Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, Korea, Mexico, and Thailand; Institution of Five-Year Reviews, 12331-12334 [2020-04078]
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Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO956000 L14400000.BJ0000 20X]
Notice of Filing of Plats of Survey,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The plats of survey of the
following described lands are scheduled
to be officially filed in the Bureau of
Land Management (BLM), Colorado
State Office, Lakewood, Colorado, 30
calendar days from the date of this
publication. The surveys, which were
executed at the request of the U.S.
Forest Service and the BLM, are
necessary for the management of these
lands.
DATES: Unless there are protests of this
action, the plats described in this notice
will be filed on April 1, 2020.
ADDRESSES: You may submit written
protests to the BLM Colorado State
Office, Cadastral Survey, 2850
Youngfield Street, Lakewood, CO
80215–7210.
FOR FURTHER INFORMATION CONTACT:
Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856; rbloom@
blm.gov. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at 1–
800–877–8339 to contact the above
individual during normal business
hours. The Service is available 24 hours
a day, seven days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The plat,
in 2 sheets, incorporating the field notes
of the dependent resurvey and
subdivision of section 34 in Township
30 South, Range 69 West, Sixth
Principal Meridian, Colorado, was
accepted on December 3, 2019.
The plat incorporating the field notes
of the remonumentation of a corner in
Township 7 South, Range 91 West,
Sixth Principal Meridian, Colorado, was
accepted on December 19, 2019.
The plat incorporating the field notes
of the remonumentation of a corner in
Township 11 South, Range 72 West,
Sixth Principal Meridian, Colorado, was
accepted on December 26, 2019.
The plat, in 2 sheets, incorporating
the field notes of the dependent
resurvey in Township 51 North, Range
9 East, New Mexico Principal Meridian,
Colorado, was accepted on January 27,
2020.
A person or party who wishes to
protest any of the above surveys must
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SUMMARY:
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file a written notice of protest within 30
calendar days from the date of this
publication at the address listed in the
ADDRESSES section of this notice. A
statement of reasons for the protest may
be filed with the notice of protest and
must be filed within 30 calendar days
after the protest is filed. If a protest
against the survey is received prior to
the date of official filing, the filing will
be stayed pending consideration of the
protest. A plat will not be officially filed
until the day after all protests have been
dismissed or otherwise resolved.
Before including your address, phone
number, email address, or other
personal identifying information in your
protest, please be aware that your entire
protest, 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.
(Authority: 43 U.S.C. Chap. 3)
Randy A. Bloom,
Chief Cadastral Surveyor.
[FR Doc. 2020–04237 Filed 2–28–20; 8:45 am]
BILLING CODE 4310–JB–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–432 and 731–
TA–1024–1028 (Third Review) and AA1921–
188 (Fifth Review)]
Prestressed Concrete Steel Wire
Strand From Brazil, India, Japan,
Korea, Mexico, and Thailand;
Institution of Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted reviews
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
duty orders on prestressed concrete
steel wire strand (‘‘PC strand’’) from
Brazil, India, Korea, Mexico, and
Thailand, and the antidumping finding
on PC strand from Japan, as well as
revocation of the countervailing duty
order on PC strand from 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.
SUMMARY:
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Instituted March 2, 2020. To be
assured of consideration, the deadline
for responses is April 1, 2020.
Comments on the adequacy of responses
may be filed with the Commission by
May 14, 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
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On December 8, 1978,
the Department of the Treasury issued
an antidumping finding on imports of
PC strand from Japan (43 FR 57599).
Following first five-year reviews by the
Department of Commerce (‘‘Commerce’’)
and the Commission, effective February
3, 1999, Commerce issued a
continuation of the antidumping finding
on imports of PC strand from Japan (64
FR 40554, July 27, 1999). Following
second five-year reviews by Commerce
and the Commission, effective June 25,
2004, Commerce issued a continuation
of the antidumping finding on imports
of PC strand from Japan (69 FR 35584).
On January 28, 2004, Commerce issued
antidumping duty orders on imports of
PC strand from Brazil, India, Korea,
Mexico, and Thailand (69 FR 4109–
4113). On February 4, 2004, Commerce
issued a countervailing duty order on
imports of PC strand from India (69 FR
5319). In 2009, the Commission
conducted grouped first five-year
reviews of the antidumping duty orders
on imports of PC strand from Brazil,
India, Korea, Mexico, and Thailand; the
first five-year review of the
countervailing duty order on imports of
PC strand from India; and the third fiveyear review of the antidumping finding
on imports of PC strand from Japan
(‘‘2009 reviews’’). Following the
Commission’s 2009 reviews, Commerce
issued a continuation of the
antidumping duty orders on imports of
PC strand from Brazil, India, Korea,
Mexico, and Thailand; the
countervailing duty order on imports of
PC strand from India; and the
DATES:
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antidumping finding on imports of PC
strand from Japan, effective December
11, 2009 (74 FR 65739). Following the
Commission’s grouped second five-year
reviews of the antidumping duty orders
on imports of PC strand from Brazil,
India, Korea, Mexico, and Thailand; the
second five-year review of the
countervailing duty order on imports of
PC strand from India; and the fourth
five-year review of the antidumping
finding on imports of PC strand from
Japan (‘‘2015 reviews’’), Commerce
issued a continuation of the
antidumping duty orders on imports of
PC strand from Brazil, India, Korea,
Mexico, and Thailand; the
countervailing duty order on imports of
PC strand from India; and the
antidumping finding on imports of PC
strand from Japan, effective April 23,
2015 (80 FR 22708). The Commission is
now conducting grouped third five-year
reviews of the antidumping duty orders
on imports of PC strand from Brazil,
India, Korea, Mexico, and Thailand; the
third five-year review of the
countervailing duty order on imports of
PC strand from India; and the fifth fiveyear review of the antidumping finding
on imports of PC strand from Japan
pursuant to section 751(c) of the Act, as
amended (19 U.S.C. 1675(c)), to
determine whether revocation 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 Countries in these
reviews are Brazil, India, Japan, Korea,
Mexico, and Thailand.
(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 expedited
first and second five-year reviews of the
antidumping finding concerning Japan,
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the Commission found that the
appropriate definition of the Domestic
Like Product was the same as
Commerce’s scope: All steel wire strand,
other than alloy steel, not galvanized,
which has been stress-relieved and is
suitable for use in prestressed concrete.
(The Commission did not explicitly
make a like product determination in its
original determination concerning
Japan.) In its original determinations
concerning Brazil, India, Korea, Mexico,
and Thailand, the Commission found
the Domestic Like Product to be all PC
strand co-extensive with Commerce’s
scope, that is, steel strand produced
from wire of non-stainless, nongalvanized steel that is suitable for use
in prestressed concrete (both pretensioned and post-tensioned)
applications and that encompasses
covered and uncovered strand and all
types, grades, and diameters of
prestressed concrete steel wire strand.
In its grouped full 2009 review
determinations and its grouped
expedited 2015 review determinations,
the Commission defined the Domestic
Like Product consistent with its prior
determinations, that is, steel strand
produced from wire of non-stainless,
non-galvanized steel that is suitable for
use in prestressed concrete (both pretensioned and post-tensioned)
applications and that encompasses
covered and uncovered strand and all
types, grades, and diameters of
prestressed concrete steel wire strand.
The Commission recognized that the
description of the scope of the finding
concerning Japan and the scope of the
orders concerning Brazil, India, Korea,
Mexico, and Thailand differed in a
number of technical respects but found
that those differences lacked
significance.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determination
and its expedited first and second
reviews of the antidumping finding
concerning Japan, the Commission
defined the Domestic Industry as all
producers of PC strand. Likewise, in its
original determinations concerning
Brazil, India, Korea, Mexico, and
Thailand, the Commission found the
Domestic Industry to be all producers of
PC strand. The Commission also
determined that plastic coating did not
constitute sufficient production-related
activity to qualify coaters as members of
the domestic industry producing PC
strand. In its grouped full 2009 review
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determinations and its grouped
expedited 2015 review determinations,
the Commission defined the Domestic
Industry to include all producers of the
Domestic Like Product.
(5) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the proceeding and
public service list.—Persons, including
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the proceeding as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11(b)(4) of the
Commission’s rules, no later than 21
days after publication of this notice in
the Federal Register. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the proceeding.
Former Commission employees who
are seeking to appear in Commission
five-year reviews are advised that they
may appear in a review even if they
participated personally and
substantially in the corresponding
underlying original investigation or an
earlier review of the same underlying
investigation. The Commission’s
designated agency ethics official has
advised that a five-year review is not the
same particular matter as the underlying
original investigation, and a five-year
review is not the same particular matter
as an earlier review of the same
underlying investigation for purposes of
18 U.S.C. 207, the post employment
statute for Federal employees, and
Commission rule 201.15(b) (19 CFR
201.15(b)), 79 FR 3246 (Jan. 17, 2014),
73 FR 24609 (May 5, 2008).
Consequently, former employees are not
required to seek Commission approval
to appear in a review under Commission
rule 19 CFR 201.15, even if the
corresponding underlying original
investigation or an earlier review of the
same underlying investigation was
pending when they were Commission
employees. For further ethics advice on
this matter, contact 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
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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 April 1, 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 May 14, 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
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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.
20–5–458, 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: 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,
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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 finding/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
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 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.
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(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 any Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2019 (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.
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(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 2019
(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 (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 each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country after 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
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
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Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority
This proceeding is being conducted
under authority of title VII of the Tariff
Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: February 24, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–04078 Filed 2–28–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–459 and 731–
TA–1155 (Second Review)]
Commodity Matchbooks From 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 and the antidumping
duty orders on commodity matchbooks
from 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: Instituted March 2, 2020. To be
assured of consideration, the deadline
for responses is April 1, 2020.
Comments on the adequacy of responses
may be filed with the Commission by
May 14, 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.
SUMMARY:
E:\FR\FM\02MRN1.SGM
02MRN1
]]>Agencies
[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12331-12334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04078]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-432 and 731-TA-1024-1028 (Third Review) and
AA1921-188 (Fifth Review)]
Prestressed Concrete Steel Wire Strand From Brazil, India, Japan,
Korea, Mexico, and Thailand; Institution of Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the antidumping duty orders on
prestressed concrete steel wire strand (``PC strand'') from Brazil,
India, Korea, Mexico, and Thailand, and the antidumping finding on PC
strand from Japan, as well as revocation of the countervailing duty
order on PC strand from 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: Instituted March 2, 2020. To be assured of consideration, the
deadline for responses is April 1, 2020. Comments on the adequacy of
responses may be filed with the Commission by May 14, 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 December 8, 1978, the Department of the Treasury
issued an antidumping finding on imports of PC strand from Japan (43 FR
57599). Following first five-year reviews by the Department of Commerce
(``Commerce'') and the Commission, effective February 3, 1999, Commerce
issued a continuation of the antidumping finding on imports of PC
strand from Japan (64 FR 40554, July 27, 1999). Following second five-
year reviews by Commerce and the Commission, effective June 25, 2004,
Commerce issued a continuation of the antidumping finding on imports of
PC strand from Japan (69 FR 35584). On January 28, 2004, Commerce
issued antidumping duty orders on imports of PC strand from Brazil,
India, Korea, Mexico, and Thailand (69 FR 4109-4113). On February 4,
2004, Commerce issued a countervailing duty order on imports of PC
strand from India (69 FR 5319). In 2009, the Commission conducted
grouped first five-year reviews of the antidumping duty orders on
imports of PC strand from Brazil, India, Korea, Mexico, and Thailand;
the first five-year review of the countervailing duty order on imports
of PC strand from India; and the third five-year review of the
antidumping finding on imports of PC strand from Japan (``2009
reviews''). Following the Commission's 2009 reviews, Commerce issued a
continuation of the antidumping duty orders on imports of PC strand
from Brazil, India, Korea, Mexico, and Thailand; the countervailing
duty order on imports of PC strand from India; and the
[[Page 12332]]
antidumping finding on imports of PC strand from Japan, effective
December 11, 2009 (74 FR 65739). Following the Commission's grouped
second five-year reviews of the antidumping duty orders on imports of
PC strand from Brazil, India, Korea, Mexico, and Thailand; the second
five-year review of the countervailing duty order on imports of PC
strand from India; and the fourth five-year review of the antidumping
finding on imports of PC strand from Japan (``2015 reviews''), Commerce
issued a continuation of the antidumping duty orders on imports of PC
strand from Brazil, India, Korea, Mexico, and Thailand; the
countervailing duty order on imports of PC strand from India; and the
antidumping finding on imports of PC strand from Japan, effective April
23, 2015 (80 FR 22708). The Commission is now conducting grouped third
five-year reviews of the antidumping duty orders on imports of PC
strand from Brazil, India, Korea, Mexico, and Thailand; the third five-
year review of the countervailing duty order on imports of PC strand
from India; and the fifth five-year review of the antidumping finding
on imports of PC strand from Japan pursuant to section 751(c) of the
Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation
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 Countries in these reviews are Brazil, India,
Japan, Korea, Mexico, and Thailand.
(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
expedited first and second five-year reviews of the antidumping finding
concerning Japan, the Commission found that the appropriate definition
of the Domestic Like Product was the same as Commerce's scope: All
steel wire strand, other than alloy steel, not galvanized, which has
been stress-relieved and is suitable for use in prestressed concrete.
(The Commission did not explicitly make a like product determination in
its original determination concerning Japan.) In its original
determinations concerning Brazil, India, Korea, Mexico, and Thailand,
the Commission found the Domestic Like Product to be all PC strand co-
extensive with Commerce's scope, that is, steel strand produced from
wire of non-stainless, non-galvanized steel that is suitable for use in
prestressed concrete (both pre-tensioned and post-tensioned)
applications and that encompasses covered and uncovered strand and all
types, grades, and diameters of prestressed concrete steel wire strand.
In its grouped full 2009 review determinations and its grouped
expedited 2015 review determinations, the Commission defined the
Domestic Like Product consistent with its prior determinations, that
is, steel strand produced from wire of non-stainless, non-galvanized
steel that is suitable for use in prestressed concrete (both pre-
tensioned and post-tensioned) applications and that encompasses covered
and uncovered strand and all types, grades, and diameters of
prestressed concrete steel wire strand. The Commission recognized that
the description of the scope of the finding concerning Japan and the
scope of the orders concerning Brazil, India, Korea, Mexico, and
Thailand differed in a number of technical respects but found that
those differences lacked significance.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination and
its expedited first and second reviews of the antidumping finding
concerning Japan, the Commission defined the Domestic Industry as all
producers of PC strand. Likewise, in its original determinations
concerning Brazil, India, Korea, Mexico, and Thailand, the Commission
found the Domestic Industry to be all producers of PC strand. The
Commission also determined that plastic coating did not constitute
sufficient production-related activity to qualify coaters as members of
the domestic industry producing PC strand. In its grouped full 2009
review determinations and its grouped expedited 2015 review
determinations, the Commission defined the Domestic Industry to include
all producers of the Domestic Like Product.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact 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
[[Page 12333]]
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 April 1, 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 May 14, 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. 20-5-458, 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: 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
finding/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 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 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.
[[Page 12334]]
(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 any Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2019 (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 2019 (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 (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 each Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in each Subject Country after 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 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: February 24, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-04078 Filed 2-28-20; 8:45 am]
BILLING CODE 7020-02-P
