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pdfPAPERWORK 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
Artists’ Canvas
11-5-244
3
10
30
52,690
Gray Portland Cement &
Clinker
11-5-245
3
10
30
52,720
Helical Spring Lockwashers
11-5-246
3
10
30
52,750
Pure Magnesium
11-5-247
3
10
30
52,780
Tin- and Chromium-Coated
Steel Sheet
11-5-248
3
10
30
52,810
Certain Pipe and Tube
11-5-249
3
10
30
52,840
Certain Welded Stainless Steel
Pipe
11-5-250
3
10
30
52,870
Stainless Steel Wire Rod
11-5-251
3
10
30
52,900
Uranium
11-5-252
3
10
30
52,930
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 No. 731-TA-1091 (Review)
ARTISTS’ CANVAS FROM CHINA
AGENCY: United States International Trade Commission.
ACTION: Institution of a five-year review concerning the antidumping duty order on artists’ canvas 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 artists’ canvas 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 June 1, 2011. Comments on the adequacy of responses may be
filed with the Commission by July 15, 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.
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. 11-5-244, 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.
SUPPLEMENTARY INFORMATION:
Background.--On June 1, 2006, the Department of Commerce issued an antidumping duty order on
imports of artists’ canvas from China (71 FR 31154). The Commission is conducting a 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 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, the Commission found a single Domestic Like
Product, all artists’ canvas, co-extensive with the scope of the investigation.
(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,
the Commission defined the Domestic Industry as all U.S. producers of artists’ canvas, that
is, the producers of bulk canvas and non-print converters. Certain Commissioners defined
the Domestic Industry differently.
(5)
The Order Date is the date that the antidumping duty order under review became effective.
In this review, the Order Date is June 1, 2006.
(6)
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 Asame 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
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 June 1, 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 July 15, 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 Afirm@ 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
3
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 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 since the Order Date.
(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
square meters 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
4
(e)
(10)
(11)
(12)
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).
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 square meters 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 square meters 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 since the Order Date, 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
5
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 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.
James R. Holbein
Acting Secretary to the Commission
Issued:
6
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation No. 731-TA-461 (Third Review)
GRAY PORTLAND CEMENT AND CEMENT CLINKER FROM JAPAN
AGENCY: United States International Trade Commission.
ACTION: Institution of a five-year review concerning the antidumping duty order on gray portland
cement and cement clinker from Japan.
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 gray portland cement and cement clinker from Japan 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 June 1, 2011. Comments on the adequacy of
responses may be filed with the Commission by July 15, 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.
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. 11-5-245, 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.
SUPPLEMENTARY INFORMATION:
Background.--On May 10, 1991, the Department of Commerce issued an antidumping duty order on
imports of gray portland cement and cement clinker from Japan (56 FR 21658). Following first five-year
reviews by Commerce and the Commission, effective November 15, 2000, Commerce issued a
continuation of the antidumping duty order on imports of gray portland cement and cement clinker from
Japan (65 FR 68979). Following second five-year reviews by Commerce and the Commission, effective
June 16, 2006, Commerce issued a continuation of the antidumping duty order on imports of gray
portland cement and cement clinker from Japan (71 FR 34892). 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 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 Japan.
(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, its full first five-year review determination,
and its expedited second five-year review determination, the Commission defined a
single Domestic Like Product consisting of gray portland cement and cement clinker
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,
the Commission defined the Domestic Industry as producers of gray portland cement and
cement clinker, including “grinding only” operations. The Commission also concluded
in its original determination, its full first five-year review determination, and its expedited
second five-year review determination that appropriate circumstances existed for a
regional industry analysis. In the original investigation, the Commission considered
whether the Southern California region (defined as the counties of San Luis Obispo,
Kern, Inyo, Mono, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange,
Riverside, San Diego, and Imperial), as proposed by the petitioners, or a larger region,
the State of California, was the appropriate region. In its original determination, the
Commission determined that both regions satisfied the market isolation criteria but found
the more appropriate region for its analysis was Southern California; one Commissioner
found the regional industry to consist of producers in the State of California. In its full
first five-year review determination, the Commission found that there had been
integration of the Northern and Southern regions of California and defined the region as
the State of California. The Commission also determined that the record in its expedited
second five-year review supported a finding of a regional industry corresponding to the
region of the State of California.
For purposes of this notice, you should report information separately on each of the
following Domestic Industries: (1) producers of gray portland cement and cement
clinker, including “grinding only” operations, located in Southern California; (2)
producers of gray portland cement and cement clinker, including “grinding only”
operations, located in the State of California; and (3) producers of gray portland cement
and cement clinker, including “grinding only” operations, located in the United States as
a whole. Additionally, this notice uses the term Domestic Market Area to describe the
area served by each Domestic Industry. Consequently, for purposes of this notice there
are three Domestic Market Areas: (1) Southern California, (2) the State of California; (3)
the United States.
(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 Asame 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
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
3
responses is June 1, 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 July 15, 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: Please
provide the requested information separately for each Domestic Industry, as previously defined in this
notice, and, as applicable, its corresponding Domestic Market Area. As used below, the term Afirm@
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)
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)).
4
(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 2005.
(7)
A list of 3-5 leading purchasers in the Domestic Market Area 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 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.
(10)
(a)
Production (quantity) and, if known, an estimate of the percentage of total Domestic
Industry 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).
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 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 duties) of U.S.
imports into the Domestic Market Area and, if known, an estimate of the percentage of
total U.S. imports into the Domestic Market Area of Subject Merchandise from the
Subject Country accounted for by your firm=s(s=) imports;
5
(11)
(b)
the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S.
commercial shipments into the Domestic Market Area 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 into the Domestic Market Area 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 short tons and value
data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties).
If you are a trade/business association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a)
Production (quantity) and, if known, an estimate of the percentage of total production of
Subject Merchandise in 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.
(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 Domestic Market Area or in the market for the
Subject Merchandise in the Subject Country after 2005, 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 by the Domestic Industry, 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.
6
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.
James R. Holbein
Acting Secretary to the Commission
Issued:
7
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation Nos. 731-TA-624 and 625 (Third Review)
HELICAL SPRING LOCK WASHERS FROM CHINA AND TAIWAN
Institution of five-year reviews concerning the antidumping duty orders on helical spring lock washers
from China and Taiwan.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 helical spring lock washers from China and Taiwan 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 July 1, 2011. Comments on the adequacy of
responses may be filed with the Commission by August 15, 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.
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. 11-5-246, 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.
SUPPLEMENTARY INFORMATION:
Background.--On June 28, 1993, the Department of Commerce (“Commerce”) issued an
antidumping duty order on imports of helical spring lock washers from Taiwan (58 FR 34567). On
October 19, 1993, Commerce issued an antidumping duty order on imports of helical spring lock washers
from China (58 FR 53914). Following first five-year reviews by Commerce and the Commission,
effective February 23, 2001, Commerce issued a continuation of the antidumping duty orders on imports
of helical spring lock washers from China and Taiwan (66 FR 11255). Following second five-year
reviews by Commerce and the Commission, effective July 3, 2006, Commerce issued a continuation of
the antidumping duty orders on imports of helical spring lock washers from China and Taiwan (71 FR
37904). The Commission is now conducting third reviews 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. It will assess the adequacy of interested party responses to this notice of
institution to determine whether to conduct full or expedited reviews. The Commission=s determinations
in any expedited reviews will be based on the facts available, which may include information provided in
response to this notice.
Definitions.--The following definitions apply to these reviews:
(1)
Subject Merchandise is the class or kind of merchandise that is within the scope of the
five-year reviews, as defined by the Department of Commerce.
(2)
The Subject Countries in these reviews are China and Taiwan.
(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 defined the
Domestic Like Product as helical spring lock washers of all sizes and metals.
(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 defined the Domestic Industry as all domestic producers
of helical spring lock washers.
(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 Asame 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 July 1, 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 August 15, 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.
3
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
Afirm@ 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)
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
Industry in general and/or your firm/entity specifically. In your response, please discuss the
various factors specified in section 752(a) of the Act (19 U.S.C. ' 1675a(a)) including the likely
volume of subject imports, likely price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5)
A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify
any known related parties and the nature of the relationship as defined in section 771(4)(B) of the
Act (19 U.S.C. ' 1677(4)(B)).
(6)
A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in each Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries after 2005.
(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;
4
(10)
(11)
(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).
If you are a U.S. importer or a trade/business association of U.S. importers of the Subject
Merchandise from the Subject Country(ies), 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 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 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 duties) of U.S. internal
consumption/company transfers of Subject Merchandise imported from each 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(ies), 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 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 to produce the Subject Merchandise in each Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
5
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 the Subject Country(ies) after 2005, 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(ies), 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.
James R. Holbein
Acting Secretary to the Commission
Issued:
6
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation No. 731-TA-696 (Third Review)
PURE MAGNESIUM FROM CHINA
Institution of a five-year review concerning the antidumping duty order on pure magnesium from China.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 pure magnesium 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 July 1, 2011. Comments on the adequacy of responses may be
filed with the Commission by August 15, 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.
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. 11-5-247, 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.
SUPPLEMENTARY INFORMATION:
Background.--On May 12, 1995, the Department of Commerce issued an antidumping duty order
on imports of pure magnesium from China (60 FR 25691). Following first five-year reviews by
Commerce and the Commission, effective October 27, 2000, Commerce issued a continuation of the
antidumping duty order on imports of pure magnesium from China (65 FR 64422). Following second
five-year reviews by Commerce and the Commission, effective July 10, 2006, Commerce issued a
continuation of the antidumping duty order on imports of pure magnesium from China (71 FR 38860).
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
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 the last five-year review of this order, different Commissioners at
the Commission defined the Domestic Like Product in different ways. Therefore,
for purposes of responding to the items in this notice, please provide the requested
information separately for the following two Domestic Like Product definitions: (1)
1
all pure magnesium ingot, including off-spec pure magnesium and (2) pure and alloy
magnesium, including primary and secondary magnesium, and magnesium in ingot
and granular form.
(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 the last five-year review
of this order, different Commissioners at the Commission defined the Domestic
Industry in different ways. Therefore, for purposes of responding to the items in
this notice, please provide the requested information separately for the following two
Domestic Industry definitions: (1) all producers of pure magnesium ingot, including
off-spec pure magnesium and (2) all producers of pure and alloy magnesium,
including primary and secondary magnesium, and magnesium in ingot and granular
form.
1
Off-spec pure magnesium is magnesium containing between 50 percent and 99.8 percent primary magnesium,
by weight, that does not conform to ASTM specifications for alloy magnesium. Off-spec pure magnesium is pure
primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium, or impurities
(whether or not intentionally added) that cause the primary magnesium content to fall below 99.8 percent by weight.
It generally does not contain, individually or in combination, 1.5 percent or more, by weight, of the following alloying
elements: aluminum, manganese, zinc, silicon, thorium, zirconium, and rare earths.
(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 Asame 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
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 July 1, 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 August 15, 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,
3
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: Please
provide the requested information separately for each of the following Domestic Like Product
definitions: (1) all pure magnesium ingot, including off-spec pure magnesium and (2) pure and
alloy magnesium, including primary and secondary magnesium, and magnesium in ingot and
granular form. As used below, the term Afirm@ 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)
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 2005.
(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).
4
(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
metric 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.
(10)
(11)
(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).
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 metric 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 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 metric tons and value
data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties).
5
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.
(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 2005, 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 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.
James R. Holbein
Acting Secretary to the Commission
Issued:
6
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation No. 731-TA-860 (Second Review)
TIN- AND CHROMIUM-COATED STEEL SHEET FROM JAPAN
Institution of a five-year review concerning the antidumping duty order on tin- and chromium-coated steel
sheet from Japan.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 tin- and chromium-coated steel sheet from Japan 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 July 1, 2011. Comments on the adequacy of
responses may be filed with the Commission by August 15, 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.
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. 11-5-248, 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.
SUPPLEMENTARY INFORMATION:
Background.-- On August 28, 2000, the Department of Commerce issued an antidumping duty
order on imports of tin- and chromium-coated steel sheet from Japan (65 FR 52067). Following five-year
reviews by Commerce and the Commission, effective July 21, 2006, Commerce issued a continuation of the
antidumping duty order on imports of tin- and chromium-coated steel sheet from Japan (71 FR 41422).
The Commission is now conducting a second 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
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 Japan.
(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 full first five-year review
determination, the Commission defined the Domestic Like Product as tin- and
chromium-coated steel sheet corresponding to Commerce’s definition of the scope of the
investigation.
(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 full first five-year review determination, the Commission defined the Domestic
Industry as all domestic producers of tin- and chromium-coated steel sheet.
(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 Asame 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
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 July 1, 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 August 15, 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 Afirm@ 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.
3
(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)
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 2005.
(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
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 (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); and
(d)
the quantity and value of U.S. internal consumption/company transfers of the Domestic
Like Product produced in your U.S. plant(s).
4
(e)
(10)
(11)
(12)
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).
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 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 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 short tons and value
data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties).
If you are a trade/business association, provide the information, on an aggregate basis, for the firms
which are members of your association.
(a)
Production (quantity) and, if known, an estimate of the percentage of total production of
Subject Merchandise in the Subject Country accounted for by your firm=s(s=) production;
and
(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 2005, and significant changes, if any, that are likely to
occur within a reasonably foreseeable time. Supply conditions to consider include technology;
5
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 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.
James R. Holbein
Acting Secretary to the Commission
Issued:
6
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation Nos. 701-TA-253 and
731-TA-132, 252, 271, 273, 410, 532-534, and 536 (Third Review)
CERTAIN PIPE AND TUBE FROM BRAZIL, INDIA,
KOREA, MEXICO, TAIWAN, THAILAND, AND TURKEY
Institution of five-year review concerning the countervailing duty order on welded carbon steel pipe and
tube from Turkey and the antidumping duty orders on certain pipe and tube from Brazil, India, Korea,
Mexico, Taiwan, Thailand, and Turkey.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 order on welded carbon steel pipe and tube from Turkey, the antidumping duty orders
on welded carbon steel pipe and tube from India, Thailand, and Turkey, the antidumping duty orders on
circular welded nonalloy steel pipe from Brazil, Korea, Mexico, and Taiwan, and the antidumping duty
orders on small diameter carbon steel pipe and tube and light-walled rectangular pipe and tube from
Taiwan 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 August 1, 2011. Comments on the adequacy of responses may be filed with the Commission
by September 13, 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.
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. 11-5-249, 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.
SUPPLEMENTARY INFORMATION:
Background.-- On the dates listed below, the Department of Commerce (“Commerce”) issued a
countervailing duty order and antidumping duty orders on the subject imports:
Order
date
Product/country
Inv. No.
FR cite
5/7/84
Small diameter carbon steel pipe and tube/Taiwan
731-TA-132
49 FR 19369
3/7/86
Welded carbon steel pipe and tube/Turkey
701-TA-253
51 FR 7984
3/11/86
Welded carbon steel pipe and tube/Thailand
731-TA-252
51 FR 8341
5/12/86
Welded carbon steel pipe and tube/India
731-TA-271
51 FR 17384
5/15/86
Welded carbon steel pipe and tube/Turkey
731-TA-273
51 FR 17784
3/27/89
Light-walled rectangular pipe and tube/Taiwan
731-TA-410
54 FR 12467
11/2/92
Circular welded nonalloy steel pipe/Brazil
731-TA-532
57 FR 49453
11/2/92
Circular welded nonalloy steel pipe/Korea
731-TA-533
57 FR 49453
11/2/92
Circular welded nonalloy steel pipe/Mexico
731-TA-534
57 FR 49453
11/2/92
Circular welded nonalloy steel pipe/Taiwan
731-TA-536
57 FR 49454
Following five-year reviews by Commerce and the Commission, effective August 22, 2000,
Commerce issued a continuation of the countervailing duty order on imports of welded carbon steel pipe
and tube from Turkey (65 FR 50960) and the antidumping duty orders on imports of certain pipe and tube
from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey (65 FR 50955-50958).
Following second five-year reviews by Commerce and the Commission, effective August 8,
2006, Commerce issued a continuation of (1) the countervailing duty order on imports of welded carbon
steel standard pipe from Turkey, (2) the antidumping duty orders on imports of circular welded non-alloy
pipes and tubes from Brazil, Korea, and Mexico, and (3) the antidumping duty orders on imports of
welded carbon steel pipe from India, Thailand and Turkey (71 FR 44996). Effective August 9, 2006,
Commerce issued a continuation of the antidumping duty order on imports of light-walled welded
rectangular carbon steel tubing from Taiwan (71 FR 45521). Effective August 14, 2006, Commerce
issued a continuation of the antidumping duty orders on imports of certain circular welded carbon steel
pipes and tubes from Taiwan and circular welded non-alloy steel pipe from Taiwan (71 FR 46447). The
Commission is now conducting third reviews 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. It will assess the adequacy of interested party responses to this notice of institution to
determine whether to conduct full or expedited reviews. The Commission=s determinations in any
expedited reviews will be based on the facts available, which may include information provided in
response to this notice.
Definitions.--The following definitions apply to these reviews:
(1)
Subject Merchandise is the class or kind of merchandise that is within the scope of the
five-year reviews, as defined by the Department of Commerce.
(2)
The Subject Countries in these reviews are Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey.
(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, the Commission defined the Domestic Like
Products as follows: (1) Small Diameter Circular Welded Carbon Steel Pipes and Tubes
from Taiwan (Inv. No. 731-TA-132) – small diameter circular pipes and tubes (i.e., with
an outside diameter of at least 0.375 inch but not more than 4.5 inches); (2) Certain
Circular Welded Carbon Steel Pipes and Tubes from Thailand and Turkey (Inv. Nos.
731-TA-252 and 701-TA-253) – standard pipe up to and including 16 inches in outside
diameter; (3) Certain Circular Welded Carbon Steel Pipes and Tubes from India and
Turkey (Inv. Nos. 731-TA-271 and 273) – standard pipe of not more than 16 inches in
outside diameter; (4) Certain Circular Welded Carbon Steel Pipes and Tubes from Brazil,
Korea, Mexico, and Taiwan (Inv. Nos. 731-TA-532-534 and 536) – circular welded, nonalloy steel pipes and tubes of not more than 16 inches in outside diameter, except (a)
finished conduit other than finished rigid conduit and (b) mechanical tubing that is not
cold-drawn or cold-rolled; (5) Light-Walled Rectangular Pipe and Tube from Taiwan
(Inv. No. 731-TA-410) – light-walled rectangular pipe and tube. In its full first five-year
review determinations, the Commission found the following Domestic Like Products:
(A) for the reviews listed in items (1)-(4) above, circular welded non-alloy steel pipes and
tubes up to and including 16 inches in outside diameter, regardless of wall thickness and
(B) for the reviews listed in item (5) above, light-walled rectangular pipe and tube. In its
full second five-year review determinations, the Commission again defined two Domestic
Like Products in the same manner as it did in the first five-year reviews. It defined the
Domestic Like Product corresponding to the circular welded pipe orders under review to
be all circular, welded, non-alloy steel pipes and tubes not more than 16 inches in outside
diameter, and the Domestic Like Product corresponding to the light-walled rectangular
pipe orders under review to be all light-walled rectangular pipes and tubes.
(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,
the Commission defined the Domestic Industries as follows: (1) Small Diameter Circular
Welded Carbon Steel Pipes and Tubes from Taiwan (Inv. No. 731-TA-132) – domestic
producers of small diameter circular pipes and tubes (i.e., with an outside diameter of at
least 0.375 inch but not more than 4.5 inches); (2) Certain Circular Welded Carbon Steel
Pipes and Tubes from Thailand and Turkey (Inv. Nos. 731-TA-252 and 701-TA-253) –
domestic producers of standard pipe up to and including 16 inches outside diameter; (3)
Certain Circular Welded Carbon Steel Pipes and Tubes from India and Turkey (Inv. Nos.
731-TA-271 and 273) – domestic producers of standard pipe of not more than 16 inches
in outside diameter; (4) Certain Circular Welded Carbon Steel Pipes and Tubes from
Brazil, Korea, Mexico, and Taiwan (Inv. Nos. 731-TA-532-534 and 536) – domestic
producers of circular welded, non-alloy steel pipes and tubes of not more than 16 inches
in outside diameter, except (a) finished conduit other than finished rigid conduit and (b)
mechanical tubing that is not cold-drawn or cold-rolled; (5) Light-Walled Rectangular
Pipe and Tube from Taiwan (Inv. No. 731-TA-410) – domestic producers of light-walled
rectangular pipe and tube. In its full five-year review determinations, the Commission
found the following Domestic Industries: (A) for the reviews listed in items (1)-(4)
above, domestic producers of circular welded non-alloy steel pipes and tubes up to and
including 16 inches in outside diameter, regardless of wall thickness and (B) for the
review listed in item (5) above, domestic producers of light-walled rectangular pipe and
tube. In its full second five-year review determinations, the Commission defined the
Domestic Industry with respect to the circular welded pipe orders in these reviews as
3
encompassing all U.S. producers of circular, welded, non-alloy steel pipes and tubes and
it defined the Domestic Industry with respect to the light-walled rectangular pipe and tube
orders in these reviews as encompassing all U.S. producers of light-walled rectangular
pipes and tubes.
(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 Asame 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 August 1, 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
4
reviews. The deadline for filing such comments is September 13, 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: Please
provide the requested information separately for each Domestic Like Product, as defined by the
Commission in its review determinations, and for each of the products identified by Commerce as Subject
Merchandise. 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 Afirm@ 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)
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 and countervailing duty
orders on the Domestic Industry in general and/or your firm/entity specifically. In your response,
please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. ' 1675a(a))
including the likely volume of subject imports, likely price effects of subject imports, and likely
impact of imports of Subject Merchandise on the Domestic Industry.
(5)
A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify
any known related parties and the nature of the relationship as defined in section 771(4)(B) of the
Act (19 U.S.C. ' 1677(4)(B)).
5
(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 2005.
(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 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.
(10)
(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).
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 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;
6
(11)
(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.
If you are a producer, an exporter, or a trade/business association of producers or exporters of the
Subject Merchandise in the Subject Country(ies), provide the following information on your
firm=s(s=) operations on that product during calendar year 2010 (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 to produce the Subject Merchandise in each Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix); and
(c)
the quantity and value of your firm=s(s=) exports to the United States of Subject
Merchandise and, if known, an estimate of the percentage of total exports to the United
States of Subject Merchandise from each Subject Country accounted for by your
firm=s(s=) exports.
(12)
Identify significant changes, if any, in the supply and demand conditions or business cycle for the
Domestic Like Product that have occurred in the United States or in the market for the Subject
Merchandise in the Subject Country(ies) after 2005, 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(ies), 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.
7
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.
James R. Holbein
Secretary to the Commission
Issued:
8
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation No. 731-TA-638 (Third Review)
STAINLESS STEEL WIRE ROD FROM INDIA
Institution of a five-year review concerning the antidumping duty order on stainless steel wire rod from
India.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 stainless steel wire rod from India 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 August 1, 2011. Comments on the adequacy of responses
may be filed with the Commission by September 13, 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.
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. 11-5-251, 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.
SUPPLEMENTARY INFORMATION:
Background.-- On December 1, 1993, the Department of Commerce (“Commerce”) issued an
antidumping duty order on imports of stainless steel wire rod from India (58 FR 63335). Following first
five-year reviews by Commerce and the Commission, effective August 2, 2000, Commerce issued a
continuation of the antidumping duty order on imports of stainless steel wire rod from India (65 FR
47403). Following second five-year reviews by Commerce and the Commission, effective August 8,
2006, Commerce issued a continuation of the antidumping duty order on imports of stainless steel wire
rod from India (71 FR 45023). 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 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 India.
(3)
The Domestic Like Product is the domestically produced product or products which are
like, or in the absence of like, most similar in characteristics and uses with, the Subject
Merchandise. In its original determinations and its full first and second five-year review
determinations, the Commission defined the Domestic Like Product as all stainless steel
wire rod.
(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
and its full first and second five-year review determinations, the Commission defined the
Domestic Industry as all domestic producers of stainless steel wire rod.
(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 Asame 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
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 August 1, 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 September 13, 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 Afirm@ includes any related firms.
3
(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)
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 2005.
(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 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 (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);
4
(10)
(11)
(12)
(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).
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 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 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 short tons and value
data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties).
If you are a trade/business association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a)
Production (quantity) and, if known, an estimate of the percentage of total production of
Subject Merchandise in 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
5
Merchandise in the Subject Country after 2005, 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 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.
James R. Holbein
Secretary to the Commission
Issued:
6
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation No. 731-TA-539-C (Third Review)
URANIUM FROM RUSSIA
Institution of a five-year review concerning the suspended investigation on uranium from Russia.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 termination of the
suspended investigation on uranium from Russia 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 August 1, 2011. Comments on the adequacy of responses
may be filed with the Commission by September 13, 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.
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. 11-5-252, 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.
SUPPLEMENTARY INFORMATION:
Background.-- On October 16, 1992, the Department of Commerce (“Commerce”) suspended an
antidumping duty investigation on imports of uranium from Russia (57 FR 49220, October 30, 1992).
Following first five-year reviews by Commerce and the Commission, effective August 22, 2000,
Commerce issued a continuation of the suspended investigation on imports of uranium from Russia (65
FR 50958 and 65 FR 52407 (corrected)). Following second five-year reviews by Commerce and the
Commission, effective August 11, 2006, Commerce issued a continuation of the suspended investigation
on imports of uranium from Russia (71 FR 46191). The Commission is now conducting a third review to
determine whether termination of the suspended investigation 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 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 Russia.
(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 preliminary determination concerning the U.S.S.R. and in its
first and second full five-year review determinations concerning Russia, the Commission
defined the Domestic Like Product as uranium 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 preliminary
determination concerning the U.S.S.R., the Commission defined the Domestic Industry as
domestic producers of the product coextensive with Commerce’s scope of the
investigation, including the U.S. Department of Energy’s uranium enrichment operations.
In its full first and second five-year review determinations concerning Russia, the
Commission defined the Domestic Industry as all domestic producers of uranium,
including concentrators, the converter, the enricher, and fabricators.
(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 Asame 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
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 August 1, 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 September 13, 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.
3
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION:
below, the term Afirm@ includes any related firms.
As used
(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)
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 termination of the suspended investigation 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 2005.
(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 (1) pounds of natural uranium concentrate (concentrated U3O8)(Concentrate
Producers), (2) kilograms of natural uranium hexafluoride, or kgU, (natural UF6)(Converters), (3)
SWUs of enriched uranium hexafluoride (enriched UF6 (LEU-HF))(Enrichers), or (4) kilograms
of enriched uranium oxides, nitrates, and metals, or kgU (Fabricators) (including only that part of
the fabrication that is included with the product scope - i.e., the conversion and pelletizing
processes). Report 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;
4
(10)
(11)
(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).
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. Depending upon the form in which it is
imported, report quantity data in (1) pounds of natural uranium concentrate (concentrated U3O8),
(2) kilograms of natural uranium hexafluoride, or kgU, (natural UF6), (3) SWUs of enriched
uranium hexafluoride (enriched UF6 (LEU-HF)), or (4) kilograms of enriched uranium oxides,
nitrates, and metals, or kgU. Report value data in U.S. dollars, f.o.b. plant. 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 (1) pounds of
natural uranium concentrate (concentrated U3O8)(Concentrate Producers), (2) kilograms of
natural uranium hexafluoride, or kgU, (natural UF6)(Converters), (3) SWUs of enriched uranium
hexafluoride (enriched UF6 (LEU-HF))(Enrichers), or (4) kilograms of enriched uranium oxides,
nitrates, and metals, or kgU (Fabricators) (including only that part of the fabrication that is
included with the product scope - i.e., the conversion and pelletizing processes). Report value
data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or
5
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.
(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 2005, 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 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.
James R. Holbein
Secretary to the Commission
Issued:
6
UNITED STATES INTERNATIONAL TRADE COMMISSION
Investigation Nos. 731-TA-540 and 541 (Third Review)
CERTAIN WELDED STAINLESS STEEL PIPE FROM KOREA AND TAIWAN
Institution of a five-year review concerning the antidumping duty orders on certain welded stainless steel
pipe from Korea and Taiwan.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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 certain welded stainless steel pipe from Korea and Taiwan 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 August 1, 2011. Comments on
the adequacy of responses may be filed with the Commission by September 13, 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.
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. 11-5-250, 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.
SUPPLEMENTARY INFORMATION:
Background.-- On December 30, 1992, the Department of Commerce (“Commerce”) issued
antidumping duty orders on imports of welded ASTM A-312 stainless steel pipe from Korea (57 FR
62301) and Taiwan (57 FR 62300). Following first five-year reviews by Commerce and the Commission,
effective October 16, 2000, Commerce issued a continuation of the antidumping duty orders on imports
of certain welded stainless steel pipe from Korea and Taiwan (65 FR 61143). Following second five-year
reviews by Commerce and the Commission, effective August 28, 2006, Commerce issued a continuation
of the antidumping duty orders on imports of welded ASTM A-312 stainless steel pipe from Korea and
Taiwan (71 FR 53412, September 11, 2006). The Commission is now conducting third reviews 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. 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 the Department of Commerce.
(2)
The Subject Countries in these reviews are Korea and Taiwan.
(3)
The Domestic Like Product is the domestically produced product or products which are
like, or in the absence of like, most similar in characteristics and uses with, the Subject
Merchandise. In its original determinations and full first five-year review
determinations, the Commission defined the Domestic Like Product as all welded
stainless steel pipes and pressure tubes, excluding grade 409 tubes and mechanical tubes
(also known as ornamental tubes). Thus, in addition to welded ASTM A-312 stainless
steel pipe, the Domestic Like Product included such tubular products as ASTM A-778
and A-358 pipes and ASTM A-249, A-269, and A-270 pressure tubes. In its full second
five-year review determinations, the Commission found that a change from the original
definition of the Domestic Like Product was appropriate and defined the Domestic Like
Product as only welded ASTM A-312 and A-778 stainless steel pipes. For purposes of
responding to this notice of institution in these third five-year reviews, please provide the
requested information based on the Commission’s most recent Domestic Like Product
determination: welded ASTM A-312 and A-778 stainless steel pipes.
(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
and its full first five-year review determinations, the Commission defined the Domestic
Industry as producers of welded stainless steel pipes and pressure tubes, excluding grade
409 tubes and mechanical tubes (also known as ornamental tubes). In its full second fiveyear review determinations, the Commission defined the Domestic Industry as all U.S.
producers of welded ASTM A-312 and A-778 stainless steel pipes. For purposes of
responding to this notice of institution in these third five-year reviews, please provide the
requested information based on the Commission’s most recent Domestic Industry
determination: all domestic producers of welded ASTM A-312 and A-778 stainless steel
pipes.
(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 Asame 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 August 1, 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 full reviews.
The deadline for filing such comments is September 13, 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,
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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: 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
Afirm@ 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)
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
Industry in general and/or your firm/entity specifically. In your response, please discuss the
various factors specified in section 752(a) of the Act (19 U.S.C. ' 1675a(a)) including the likely
volume of subject imports, likely price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5)
A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify
any known related parties and the nature of the relationship as defined in section 771(4)(B) of the
Act (19 U.S.C. ' 1677(4)(B)).
(6)
A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in each Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries after 2005.
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(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 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.
(10)
(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).
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 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 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 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 duties) of U.S. internal
consumption/company transfers of Subject Merchandise imported from each Subject
Country.
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(11)
If you are a producer, an exporter, or a trade/business association of producers or exporters of the
Subject Merchandise in the Subject Country(ies), provide the following information on your
firm=s(s=) operations on that product during calendar year 2010 (report quantity data in short tons
and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including
antidumping duties). If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a)
Production (quantity) and, if known, an estimate of the percentage of total production of
Subject Merchandise in each Subject Country accounted for by your firm=s(s=)
production;
(b)
Capacity (quantity) of your firm to produce the Subject Merchandise in each Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix); and
(c)
the quantity and value of your firm=s(s=) exports to the United States of Subject
Merchandise and, if known, an estimate of the percentage of total exports to the United
States of Subject Merchandise from each Subject Country accounted for by your
firm=s(s=) exports.
(12)
Identify significant changes, if any, in the supply and demand conditions or business cycle for the
Domestic Like Product that have occurred in the United States or in the market for the Subject
Merchandise in the Subject Country(ies) after 2005, 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(ies), 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.
James R. Holbein
Secretary to the Commission
Issued:
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| File Type | application/pdf |
| File Title | Q:\Investigators\Mary.Messer\SUNSET\INSTITUT\2011\07July\OMB submission form July 2011.wpd |
| Author | mary.messer |
| File Modified | 2011-06-16 |
| File Created | 2011-06-16 |