[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Notices]
[Pages 35697-35699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16823]
[[Page 35697]]
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INTERNATIONAL TRADE COMMISSION
Investigations Nos. 701-TA-178 (Review) and 731-TA-636-638 (Review)
Stainless Steel Wire Rod From Brazil, France, India, and Spain
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty and antidumping duty orders on stainless steel wire rod from
Brazil, France, India, and Spain.
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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 and antidumping duty orders on stainless steel wire
rod from Brazil, France, India, and Spain 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 August 20, 1999. Comments on the adequacy of responses
may be filed with the Commission by September 13, 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. 99-5-020.
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 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: July 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 dates listed below, the Department of Commerce issued
countervailing duty and antidumping duty orders on the subject imports:
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Order date Product/country Inv. No. FR cite
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1/3/83.............................. Stainless steel wire 701-TA-178 48 FR 52
rod/Spain.
12/1/93............................. Stainless steel wire 731-TA-638 58 FR 63335
rod/India.
1/28/94............................. Stainless steel wire 731-TA-636 59 FR 4021
rod/Brazil.
1/28/94............................. Stainless steel wire 731-TA-637 59 FR 4022
rod/France.
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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 Brazil, France,
India, and Spain.
(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, the Commission found one Domestic Like Product:
stainless steel wire rod.
(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, the
Commission found one Domestic Industry: producers of stainless steel
wire rod.
(5) The Order Dates are the dates that the countervailing duty and
antidumping duty orders under review became effective. In these
reviews, the Order Dates are as presented in the preceding tabulation.
(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 section 207.7(a) of the Commission's rules, the
Secretary will make BPI submitted in these reviews available to
authorized applicants under
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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 August 20, 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 September 13, 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 section 776(b) of the
Act in making its determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution
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 duty 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. 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
Spain that currently export or have exported Subject Merchandise to the
United States or other countries since 1982. A list of all known and
currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in Brazil, France, and India that
currently export or have exported Subject Merchandise to the United
States or other countries since 1992.
(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 short tons
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 Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 1998 (report quantity data in short tons
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
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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 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 1998 (report quantity
data in short tons 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 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: June 25, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-16823 Filed 6-30-99; 8:45 am]
BILLING CODE 7020-02-P
