[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Notices]
[Pages 29342-29344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13843]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-413-415 and 419 (Review)]
Certain Industrial Belts from Germany, Italy, Japan, and
Singapore
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping
duty orders on certain industrial belts from Germany, Italy, Japan, and
Singapore.
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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 antidumping
duty orders on certain industrial belts from Germany, Italy, Japan, and
Singapore would be likely to lead to continuation or recurrence of
material injury. Pursuant to section 751(c)(2) of the Act, interested
parties are requested to respond to this notice by submitting the
information specified below to the Commission; 1 to be
assured of consideration, the deadline for responses is July 21, 1999.
Comments on the adequacy of responses may be filed with the Commission
by August 16, 1999.
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 99-5-010. Public
reporting burden for the request is estimated to average 7 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.
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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 FR 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: June 1, 1999.
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 the date listed below, the Department of Commerce
issued antidumping duty orders on the subject imports: 2
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\2\ The Department of Commerce subsequently published
corrections to the orders, at 54 FR 32104 (Aug. 4, 1989).
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Order date Product/country Inv. No. F.R. cite
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6/14/89........................ Industrial belts except 731-TA-419 54 F.R. 25316.
synchronous and V/
Germany.
6/14/89........................ Industrial synchronous 731-TA-413 54 F.R. 25313.
and V belts/Italy.
6/14/89........................ Industrial belts/Japan... 731-TA-414 54 F.R. 25314.
6/14/89........................ Industrial V belts/ 731-TA-415 54 F.R. 25315.
Singapore.
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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. It will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct full reviews or expedited reviews. The Commission's
determinations in any expedited reviews will be based on the facts
available, which may include information provided in response to this
notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Germany, Italy,
Japan, and Singapore.
(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, two Commissioners defined three Domestic Like Products:
(1) All V-type power transmission belts, (2) all synchronous type power
transmission belts, and (3) all other types of power transmission
belts; two Commissioners found one Domestic Like Product: all
industrial belts, excluding automotive belts; one Commissioner defined
three Domestic Like Products: (1) All V-type and round type power
transmission belts, (2) all synchronous type power transmission belts,
and (3) all flat type power transmission belts; and one Commissioner
found one Domestic Like Product: all power transmission belts. For
purposes of this notice, you should report information separately on
each of the following Domestic Like Products: (1) All V-type power
transmission belts, (2) all synchronous type power transmission belts,
(3) all other types of power transmission belts, and (4) all industrial
belts, excluding automotive belts.
(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, two
Commissioners defined three Domestic Industries: (1) Producers of all
V-type power transmission belts, (2) producers of all synchronous type
power transmission belts, and (3) producers of all other types of power
transmission belts; two Commissioners found one Domestic Industry:
producers of all industrial belts, excluding automotive belts; one
Commissioner defined three Domestic Industries: (1) Producers of all V-
type and round type power transmission belts, (2) producers
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of all synchronous type power transmission belts, and (3) producers of
all flat type power transmission belts; and one Commissioner found one
Domestic Industry: producers of all power transmission belts. For
purposes of this notice, you should report information separately on
each of the following Domestic Industries: (1) Producers of all V-type
power transmission belts, (2) producers of all synchronous type power
transmission belts, (3) producers of all other types of power
transmission belts, and (4) producers of all industrial belts,
excluding automotive belts.
(5) The Order Date is the date that the antidumping duty orders
under review became effective. In these reviews, the Order Date is June
14, 1989.
(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 Sec. 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 Sec. 207.7(a) of the Commission's rules, the Secretary will
make BPI submitted in these reviews available to authorized applicants
under the APO issued in the reviews, provided that the application is
made no later than 21 days after publication of this notice in the
Federal Register. Authorized applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9), who are parties to the
reviews. A separate service list will be maintained by the Secretary
for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to Sec. 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 Sec. 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
July 21, 1999. Pursuant to Sec. 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 August 16, 1999.
All written submissions must conform with the provisions of Secs. 201.8
and 207.3 of the Commission's rules and any submissions that contain
BPI must also conform with the requirements of Secs. 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 Secs. 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
Sec. 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 Sec. 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 above, 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 to which your response pertains,
a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association, or another interested
party (including an explanation). If you are a union/worker group or
trade/business association, identify the firms in which your workers
are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on each Domestic Industry for which you are
filing a response in general and/or your firm/entity specifically. In
your response, please discuss the various factors specified in
Sec. 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
each Domestic Like Product for which you are filing a response.
Identify any known related parties and the nature of the relationship
as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Countries that currently export or have
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exported Subject Merchandise to the United States or other countries
since 1988.
(7) If you are a U.S. producer of a Domestic Like Product, provide
the following information separately on your firm's operations on each
product during calendar year 1998 (report quantity data in pounds and
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 each Domestic Like Product
accounted for by your firm's(s') production; and
(b) The quantity and value of U.S. commercial shipments of each
Domestic Like Product produced in your U.S. plant(s); and
(c) The quantity and value of U.S. internal consumption/company
transfers 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 1998 (report quantity data in pounds and
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 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; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from 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 Countries, provide the following information on your firm's(s')
operations on that product during calendar year 1998 (report quantity
data in pounds and 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
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 each 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 Date, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product 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 Sec. 207.61 of the Commission's rules.
Issued: May 24, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-13843 Filed 5-28-99; 8:45 am]
BILLING CODE 7020-02-P
