17-5-396 NOI FR-Silicomanganese

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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

Issued: September 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–21020 Filed 9–29–17; 8:45 am]
BILLING CODE 7020–02–P

INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–672–673 (Fourth
Review)]

Silicomanganese From China and
Ukraine: Institution of Five-Year
Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:

The Commission hereby gives
notice that it has instituted reviews
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
duty orders on silicomanganese from
China and Ukraine would be likely to
lead to continuation or recurrence of
material injury. Pursuant to the Act,
interested parties are requested to
respond to this notice by submitting the
information specified below to the
Commission.
DATES: Instituted October 2, 2017. To be
assured of consideration, the deadline
for responses is November 1, 2017.
Comments on the adequacy of responses
may be filed with the Commission by
December 7, 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.—On October 31, 1994,
the Department of Commerce
(‘‘Commerce’’) suspended an
antidumping duty investigation on
imports of silicomanganese from
Ukraine (59 FR 60951, November 29,
1994). On December 22, 1994,
Commerce issued an antidumping duty

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SUMMARY:

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order on imports of silicomanganese
from China (59 FR 66003). Following
first five-year reviews by Commerce and
the Commission, effective February 16,
2001, Commerce issued a continuation
of the antidumping duty order on
imports of silicomanganese from China
and of the suspended investigation on
imports of silicomanganese from
Ukraine (66 FR 10669). On July 19,
2001, the Government of Ukraine
requested termination of the suspension
agreement on silicomanganese from
Ukraine and, effective September 17,
2001, Commerce issued an antidumping
duty order on imports of
silicomanganese from Ukraine (66 FR
43838, August 21, 2001). Following
second five-year reviews by Commerce
and the Commission, effective
September 14, 2006, Commerce issued a
continuation of the antidumping duty
orders on imports of silicomanganese
from China and Ukraine (71 FR 54272).
Following the third five-year reviews by
Commerce and the Commission,
effective November 8, 2012, Commerce
issued a continuation of the
antidumping duty orders on imports of
silicomanganese from China and
Ukraine (77 FR 66956). The Commission
is now conducting fourth five-year
reviews pursuant to section 751(c) of the
Act, as amended (19 U.S.C. 1675(c)), to
determine whether revocation of the
orders would be likely to lead to
continuation or recurrence of material
injury to the domestic industry within
a reasonably foreseeable time.
Provisions concerning the conduct of
this proceeding may be found in the
Commission’s Rules of Practice and
Procedure at 19 CFR 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 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 Ukraine.
(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

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determinations, its full first five-year
review determinations, its expedited
second five-year review determinations,
and its full third five-year review
determinations, the Commission
defined the Domestic Like Product as all
silicomanganese, 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 determinations,
its full first five-year review
determinations, its expedited second
five-year review determinations, and its
full third five-year review
determinations, the Commission
defined the Domestic Industry as all
domestic producers of silicomanganese.
(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

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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
to appear in a review under Commission
rule 19 CFR 201.15, even if the
corresponding underlying original
investigation or an earlier review of the
same underlying investigation was
pending when they were Commission
employees. For further ethics advice on
this matter, contact Charles Smith,
Deputy Agency Ethics Official, at 202–
205–3408.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and APO service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
submitted in this proceeding available
to authorized applicants under the APO
issued in the proceeding, provided that
the application is made no later than 21
days after publication of this notice in
the Federal Register. Authorized
applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9),
who are parties to the proceeding. A
separate service list will be maintained
by the Secretary for those parties
authorized to receive BPI under the
APO.
Certification.—Pursuant to section
207.3 of the Commission’s rules, any
person submitting information to the
Commission in connection with this
proceeding must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will acknowledge that information
submitted in response to this request for
information and throughout this
proceeding or other proceeding may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements.
Written submissions.—Pursuant to
section 207.61 of the Commission’s
rules, each interested party response to
this notice must provide the information
specified below. The deadline for filing
such responses is November 1, 2017.
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

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or full reviews. The deadline for filing
such comments is December 7, 2017. All
written submissions must conform with
the provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s
Web site at https://www.usitc.gov/
secretary/documents/handbook_on_
filing_procedures.pdf, elaborates upon
the Commission’s rules with respect to
electronic filing. Also, in accordance
with sections 201.16(c) and 207.3 of the
Commission’s rules, each document
filed by a party to the proceeding must
be served on all other parties to the
proceeding (as identified by either the
public or APO service list as
appropriate), and a certificate of service
must accompany the document (if you
are not a party to the proceeding you do
not need to serve your response).
No response to this request for
information is required if a currently
valid Office of Management and Budget
(‘‘OMB’’) number is not displayed; the
OMB number is 3117 0016/USITC No.
17–5–396, expiration date June 30,
2020. Public reporting burden for the
request is estimated to average 15 hours
per response. Please send comments
regarding the accuracy of this burden
estimate to the Office of Investigations,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436.
Inability to provide requested
information.—Pursuant to section
207.61(c) of the Commission’s rules, any
interested party that cannot furnish the
information requested by this notice in
the requested form and manner shall
notify the Commission at the earliest
possible time, provide a full explanation
of why it cannot provide the requested
information, and indicate alternative
forms in which it can provide
equivalent information. If an interested
party does not provide this notification
(or the Commission finds the
explanation provided in the notification
inadequate) and fails to provide a
complete response to this notice, the
Commission may take an adverse
inference against the party pursuant to
section 776(b) of the Act (19 U.S.C.
1677e(b)) in making its determinations
in the reviews.
Information to be provided in
response to this notice of institution: If
you are a domestic producer, union/
worker group, or trade/business
association; import/export Subject
Merchandise from more than one
Subject Country; or produce Subject
Merchandise in more than one Subject

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45893

Country, you may file a single response.
If you do so, please ensure that your
response to each question includes the
information requested for each pertinent
Subject Country. As used below, the
term ‘‘firm’’ includes any related firms.
(1) The name and address of your firm
or entity (including World Wide Web
address) and name, telephone number,
fax number, and Email address of the
certifying official.
(2) A statement indicating whether
your firm/entity is an interested party
under 19 U.S.C. 1677(9) and if so, how,
including whether your firm/entity is a
U.S. producer of the Domestic Like
Product, a U.S. union or worker group,
a U.S. importer of the Subject
Merchandise, a foreign producer or
exporter of the Subject Merchandise, a
U.S. or foreign trade or business
association (a majority of whose
members are interested parties under
the statute), or another interested party
(including an explanation). If you are a
union/worker group or trade/business
association, identify the firms in which
your workers are employed or which are
members of your association.
(3) A statement indicating whether
your firm/entity is willing to participate
in this proceeding by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the 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
2011.
(7) A list of 3–5 leading purchasers in
the U.S. market for the Domestic Like
Product and the Subject Merchandise
(including street address, World Wide
Web address, and the name, telephone
number, fax number, and Email address
of a responsible official at each firm).

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(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 2016, except as noted
(report quantity data in short tons and
value data in U.S. dollars, f.o.b. plant).
If you are a union/worker group or
trade/business association, provide the
information, on an aggregate basis, for
the firms in which your workers are
employed/which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Product accounted for by your
firm’s(s’) production;
(b) Capacity (quantity) of your firm to
produce the Domestic Like Product (that
is, the level of production that your
establishment(s) could reasonably have
expected to attain during the year,
assuming normal operating conditions
(using equipment and machinery in
place and ready to operate), normal
operating levels (hours per week/weeks
per year), time for downtime,
maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S.
commercial shipments of the Domestic
Like Product produced in your U.S.
plant(s);
(d) the quantity and value of U.S.
internal consumption/company
transfers of the Domestic Like Product
produced in your U.S. plant(s); and
(e) the value of (i) net sales, (ii) cost
of goods sold (COGS), (iii) gross profit,
(iv) selling, general and administrative
(SG&A) expenses, and (v) operating
income of the Domestic Like Product
produced in your U.S. plant(s) (include
both U.S. and export commercial sales,
internal consumption, and company
transfers) for your most recently
completed fiscal year (identify the date
on which your fiscal year ends).
(10) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from any Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2016 (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

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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.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in any Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2016
(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(s)
to produce the Subject Merchandise in
each Subject Country (that is, the level
of production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country after 2011, 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

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facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: September 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–20971 Filed 9–29–17; 8:45 am]
BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On September 22, 2017, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the District of
Minnesota in the lawsuit entitled
United States v. City of Cass Lake, Civil
Action No. 17–4367.
In this action, the United States
brought claims against the City of Cass
Lake, Minnesota for response costs and
injunctive relief associated with the
release and threatened release of
hazardous substances from facilities at
and near the St. Regis Paper Company
Superfund Site (‘‘Site’’) in Cass Lake,
Minnesota, pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act, 42 U.S.C. 9601 et seq. (‘‘CERCLA’’).
The proposed Consent Decree requires
Defendant to make a payment of
$30,000 to reimburse EPA past costs at
the Site, with the settlement amount
based on Defendant’s limited ability to

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