99-13846. Benzyl Paraben From Japan  

  • [Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
    [Notices]
    [Pages 29337-29339]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-13846]
    
    
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    INTERNATIONAL TRADE COMMISSION
    
    [Investigation No. 731-TA-462 (Review)]
    
    
    Benzyl Paraben From Japan
    
    AGENCY: United States International Trade Commission.
    
    ACTION: Institution of a five-year review concerning the antidumping 
    duty order on benzyl paraben from Japan.
    
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    SUMMARY: The Commission hereby gives notice that it has instituted a 
    review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
    1675(c)) (the Act) to determine whether revocation of the antidumping 
    duty order on benzyl paraben 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;1 to be assured
    
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    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. 99-5-017. 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 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 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 February 13, 1991, the Department of Commerce issued an 
    antidumping duty order on imports of benzyl paraben from Japan (56 FR 
    5795). The Commission is conducting a review to determine whether 
    revocation of the order would be likely to lead to continuation or 
    recurrence of material injury to the domestic industry within a 
    reasonably foreseeable time. It will assess the adequacy of interested 
    party responses to this notice of institution to determine whether to 
    conduct a full review or an expedited review. The Commission's 
    determination in any expedited review will be based on the facts 
    available, which may include information provided in response to this 
    notice.
        Definitions.--The following definitions apply to this review:
        (1) 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. In its original 
    determination, the Commission found one Domestic Like Product: benzyl 
    paraben.
        (4) The Domestic Industry is the U.S. producers as a whole of the 
    Domestic Like Product, or those producers whose collective output of 
    the Domestic Like Product constitutes a major proportion of the total 
    domestic production of the product. In its original determination, the 
    Commission found one Domestic Industry: producers of benzyl paraben.
        (5) The Order Date is the date that the antidumping duty order 
    under review became effective. In this review, the Order Date is 
    February 13, 1991.
        (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 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 review.
        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 this review available to authorized applicants 
    under the APO issued in the review, provided that the application is 
    made no later than 21 days after publication of this notice in the 
    Federal Register. Authorized applicants must represent interested 
    parties, as defined in 19 U.S.C. 1677(9), who are parties to the 
    review. A separate service list will be maintained by the Secretary for 
    those parties authorized to receive BPI under the APO.
        Certification.--Pursuant to Sec. 207.3 of the Commission's rules, 
    any person submitting information to the Commission in connection with 
    this review must certify that the information is accurate and complete 
    to the best of the submitter's knowledge. In making the certification, 
    the submitter will be deemed to consent, unless otherwise specified, 
    for the Commission, its employees, and contract personnel to use the 
    information provided in any other reviews or investigations of the same 
    or comparable products which the Commission conducts under Title VII of 
    the Act, or in internal audits and investigations relating to the 
    programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
    3.
        Written submissions.--Pursuant to 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 an expedited 
    or full review. 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 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 
    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
    
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    (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 revocation of the 
    antidumping duty order on the Domestic Industry in general and/or your 
    firm/entity specifically. In your response, please discuss the various 
    factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
    including the likely volume of subject imports, likely price effects of 
    subject imports, and likely impact of imports of Subject Merchandise on 
    the Domestic Industry.
        (5) A list of all known and currently operating U.S. producers of 
    the Domestic Like Product. Identify any known related parties and the 
    nature of the relationship as defined in section 771(4)(B) of the Act 
    (19 U.S.C. 1677(4)(B)).
        (6) A list of all known and currently operating U.S. importers of 
    the Subject Merchandise and producers of the Subject Merchandise in the 
    Subject Country that currently export or have exported Subject 
    Merchandise to the United States or other countries since 1990.
        (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 1998 (report quantity data in 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); 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 Country, 
    provide the following information on your firm's(s') operations on that 
    product during calendar year 1998 (report quantity data in 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 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; 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 Country, provide the following information on your firm's(s') 
    operations on that product during calendar year 1998 (report quantity 
    data in 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 
    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 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 Sec. 207.61 of the Commission's rules.
    
        By order of the Commission.
    
        Issued: May 24, 1999.
    Donna R. Koehnke,
    Secretary.
    [FR Doc. 99-13846 Filed 5-28-99; 8:45 am]
    BILLING CODE 7020-02-P
    
    
    

Document Information

Effective Date:
6/1/1999
Published:
06/01/1999
Department:
International Trade Commission
Entry Type:
Notice
Action:
Institution of a five-year review concerning the antidumping duty order on benzyl paraben from Japan.
Document Number:
99-13846
Dates:
June 1, 1999.
Pages:
29337-29339 (3 pages)
Docket Numbers:
Investigation No. 731-TA-462 (Review)
PDF File:
99-13846.pdf