82FR8949-60 day

82FR8949-60 day (1Feb17).pdf

Information collections for import injury investigations (producers, importers, purchasers, and foreign producer questionnaires and institution notices for 5-year reviews)

82FR8949-60 day

OMB: 3117-0016

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Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Notices
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All such requests
should be directed to the Secretary to
the Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: January 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–02135 Filed 1–31–17; 8:45 am]
BILLING CODE 7020–02–P

INTERNATIONAL TRADE
COMMISSION
Submission for OMB Review;
Comment Request
United States International
Trade Commission.
ACTION: Notice of proposed collection;
comment request.
AGENCY:

The proposed information
collection is a 3-year extension,
pursuant to the Paperwork Reduction
Act of 1995 (Pub. L. 104–13) (the
‘‘Act’’), of the current generic survey
clearance previously approved by the

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SUMMARY:

2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): http://edis.usitc.gov.

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Office of Management and Budget
(‘‘OMB’’). The clearance is used by the
U.S. International Trade Commission
(‘‘Commission’’) to issue information
collections (specifically, producer,
importer, purchaser, and foreign
producer questionnaires and certain
institution notices) for a series of import
injury investigations that are required
by the Tariff Act of 1930 and the Trade
Act of 1974. The current generic survey
clearance is assigned OMB control No.
3117–0016; it will expire on June 30,
2017. Comments concerning the
proposed information collections are
requested in accordance with section
3506(c)(2)(A) of the Act; such comments
are described in greater detail in the
section of this notice entitled
SUPPLEMENTARY INFORMATION.
DATES: To be assured of consideration,
written comments should be received
no later than 60 days after publication
of this notice in the Federal Register.
ADDRESSES: Signed comments should be
submitted to Lisa Barton, Secretary, U.S.
International Trade Commission, 500 E
St. SW., Washington, DC 20436.
FOR FURTHER INFORMATION CONTACT:
Copies of the proposed collection of
information and supporting
documentation may be obtained from
Nathanael Comly (USITC, tel. no. 202–
205–3174). Hearing-impaired persons
can obtain information on this matter by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Request for Comments
Comments are solicited as to (1)
whether the proposed information
collection is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used; (3) the quality,
utility, clarity, and design of the
information to be collected; and (4)
minimization of the burden of the
proposed information collection on
those who are to respond (including
through the use of appropriate
automated, electronic, mechanical, or
other technological forms of information
technology, e.g., permitting electronic

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8949

submission of responses). To the extent
appropriate, please cite to specific
experiences your firm has had with
other governmental surveys and data
collections.
Summary of the Proposed Information
Collections
(1) Need for the Proposed Information
Collections
The information requested in
questionnaires and five-year review
institution notices issued under the
generic survey clearance is utilized by
the Commission in the following
statutory investigations: Antidumping
duty, countervailing duty, escape
clause, North American Free Trade
Agreement (NAFTA) safeguard, market
disruption, and interference with
programs of the U.S. Department of
Agriculture (USDA). The Commission’s
generic survey clearance to issue
questionnaires will not apply to
repetitive questionnaires such as those
issued on a quarterly or annual basis or
to other investigations and research
studies conducted under section 332 of
the Trade Act of 1974. The information
provided by firms in response to the
questionnaires provides factual
information used in the Commission’s
determinations in the above-cited
statutory investigations. The submitted
data are consolidated by Commission
staff and provided to the Commission in
the form of a staff report. In addition, in
the majority of its investigations, the
Commission releases completed
questionnaires returned by industry
participants to representatives of parties
to its investigations under the terms of
an administrative protective order, the
terms of which safeguard the
confidentiality of any business
proprietary or business confidential
information. Representatives of
interested parties also receive a
confidential version of the staff report
under the administrative protective
order. Subsequent party submissions to
the Commission during the investigative
process are based, in large part, upon
their review of the information
collected. Included in the proposed
generic clearance is the administrative
protective order application form. Also
included in the proposed generic
clearance are the institution notices for
the five-year reviews of antidumping
and countervailing duty orders and
suspended investigations. Responses to
the institution notices will be evaluated
by the Commission and form much of
the record for its determinations to
conduct either expedited or full fiveyear reviews of existing antidumping
and countervailing duty orders.

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Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Notices

(2) Information Collection Plan
Questionnaires for specific
investigations are sent to all identified
domestic producers manufacturing the
product(s) in question. Importer and
purchaser questionnaires are also sent to
all substantial U.S. importers/
purchasers of the product(s). Finally, all
foreign manufacturers of the product(s)
in question that are represented by
counsel are sent questionnaires, and, in
addition, the Commission attempts to
contact any other foreign manufacturers,
especially if they export the product(s)
in question to the United States. Firms
receiving questionnaires include
businesses, farms, and/or other forprofit institutions; responses by
domestic firms are mandatory. The
institution notices for the five-year
reviews are published in the Federal
Register and solicit comment from
interested parties (i.e., U.S. producers
within the industry in question as well
as labor unions or representative groups
of workers, U.S. importers and foreign
exporters, and involved foreign country
governments).
(3) Description of the Information To Be
Collected
Information is collected to be utilized
in the above mentioned statutory
investigations; the primary instruments,
namely questionnaires, are described
below. Although the content of each
questionnaire will differ based on the
needs of a particular investigation,
questionnaires are based on longestablished, generic formats. Producer
questionnaires generally consist of the
following four parts: (part I) general
questions relating to the organization
and activities of the firm; (part II) data
on capacity, production, inventories,
employment, and the quantity and value
of the firm’s shipments and purchases
from various sources; (part III) financial
data, including income-and-loss data on
the product in question, data on asset
valuation, research and development
expenses, and capital expenditures; and
(part IV) pricing and market factors.
(Questionnaires may, on occasion, also

contain part V, an abbreviated version of
the above-listed parts, used for gathering
data on additional product categories.)
Importer questionnaires generally
consist of three parts: (part I) general
questions relating to the organization
and activities of the firm; (part II) data
on the firm’s imports and the shipment
and inventories of its imports; and (part
III) pricing and market factors similar to
that requested in the producer
questionnaire. Purchaser questionnaires
generally consist of four parts: (part I)
general questions relating to the
organization and activities of the firm;
(part II) data concerning the purchases
of the product by the firm and the
names of the firm’s vendors; (part III)
market characteristics and purchasing
practices; and (part IV) comparisons
between imported and U.S.-produced
product. An abbreviated purchaser
questionnaire may also be sent in a
preliminary phase investigation,
consisting of two parts: (part I) data
concerning the purchases of the product
by the firm; and (part II) questions
regarding purchasing practices, and in
an adequacy phase of a review
investigation, consisting of one part:
(part I) general questions regarding the
industry. Foreign producer
questionnaires generally consist of (part
I) general questions relating to the
organization and activities of the firm;
(part II) data concerning the firm’s
manufacturing operations; and may
include (part III) market factors. The
notices of institution for the five-year
reviews include 11 specific requests for
information that firms are to provide if
their response is to be considered by the
Commission.
(4) Estimated Burden of the Proposed
Information Collection
The Commission estimates that
information collections issued under the
requested generic clearance will impose
an average annual burden of 192,998
hours on 6,789 respondents (i.e.,
recipients that provide a response to the
Commission’s questionnaires or the
notices of institution of five-year
reviews). Table 1 lists the projected

annual burden for each type of
information collection for the July
2017– June 2020 period.
(5) Minimization of Burden
The Commission periodically reviews
its investigative processes, including
data collection, to reduce the
information burden. Questionnaires
clearly state that estimates are
acceptable for certain items. They are
designed in part with check-in type
formats to simplify the response. The
reporting burden for smaller firms is
reduced in that the sections of the
questionnaire that are applicable to their
operations are typically more limited.
Requests by parties to expand the data
collection or add items to the
questionnaire for specific investigations
may not be accepted if the Commission
believes such requests will increase the
response burden while not substantially
adding to the investigative record.
While completed questionnaires
historically were returned to the
Commission in paper form, recently the
vast majority have been submitted
electronically. The Commission is
promoting options for electronic
submission such as providing the
questionnaires on the Commission’s
Web site in a fillable Word format and
has created a secure drop box which
questionnaire respondents can use to
securely upload completed
questionnaires. The information
provided in response to its notices of
institution for the five-year reviews is
typically submitted in document form
directly to the Office of the Secretary
although it may be submitted to the
Commission’s Electronic Data
Information System (EDIS) and
Electronic Docket. In addition, the
Commission has reduced the
information burden by streamlining the
questionnaires. For example, the
Commission removed redundant fields,
added auto-calculated reconciliation
fields, enabled population of whole data
tables, and reduced the number of years
data is collected for in certain five-year
reviews.

TABLE 1—PROJECTED ANNUAL BURDEN DATA, BY TYPE OF INFORMATION COLLECTION, JULY 2017–JUNE 2020
Producer
questionnaires

Importer
questionnaires

Purchaser
questionnaires

Foreign
producer
questionnaires

Institution
notices for
5-year reviews

Number of respondents ...............
Frequency of response ................
Total annual responses ...............
Hours per response .....................

750
1
750
52

2,000
1
2,000
41

1,600
1
1,600
23

1,400
1
1,400
22

183
1
183
10

856
1
856
3

6,789
1
6,789
28.4

Total hours ............................

39,000

82,000

36,800

30,800

1,830

2,568

192,998

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Administrative Protective Order forms and questionnaires to purchasers in the adequacy phase of a review investigation.

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Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Notices
No record keeping burden is known to
result from the proposed collection of
information.
By order of the Commission.
Issued: January 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–02070 Filed 1–31–17; 8:45 am]
BILLING CODE 7020–02–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–539–C (Fourth
Review)]

Uranium From Russia; Institution of a
Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:

The Commission hereby gives
notice that it has instituted a review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, 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 the Act, interested parties
are requested to respond to this notice
by submitting the information specified
below to the Commission.
DATES: Effective February 1, 2017. To be
assured of consideration, the deadline
for responses is March 3, 2017.
Comments on the adequacy of responses
may be filed with the Commission by
April 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—Effective 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

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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, August 22, 2000 and 65 FR
52407, August 29, 2000 (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, August 11,
2006). Following the third five-year
reviews by Commerce and the
Commission, effective March 8, 2012,
Commerce issued a continuation of the
suspended investigation on imports of
uranium from Russia (77 FR 14001,
March 8, 2012). The Commission is now
conducting a fourth review pursuant to
section 751(c) of the Act, as amended
(19 U.S.C. 1675(c)), 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.
Provisions concerning the conduct of
this proceeding may be found in the
Commission’s Rules of Practice and
Procedure at 19 CFR parts 201, subparts
A and B and 19 CFR part 207, subparts
A and F. The Commission will assess
the adequacy of interested party
responses to this notice of institution to
determine whether to conduct a full
review or an expedited review. The
Commission’s determination in any
expedited review will be based on the
facts available, which may include
information provided in response to this
notice.
Definitions.—The following
definitions apply to 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., its full first and second
five-year review determinations
concerning Russia, and its expedited
third five-year review determination
concerning Russia, the Commission
defined the Domestic Like Product as all
forms of 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

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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 and its expedited third
five-year review determination
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 proceeding and
public service list.—Persons, including
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the proceeding as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11(b)(4) of the
Commission’s rules, no later than 21
days after publication of this notice in
the Federal Register. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the proceeding.
Former Commission employees who
are seeking to appear in Commission
five-year reviews are advised that they
may appear in a review even if they
participated personally and
substantially in the corresponding
underlying original investigation or an
earlier review of the same underlying
investigation. The Commission’s
designated agency ethics official has
advised that a five-year review is not the
same particular matter as the underlying
original investigation, and a five-year
review is not the same particular matter
as an earlier review of the same
underlying investigation for purposes of
18 U.S.C. 207, the post employment
statute for Federal employees, and
Commission rule 201.15(b) (19 CFR
201.15(b)), 79 FR 3246 (Jan. 17, 2014),
73 FR 24609 (May 5, 2008).
Consequently, former employees are not
required to seek Commission approval
to appear in a review under Commission
rule 19 CFR 201.15, even if the
corresponding underlying original

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