[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)]
[Notices]
[Pages 41280-41282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20648]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. AA1921-127 (Review)]
Elemental Sulphur From Canada
AGENCY: United States International Trade Commission.
[[Page 41281]]
ACTION: Institution of a five-year review concerning the antidumping
duty order on elemental sulphur from Canada.
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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.
Sec. 1675(c)) (the Act) to determine whether revocation of the
antidumping duty order on elemental sulphur from Canada 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 September 22, 1998.
Comments on the adequacy of responses may be filed with the Commission
by October 16, 1998.
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: August 3, 1998.
FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200) 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 December 17, 1973, the Department of the Treasury issued an
antidumping duty order on imports of elemental sulphur from Canada (38
FR 34655). 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.
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 Canada.
(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 defined the Domestic Like Product as
elemental sulphur.
(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 defined the Domestic Industry as producers of elemental
sulphur.
(5) The Order Date is the date that the antidumping duty order
under review became effective. In this review, the Order Date is
December 17, 1973.
(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 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 review.
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 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. Sec. 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 section 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 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 September
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 whether the Commission should conduct an
expedited review. The deadline for filing such comments is October 16,
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 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 section 207.61(c) of the Commission's rules, any
interested party that cannot furnish the
[[Page 41282]]
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 determination in the review.
Information To Be Provided in Response to This Notice of
Institution
(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.
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
Canada that currently export or have exported Subject Merchandise to
the United States or other countries since 1972.
(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
long tons 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 Canada, provide the
following information on your firm's(s') operations on that product
during calendar year 1997 (report quantity data in thousands of long
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 of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from Canada accounted for by your firm's(s') imports; and
(b) The quantity and value of U.S. commercial shipments of Subject
Merchandise imported from Canada.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in
Canada, provide the following information on your firm's(s') operations
on that product during calendar year 1997 (report quantity data in
thousands of long 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) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in Canada
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 Canada 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 elemental sulphur 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 section 207.61 of the Commission's rules.
Issued: July 28, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-20648 Filed 7-31-98; 8:45 am]
BILLING CODE 7020-02-P
