[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Notices]
[Pages 58952-58954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22131]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-249 and 731-TA-262, 263 and 265 (Second 
Review)]


Certain Iron Construction Castings From Brazil, Canada, and China

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty order on heavy iron construction castings from Brazil, the 
antidumping duty order on heavy iron construction castings from Canada, 
and the antidumping duty orders on iron construction castings from 
Brazil and China.

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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 order on heavy iron construction castings from 
Brazil, the antidumping duty order on heavy iron construction castings 
from Canada, and/or the revocation of the antidumping duty orders on 
iron construction castings from Brazil and China 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 November 22, 2004. Comments on the adequacy of responses 
may be filed with the Commission by December 14, 2004. 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).
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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. 04-5-099, 
expiration date June 30, 2005. 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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Effective Date:  October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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). The public record for these reviews may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background--The Department of Commerce issued antidumping duty 
orders on imports of certain iron construction castings from Canada on 
March 5, 1986 (51 FR 7600) and from Brazil and China on May 9, 1986 (51 
FR 17220). On May 15, 1986, the Department of Commerce issued a 
countervailing duty order on imports of certain heavy iron construction 
castings from Brazil (51 FR 17786). Following five-year reviews by 
Commerce and the Commission, effective November 12, 1999, Commerce 
issued a continuation of the countervailing duty order on heavy iron 
construction castings from Brazil, a continuation of the antidumping 
duty order on heavy iron construction castings from Canada, and a 
continuation of the antidumping duty orders on iron construction 
castings from Brazil and China (64 FR 61590-61592). The Commission is 
now conducting second 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

[[Page 58953]]

defined by the Department of Commerce.
    (2) The Subject Countries in these reviews are Brazil, Canada, and 
China.
    (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 concerning iron construction castings from Brazil, 
Canada, and China, the Commission found two separate Domestic Like 
Products: ``heavy'' and ``light'' iron construction castings. One 
Commissioner defined the Domestic Like Products differently. On 
September 23, 1998, the Department of Commerce issued the final results 
of a changed circumstance review concerning iron construction castings 
from Canada, in which the antidumping duty order with respect to 
``light'' castings was revoked (63 FR 50881). In its full five-year 
review determinations, the Commission found, with respect to Canada, 
one Domestic Like Product consisting of all ``heavy'' construction 
castings and, with respect to Brazil and China, two separate Domestic 
Like Products consisting of all ``heavy'' iron construction castings 
and all ``light'' iron construction castings.
    (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 and 
its full five-year review determinations, the Commission defined the 
Domestic Industries as all producers of ``heavy'' iron construction 
castings and all producers of ``light'' iron construction castings.
    (5) 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.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are reminded that they are required, pursuant to 19 
CFR 201.15, to seek Commission approval if the matter in which they are 
seeking to appear was pending in any manner or form during their 
Commission employment. The Commission is seeking guidance as to whether 
a second transition five-year review is the ``same particular matter'' 
as the underlying original investigation for purposes of 19 CFR 201.15 
and 18 U.S.C. 207, the post employment statute for Federal employees. 
Former employees may seek informal advice from Commission ethics 
officials with respect to this and the related issue of whether the 
employee's participation was ``personal and substantial.'' However, any 
informal consultation will not relieve former employees of the 
obligation to seek approval to appear from the Commission under its 
rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy 
Agency Ethics Official, at 202-205-3088.
    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. 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 
November 22, 2004. 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 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 
December 14, 2004. 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. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). 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 
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: Please provide the requested information separately for 
each Domestic Like Product, as defined by the Commission in its 
original and first five-year review determinations, and for each of the 
products identified by Commerce as Subject Merchandise. If you are a 
domestic producer, union/

[[Page 58954]]

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 order 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 the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries after 1998.
    (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 2003 (report quantity data in pounds and 
value data in 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;
    (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 any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2003 (report quantity data in pounds and 
value data in 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 each Subject Country accounted for by your firms'(s') imports;
    (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 each 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 each Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firms's(s') 
operations on that product during calendar year 2003 (report quantity 
data in pounds and value data in 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 each Subject 
Country accounted for by your firms's(s') production; and
    (b) The quantity and value of your firms'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 each Subject Country accounted for by your firms'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 each Subject Country after 1998, 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 each 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: 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.

    By order of the Commission.

    Issued: September 23, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-22131 Filed 9-30-04; 8:45 am]
BILLING CODE 7020-02-P