[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52755-52757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26326]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-7 (Review)]
Institution of a Five-Year Review Concerning the Suspended
Investigation on Small Electric Motors From Japan
SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
Sec. 1675(c)) (the Act) to determine whether termination of the
suspended investigation on small electric motors from Japan would be
likely to lead to continuation or recurrence of material injury.
Pursuant to section 751(c)(2) of the Act, interested parties are
requested to respond to this notice by submitting the information
specified below to the Commission; the deadline for responses is
November 20, 1998. Comments on the adequacy of responses may be filed
with the Commission by December 11, 1998.
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). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 F.R. 30599, June 5, 1998, and may be downloaded from
the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: October 1, 1998.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), 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).
SUPPLEMENTARY INFORMATION: Background.--On November 6, 1980, the
Department of Commerce suspended an investigation on imports of small
electric motors from Japan (46 F.R. 73723). The investigation that
Commerce suspended was based on a petition encompassing large and small
electric motors from Japan. Commerce initially found large and small
electric motors to encompass a single class or kind of subject
merchandise. The Commission's preliminary determination was based on
reasonable indication of material injury by reason of subject
merchandise to a single domestic industry producing large and small
electric motors. Commerce subsequently modified the scope of its
investigation distinguishing small electric motors from large electric
motors. Commerce suspended its investigation of small electric motors.
It subsequently issued an antidumping duty order with respect to large
electric motors after affirmative final determinations by it and the
Commission. In its final affirmative determination, the Commission
found one like product consisting of large motors. That order was
ultimately revoked. The Commission is now conducting a review to
determine whether termination of the suspended investigation concerning
small electric motors would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time.
Definitions.--The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is Japan.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. For purposes of
this notice, you should consider the Domestic Like Product to be
alternating current, polyphase electric motors greater than 5
horsepower and less than 150 horsepower. Because the investigation was
suspended by Commerce, the Commission did not reach a final
determination in this matter. As previously stated, its preliminary
determination was based on a definition of subject merchandise that
Commerce subsequently modified.
(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. For purposes of this notice, the
Domestic Industry is producers of alternating current, polyphase
electric motors greater than 5 horsepower and less than 150 horsepower.
(5) The Order Date is the date that the investigation was
suspended. In this review, the Order Date is November 6, 1980.
(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.
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. Sec. 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
[[Page 52756]]
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 November 20, 1998. 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 whether the Commission
should conduct an expedited review. The deadline for filing such
comments is December 11, 1998. 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. 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 if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this review by providing information requested by the
Commission.
(4) A statement of the likely effects of the termination of the
suspended investigation on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C.
Sec. 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. Sec. 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
Japan that currently export or have exported Subject Merchandise to the
United States or other countries since 1979.
(7) 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 1997 (report quantity data in units and
value data in thousands of 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; and (b) the quantity and
value of U.S. commercial shipments of the Domestic Like Product
produced in your U.S. plant(s).
(8) 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 1997 (report quantity data in units and
value data in thousands of 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 the Subject Country accounted for by your firm's(s') imports; and
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Country.
(9) 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 1997 (report quantity
data in units and value data in thousands of U.S. dollars, landed and
duty-paid at the U.S. port but not including antidumping or
countervailing duties). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production; and
(b) 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.
(10) 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
[[Page 52757]]
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.
(11) (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.
Issued: September 22, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-26326 Filed 9-30-98; 8:45 am]
BILLING CODE 7020-02-M
