Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, Korea, the Netherlands, Russia, Turkey, and the United Kingdom; Institution of Five-Year Reviews, 49057-49060 [2021-18785]
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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices
(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 2020 (report quantity data
in 1,000 gallons @ 400 GPL 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 2020
(report quantity data in 1,000 gallons @
400 GPL 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)
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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 2016 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 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 § 207.61 of the
Commission’s rules.
INTERNATIONAL TRADE
COMMISSION
By order of the Commission.
Issued: August 26, 2021.
Katherine Hiner,
Supervisory Attorney.
Background
[FR Doc. 2021–18787 Filed 8–31–21; 8:45 am]
BILLING CODE 7020–02–P
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49057
[Investigation Nos. 701–TA–545–546 and
731–TA–1291–1297 (Review), and 731–TA–
808 (Fourth Review)]
Hot-Rolled Steel Flat Products From
Australia, Brazil, Japan, Korea, the
Netherlands, Russia, Turkey, and the
United Kingdom; Institution of FiveYear Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted reviews
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the
countervailing duty orders on imports of
hot-rolled steel flat products (‘‘hotrolled steel’’) from Brazil and Korea and
revocation of the antidumping duty
orders on hot-rolled steel from
Australia, Brazil, Japan, Korea, the
Netherlands, Russia, Turkey, and the
United Kingdom 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 September 1, 2021. To
be assured of consideration, the
deadline for responses is October 1,
2021. Comments on the adequacy of
responses may be filed with the
Commission by November 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Lawrence Jones (202–205–3358), 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:
SUMMARY:
Effective July 12, 1999, the
Department of Commerce (‘‘Commerce’’)
suspended the antidumping duty
investigation on hot-rolled steel imports
from Russia (64 FR 38642, July 19,
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1999). Following first five-year reviews
by Commerce and the Commission,
effective May 12, 2005, Commerce
issued a continuation of the suspended
investigation on imports of hot-rolled
steel from Russia (70 FR 32571, June 3,
2005). Following second five-year
reviews by Commerce and the
Commission, effective June 17, 2011,
Commerce issued a continuation of the
suspended investigation on imports of
hot-rolled steel from Russia (76 FR
35400, June 17, 2011). Effective
December 19, 2014, Commerce
terminated the agreement suspending
the antidumping duty investigation on
hot-rolled steel from Russia and issued
an antidumping duty order (79 FR
77455, December 24, 2014). Following
the expedited, third five-year reviews by
Commerce and the Commission,
effective October 20, 2016, Commerce
issued a continuation of the
antidumping duty order on imports of
hot-rolled steel from Russia (81 FR
72569, October 20, 2016).
On October 3, 2016, Commerce issued
countervailing duty orders on imports of
hot-rolled steel from Brazil and Korea
and antidumping duty orders on
imports of hot-rolled steel from
Australia, Brazil, Japan, Korea, the
Netherlands, Turkey, and the United
Kingdom (81 FR 67960 and 81 FR
67962).
The Commission is conducting first
five-year reviews of the orders
concerning Australia, Brazil, Japan,
Korea, the Netherlands, Turkey, and the
United Kingdom and a fourth five-year
review of the order concerning Russia
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 a full
review or an expedited review. The
Commission’s determination in any
expedited review will be based on the
facts available, which may include
information provided in response to this
notice.
Definitions
The following definitions apply to
these reviews:
(1) Subject Merchandise is the class or
kind of merchandise that is within the
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scope of these five-year reviews, as
defined by the Department of
Commerce.
(2) The Subject Countries in these
reviews are Australia, Brazil, Japan,
Korea, the Netherlands, Russia, Turkey,
and the United Kingdom.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determination and its first, second, and
third five-year review determinations
(Russia), and in its original
determinations (Australia, Brazil, Japan,
Korea, the Netherlands, Turkey, and the
United Kingdom), the Commission
defined a single Domestic Like Product
consisting of all hot-rolled steel,
coextensive with Commerce’s scope.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determination
and its first, second, and third five-year
review determinations (Russia), and in
its original determinations (Australia,
Brazil, Japan, Korea, the Netherlands,
Turkey, and the United Kingdom), the
Commission defined the Domestic
Industry as all domestic producers of
hot-rolled steel.
(5) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the Proceeding and
Public Service List
Persons, including industrial users of
the Subject Merchandise and, if the
merchandise is sold at the retail level,
representative consumer organizations,
wishing to participate in the proceeding
as parties must file an entry of
appearance with the Secretary to the
Commission, as provided in
§ 201.11(b)(4) of the Commission’s rules,
no later than 21 days after publication
of this notice in the Federal Register.
The Secretary will maintain a public
service list containing 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
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underlying original investigation or an
earlier review of the same underlying
investigation. The Commission’s
designated agency ethics official has
advised that a five-year review is not the
same particular matter as the underlying
original investigation, and a five-year
review is not the same particular matter
as an earlier review of the same
underlying investigation for purposes of
18 U.S.C. 207, the post-employment
statute for Federal employees, and
Commission rule 201.15(b) (19 CFR
201.15(b)), 79 FR 3246 (Jan. 17, 2014),
73 FR 24609 (May 5, 2008).
Consequently, former employees are not
required to seek Commission approval
to appear in a review under Commission
rule 19 CFR 201.15, even if the
corresponding underlying original
investigation or an earlier review of the
same underlying investigation was
pending when they were Commission
employees. For further ethics advice on
this matter, contact 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 § 207.7(a) of the
Commission’s rules, the Secretary will
make BPI submitted in this proceeding
available to authorized applicants under
the APO issued in the proceeding,
provided that the application is made
no later than 21 days after publication
of this notice in the Federal Register.
Authorized applicants must represent
interested parties, as defined in 19
U.S.C. 1677(9), who are parties to the
proceeding. A separate service list will
be maintained by the Secretary for those
parties authorized to receive BPI under
the APO.
Certification
Pursuant to § 207.3 of the
Commission’s rules, any person
submitting information to the
Commission in connection with this
proceeding must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will acknowledge that information
submitted in response to this request for
information and throughout this
proceeding or other proceeding may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
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
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500 E Street SW, Washington, DC
20436.
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements.
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Written Submissions
Pursuant to § 207.61 of the
Commission’s rules, each interested
party response to this notice must
provide the information specified
below. The deadline for filing such
responses is October 1, 2021. Pursuant
to § 207.62(b) of the Commission’s rules,
eligible parties (as specified in
Commission rule 207.62(b)(1)) may also
file comments concerning the adequacy
of responses to the notice of institution
and whether the Commission should
conduct an expedited or full review.
The deadline for filing such comments
is November 16, 2021. All written
submissions must conform with the
provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on 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 §§ 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).
Please note the Secretary’s Office will
accept only electronic filings at this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice.
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.
21–5–498, expiration date June 30,
2023. 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,
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Inability To Provide Requested
Information
Pursuant to § 207.61(c) of the
Commission’s rules, any interested
party that cannot furnish the
information requested by this notice in
the requested form and manner shall
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
§ 776(b) of the Act (19 U.S.C. 1677e(b))
in making its determination in the
review.
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.
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49059
(4) A statement of the likely effects of
the revocation of the countervailing and
the antidumping duty orders on the
Domestic Industry in general and/or
your firm/entity specifically. In your
response, please discuss the various
factors specified in § 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
§ 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
October 2016.
(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 2020, except as noted
(report quantity data in short tons 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);
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(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 2020 (report quantity data
in short tons 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 2020
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping 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.
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(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 October 2016
and significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of Title VII
of the Tariff Act of 1930; this notice is
published pursuant to § 207.61 of the
Commission’s rules.
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By order of the Commission.
Issued: August 25, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021–18785 Filed 8–31–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
Annual Determination of Average Cost
of Incarceration Fee (COIF)
AGENCY:
ACTION:
Bureau of Prisons, Justice.
Notice.
This Notice publishes the
Fiscal Year (FY) 2019 and 2020 Cost of
Incarceration Fee (COIF) for Federal
inmates.
SUMMARY:
DATES:
September 1, 2021.
Office of General Counsel,
Federal Bureau of Prisons, 320 First St.
NW, Washington, DC 20534.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, (202) 353–8248.
Title 28 of
the Code of Federal Regulations, part
505, allows for assessment of a fee to
cover the average cost of incarceration
for Federal inmates. We calculate the
cost of incarceration fee (COIF) by
dividing the number representing the
Bureau of Prisons (Bureau) facilities’
monetary obligation (excluding
activation costs) by the number of
inmate-days incurred for the fiscal year,
and then by multiplying the quotient by
the number of days in the fiscal year.
SUPPLEMENTARY INFORMATION:
Based on FY 2019 data, the average
annual COIF for a Federal inmate in a
Federal facility in FY 2019 was $35,347
($107.85 per day). The average annual
COIF for a Federal inmate in a
Residential Reentry Center for FY 2019
was $39,924 ($109.38 per day). (Please
note: There were 365 days in FY 2019.)
Based on FY 2020 data, the average
annual COIF for a Federal inmate in a
Federal facility in FY 2020 was $39,158
($120.59 per day). The average annual
COIF for a Federal inmate in a
Residential Reentry Center for FY 2020
was $35,663 ($97.44 per day). (Please
note: There were 365 days in FY 2020.)
Ken Hyle,
Assistant Director/General Counsel, Federal
Bureau of Prisons.
[FR Doc. 2021–18800 Filed 8–31–21; 8:45 am]
BILLING CODE 4410–05–P
E:\FR\FM\01SEN1.SGM
01SEN1
Agencies
[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49057-49060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18785]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-545-546 and 731-TA-1291-1297 (Review), and
731-TA-808 (Fourth Review)]
Hot-Rolled Steel Flat Products From Australia, Brazil, Japan,
Korea, the Netherlands, Russia, Turkey, and the United Kingdom;
Institution of Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the countervailing duty orders on
imports of hot-rolled steel flat products (``hot-rolled steel'') from
Brazil and Korea and revocation of the antidumping duty orders on hot-
rolled steel from Australia, Brazil, Japan, Korea, the Netherlands,
Russia, Turkey, and the United Kingdom 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 September 1, 2021. To be assured of consideration,
the deadline for responses is October 1, 2021. Comments on the adequacy
of responses may be filed with the Commission by November 16, 2021.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), 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
Effective July 12, 1999, the Department of Commerce (``Commerce'')
suspended the antidumping duty investigation on hot-rolled steel
imports from Russia (64 FR 38642, July 19,
[[Page 49058]]
1999). Following first five-year reviews by Commerce and the
Commission, effective May 12, 2005, Commerce issued a continuation of
the suspended investigation on imports of hot-rolled steel from Russia
(70 FR 32571, June 3, 2005). Following second five-year reviews by
Commerce and the Commission, effective June 17, 2011, Commerce issued a
continuation of the suspended investigation on imports of hot-rolled
steel from Russia (76 FR 35400, June 17, 2011). Effective December 19,
2014, Commerce terminated the agreement suspending the antidumping duty
investigation on hot-rolled steel from Russia and issued an antidumping
duty order (79 FR 77455, December 24, 2014). Following the expedited,
third five-year reviews by Commerce and the Commission, effective
October 20, 2016, Commerce issued a continuation of the antidumping
duty order on imports of hot-rolled steel from Russia (81 FR 72569,
October 20, 2016).
On October 3, 2016, Commerce issued countervailing duty orders on
imports of hot-rolled steel from Brazil and Korea and antidumping duty
orders on imports of hot-rolled steel from Australia, Brazil, Japan,
Korea, the Netherlands, Turkey, and the United Kingdom (81 FR 67960 and
81 FR 67962).
The Commission is conducting first five-year reviews of the orders
concerning Australia, Brazil, Japan, Korea, the Netherlands, Turkey,
and the United Kingdom and a fourth five-year review of the order
concerning Russia 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 a full review or an
expedited review. The Commission's determination in any expedited
review will be based on the facts available, which may include
information provided in response to this notice.
Definitions
The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of these five-year reviews, as defined by the
Department of Commerce.
(2) The Subject Countries in these reviews are Australia, Brazil,
Japan, Korea, the Netherlands, Russia, Turkey, and the United Kingdom.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination and its first, second, and third five-year review
determinations (Russia), and in its original determinations (Australia,
Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom),
the Commission defined a single Domestic Like Product consisting of all
hot-rolled steel, coextensive with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination and
its first, second, and third five-year review determinations (Russia),
and in its original determinations (Australia, Brazil, Japan, Korea,
the Netherlands, Turkey, and the United Kingdom), the Commission
defined the Domestic Industry as all domestic producers of hot-rolled
steel.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the Proceeding and Public Service List
Persons, including industrial users of the Subject Merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than
21 days after publication of this notice in the Federal Register. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 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 Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification
Pursuant to Sec. 207.3 of the Commission's rules, any person
submitting information to the Commission in connection with this
proceeding must certify that the information is accurate and complete
to the best of the submitter's knowledge. In making the certification,
the submitter will acknowledge that information submitted in response
to this request for information and throughout this proceeding or other
proceeding may be disclosed to and used: (i) By the Commission, its
employees and Offices, and contract personnel (a) for developing or
maintaining the records of this or a related proceeding, or (b) in
internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of
[[Page 49059]]
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written Submissions
Pursuant to Sec. 207.61 of the Commission's rules, each interested
party response to this notice must provide the information specified
below. The deadline for filing such responses is October 1, 2021.
Pursuant to Sec. 207.62(b) of the Commission's rules, eligible parties
(as specified in Commission rule 207.62(b)(1)) may also file comments
concerning the adequacy of responses to the notice of institution and
whether the Commission should conduct an expedited or full review. The
deadline for filing such comments is November 16, 2021. All written
submissions must conform with the provisions of Sec. 201.8 of the
Commission's rules; any submissions that contain BPI must also conform
with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the
Commission's rules. The Commission's Handbook on 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 Sec. Sec. 201.16(c) and 207.3 of the Commission's rules, each
document filed by a party to the proceeding must be served on all other
parties to the proceeding (as identified by either the public or APO
service list as appropriate), and a certificate of service must
accompany the document (if you are not a party to the proceeding you do
not need to serve your response).
Please note the Secretary's Office will accept only electronic
filings at this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
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. 21-5-498, expiration
date June 30, 2023. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436.
Inability To Provide Requested Information
Pursuant to Sec. 207.61(c) of the Commission's rules, any
interested party that cannot furnish the information requested by this
notice in the requested form and manner shall 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 Sec. 776(b) of the Act
(19 U.S.C. 1677e(b)) in making its determination in the review.
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
countervailing and the antidumping duty orders on the Domestic Industry
in general and/or your firm/entity specifically. In your response,
please discuss the various factors specified in Sec. 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 Sec. 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 October 2016.
(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 2020, except as noted (report quantity
data in short tons 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);
[[Page 49060]]
(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 2020 (report quantity data in short tons
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 2020 (report quantity
data in short tons and value data in U.S. dollars, landed and duty-paid
at the U.S. port but not including antidumping 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 October 2016 and significant
changes, if any, that are likely to occur within a reasonably
foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production
(including the shift of production facilities used for other products
and the use, cost, or availability of major inputs into production);
and factors related to the ability to shift supply among different
national markets (including barriers to importation in foreign markets
or changes in market demand abroad). Demand conditions to consider
include end uses and applications; the existence and availability of
substitute products; and the level of competition among the Domestic
Like Product produced in the United States, Subject Merchandise
produced in each Subject Country, and such merchandise from other
countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
Title VII of the Tariff Act of 1930; this notice is published pursuant
to Sec. 207.61 of the Commission's rules.
By order of the Commission.
Issued: August 25, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18785 Filed 8-31-21; 8:45 am]
BILLING CODE 7020-02-P