Chloropicrin from China; Inv. No. 731-TA-130 (Fifth Review)

=== USITC Termination – AD – China === 71944 Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (Dec. 1994). The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order would have on: (1) The public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action on the Commission’s determination. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. In their initial submissions, Complainant is also requested to identify the remedy sought and Complainant and OUII are requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to state the date that the Asserted Patent expires, to provide the HTSUS subheadings under which the accused products are imported and to supply the identification information for all known importers of the products at issue in this investigation. The initial written submissions and proposed remedial orders must be filed no later than close of business on Monday, November 23, 2020. Reply submissions must be filed no later than the close of business on Monday, November 30, 2020. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (Inv. No. 337–TA–1183) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non- confidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on November 5, 2020. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: November 5, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–24984 Filed 11–10–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–130 (Fifth Review)] Chloropicrin From China; Termination of Five-Year Review AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission instituted the subject five-year review on August 3, 2020 (85 FR 46722) to determine whether revocation of the antidumping duty order on chloropicrin from China would be likely to lead to continuation or recurrence of material injury. The Department of Commerce issued notice that it was revoking the order effective September 22, 2020, because the domestic interested parties did not file a timely response in this review (see Chloropicrin from the People’s Republic of China: Final Results of Sunset Review and Revocation of Order, issued November 2, 2020). DATES : Applicable September 22, 2020 (effective date of revocation of order). FOR FURTHER INFORMATION CONTACT : Jason Duncan (202–205–3432), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). Authority: This review is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). This notice is published pursuant to § 207.69 of the Commission’s rules (19 CFR 207.69). By order of the Commission. Issued: November 5, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–24983 Filed 11–10–20; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:07 Nov 10, 2020 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 9990 E:\FR\FM\12NON1.SGM 12NON1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Initiation === 47185Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices 43 See section 782(b) of the Act. 44 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 45 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely- filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013- 09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or countervailing duty proceeding must certify to the accuracy and completeness of that information. 43 Parties must use the certification formats provided in 19 CFR 351.303(g).44 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 45 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: July 20, 2020 Jeffrey I. Kessler, Assistant Secretaryfor Enforcement and Compliance. Appendix—Scope of the Investigation The products covered by this investigation are all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to 6 inches (152.4 mm) in actual length and measuring less than 12.130 inches (308.102 mm) in actual outside diameter (OD), regardless of wall thickness, bore (e.g., smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold-drawn, annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint), insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting), or physical configuration (e.g., straight, coiled, bent, wound on spools). The scope of this investigation covers, but is not limited to, seamless refined copper pipe and tube produced or comparable to the American Society for Testing and Materials (ASTM) ASTM–B42, ASTM–B68, ASTM– B75, ASTM–B88, ASTM–B88M, ASTM– B188, ASTM–B251, ASTM–B251M, ASTM– B280, ASTM–B302, ASTM–B306, ASTM– B359, ASTM–B743, ASTM–B819, and ASTM–B903 specifications and meeting the physical parameters described therein. Also included within the scope of this investigation are all sets of covered products, including ‘‘line sets’’ of seamless refined copper tubes (with or without fittings or insulation) suitable for connecting an outdoor air conditioner or heat pump to an indoor evaporator unit. The phrase ‘‘all sets of covered products’’ denotes any combination of items put up for sale that is comprised of merchandise subject to the scope. ‘‘Refined copper’’ is defined as: (1) Metal containing at least 99.85 percent by actual weight of copper; or (2) metal containing at least 97.5 percent by actual weight of copper, provided that the content by actual weight of any other element does not exceed the following limits: Element Limiting content percent by weight Ag—Silver ....................... 0.25 As—Arsenic .................... 0.5 Cd—Cadmium ................ 1.3 Cr—Chromium ................ 1.4 Mg—Magnesium ............. 0.8 Pb—Lead ........................ 1.5 S—Sulfur ........................ 0.7 Sn—Tin ........................... 0.8 Te—Tellurium ................. 0.8 Zn—Zinc ......................... 1.0 Zr—Zirconium ................. 0.3 Other elements (each) .... 0.3 Excluded from the scope of this investigation are all seamless circular hollows of refined copper less than 12 inches in actual length whose actual OD exceeds its actual length. The products subject to this investigation are currently classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the investigation may also enter under HTSUS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2020–17067 Filed 8–3–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) listed below. The International Trade Commission (the ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s). DATES : Applicable August 1, 2020. FOR FURTHER INFORMATION CONTACT : Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION : Background Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five- Year (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to Commerce’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jbell on DSKJLSW7X2PROD with NOTICES 47186 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices 1 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 2 See section 782(b) of the Act. 3 See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 4 See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). 5 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). 6 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 7 See 19 CFR 351.218(d)(1)(iii). following antidumping and countervailing duty order(s): DOC Case No. ITC Case No. Country Product Commerce contact A–570–002 ....... 731–TA–130 ..... China ................ Chloropicrin (5th Review) ........................... Matthew Renkey (202) 482–2312. A–570–895 ....... 731–TA–1070A China ................ Crepe Paper (3rd Review) ......................... Matthew Renkey (202) 482–2312. A–570–900 ....... 731–TA–1092 ... China ................ Diamond Sawblades (2nd Review) ............ Mary Kolberg (202) 482–1785. A–570–851 ....... 731–TA–777 ..... China ................ Preserved Mushrooms (4th Review) ......... Mary Kolberg (202) 482–1785. A–337–804 ....... 731–TA–776 ..... Chile ................. Preserved Mushrooms (4th Review) ......... Mary Kolberg (202) 482–1785. A–533–813 ....... 731–TA–778 ..... India .................. Preserved Mushrooms (4th Review) ......... Mary Kolberg (202) 482–1785. A–560–802 ....... 731–TA–779 ..... Indonesia .......... Preserved Mushrooms (4th Review) ......... Mary Kolberg (202) 482–1785. Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on Commerce’s website at the following address: https:// enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303. 1 Any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information. 2 Parties must use the certification formats provided in 19 CFR 351.303(g).3 Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. On April 10, 2013, Commerce modified two regulations related to AD/ CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). 4 Parties are advised to review the final rule, available at https://enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at https:// enforcement.trade.gov/frn/2013/ 1309frn/2013-22853.txt, prior to submitting factual information in these segments.5 Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 6 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review. 7 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC ’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jbell on DSKJLSW7X2PROD with NOTICES 47187Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: July 17, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–16879 Filed 8–3–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA321] Marine Mammals; File No. 23932; Correction AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice; receipt of application; correction. SUMMARY : On July 20, 2020, a notice was published in the Federal Register announcing that NMFS had received an application for a permit (File No. 23932) from the New York Genome Center, 101 Avenue of the Americas, New York City, NY 10013 [Responsible Party: Catherine Reeves]. That document contained an error regarding the number of individual humpback whales (Megaptera novaeangliae) from which samples were requested for import annually. This document corrects this error. All other information is unchanged. FOR FURTHER INFORMATION CONTACT : Jennifer Skidmore or Carrie Hubard, (301) 427–8401. SUPPLEMENTARY INFORMATION : The notice of receipt for a permit (85 FR 43818; July 20, 2020) contained an error in that it incorrectly noted that the applicant proposed to import biological samples from up to six individual humpback whales (East Australia distinct population segment) annually. In fact, the applicant has requested to import unlimited biological samples from a maximum of 10 individual humpback whales (East Australia distinct population segment) annually. All other information contained in the document is unchanged. Correction In the Federal Register of July 20, 2020, in FR Doc. 2020–15565, on page 43818, in the second column, in the second paragraph under the SUPPLEMENTARY INFORMATION heading, the first sentence is corrected to read as follows: The applicant has requested to import unlimited biological samples from a maximum of 10 individual humpback whales (East Australia distinct population segment) annually. Dated: July 29, 2020. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2020–16859 Filed 8–3–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA301] Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice of SEDAR 70 Assessment Webinar III for Gulf of Mexico greater amberjack. SUMMARY : The SEDAR 70 stock assessment process for Gulf of Mexico greater amberjack will consist of a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION. DATES : The SEDAR 70 Assessment Webinar III will be held Thursday, August 20, 2020, from 1 p.m. to 3 p.m., Eastern Time. ADDRESSES : The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar. SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405. FOR FURTHER INFORMATION CONTACT : Julie A. Neer, SEDAR Coordinator; (843) 571– 4366; email: Julie.neer@safmc.net. SUPPLEMENTARY INFORMATION : The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi- step process including: (1) Data Workshop, (2) a series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO’s; International experts; and staff of Councils, Commissions, and state and federal agencies. The items of discussion during the Assessment Webinar are as follows: 1. Using datasets and initial assessment analysis recommended from the data webinars, panelists will employ assessment models to evaluate stock status, estimate population benchmarks and management criteria, and project future conditions. 2. Participants will recommend the most appropriate methods and configurations for determining stock status and estimating population parameters. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least 5 business days prior to each workshop. VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Revocation - AD - China === 71314 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices 1 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015) (Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 85 FR 39526 (July 1, 2020). 3 See Petitioner’s Letter, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Notice of Intent to Participate,’’ dated July 16, 2020. 4 See Petitioner’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from China, CVD Order, First Sunset Review: Substantive Response of USW,’’ dated July 31, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on July 1, 2020,’’ dated August 20, 2020. tires from China.1 On July 10, 2020, Commerce published the Notice of Initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c).2 On July 16, 2020, Commerce received a notice of intent to participate from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Workers Union, AFL–CIO, CLC (collectively, the petitioner) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed interested party status under section 771(9)(D) of the Act as a certified union representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product. On July 31, 2020, Commerce received an adequate substantive response from the petitioner within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 4 Commerce did not receive submissions from any other interested parties. We received no substantive response from respondent interested parties. On August 20, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties. 5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an expedited (120-day) sunset review of the Order. Scope of the Order Imports covered by the order are shipments of certain passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this order may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. The merchandise subject to this order may be classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov.frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on passenger tires from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Producer/exporter Net countervailable subsidy rate (percent) GITI Tire (Fujian) Co., Ltd .... 36.79 Cooper Kunshan Tire Co., Ltd ..................................... 20.73 Shandong Yongsheng Rub- ber Group Co., Ltd ............ 116.73 All Others .............................. 30.61 Administrative Protective Order This notice also serves as the only reminder to parties subject to Administrative Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: October 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–24812 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–002] Chloropicrin From the People’s Republic of China: Final Results of Sunset Review and Revocation of Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : On August 4, 2020, the Department of Commerce (Commerce) initiated the fifth sunset review of the antidumping duty order on chloropicrin from the People’s Republic of China (China). Because the domestic interested parties did not file a timely substantive response in this sunset review, Commerce is revoking this antidumping duty order. DATES : Applicable September 22, 2020. FOR FURTHER INFORMATION CONTACT : Abdul Alnoor, AD/CVD Operations, VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1 khammond on DSKJM1Z7X2PROD with NOTICES 71315Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices 1 See Antidumping Duty Order: Chloropicrin from the People’s Republic of China, 49 FR 10691 (March 22, 1984) (Order). 2 See Chloropicrin From the People’s Republic of China: Continuation of Antidumping Duty Order, 80 FR 57149 (September 22, 2015) (2015 Continuation Notice). 3 See Chloropicrin from the People’s Republic of China: Final Results of Administrative Review of Antidumping Duty Order, 50 FR 2844 (January 22, 1985). 4 See Final Results of Expedited Sunset Review: Chloropicrin from the People’s Republic of China, 64 FR 11440 (March 9, 1999). 5 See Chloropicrin from the People’s Republic of China; Final Results of the Expedited Sunset Review of Antidumping Duty Order, 69 FR 40601 (July 6, 2004). 6 See Chloropicrin From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 74 FR 57450 (November 6, 2009). 7 See Chloropicrin from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 80 FR 47467 (August 7, 2015). 8 See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 (August 4, 2020). 9 See Domestic Interested Parties’ Letter, ‘‘Notice of Intent to Participate in Five-Year (‘‘Sunset’’) Review of Chloropicrin from China; Application Under Administrative Protective Order,’’ dated August 18, 2020. 10 See 19 CFR 351.218(d)(1)(i). 11 On September 18, 2020, the domestic interested parties attempted to file a late substantive response. See Domestic Interested Parties’ Letter, ‘‘Substantive Response on Behalf of Ashta Chemicals Inc, Niklor Chemical Company, and Trinity Manufacturing, Inc,’’ dated September 18, 2020. At the same time, the domestic interested parties also filed an untimely request for an extension to file the substantive response in this sunset review. See Letter from Kalik Lewin, ‘‘Request for Leave for late Filing: Substantive Response in Five-Year (‘‘Sunset’’) Review of Chloropicrin from China,’’ dated September 18, 2020. Commerce rejected the late submission of the substantive response. See Commerce Letters, ‘‘Five- Year (‘Sunset’) Review of Chloropicrin from China: Rejection of Request for Leave for Late Filing and Rejection of Domestic Interested Parties’ Substantive Response,’’ dated September 28, 2020; and ‘‘Five-Year (‘Sunset’) Review of Chloropicrin from China: Response to Second Request to Extend the Deadline for Filing a Substantive Response,’’ dated November 2, 2020. 12 See Commerce’s Letter, ‘‘Sunset Review Initiated on August 4, 2020,’’ dated September 10, 2020. 13 Since this scope was written, the HTS subheading has changed. Subject merchandise is currently classifiable under HTS subheading 2904.91.00 00. 14 See 19 CFR 351.218(e)(1)(i)(C)(1). 15 See 2015 Continuation Notice. Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4554. SUPPLEMENTARY INFORMATION : Background On March 22, 1984, Commerce issued an antidumping duty order on chloropicrin from China. 1 On September 22, 2015, Commerce published a notice of continuation of the Order.2 There has been one administrative review since issuance of the Order.3 Commerce conducted four previous sunset reviews of the Order. Commerce published the final results of those sunset reviews on March 9, 1999; 4 July 6, 2004; 5 November 6, 2009; 6 and August 7, 2015.7 On August 4, 2020, Commerce initiated the fifth sunset review of this Order.8 On August 18, 2020, within the applicable deadline, Commerce received notice of intent to participate 9 from Ashta Chemicals, Inc.; Niklor Chemical Co., Inc.; and Trinity Manufacturing, Inc., the domestic interested parties in this proceeding. 10 However, the domestic interested parties failed to submit a substantive response to the notice of initiation by the applicable time limit of September 3, 2020, as required by 19 CFR 351.218(d)(3).11 Pursuant to 19 CFR 351.218(e)(1)(i)(C)(2), on September 10, 2020, Commerce notified the International Trade Commission, in writing, that it intended to issue a final determination revoking this antidumping duty order. 12 Scope of the Order The merchandise subject to the antidumping duty order is chloropicrin, also known as trichloronitromethane. A major use of the product is as a pre- plant soil fumigant (pesticide). Such merchandise is classifiable under Harmonized Tariff Schedule (HTS) subheading 2904.90.50.05.13 The HTS subheading is provided for convenience and customs purposes. The written description remains dispositive. Determination To Revoke 19 CFR 351.218(e)(1)(i)(C) states that if no domestic party has filed a complete substantive response to the notice of initiation under paragraph (d)(3) of that section, then Commerce will issue a final determination revoking the order or terminating the suspended investigation not later than 90 days after the date of publication in the Federal Register of the Notice of Initiation. In turn, paragraph (d)(3) establishes a time limit for substantive responses to a notice of initiation, which is 30 days after the date of publication in the Federal Register of the notice of initiation. In this case, the notice of initiation was published in the Federal Register on August 4, 2020, and therefore the applicable time limit for substantive responses was September 3, 2020. As noted above, Commerce did not receive a substantive response from any domestic interested party by September 3. Because no domestic interested party timely filed an adequate substantive response in this sunset review, Commerce finds that no domestic interested party has responded to the notice of initiation of this sunset review under 751(c)(3)(A) of the Act. Therefore, consistent with the section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(1)(i), we are revoking the antidumping duty order on chloropicrin from China.14 Effective Date of Revocation The effective date of revocation is September 22, 2020, the fifth anniversary of the date of publication in the Federal Register of the most recent notice of continuation of this antidumping duty order.15 Pursuant to section 751(c)(3)(A) of the Act, Commerce intends to issue instructions to U.S. Customs and Border Protection 15 days after the publication of this notice to terminate the suspension of liquidation of the merchandise subject to this order entered, or withdrawn from warehouse, on or after September 22, 2020. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. Commerce will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This notice of revocation is published in accordance with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(i)(C)(3) and 19 CFR 351.222(i)(1)(i). Dated: November 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–24828 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Initiation and Preliminary Results of Changed Circumstances Review AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Institution === 46722 Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2019 (report quantity data in units and value data in U.S. dollars, landed and duty- paid at the U.S. port but not including antidumping duties). If you are a trade/ business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2014, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. By order of the Commission. Issued: July 28, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–16733 Filed 7–31–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–130 (Fifth Review)] Chloropicrin From China; Institution of a Five-Year Review AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty order on chloropicrin from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES : Instituted August 3, 2020. To be assured of consideration, the deadline for responses is September 2, 2020. Comments on the adequacy of responses may be filed with the Commission by October 16, 2020. 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 (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—On March 22, 1984, the Department of Commerce (‘‘Commerce’’) issued an antidumping duty order on imports of chloropicrin from China (49 FR 10691). Following first five-year reviews by Commerce and the Commission, effective April 14, 1999, Commerce issued a continuation of the antidumping duty order on imports of chloropicrin from China (64 FR 42655, August 15, 1999). Following second five-year reviews by Commerce and the Commission, effective August 23, 2004, Commerce issued a continuation of the antidumping duty order on imports of chloropicrin from China (69 FR 51811). Following third five-year reviews by Commerce and the Commission, effective May 18, 2010, Commerce issued a continuation of the antidumping duty order on imports of chloropicrin from China (75 FR 27704). Following the fourth five-year reviews by Commerce and the Commission, effective September 22, 2015, Commerce issued a continuation of the antidumping duty order on imports of chloropicrin from China (80 FR 57149). The Commission is now conducting a fifth review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), 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. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by Commerce. (2) The Subject Country in this review is China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, its expedited first and second five-year review determinations, its full third five-year review VerDate Sep<11>2014 20:39 Jul 31, 2020 Jkt 250001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 46723Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices determination, and its expedited fourth five-year review determination, the Commission defined the Domestic Like Product as chloropicrin, consistent with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, its expedited first and second five-year review determinations, its full third five-year review determination, and its expedited fourth five-year review determination, the Commission defined the Domestic Industry as all U.S. producers of chloropicrin. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission’s designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post-employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008). Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation or an earlier review of the same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Charles Smith, Office of the General Counsel, at 202– 205–3408. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in this proceeding available to authorized applicants under the APO issued in the proceeding, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the proceeding. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with this proceeding must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that information submitted in response to this request for information and throughout this proceeding or other proceeding may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Written submissions.—Pursuant to § 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 September 2, 2020. Pursuant to § 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 October 16, 2020. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https://www.usitc.gov/documents/ handbook_on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Also, in accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the proceeding must be served on all other parties to the proceeding (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the proceeding you do not need to serve your response). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. 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. 20–5–468, expiration date June 30, 2023. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Inability to provide requested information.—Pursuant to § 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 § 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determination in the review. Information to be Provided in Response to This Notice of Institution: VerDate Sep<11>2014 20:39 Jul 31, 2020 Jkt 250001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 46724 Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices As used below, the term ‘‘firm’’ includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official. (2) A statement indicating whether your firm/entity is an interested party under 19 U.S.C. 1677(9) and if so, how, including whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association (a majority of whose members are interested parties under the statute), or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in this proceeding by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the antidumping duty 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 § 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 2014. (7) A list of 3–5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm). (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 2019, 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 (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2019 (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 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. (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, provide the following information on your firm’s(s’) operations on that product during calendar year 2019 (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 the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2014, 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 VerDate Sep<11>2014 20:39 Jul 31, 2020 Jkt 250001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 46725Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (Optional) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. By order of the Commission. Issued: July 28, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–16734 Filed 7–31–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–776–779 (Fourth Review)] Certain Preserved Mushrooms From Chile, China, India, and Indonesia; Institution of Five-Year Reviews AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty orders on certain preserved mushrooms from Chile, China, India, and Indonesia would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES : Instituted August 3, 2020. To be assured of consideration, the deadline for responses is September 2, 2020. Comments on the adequacy of responses may be filed with the Commission by October 16, 2020. 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 (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—On December 2, 1998, the Department of Commerce (‘‘Commerce’’) issued an antidumping duty order on imports of certain preserved mushrooms from Chile (63 FR 66529) and on February 19, 1999, Commerce issued antidumping duty orders on imports of certain preserved mushrooms from China, India, and Indonesia (64 FR 8308–8312). Commerce subsequently revoked in part the order on imports from Indonesia (68 FR 39521, July 2, 2003). Following first five-year reviews by Commerce and the Commission, effective November 17, 2004, Commerce issued a continuation of the antidumping duty orders on imports of certain preserved mushrooms from Chile, China, India, and Indonesia (69 FR 67308). Following the second five-year reviews by Commerce and the Commission, effective April 28, 2010, Commerce issued a continuation of the antidumping duty orders on imports of certain preserved mushrooms from Chile, China, India, and Indonesia (75 FR 22369). Following the third five-year reviews by Commerce and the Commission, effective September 2, 2015, Commerce issued a continuation of the antidumping duty orders on imports of certain preserved mushrooms from Chile, China, India, and Indonesia (80 FR 53104). The Commission is now conducting fourth reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by Commerce. (2) The Subject Countries in these reviews are Chile, China, India, and Indonesia. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations, its full first five-year review determinations, and its expedited second and third five-year review determinations, the Commission found one Domestic Like Product consisting of certain preserved mushrooms corresponding to the scope of Commerce’s investigations. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, its full first five-year review determinations, and its expedited second and third five-year review determinations, the Commission defined the Domestic Industry to consist of all domestic producers of certain preserved mushrooms. Certain Commissioners defined the Domestic Industry differently in the original investigations. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. VerDate Sep<11>2014 20:39 Jul 31, 2020 Jkt 250001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 khammond on DSKJM1Z7X2PROD with NOTICES