[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Notices]
[Pages 36438-36440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17792]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Investigations Nos. AA1921-86-88 (Review)
Large Power Transformers From France, Italy, and Japan
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping
duty orders on large power transformers from France, Italy, and Japan.
-----------------------------------------------------------------------
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 large power transformers from France, Italy, and 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 August
25, 1998. Comments on the adequacy of responses may be filed with the
Commission by September 21, 1998.
For further information concerning the conduct of these reviews and
rules
[[Page 36439]]
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 6, 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 June 14, 1972, the Department of the Treasury issued antidumping
duty orders on imports of large power transformers from France, Italy,
and Japan (37 F.R. 11772). 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 France, Italy, and
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
determinations, the Commission defined the Domestic Like Product as all
transformers rated 10,000 KVA or above, by whatever name designated,
used in the generation, transmission, distribution, and utilization of
electrical power, including but not limited to shunt reactors,
autotransformers, rectifier transformers, and power rectifier
transformers.
(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 defined the Domestic Industry as producers of all
transformers rated 10,000 KVA or above, by whatever name designated,
used in the generation, transmission, distribution, and utilization of
electrical power, including but not limited to shunt reactors,
autotransformers, rectifier transformers, and power rectifier
transformers.
(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, 1972.
(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 August 25,
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 expedited
reviews. The deadline for filing such comments is September 21, 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. Also, in 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
[[Page 36440]]
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.
(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
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
France, Italy, and Japan that currently export or have exported Subject
Merchandise to the United States or other countries since 1971.
(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). 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 France, Italy, and/or
Japan, 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 of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from France, Italy, and Japan accounted for by your firm's(s') imports;
and
(b) the quantity and value of U.S. commercial shipments of Subject
Merchandise imported from France, Italy, and Japan.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in
France, Italy, and/or Japan, 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) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in France, Italy,
and Japan 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 France, Italy, and Japan 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 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 large power
transformers 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: June 29, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
Issued: June 29, 1998
[FR Doc. 98-17792 Filed 7-2-98; 8:45 am]
BILLING CODE 7020-02-P
