Preliminary Investigations - April

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

Mary Messer

202-205-3193

Phone
Number of
respondents
(1)

mary.messer@usitc.gov

E-mail

Hours
per response
(2)

Total
burden hours
(1) x (2)

Cumulative
burden hours1

Title of review scheduled for
institution

USITC
number1

Orange Juice

11-5-238

3

10

30

34,680

Ammonium Nitrate

11-5-239

3

10

30

34,710

Brass Sheet and Strip

11-5-240

3

10

30

34,740

Polyester Staple Fiber

11-5-241

3

10

30

34,770

Pipe

11-5-242

3

10

30

34,800

Sulfanilic Acid

11-5-243

3

10

30

34,830

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-1089 (Review)
ORANGE JUICE FROM BRAZIL

AGENCY: United States International Trade Commission.
ACTION: Institution of a five-year review concerning the antidumping duty order on certain orange juice
from Brazil.
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 certain orange juice from Brazil 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 March 3, 2011. Comments on the adequacy of responses may
be filed with the Commission by April 18, 2011. For further information concerning the conduct of this
review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as
most recently amended at 74 FR 2847 (January 16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations,
U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired
persons can obtain information on this matter by contacting the Commission’s TDD terminal on
202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to
the Commission should contact the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov).
The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On March 9, 2006, the Department of Commerce issued an antidumping duty order
on imports of certain orange juice from Brazil (71 FR 12183). 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

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. 11-5-238, 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.

(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 Brazil.

(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 defined the Domestic Like
Product as consisting of conventional FCOJM, conventional NFC, organic FCOJM, and
organic NFC, coextensive with Commerce’s scope.2

(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 both orange growers and all domestic
extractors/processors of certain orange juice.

(5)

The Order Date is the date that the antidumping duty order under review became
effective. In this review, the Order Date is March 9, 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 “same particular matter” as the corresponding
underlying original investigation for purposes of 18 U.S.C. § 207, the post employment statute for
Federal employees, and Commission rule 201.15(b)(19 CFR § 201.15(b)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. Consequently, former
employees are not required to seek Commission approval to appear in a review under Commission rule 19
CFR § 201.15, even if the corresponding underlying original investigation was pending when they were
Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under an administrative protective
order (APO) and APO service list.--Pursuant to section 207.7(a) of the Commission’s rules, the Secretary
will make BPI submitted in this review available to authorized applicants under the APO issued in the

2
FCOJM stands for frozen concentrated orange juice for further manufacturing and NFC stands for conventional
pasteurized single strength orange juice which has not been concentrated, typically referred to as
not-from-concentrate.

2

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 March 3, 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 April 18, 2011. All written submissions must conform
with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions that
contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission’s
rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or
electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended,
67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the
Commission’s rules, each document filed by a party to the review must be served on all other parties to
the review (as identified by either the public or APO service list as appropriate), and a certificate of
service must accompany the document (if you are not a party to the review you do not need to serve your
response).
Inability to provide requested information.--Pursuant to section 207.61(c) of the Commission’s
rules, any interested party that cannot furnish the information requested by this notice in the requested
form and manner shall notify the Commission at the earliest possible time, provide a full explanation of
why it cannot provide the requested information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this notification (or the Commission finds
the explanation provided in the notification inadequate) and fails to provide a complete response to this
notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the
Act in making its determination in the review.
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: As used
below, the term “firm” includes any related firms.
(1)

The name and address of your firm or entity (including World Wide Web address) and name,
telephone number, fax number, and E-mail address of the certifying official.

(2)

A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product,
a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another
interested party (including an explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or which are members of your
association.
3

(3)

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

(4)

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

(5)

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

(6)

A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in the Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries 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 crop year 2009/10, except as noted (report quantity
data in millions of boxes (growers) or thousands of solids (processors) and value data in U.S.
dollars, f.o.b. your production facility). If you are a union/worker group or trade/business
association, provide the information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a)

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

(b)

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

(c)

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

(d)

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

(e)

the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling,
general and administrative (SG&A) expenses, and (v) operating income of the Domestic
Like Product produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most recently completed
fiscal year (identify the date on which your fiscal year ends).
4

(10)

(11)

(12)

If you are a U.S. importer or a trade/business association of U.S. importers of the Subject
Merchandise from the Subject Country, provide the following information on your firm’s(s’)
operations on that product during crop year 2009/10 (report quantity data in thousands of solids
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 crop year 2010 (report quantity data in millions of boxes
(growers) or thousands of solids (processors) 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 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

5

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.

Marilyn R. Abbott
Secretary to the Commission
Issued:

6

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation No. 731-TA-856 (Second Review)
AMMONIUM NITRATE FROM RUSSIA
AGENCY: United States International Trade Commission.
ACTION: Institution of a five-year review concerning the suspended investigation on ammonium nitrate
from Russia.
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 ammonium nitrate 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 March 31, 2011. Comments on the adequacy of responses
may be filed with the Commission by May 16, 2011. For further information concerning the conduct of
this review and rules of general application, consult the Commission’s Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part
207), as most recently amended at 74 FR 2847 (January 16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations,
U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired
persons can obtain information on this matter by contacting the Commission’s TDD terminal on
202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to
the Commission should contact the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov).
The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On May 19, 2000, the Department of Commerce suspended an antidumping duty
investigation on imports of ammonium nitrate from Russia (65 FR 37759, June 16, 2000). Following
five-year reviews by Commerce and the Commission, effective April 5, 2006, Commerce issued a
continuation of the suspended investigation on imports of ammonium nitrate from Russia (71 FR 17080).
The Commission is now conducting a second 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.

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. 11-5-239, 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.

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 determination and its full first five-year review
determination, the Commission defined the Domestic Like Product coextensively with
the subject merchandise: fertilizer grade ammonium nitrate products with a bulk density
equal to or greater than 53 pounds per cubic foot.

(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 high density ammonium nitrate.

(5)

An Importer is any person or firm engaged, either directly or through a parent company
or subsidiary, in importing the Subject Merchandise into the United States from a foreign
manufacturer or through its selling agent.

Participation in the review and public service list.--Persons, including industrial users of the
Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the review as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than
21 days after publication of this notice in the Federal Register. The Secretary will maintain a public
service list containing the names and addresses of all persons, or their representatives, who are parties to
the review.
Former Commission employees who are seeking to appear in Commission five-year reviews are
advised that they may appear in a review even if they participated personally and substantially in the
corresponding underlying original investigation. The Commission’s designated agency ethics official has
advised that a five-year review is not considered the “same particular matter” as the corresponding
underlying original investigation for purposes of 18 U.S.C. § 207, the post employment statute for
Federal employees, and Commission rule 201.15(b)(19 CFR § 201.15(b)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. Consequently, former
employees are not required to seek Commission approval to appear in a review under Commission rule 19
CFR § 201.15, even if the corresponding underlying original investigation was pending when they were
Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under an administrative protective
order (APO) and APO service list.--Pursuant to section 207.7(a) of the Commission’s rules, the Secretary
will make BPI submitted in this review available to authorized applicants under the APO issued in the
review, provided that the application is made no later than 21 days after publication of this notice in the
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.
2

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 March 31, 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 May 16, 2011. All written submissions must conform
with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions that
contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission’s
rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or
electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended,
67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the
Commission’s rules, each document filed by a party to the review must be served on all other parties to
the review (as identified by either the public or APO service list as appropriate), and a certificate of
service must accompany the document (if you are not a party to the review you do not need to serve your
response).
Inability to provide requested information.--Pursuant to section 207.61(c) of the Commission’s
rules, any interested party that cannot furnish the information requested by this notice in the requested
form and manner shall notify the Commission at the earliest possible time, provide a full explanation of
why it cannot provide the requested information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this notification (or the Commission finds
the explanation provided in the notification inadequate) and fails to provide a complete response to this
notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the
Act in making its determination in the review.
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: As used
below, the term “firm” includes any related firms.
(1)

The name and address of your firm or entity (including World Wide Web address) and name,
telephone number, fax number, and E-mail address of the certifying official.

(2)

A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product,
a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another
interested party (including an explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or which are members of your
association.

(3)

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

3

(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 2004.

(7)

A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail address of a responsible official at each firm).

(8)

A list of known sources of information on national or regional prices for the Domestic Like
Product or the Subject Merchandise in the U.S. or other markets.

(9)

If you are a U.S. producer of the Domestic Like Product, provide the following information on
your firm’s operations on that product during calendar year 2010, except as noted (report quantity
data in 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); 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).

(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
4

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.

(11)

(12)

(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 2004, and significant changes, if any, that are likely to
occur within a reasonably foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production (including the shift of
production facilities used for other products and the use, cost, or availability of major inputs into
production); and factors related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in market demand abroad).
Demand conditions to consider include end uses and applications; the existence and availability
of substitute products; and the level of competition among the Domestic Like Product produced
in the United States, Subject Merchandise produced in the Subject Country, and such
merchandise from other countries.

5

(13)

(OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like
Product and Domestic Industry; if you disagree with either or both of these definitions, please
explain why and provide alternative definitions.

AUTHORITY: This review is being conducted under authority of title VII of the Tariff Act of 1930; this
notice is published pursuant to section 207.61 of the Commission’s rules.
By order of the Commission.

James R. Holbein
Acting Secretary to the Commission
Issued:

6

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation Nos. 731-TA-313, 314, 317, and 379 (Third Review)
BRASS SHEET AND STRIP FROM FRANCE, GERMANY, ITALY, AND JAPAN

AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping duty orders on brass sheet and
strip from France, Germany, Italy, and Japan.
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 brass sheet and strip from France, Germany, Italy, and 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 March 31, 2011.
Comments on the adequacy of responses may be filed with the Commission by May 16, 2011. For
further information concerning the conduct of these reviews and rules of general application, consult the
Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and
part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January
16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER..
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations,
U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired
persons can obtain information on this matter by contacting the Commission’s TDD terminal on
202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to
the Commission should contact the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov).
The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On March 6, 1987, the Department of Commerce (“Commerce”) issued
antidumping duty orders on imports of brass sheet and strip from France, Germany, and Italy (52 FR
6995; Italy amended at 52 FR 11299 (April 8, 1987)). On August 12, 1988, Commerce issued an
antidumping duty order on imports of brass sheet and strip from Japan (53 FR 30454). Following first
five-year reviews by Commerce and the Commission, effective May 1, 2000, Commerce issued a
continuation of the antidumping duty orders on imports of brass sheet and strip from France, Germany,
Italy, and Japan (65 FR 25304). Following second five-year reviews by Commerce and the Commission,
effective April 3, 2006, Commerce issued a continuation of the antidumping duty orders on imports of

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. 11-5-240, 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.

brass sheet and strip from France, Germany, Italy, and Japan (71 FR 16552). 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 France, Germany, Italy, and 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 antidumping duty determinations concerning brass sheet and
strip from France, Germany, and Italy, the Commission defined the Domestic Like
Product to include brass material to be rerolled (reroll) and finished brass sheet and strip
(finished products). In its original antidumping duty determination and the remand
determination concerning brass sheet and strip from Japan, the Commission defined the
Domestic Like Product to be all Unified Numbering System (“UNS”) C20000
domestically produced brass sheet and strip. One Commissioner defined the Domestic
Like Product differently. In its full first and second five-year review determinations, the
Commission defined the Domestic Like Product as all UNS C20000 series brass sheet
and strip. For purposes of this notice, the Domestic Like Product is all UNS C20000
series brass sheet and strip.

(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 antidumping
duty determinations concerning brass sheet and strip from France, Germany, and Italy,
the Commission defined the Domestic Industry to include primary mills with casting
capabilities and rerollers. In its original antidumping duty determination and the remand
determination concerning brass sheet and strip from Japan, the Commission defined the
Domestic Industry as producers of the corresponding Domestic Like Product. One
Commissioner defined the Domestic Industry differently. In its full first and second
five-year review determinations, the Commission defined the Domestic Industry to
consist of the domestic producers of UNS C20000 series brass sheet and strip. For
purposes of this notice, the Domestic Industry is all domestic producers of UNS C20000
series brass sheet and strip.

(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
2

21 days after publication of this notice in the Federal Register. The Secretary will maintain a public
service list containing the names and addresses of all persons, or their representatives, who are parties to
the reviews.
Former Commission employees who are seeking to appear in Commission five-year reviews are
advised that they may appear in a review even if they participated personally and substantially in the
corresponding underlying original investigation. The Commission’s designated agency ethics official has
advised that a five-year review is not considered the “same particular matter” as the corresponding
underlying original investigation for purposes of 18 U.S.C. § 207, the post employment statute for
Federal employees, and Commission rule 201.15(b)(19 CFR § 201.15(b)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. Consequently, former
employees are not required to seek Commission approval to appear in a review under Commission rule 19
CFR § 201.15, even if the corresponding underlying original investigation was pending when they were
Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
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 March 31, 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 May 16, 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
3

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
“firm” includes any related firms.
(1)

The name and address of your firm or entity (including World Wide Web address) and name,
telephone number, fax number, and E-mail address of the certifying official.

(2)

A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product,
a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another
interested party (including an explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or which are members of your
association.

(3)

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 2004.

(7)

A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail address of a responsible official at each firm).

(8)

A list of known sources of information on national or regional prices for the Domestic Like
Product or the Subject Merchandise in the U.S. or other markets.

(9)

If you are a U.S. producer of the Domestic Like Product, provide the following information on
your firm’s operations on that product during calendar year 2010, except as noted (report quantity
data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or
4

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(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;
5

(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 each Subject Country after 2004, and significant changes, if any, that are likely to
occur within a reasonably foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production (including the shift of
production facilities used for other products and the use, cost, or availability of major inputs into
production); and factors related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in market demand abroad).
Demand conditions to consider include end uses and applications; the existence and availability
of substitute products; and the level of competition among the Domestic Like Product produced
in the United States, Subject Merchandise produced in 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: 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 Nos. 731-TA-825 and 826 (Second Review)
CERTAIN POLYESTER STAPLE FIBER FROM KOREA AND TAIWAN

AGENCY: United States International Trade Commission.
ACTION: Institution five-year reviews concerning the antidumping duty orders on certain polyester
staple fiber from Korea and Taiwan.
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 polyester staple fiber 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 March 31, 2011. Comments
on the adequacy of responses may be filed with the Commission by May 16, 2011. For further
information concerning the conduct of these reviews and rules of general application, consult the
Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and
part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January
16, 2009).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER..
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations,
U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired
persons can obtain information on this matter by contacting the Commission’s TDD terminal on
202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to
the Commission should contact the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov).
The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On May 25, 2000, the Department of Commerce issued antidumping duty orders
on imports of certain polyester staple fiber from Korea and Taiwan (65 F.R. 33807). Following five-year
reviews by Commerce and the Commission, effective April 3, 2006, Commerce issued a continuation of
the antidumping duty orders on imports of certain polyester staple fiber from Korea and Taiwan (71 FR
16558). The Commission is now conducting second five-year 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

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. 11-5-241, 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.

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, the Commission found that there were two
Domestic Like Products corresponding to (1) low-melt fiber and (2) conventional
polyester staple fiber (all subject polyester staple fiber except for low-melt fiber).
However, the Commission made a negative original determination with respect to lowmelt fiber. One Commissioner defined the Domestic Like Product differently in the
original determinations. In its full first five-year review determinations, the Commission
defined the Domestic Like Product to be all certain conventional polyester staple fiber,
coextensive with the scope of the reviews.

(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 two Domestic Industries: (1) all domestic producers of low-melt
fiber and (2) all domestic producers of conventional polyester staple fiber. However, the
Commission made a negative determination with respect to low-melt fiber in the original
investigations. One Commissioner defined the Domestic Industry differently in the
original determinations. In its full first five-year review determinations, the Commission
defined the Domestic Industry as all domestic producers of certain conventional polyester
staple fiber, coextensive with the scope of the reviews.

(5)

An Importer is any person or firm engaged, either directly or through a parent company
or subsidiary, in importing the Subject Merchandise into the United States from a foreign
manufacturer or through its selling agent.

Participation in the reviews and public service list.--Persons, including industrial users of the
Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than
21 days after publication of this notice in the Federal Register. The Secretary will maintain a public
service list containing the names and addresses of all persons, or their representatives, who are parties to
the reviews.
Former Commission employees who are seeking to appear in Commission five-year reviews are
advised that they may appear in a review even if they participated personally and substantially in the
corresponding underlying original investigation. The Commission’s designated agency ethics official has
advised that a five-year review is not considered the “same particular matter” as the corresponding
underlying original investigation for purposes of 18 U.S.C. § 207, the post employment statute for
Federal employees, and Commission rule 201.15(b) (19 CFR § 201.15(b)), 73 FR 24609 (May 5, 2008).
This advice was developed in consultation with the Office of Government Ethics. Consequently, former
2

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 March 31, 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 May 16, 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: 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
3

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 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 2004.

(7)

A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail address of a responsible official at each firm).

(8)

A list of known sources of information on national or regional prices for the Domestic Like
Product or the Subject Merchandise in the U.S. or other markets.

(9)

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

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

(b)

Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of
production that your establishment(s) could reasonably have expected to attain during the
year, assuming normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per year), time for
downtime, maintenance, repair, and cleanup, and a typical or representative product mix);
4

(10)

(11)

(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).

(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; and

(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.
5

(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 2004, and significant changes, if any, that are likely to
occur within a reasonably foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production (including the shift of
production facilities used for other products and the use, cost, or availability of major inputs into
production); and factors related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in market demand abroad).
Demand conditions to consider include end uses and applications; the existence and availability
of substitute products; and the level of competition among the Domestic Like Product produced
in the United States, Subject Merchandise produced in the Subject Country(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 Nos. 731-TA-847 and 849 (Second Review)
CARBON AND ALLOY SEAMLESS STANDARD, LINE, AND PRESSURE PIPE FROM
JAPAN AND ROMANIA

AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping duty orders on carbon and alloy
seamless standard, line, and pressure pipe from Japan and Romania.
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 carbon and alloy seamless standard, line, and pressure pipe from Japan and
Romania 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 May 2, 2011. Comments on the adequacy of responses may be filed with the Commission by
June 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. 11-5-242, 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 26, 2000, the Department of Commerce (“Commerce”) issued an
antidumping duty order on the imports of small and large diameter carbon and alloy seamless standard,
line, and pressure pipe from Japan (65 FR 39360). On August 10, 2000, Commerce issued an
antidumping duty order on the imports of large diameter carbon and alloy seamless standard, line, and
pressure pipe form Romania (65 FR 48963). Following five-year reviews by Commerce and the
Commission, effective May 8, 2006, Commerce issued a continuation of the antidumping duty orders on
imports of certain carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania
(71 FR 26746). The Commission is now conducting second 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 Commerce.

(2)

The Subject Countries in these reviews are Japan and Romania.

(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 it full first five-year review
determinations, the Commission found two Domestic Like Products corresponding to the
two scopes of the investigations: small diameter carbon and alloy seamless standard,
line, and pressure pipe and large diameter carbon and alloy seamless standard, line, and
pressure pipe. Certain Commissioners defined the Domestic Like Product differently in
the original determinations.

(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 found two Domestic
Industries: a small diameter carbon and alloy seamless standard, line, and pressure pipe
industry and a large diameter carbon and alloy seamless standard, line, and pressure pipe
industry, encompassing all domestic producers of those products, respectively. Certain
Commissioners defined the Domestic Industry differently in the original determinations.

(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 May 2, 2011. Pursuant to section 207.62(b) of the Commission=s rules, eligible parties (as
specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission should conduct expedited or full
reviews. The deadline for filing such comments is June 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

3

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 original determinations and its first five-year 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 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 Countries that currently export or have
exported Subject Merchandise to the United States or other countries after 2004.

(7)

A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail address of a responsible official at each firm).

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 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); 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).

(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 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.

5

(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; and

(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 each Subject Country after 2004, and significant changes, if any, that are likely to
occur within a reasonably foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production (including the shift of
production facilities used for other products and the use, cost, or availability of major inputs into
production); and factors related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in market demand abroad).
Demand conditions to consider include end uses and applications; the existence and availability
of substitute products; and the level of competition among the Domestic Like Product produced
in the United States, Subject Merchandise produced in the Subject Country(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.

6

James R. Holbein
Acting Secretary to the Commission
Issued:

7

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Third Review)
SULFANILIC ACID FROM CHINA AND INDIA

AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing duty order on sulfanilic acid
from India and the antidumping duty orders on sulfanilic acid from China and India.
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 sulfanilic acid from India and the antidumping duty orders on sulfanilic acid
from China and 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 May 2, 2011. Comments on the adequacy of responses may be filed with the Commission by
June 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.

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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. 11-5-243, 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 19, 1992, the Department of Commerce (“Commerce”) issued an antidumping
duty order on imports of sulfanilic acid from China (57 FR 37524). On March 2, 1993, Commerce issued
antidumping and countervailing duty orders on imports of sulfanilic acid from India (57 FR 12025 and
12026). Following five-year reviews by Commerce and the Commission, effective June 8, 2000,
Commerce issued a continuation of the countervailing duty order on sulfanilic acid from India and the
antidumping duty orders on sulfanilic acid from China and India (65 FR 36404). Following second fiveyear reviews by Commerce and the Commission, effective May 11, 2006, Commerce issued a
continuation of the countervailing duty order on sulfanilic acid from India and the antidumping duty
orders on sulfanilic acid from China and India (71 FR 27449). 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 Commerce.

(2)

The Subject Countries in these reviews are China and 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, expedited first five-year review
determinations, and full second five-year review determinations, the Commission defined
the Domestic Like Product as all sulfanilic acid, regardless of form or grade.

(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,
expedited first five-year review determinations, and full second five-year review
determinations, the Commission defined the Domestic Industry as all domestic producers
of sulfanilic acid.

(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 May 2, 2011. Pursuant to section 207.62(b) of the Commission=s rules, eligible parties (as
specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission should conduct expedited or full
reviews. The deadline for filing such comments is June 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

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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 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)).

(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 Countries that currently export or have
exported Subject Merchandise to the United States or other countries after 2004.

(7)

A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail address of a responsible official at each firm).

(8)

A list of known sources of information on national or regional prices for the Domestic Like
Product or the Subject Merchandise in the U.S. or other markets.

(9)

If you are a U.S. producer of the Domestic Like Product, provide the following information on
your firm=s operations on that product during calendar year 2010, except as noted (report
quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker

4

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(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 or
countervailing duties) of U.S. imports and, if known, an estimate of the percentage of
total U.S. imports of Subject Merchandise from each Subject Country accounted for by
your firm=s(s=) imports;

(b)

the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing
duties) of U.S. commercial shipments of Subject Merchandise imported from each
Subject Country; and

(c)

the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing
duties) of U.S. internal consumption/company transfers of Subject Merchandise imported
from each Subject Country.

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

5

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 each Subject Country after 2004, and significant changes, if any, that are likely to
occur within a reasonably foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production (including the shift of
production facilities used for other products and the use, cost, or availability of major inputs into
production); and factors related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in market demand abroad).
Demand conditions to consider include end uses and applications; the existence and availability
of substitute products; and the level of competition among the Domestic Like Product produced
in the United States, Subject Merchandise produced in the Subject Country(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:

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