets for refrigerators, freezers, combination refrigerator/ freezers, and other refrigerating or freezing equipment; and (2) all producers of certain oven racks, side racks, and subframes for cooking stoves, ranges, and ovens. (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 VerDate Sep<11>2014 16:47 Jan 31, 2020 Jkt 250001 same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Charles Smith, Office of the General Counsel, at 202– 205–3408. 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 March 4, 2020. 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 April 16, 2020. All written submissions must conform with the provisions of section 201.8 of the PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 5981 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 Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. 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. 20–5–455, expiration date June 30, 2020. 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 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: Please provide the requested information separately for each Domestic Like Product, as defined by the Commission in its original determinations, and for each of the products identified by Commerce as Subject Merchandise. As used below, the term ‘‘firm’’ includes any related firms. E:\FR\FM\03FEN1.SGM 03FEN1 lotter on DSKBCFDHB2PROD with NOTICES 5982 Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 / Notices (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 the Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2013. (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 VerDate Sep<11>2014 16:47 Jan 31, 2020 Jkt 250001 following information on your firm’s operations on that product during calendar year 2019, except as noted (report quantity data in units and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/ business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2019 (report quantity data in units and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2019 (report quantity data in units and value data in U.S. dollars, landed and dutypaid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2013, 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 E:\FR\FM\03FEN1.SGM 03FEN1 Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 / Notices barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: January 29, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–01980 Filed 1–31–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration lotter on DSKBCFDHB2PROD with NOTICES Shelton W. Barnes, M.D.; Decision and Order On June 28, 2019, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause to Shelton W. Barnes, M.D., (hereinafter, Registrant), of New Orleans, Louisiana. Order to Show Cause (hereinafter, OSC), at 1. The OSC proposed the revocation of Registrant’s Certificate of Registration No. BB1040269, because the United States Department of Health and Human Services, Office of Inspector General (hereinafter, HHS OIG) ‘‘mandatorily excluded [Registrant] from participation in Medicare, Medicaid, and all Federal health care programs for a minimum period of twenty-five years pursuant to 42 U.S.C. 1320a–7(a)’’; and such exclusion ‘‘warrants revocation of [Registrant’s] registration pursuant to 21 U.S.C. 824(a)(5).’’ Id. at 2. Specifically, the OSC alleged that, on September 25, 2018, Judgment was entered against Registrant in the United States District Court for the Eastern District of Louisiana (hereinafter, E.D. La.) ‘‘based on [Registrant’s] conviction on one count of ‘Conspiracy to Commit VerDate Sep<11>2014 16:47 Jan 31, 2020 Jkt 250001 Health Care Fraud,’ in violation of 18 U.S.C. 1349, one count of ‘Conspiracy to Pay and Receive Illegal Health Care Kickbacks,’ in violation of 18 U.S.C. 371, fifteen counts of ‘Health Care Fraud,’ in violation of 18 U.S.C. 1347 and 2,1 and one count of ‘Obstruction of a Federal Audit,’ in violation of 18 U.S.C. 1516 and 2.’’ 2 Id. at 2 (citing United States v. Barnes, No. 2:15–cr– 0061–SM–JCW (E.D. La. 2018)). The OSC further alleged that ‘‘based on [such] conviction, HHS OIG, by letter dated March 29, 2019, mandatorily excluded [Registrant] from participation in Medicare, Medicaid, and all Federal health care programs for a minimum period of twenty-five years pursuant to 42 U.S.C. 1320a–7(a), effective April 18, 2019.’’ Id. The Show Cause Order notified Registrant of the right to request a hearing on the allegations or to submit a written statement, while waiving the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. at 2–3 (citing 21 CFR 1301.43). The OSC also notified Registrant of the opportunity to submit a corrective action plan. Id. at 3–4 (citing 21 U.S.C. 824(c)(2)(C)). Adequacy of Service In a Declaration, dated October 24, 2019, a Diversion Investigator (hereinafter, DI) assigned to the New Orleans Field Division stated that she and another DI traveled to the Federal Prison Camp Pensacola, 110 Raby Ave., Pensacola, Florida 32509, where Registrant was incarcerated, on July 10, 2019. Request for Final Agency Action (hereinafter, RFAA), EX 6 (Declaration of Service). The DI stated that they were taken to a room where correctional officers brought in Registrant, who ‘‘was wearing an inmate nametag with his name on it,’’ and she further ‘‘recognized him based on his driver’s license photo.’’ Id. The DI then ‘‘handed the [OSC] to [Registrant] and explained it to him, including his options to request a hearing or surrender his registration.’’ Id. The Government submitted its RFAA, along with the evidentiary record, for adjudication on December 4, 2019. In its RFAA, the Government represented that ‘‘at least thirty days have passed since the . . . [OSC] was served on Registrant. Registrant has not requested a hearing and has not otherwise corresponded or communicated with DEA regarding the Order served on him, including the 1 The Court’s notation of 18 U.S.C. 2 appears in this format, which was replicated in the OSC. 2 See n.1. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 5983 filing of any written statement in lieu of a hearing.’’ RFAA, at 2. The Government requested that Registrant’s Certificate of Registration be revoked and his pending application for renewal be denied ‘‘because Registrant lacks state authority and because Registrant has been excluded from Medicare, Medicaid and all Federal health care programs, either of which alone is a sufficient basis to revoke Registrant’s registration . . . .’’ 3 Id. at 7. Based on the Government’s representations and my review of the record, I find that the Government served the OSC on Registrant on July 10, 2019. I also find that more than thirty days have now passed since the date of service. Further, based on the Government’s representations, I find that neither Registrant, nor anyone purporting to represent the Registrant, requested a hearing, submitted a written statement while waiving Registrant’s right to a hearing, or submitted a corrective action plan. Accordingly, I find that Registrant has waived the right to a hearing and the right to submit a written statement and corrective action plan. 21 CFR § 1301.43(d) and 21 U.S.C. 824(c)(2)(C). I, therefore, issue this Decision and Order based on the record submitted by the Government, which constitutes the entire record before me. 21 CFR 1301.43(e). Findings of Fact Registrant’s DEA Registration Registrant is the holder of DEA Certificate of Registration No. BB1040269 at the registered address of 3600 Prytania, Suite 50, New Orleans, LA 70115. RFAA, EX 1 (Certificate of Registration History), at 1. Pursuant to this registration, Registrant is authorized to dispense controlled substances in schedules II through V as a practitioner. Id. Registrant’s registration was set to expire on July 31, 2018, but on that date, Registrant submitted an online renewal application for 10555 Lake Forest Blvd., Ste. 5J, New Orleans, LA 70127–5208, 3 In the RFAA, the Government argued for revocation based on a ground that does not appear in the OSC—that the Registrant currently lacks authority to practice medicine in Louisiana, the state in which he is registered with the DEA, and his registration is thus also subject to revocation pursuant to 21 U.S.C. 824(a)(3). Although state authority is a prerequisite to holding (or having) a DEA registration, see 21 U.S.C. 823, I see no evidence in the record that Registrant was notified of this additional charge. As such, he has had no opportunity to determine whether to address the status of his state authority. See Hatem M. Ataya, M.D., 81 FR 8221, 8245 (2016) (permitting the consideration of 21 U.S.C. 824(a)(3), because the respondent had a ‘‘meaningful opportunity to show that he retains his state authority.’’). In this case, I decline to allow the Government to add the lack of state authority charge. E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Notices]
[Pages 5980-5983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01980]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-458 and 731-TA-1154 (Second Review)]


Certain Kitchen Appliance Shelving and Racks From China; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the antidumping and countervailing 
duty orders on certain kitchen appliance shelving and racks 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: Instituted February 3, 2020. To be assured of consideration, the 
deadline for responses is March 4, 2020. Comments on the adequacy of 
responses may be filed with the Commission by April 16, 2020.

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 September 14, 2009, the Department of Commerce 
(``Commerce'') issued antidumping and countervailing duty orders on 
imports of certain kitchen appliance shelving and racks from China (74 
FR 46971). Following the five-year reviews by Commerce and the 
Commission, effective March 12, 2015, Commerce issued a continuation of 
the antidumping and countervailing duty orders on imports of certain 
kitchen appliance shelving and racks from China (80 FR 12983). The 
Commission is now conducting second reviews pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR part 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 Commerce.
    (2) The Subject Country in these reviews is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations and its expedited first five-year review determinations, 
the Commission found two Domestic Like Products: (1) Certain 
refrigeration shelving and baskets for refrigerators, freezers, 
combination refrigerator/freezers and other refrigerating or freezing 
equipment (``refrigeration shelving''); and (2) certain oven racks, 
side racks, and subframes for cooking stoves, ranges, and ovens (``oven 
racks'').
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic

[[Page 5981]]

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. Based on its original 
determinations and its expedited first five-year review determinations 
of two separate Domestic Like Products, the Commission found two 
Domestic Industries consisting of the following: (1) All producers of 
certain refrigeration shelving and baskets for refrigerators, freezers, 
combination refrigerator/freezers, and other refrigerating or freezing 
equipment; and (2) all producers of certain oven racks, side racks, and 
subframes for cooking stoves, ranges, and ovens.
    (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 Charles Smith, Office of the General Counsel, at 202-
205-3408.
    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 March 4, 2020. 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 April 16, 2020. 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 Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings. 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. 20-5-455, expiration 
date June 30, 2020. 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 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: Please provide the requested information separately for 
each Domestic Like Product, as defined by the Commission in its 
original determinations, and for each of the products identified by 
Commerce as Subject Merchandise. As used below, the term ``firm'' 
includes any related firms.

[[Page 5982]]

    (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 the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2013.
    (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 2019, except as noted (report quantity 
data in units and value data in U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2019 (report quantity data in units and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2019 (report quantity 
data in units and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping or countervailing duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2013, 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

[[Page 5983]]

barriers to importation in foreign markets or changes in market demand 
abroad). Demand conditions to consider include end uses and 
applications; the existence and availability of substitute products; 
and the level of competition among the Domestic Like Product produced 
in the United States, Subject Merchandise produced in the Subject 
Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

     Issued: January 29, 2020.

Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01980 Filed 1-31-20; 8:45 am]
 BILLING CODE 7020-02-P
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