March Review Institutions

PAPERWORK REDUCTION ACT
USITC IMPORT INJURY INVESTIGATIONS
GENERIC CLEARANCE SUBMISSION
OMB CONTROL NUMBER 3117-0016
This form should only be used if you are submitting a collection of information for approval under the USITC import injury
investigation clearance assigned OMB Control Number 3117-0016. Submit this form, responses to the supplemental questions (if
necessary), the collection instrument, and any additional documentation to: Office of Information and Regulatory Affairs, Office of
Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, D.C. 20503.
If the collection does not satisfy the requirements of the program clearance, you should follow the regular PRA clearance
procedures described in 5 CFR 1320.
Agency contact (person who can best answer questions about the content of the submission)
Name

Mary Messer

202-205-3193

Phone
Number of
respondents
(1)

[email protected]

E-mail

Hours
per response
(2)

Total
burden hours
(1) x (2)

Cumulative
burden hours1

Title of review scheduled for
institution

USITC
number1

Heavy Forged Hand Tool

11-5-235

3

10

30

23,270

Fresh & Chilled Atlantic Salmon

11-5-236

3

10

30

23,300

Paper Clips

11-5-237

3

10

30

23,360

1

Obtain from the Statistical Services Division.

Certification: The collections of information requested by this submission meet the requirement of the OMB approval for OMB
Control Number 3117-0016.
/s/ Catherine DeFilippo
Signature of Program Official

Date

/s/ Catherine DeFilippo
Signature of USITC Paperwork Clearance Officer

Date

Signature of OIRA Official

Date

Date submitted to OMB

Date approval received

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation Nos. 731-TA-457-A-D (Third Review)
HEAVY FORGED HAND TOOLS FROM CHINA

AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping duty orders on heavy forged hand
tools from China.
SUMMARY: The Commission hereby gives notice that it has instituted reviews pursuant to section
751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether revocation of the
antidumping duty orders on heavy forged hand tools from China would be likely to lead to continuation
or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested
to respond to this notice by submitting the information specified below to the Commission;1 to be assured
of consideration, the deadline for responses is February 2, 2011. Comments on the adequacy of responses
may be filed with the Commission by March 18, 2011. For further information concerning the conduct of
these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part
207), as most recently amended at 74 FR 2847 (January 16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER.
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 (http://www.usitc.gov).
The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On February 19, 1991, the Department of Commerce (“Commerce”) issued
antidumping duty orders on imports of the following classes or kinds of heavy forged hand tools from
China: (1) axes and adzes, (2) bars and wedges, (3) hammers and sledges, and (4) picks and mattocks (56
FR 6622). Following the first five-year reviews by Commerce and the Commission, effective August 10,
2000, Commerce issued a continuation of the antidumping duty order on imports of heavy forged hand
tools from China (65 FR 48962). Following second five-year reviews by Commerce and the
Commission, effective February 16, 2006, Commerce issued a continuation of the antidumping duty
orders on imports of heavy forged hand tools from China (71 FR 8276). The Commission is now
conducting third reviews to determine whether revocation of the orders would be likely to lead to

1

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. 11-5-235, expiration date June 30,
2011. 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.

continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable
time. It will assess the adequacy of interested party responses to this notice of institution to determine
whether to conduct full reviews or expedited reviews. The Commission’s determinations in any
expedited reviews will be based on the facts available, which may include information provided in
response to this notice.
Definitions.--The following definitions apply to these reviews:
(1)

Subject Merchandise is the class or kind of merchandise that is within the scope of the
five-year reviews, as defined by Commerce.

(2)

The Subject Country in these reviews is China.

(3)

The Domestic Like Product is the domestically produced product or products which are
like, or in the absence of like, most similar in characteristics and uses with, the Subject
Merchandise. In its original determinations, its full first five-year review determinations,
and its expedited second five-year review determinations, the Commission found four
Domestic Like Products: (1) axes, adzes, and hewing tools, other than machetes, with or
without handles; (2) bar tools, track tools, and wedges; (3) hammers and sledges, with
heads weighing two pounds or more, with or without handles; and (4) picks and
mattocks, with or without handles.

(4)

The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or
those producers whose collective output of the Domestic Like Product constitutes a major
proportion of the total domestic production of the product. In its original determinations,
its full first five-year review determinations, and its expedited second five-year review
determinations, the Commission found four Domestic Industries: (1) domestic producers
of axes, adzes and hewing tools, other than machetes, with or without handles; (2)
domestic producers of bar tools, track tools, and wedges; (3) domestic producers of
hammers and sledges, with heads weighing two pounds or more, with or without handles;
and (4) domestic producers of picks and mattocks, with or without handles. The
Commission excluded from the Domestic Industries companies that do no more than
assemble imported heads with handles purchased from a domestic manufacturer. In the
original determinations, the Commission also excluded one domestic producer, Madison
Mill, from the Domestic Industries under the related parties provision. In the first
reviews, the Commission did not find that Madison Mill engaged in sufficient
production-related activity to be considered a domestic producer.

(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 reviews 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 reviews 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 reviews.

2

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. The Commission’s designated agency ethics official has
advised that a five-year review is not considered the “same particular matter” as the corresponding
underlying original 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)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. 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 was pending when they were
Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under an administrative protective
order (APO) and APO service list.--Pursuant to section 207.7(a) of the Commission’s rules, the Secretary
will make BPI submitted in these reviews available to authorized applicants under the APO issued in the
reviews, 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 reviews. 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 these reviews must certify that the information is
accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter
will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract
personnel to use the information provided in any other reviews or investigations of the same or
comparable products which the Commission conducts under Title VII of the Act, or in internal audits and
investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
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 February 2, 2011. 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 March 18, 2011. All written submissions must
conform with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions
that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the
Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary
by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s
rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all
other parties to the reviews (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 reviews you do not need
to serve your response).
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
3

notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the
Act in making its determinations in the reviews.
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: Please
provide the requested information separately for each Domestic Like Product, as defined by the
Commission in its determinations, and for each of the products identified by Commerce as Subject
Merchandise. 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 E-mail address of the certifying official.

(2)

A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Products,
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, 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 these reviews by
providing information requested by the Commission.

(4)

A statement of the likely effects of the revocation of the antidumping duty orders on the Domestic
Industries 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 Industries.

(5)

A list of all known and currently operating U.S. producers of the Domestic Like Products.
Identify any known related parties and the nature of the relationship as defined in section
771(4)(B) of the Act (19 U.S.C. § 1677(4)(B)).

(6)

A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in the Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries after 2004.

(7)

A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Products and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail 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
Products or the Subject Merchandise in the U.S. or other markets.

(9)

If you are a U.S. producer of the Domestic Like Products, provide the following information on
your firm’s operations on that product during calendar year 2010, except as noted (report quantity
data in units and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or
trade/business association, provide the information, on an aggregate basis, for the firms in which
your workers are employed/which are members of your association.
(a)

Production (quantity) and, if known, an estimate of the percentage of total U.S.
production of the Domestic Like Products accounted for by your firm’s(s’) production;

4

(10)

(11)

(b)

Capacity (quantity) of your firm to produce the Domestic Like Products (i.e., the level of
production that your establishment(s) could reasonably have expected to attain during the
year, assuming normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per year), time for
downtime, maintenance, repair, and cleanup, and a typical or representative product mix);

(c)

the quantity and value of U.S. commercial shipments of the Domestic Like Products
produced in your U.S. plant(s);

(d)

the quantity and value of U.S. internal consumption/company transfers of the Domestic
Like Products 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 Products 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).

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 2010 (report quantity data in units and value data
in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a)

The quantity and value (landed, duty-paid but not including antidumping 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 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 duties) of U.S. internal
consumption/company transfers of Subject Merchandise imported from the Subject
Country.

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 2010 (report quantity data in units and value data
in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping 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 to produce the Subject Merchandise in the Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix); and
5

(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 Products that have occurred in the United States or in the market for the Subject
Merchandise in the Subject Country after 2004, 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 Products 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
Products and Domestic Industries; if you disagree with either or both of these definitions, please
explain why and provide alternative definitions.

AUTHORITY: These reviews are 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.

Marilyn R. Abbott
Secretary to the Commission
Issued:

6

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation No. 731-TA-663 (Third Review)
PAPER CLIPS FROM CHINA

AGENCY: United States International Trade Commission.
ACTION: Institution of a five-year review concerning the antidumping duty order on paper clips from
China.
SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section
751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether revocation of the
antidumping duty order on paper clips from China would be likely to lead to continuation or recurrence of
material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to
this notice by submitting the information specified below to the Commission;1 to be assured of
consideration, the deadline for responses is February 2, 2011. Comments on the adequacy of responses
may be filed with the Commission by March 18, 2011. For further information concerning the conduct of
this review and rules of general application, consult the Commission’s Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part
207), as most recently amended at 74 FR 2847 (January 16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER.
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 (http://www.usitc.gov).
The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On November 25, 1994, the Department of Commerce (“Commerce”) issued an
antidumping duty order on imports of paper clips from China (59 FR 60606). Following five-year
reviews by Commerce and the Commission, effective August 15, 2000, Commerce issued a continuation
of the antidumping duty order on imports of paper clips from China (65 FR 49784). Following second
five-year reviews by Commerce and the Commission, effective February 7, 2006, Commerce issued a
continuation of the antidumping duty order on imports of paper clips from China (71 FR 6269). The
Commission is now conducting a third review to determine whether revocation of the order would be
likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably
foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to

1

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. 11-5-237, expiration date June 30,
2011. 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.

determine whether to conduct a full review or an expedited review. The Commission’s determination in
any expedited review will be based on the facts available, which may include information provided in
response to this notice.
Definitions.--The following definitions apply to this review:
(1)

Subject Merchandise is the class or kind of merchandise that is within the scope of the
five-year review, as defined by the Department of Commerce.

(2)

The Subject Country in this review is China.

(3)

The Domestic Like Product is the domestically produced product or products which are
like, or in the absence of like, most similar in characteristics and uses with, the Subject
Merchandise. In its original determination and its expedited first and second five-year
review determinations, the Commission defined the Domestic Like Product as certain
wire paper clips, 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 expedited first and second five-year review determinations, the Commission
defined the Domestic Industry to consist of all domestic producers of paper clips.

(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 review 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 review 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 review.
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. The Commission’s designated agency ethics official has
advised that a five-year review is not considered the “same particular matter” as the corresponding
underlying original 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)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. 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 was pending when they were
Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under an administrative protective
order (APO) and APO service list.--Pursuant to section 207.7(a) of the Commission’s rules, the Secretary
will make BPI submitted in this review available to authorized applicants under the APO issued in the
review, provided that the application is made no later than 21 days after publication of this notice in the
2

Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. §
1677(9), who are parties to the review. 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 review must certify that the information is
accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter
will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract
personnel to use the information provided in any other reviews or investigations of the same or
comparable products which the Commission conducts under Title VII of the Act, or in internal audits and
investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
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 February 2, 2011. 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 an expedited or full
review. The deadline for filing such comments is March 18, 2011. All written submissions must conform
with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions that
contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission’s
rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or
electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended,
67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the
Commission’s rules, each document filed by a party to the review must be served on all other parties to
the review (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 review you do not need to serve your
response).
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 in making its determination in the review.
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: 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 E-mail address of the certifying official.

(2)

A statement indicating 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, 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

(3)

A statement indicating whether your firm/entity is willing to participate in this review by
providing information requested by the Commission.

(4)

A statement of the likely effects of the revocation of the antidumping duty order on the Domestic
Industry in general and/or your firm/entity specifically. In your response, please discuss the
various factors specified in section 752(a) of the Act (19 U.S.C. § 1675a(a)) including the likely
volume of subject imports, likely price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.

(5)

A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify
any known related parties and the nature of the relationship as defined in section 771(4)(B) of the
Act (19 U.S.C. § 1677(4)(B)).

(6)

A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in the Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries after 2004.

(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 E-mail 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 2010, except as noted (report quantity
data in units and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or
trade/business association, provide the information, on an aggregate basis, for the firms in which
your workers are employed/which are members of your association.
(a)

Production (quantity) and, if known, an estimate of the percentage of total U.S.
production of the Domestic Like Product accounted for by your firm’s(s’) production;

(b)

Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of
production that your establishment(s) could reasonably have expected to attain during the
year, assuming normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per year), time for
downtime, maintenance, repair, and cleanup, and a typical or representative product mix);

(c)

the quantity and value of U.S. commercial shipments of the Domestic Like Product
produced in your U.S. plant(s);

(d)

the quantity and value of U.S. internal consumption/company transfers of the Domestic
Like Product produced in your U.S. plant(s); and

(e)

the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling,
general and administrative (SG&A) expenses, and (v) operating income of the Domestic
Like Product produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most recently completed
fiscal year (identify the date on which your fiscal year ends).

4

(10)

(11)

(12)

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 2010 (report quantity data in units and value data
in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a)

The quantity and value (landed, duty-paid but not including antidumping 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 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 duties) of U.S. internal
consumption/company transfers of Subject Merchandise imported from the Subject
Country.

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 2010 (report quantity data in units and value data
in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping 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 to produce the Subject Merchandise in the Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix); and

(c)

the quantity and value of your firm’s(s’) exports to the United States of Subject
Merchandise and, if known, an estimate of the percentage of total exports to the United
States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’)
exports.

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 2004, 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.
5

(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 review 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.

Marilyn R. Abbott
Secretary to the Commission
Issued:

6

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigations Nos. 701-TA-302 and 731-TA-454 (Third Review)
FRESH AND CHILLED ATLANTIC SALMON FROM NORWAY

AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing duty and antidumping duty
orders on fresh and chilled Atlantic salmon from Norway.
SUMMARY: The Commission hereby gives notice that it has instituted reviews pursuant to section
751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether revocation of the
countervailing duty and antidumping duty orders on fresh and chilled Atlantic salmon from Norway
would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of
the Act, interested parties are requested to respond to this notice by submitting the information specified
below to the Commission;1 to be assured of consideration, the deadline for responses is February 2, 2011.
Comments on the adequacy of responses may be filed with the Commission by March 18, 2011. For
further information concerning the conduct of these reviews and rules of general application, consult the
Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and
part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January
16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER.
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 (http://www.usitc.gov).
The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On April 12, 1991, the Department of Commerce (“Commerce”) issued
countervailing duty and antidumping duty orders on imports of fresh and chilled Atlantic salmon from
Norway (56 FR 14920, 14921). Following five-year reviews by Commerce and the Commission,
effective March 13, 2000, Commerce issued a continuation of the countervailing duty and antidumping
duty orders on imports of fresh and chilled Atlantic salmon from Norway (65 FR 13358). Following
second five-year reviews by Commerce and the Commission, effective February 13, 2006, Commerce
issued a continuation of the countervailing duty order and antidumping duty order on imports of fresh and
chilled Atlantic salmon from Norway (71 FR 7512). The Commission is now conducting third reviews to

1

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. 11-5-236, expiration date June 30,
2011. 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.

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. It will assess the adequacy
of interested party responses to this notice of institution to determine whether to conduct full reviews or
expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts
available, which may include information provided in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1)

Subject Merchandise is the class or kind of merchandise that is within the scope of the
five-year reviews, as defined by Commerce.

(2)

The Subject Country in these reviews is Norway.

(3)

The Domestic Like Product is the domestically produced product or products which are
like, or in the absence of like, most similar in characteristics and uses with, the Subject
Merchandise. In its original determinations, its expedited first five-year review
determinations, and its full second five-year review determinations, the Commission
defined the Domestic Like Product as fresh and chilled Atlantic salmon, including salmon
smolts.

(4)

The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or
those producers whose collective output of the Domestic Like Product constitutes a major
proportion of the total domestic production of the product. In its original determinations,
its expedited first five-year review determinations, and its full second five-year review
determinations, the Commission defined the Domestic Industry as all domestic producers
of fresh and chilled Atlantic salmon, including salmon smolts.

(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 reviews 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 reviews 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 reviews.
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. The Commission’s designated agency ethics official has
advised that a five-year review is not considered the “same particular matter” as the corresponding
underlying original 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)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. 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 was pending when they were
Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.

2

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 these reviews available to authorized applicants under the APO issued in the
reviews, 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 reviews. 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 these reviews must certify that the information is
accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter
will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract
personnel to use the information provided in any other reviews or investigations of the same or
comparable products which the Commission conducts under Title VII of the Act, or in internal audits and
investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
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 February 2, 2011. 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 March 18, 2011. All written submissions must
conform with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions
that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the
Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary
by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s
rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all
other parties to the reviews (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 reviews you do not need
to serve your response).
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 in making its determinations in the reviews.
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: 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 E-mail address of the certifying official.

(2)

A statement indicating 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, or another
3

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 these reviews by
providing information requested by the Commission.

(4)

A statement of the likely effects of the revocation of the countervailing duty order and the
antidumping duty order on the Domestic Industry in general and/or your firm/entity specifically.
In your response, please discuss the various factors specified in section 752(a) of the Act (19
U.S.C. § 1675a(a)) including the likely volume of subject imports, likely price effects of subject
imports, and likely impact of imports of Subject Merchandise on the Domestic Industry.

(5)

A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify
any known related parties and the nature of the relationship as defined in section 771(4)(B) of the
Act (19 U.S.C. § 1677(4)(B)).

(6)

A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in the Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries after 2004.

(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 E-mail 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 2010, except as noted (report quantity
data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or
trade/business association, provide the information, on an aggregate basis, for the firms in which
your workers are employed/which are members of your association.
(a)

Production (quantity) and, if known, an estimate of the percentage of total U.S.
production of the Domestic Like Product accounted for by your firm’s(s’) production;

(b)

Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of
production that your establishment(s) could reasonably have expected to attain during the
year, assuming normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per year), time for
downtime, maintenance, repair, and cleanup, and a typical or representative product mix);

(c)

the quantity and value of U.S. commercial shipments of the Domestic Like Product
produced in your U.S. plant(s);

(d)

the quantity and value of U.S. internal consumption/company transfers of the Domestic
Like Product produced in your U.S. plant(s); and

(e)

the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling,
general and administrative (SG&A) expenses, and (v) operating income of the Domestic
4

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)

(11)

(12)

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 2010 (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 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.

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 2010 (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 the Subject Country accounted for by your firm’s(s’) production;

(b)

Capacity (quantity) of your firm to produce the Subject Merchandise in the Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix); and

(c)

the quantity and value of your firm’s(s’) exports to the United States of Subject
Merchandise and, if known, an estimate of the percentage of total exports to the United
States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’)
exports.

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 2004, 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
5

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: These reviews are 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.

Marilyn R. Abbott
Secretary to the Commission
Issued:

6