[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58758-58761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29289]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 303-TA-13 (Review), 731-TA-262, 263 and 265
(Review), and 701-TA-249 (Review)]
Iron Metal Castings From India, Iron Construction Castings From
Brazil, Canada, and China, Heavy Iron Construction Castings From
Brazil; Institution of Five Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty orders on iron metal castings from India and heavy iron
construction castings from Brazil and institution of five-year reviews
concerning the antidumping duty orders on iron construction castings
from Brazil, Canada, and China.
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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 orders on iron metal castings from India and heavy
iron construction castings from Brazil and whether revocation of the
antidumping duty orders on iron construction castings from Brazil,
Canada, and China 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 December 22, 1998. Comments on the adequacy
of responses may be filed with the Commission by January 14, 1999.
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). 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: November 2, 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
[[Page 58759]]
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 October 16, 1980, the Department of Commerce issued a
countervailing duty order on imports of iron metal castings from India
(45 F.R. 68650). The Department of Commerce issued antidumping duty
orders on imports of iron construction castings from Canada on March 5,
1986 (51 F.R. 7600) and from Brazil and China on May 9, 1986 (51 F.R.
17220). On May 15, 1986, the Department of Commerce issued a
countervailing duty order on imports of heavy iron construction
castings from Brazil (51 F.R. 17786). The Commission is conducting
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.
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 Brazil, Canada,
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
determination concerning iron metal castings from India, the Commission
found one Domestic Like Product consisting of manhole covers and
frames, catch-basin grates and frames, and cleanout covers and frames.
In its original determinations concerning iron construction castings
from Brazil, Canada, and China, the Commission found two separate
Domestic Like Products: ``heavy'' and ``light'' iron construction
castings. One Commissioner defined the Domestic Like Products
differently.
(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
concerning iron metal castings from India, the Commission found one
Domestic Industry consisting of producers of manhole covers and frames,
catch-basin grates and frames, and cleanout covers and frames with two
out of the four Commissioners in the majority finding a regional market
located in the Western United States. One Commissioner defined the
Domestic Industry differently. In its original determinations
concerning iron construction castings from Brazil, Canada, and China,
the Commission found two separate Domestic Industries, one producing
``heavy'' and one producing ``light'' iron construction castings. One
Commissioner defined the Domestic Industries differently.
(5) The Order Dates are the dates that the countervailing and
antidumping duty orders under review became effective. In the review
concerning iron metal castings from India, the Order Date is October
16, 1980. In the review concerning iron construction castings from
Canada the Order Date is March 5, 1986. In the reviews of the
antidumping duty orders concerning iron construction castings from
Brazil and China the Order Date is May 9, 1986. In the review of the
countervailing duty order concerning heavy iron construction castings
from Brazil the Order Date is May 15, 1986.
(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 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.
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. Sec. 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 December 22,
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 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 January 14, 1999. 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
[[Page 58760]]
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
Please provide the requested information separately for each
Domestic Like Product, as defined by the Commission in its original
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 ``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 these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
countervailing and 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. 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
India that currently export or have exported Subject Merchandise to the
United States or other countries since 1980. A list of all known and
currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in Brazil, Canada, and China that
currently export or have exported Subject Merchandise to the United
States or other countries since 1985.
(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 thousands of
pounds 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 Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 1997 (report quantity data in thousands of
pounds 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 Countries 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 Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your firm's(s')
operations on that product during calendar year 1997 (report quantity
data in thousands of pounds 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
Countries 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 Countries 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 Countries since the Order Dates, 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
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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
Countries, 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: 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.
Issued: October 21, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-29289 Filed 10-30-98; 8:45 am]
BILLING CODE 7020-02-P
