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Federal Register / Vol. 70, No.

61 / Thursday, March 31, 2005 / Notices 16519

Commission may take an adverse (a) Production (quantity) and, if Merchandise from the Subject Country
inference against the party pursuant to known, an estimate of the percentage of accounted for by your firm’s(s’) exports.
section 776(b) of the Act in making its total U.S. production of the Domestic (10) Identify significant changes, if
determination in the review. Like Product accounted for by your any, in the supply and demand
Information To Be Provided in firm’s(s’) production; conditions or business cycle for the
Response To This Notice of Institution: (b) the quantity and value of U.S. Domestic Like Product that have
As used below, the term ‘‘firm’’ includes commercial shipments of the Domestic occurred in the United States or in the
any related firms. Like Product produced in your U.S. market for the Subject Merchandise in
(1) The name and address of your firm plant(s); and the Subject Country since the Order
or entity (including World Wide Web (c) the quantity and value of U.S. Date, and significant changes, if any,
address if available) and name, internal consumption/company that are likely to occur within a
telephone number, fax number, and E- transfers of the Domestic Like Product reasonably foreseeable time. Supply
mail address of the certifying official. produced in your U.S. plant(s). conditions to consider include
(2) A statement indicating whether (8) If you are a U.S. importer or a technology; production methods;
your firm/entity is a U.S. producer of trade/business association of U.S. development efforts; ability to increase
the Domestic Like Product, a U.S. union importers of the Subject Merchandise production (including the shift of
or worker group, a U.S. importer of the from the Subject Country, provide the production facilities used for other
Subject Merchandise, a foreign producer products and the use, cost, or
following information on your firm’s(s’)
or exporter of the Subject Merchandise, availability of major inputs into
operations on that product during
a U.S. or foreign trade or business production); and factors related to the
calendar year 2004 (report quantity data
association, or another interested party ability to shift supply among different
in short tons and value data in U.S.
(including an explanation). If you are a national markets (including barriers to
dollars). If you are a trade/business
union/worker group or trade/business importation in foreign markets or
association, provide the information, on
association, identify the firms in which changes in market demand abroad).
an aggregate basis, for the firms which
your workers are employed or which are Demand conditions to consider include
are members of your association.
members of your association. end uses and applications; the existence
(3) A statement indicating whether (a) The quantity and value (landed,
duty-paid but not including and availability of substitute products;
your firm/entity is willing to participate and the level of competition among the
in this review by providing information antidumping duties) of U.S. imports
and, if known, an estimate of the Domestic Like Product produced in the
requested by the Commission. United States, Subject Merchandise
(4) A statement of the likely effects of percentage of total U.S. imports of
Subject Merchandise from the Subject produced in the Subject Country, and
the termination of the suspended
Country accounted for by your firm’s(s’) such merchandise from other countries.
investigation on the Domestic Industry (11) (Optional) A statement of
in general and/or your firm/entity imports;
(b) the quantity and value (f.o.b. U.S. whether you agree with the above
specifically. In your response, please definitions of the Domestic Like Product
discuss the various factors specified in port, including antidumping duties) of
U.S. commercial shipments of Subject and Domestic Industry; if you disagree
section 752(a) of the Act (19 U.S.C. with either or both of these definitions,
1675a(a)) including the likely volume of Merchandise imported from the Subject
Country; and please explain why and provide
subject imports, likely price effects of alternative definitions.
subject imports, and likely impact of (c) the quantity and value (f.o.b. U.S.
imports of Subject Merchandise on the port, including antidumping duties) of Authority: This review is being conducted
Domestic Industry. U.S. internal consumption/company under authority of title VII of the Tariff Act
(5) A list of all known and currently transfers of Subject Merchandise of 1930; this notice is published pursuant to
imported from the Subject Country. section 207.61 of the Commission’s rules.
operating U.S. producers of the
Domestic Like Product. Identify any (9) If you are a producer, an exporter, By order of the Commission.
known related parties and the nature of or a trade/business association of Issued: March 23, 2005.
the relationship as defined in section producers or exporters of the Subject Marilyn R. Abbott,
771(4)(B) of the Act (19 U.S.C. Merchandise in the Subject Country, Secretary to the Commission.
1677(4)(B)). provide the following information on [FR Doc. 05–6401 Filed 3–30–05; 8:45 am]
(6) A list of all known and currently your firm’s(s’) operations on that
BILLING CODE 7020–02–P
operating U.S. importers of the Subject product during calendar year 2004
Merchandise and producers of the (report quantity data in short tons and
Subject Merchandise in the Subject value data in U.S. dollars, landed and INTERNATIONAL TRADE
Country that currently export or have duty-paid at the U.S. port but not COMMISSION
exported Subject Merchandise to the including antidumping duties). If you
United States or other countries since are a trade/business association, provide [Investigations Nos. 701–TA–269 and 270
the information, on an aggregate basis, and 731–TA–311–314, 317 and 379 (Second
the Order Date.
Review)]
(7) If you are a U.S. producer of the for the firms which are members of your
Domestic Like Product, provide the association. Brass Sheet and Strip From Brazil,
following information on your firm’s (a) Production (quantity) and, if Canada, France, Germany, Italy, and
operations on that product during known, an estimate of the percentage of Japan
calendar year 2004 (report quantity data total production of Subject Merchandise
in short tons and value data in U.S. in the Subject Country accounted for by AGENCY: United States International
dollars, f.o.b. plant). If you are a union/ your firm’s(s’) production; and Trade Commission.
worker group or trade/business (b) the quantity and value of your ACTION: Institution of five-year reviews
association, provide the information, on firm’s(s’) exports to the United States of concerning the countervailing duty
an aggregate basis, for the firms in Subject Merchandise and, if known, an orders on brass sheet and strip from
which your workers are employed/ estimate of the percentage of total Brazil and France and the antidumping
which are members of your association. exports to the United States of Subject duty orders on brass sheet and strip

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16520 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Notices

from Brazil, Canada, France, Germany, Brazil (52 FR 698). On January 12, 1987, defined the Domestic Like Product to be
Italy, and Japan. Commerce issued antidumping duty all Unified Numbering System (‘‘UNS’’)
orders on imports of brass sheet and C20000 domestically produced brass
SUMMARY: The Commission hereby gives strip from Brazil and Canada (52 FR sheet and strip. One Commissioner
notice that it has instituted reviews 1214). On March 6, 1987, Commerce defined the Domestic Like Product
pursuant to section 751(c) of the Tariff issued a countervailing duty order on differently. In its full five-year review
Act of 1930 (19 U.S.C. 1675(c)) (the Act) imports of brass sheet and strip from determinations, the Commission
to determine whether revocation of the France and antidumping duty orders on defined the Domestic Like Product as all
countervailing duty orders on brass imports of brass sheet and strip from UNS C20000 series brass sheet and
sheet and strip from Brazil and France France, Germany and Italy (52 FR 6995; strip. For purposes of this notice, the
and the antidumping duty orders on Italy amended at 52 FR 11299 (April 8, Domestic Like Product is all UNS
brass sheet and strip from Brazil, 1987)). On August 12, 1988, Commerce C20000 series brass sheet and strip.
Canada, France, Germany, Italy, and issued an antidumping duty order on (4) The Domestic Industry is the U.S.
Japan would be likely to lead to imports of brass sheet and strip from producers as a whole of the Domestic
continuation or recurrence of material Japan (53 FR 30454). Following five- Like Product, or those producers whose
injury. Pursuant to section 751(c)(2) of year reviews by Commerce and the collective output of the Domestic Like
the Act, interested parties are requested Commission, effective May 1, 2000, Product constitutes a major proportion
to respond to this notice by submitting Commerce issued a continuation of the of the total domestic production of the
the information specified below to the countervailing duty orders on imports of product. In its original countervailing
Commission; 1 to be assured of brass sheet and strip from Brazil and duty determination concerning brass
consideration, the deadline for France and a continuation of the sheet and strip from Brazil and France
responses is May 23, 2005. Comments antidumping duty orders on imports of and antidumping duty determinations
on the adequacy of responses may be brass sheet and strip from Brazil, concerning brass sheet and strip from
filed with the Commission by June 14, Canada, France, Germany, Italy, and Brazil, Canada, France, Germany, and
2005. For further information Japan (65 FR 25304). The Commission is Italy, the Commission defined the
concerning the conduct of these reviews now conducting second reviews to Domestic Industry to include primary
and rules of general application, consult determine whether revocation of the mills with casting capabilities and
the Commission’s Rules of Practice and orders would be likely to lead to rerollers. In its original anticumping
Procedure, part 201, subparts A through continuation or recurrence of material duty determination and the remand
E (19 CFR part 201), and part 207, injury to the domestic industry within determination concerning brass sheet
subparts A, D, E and F (19 CFR part a reasonably foreseeable time. It will and strip from Japan, the Commission
207). assess the adequacy of interested party defined the Domestic Industry as
DATES: Effective Date: March 31, 2005. responses to this notice of institution to producers of the corresponding
FOR FURTHER INFORMATION CONTACT:
determine whether to conduct full Domestic Like Product. One
Mary Messer (202–205–3193), Office of reviews or expedited reviews. The Commissioner defined the Domestic
Investigations, U.S. International Trade Commission’s determinations in any Industry differently. In its full five-year
Commission, 500 E Street SW., expedited reviews will be based on the review determinations, the Commission
Washington, DC 20436. Hearing- facts available, which may include defined the Domestic Like Product to
impaired persons can obtain information provided in response to this consist of the domestic producers of
notice.
information on this matter by contacting UNS C20000 series brass sheet and
Definitions.—The following
the Commission’s TDD terminal on 202– strip. For purposes of this notice, the
definitions apply to these reviews:
205–1810. Persons with mobility (1) Subject Merchandise is the class or Domestic Industry is domestic
impairments who will need special kind of merchandise that is within the producers of all UNS C20000 series
assistance in gaining access to the scope of the five-year reviews, as brass sheet and strip.
Commission should contact the Office defined by Commerce. (5) An Importer is any person or firm
of the Secretary at 202–205–2000. (2) The Subject Countries in these engaged, either directly or through a
General information concerning the reviews are Brazil, Canada, France, parent company or subsidiary, in
Commission may also be obtained by Germany, Italy, and Japan. importing the Subject Merchandise into
accessing its Internet server (http:// (3) The Domestic Like Product is the the United States from a foreign
www.usitc.gov). The public record for domestically produced product or manufacturer or through its selling
these reviews may be viewed on the products which are like, or in the agent.
Commission’s electronic docket (EDIS) absence of like, most similar in Participation in the reviews and
at http://edis.usitc.gov. characteristics and uses with, the public service list.—Persons, including
SUPPLEMENTARY INFORMATION: Subject merchandise. In its original industrial users of the Subject
Background.—On January 8, 1987, the countervailing duty determinations Merchandise and, if the merchandise is
Department of Commerce (‘‘Commerce’’) concerning brass sheet and strip from sold at the retail level, representative
issued a countervailing duty order on Brazil and France and antidumping consumer organizations, wishing to
imports of brass sheet and strip from duty determinations concerning brass participate in the reviews as parties
sheet and strip from Brazil, Canada, must file an entry of appearance with
1 No response to this request for information is France, Germany, and Italy, the the Secretary to the Commission, as
required if a currently valid Office of Management Commission defined the Domestic Like provided in section 201.11(b)(4) of the
and Budget (OMB) number is not displayed; the
OMB number is 3117–0016/USITC No. 05–5–118,
Product to include brass material to be Commission’s rules, no later than 21
expiration date June 30, 2005. Public reporting rerolled (reroll) and finished brass sheet days after the publication of this notice
burden for the request is estimated to average 10 and strip (finished products). In its in the Federal Register. The Secretary
hours per response. Please send comments original antidumping duty will maintain a public service list
regarding the accuracy of this burden estimate to
the Office of Investigations, U.S. International Trade
determination and the remand containing the names and addresses of
Commission, 500 E Street, SW., Washington, DC determination concerning brass sheet all persons, or their representatives,
20436. and strip from Japan, the Commission who are parties to the reviews.

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Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Notices 16521

Former Commission employees who rules, each interested party response to Subject Country. As used below, the
are seeking to appear in Commission this notice must provide the information term ‘‘firm’’ includes any related firms.
five-year reviews are reminded that they specified below. The deadline for filing (1) The name and address of your firm
are required, pursuant to 19 CFR 201.15, such responses is May 23, 2005. or entity (including World Wide Web
to seek Commission approval if the Pursuant to section 207.62(b) of the address if available) and name,
matter in which they are seeking to Commission’s rules, eligible parties (as telephone number, fax number, and E-
appear was pending in any manner or specified in Commission rule mail address of the certifying official.
form during their Commission 207.62(b)(1)) may also file comments (2) A statement indicating whether
employment. The Commission is concerning the adequacy of responses to your firm/entity is a U.S. producer of
seeking guidance as to whether a second the notice of institution and whether the the Domestic Like Product, a U.S. union
transition five-year review is the ‘‘same Commission should conduct expedited or worker groups, a U.S. importer of the
particular matter’’ as the underlying or full reviews. The deadline for filing Subject Merchandise, a foreign producer
original investigation for purposes of 19 such comments is June 14, 2005. All or exporter of the Subject merchandise,
CFR 201.15 and 18 U.S.C. 207, the post written submissions must conform with a U.S. or foreign trade or business
employment statute for Federal the provisions of sections 201.8 and association, or another interested party
employees. Former employees may seek 207.3 of the Commission’s rules and any (including an explanation). If you are a
informal advice from Commission ethics submissions that contain BPI must also union/worker group or trade/business
officials with respect to this and the conform with the requirements of association, identify the firms in which
related issue of whether the employee’s sections 201.6 and 207.7 of the your workers are employed or which are
participation was ‘‘personal and Commission’s rules. The Commission’s members of your association.
substantial.’’ However, any informal rules do not authorize filing of (3) A statement indicating whether
consultation will not relieve former submissions with the Secretary by your firm/entity is willing to participate
employees of the obligation to seek facsimile or electronic means, except to in these reviews by providing
approval to appear from the the extent permitted by section 201.8 of information requested by the
Commission under its rule 201.15. For the Commission’s rules, as amended, 67 Commission.
ethics advice, contact Carol McCue FR 68036 (November 8, 2002). Also, in (4) A statement of the likely effects of
Verrati, Deputy Agency Ethics Official, accordance with sections 201.16(c) and the revocation of the countervailing
at 202–205–3088. 207.3 of the Commission’s rules, each duty and antidumping duty orders on
Limited disclosure of business document filed by a party to the reviews the Domestic Industry in general and/or
proprietary information (BPI) under an must be served on all other parties to your firm/entity specifically. In your
administrative protective order (APO) the reviews (as identified by either the response, please discuss the various
and APO service list.—Pursuant to public or APO service list as factors specified in section 752(a) of the
section 207.7(a) of the Commission’s appropriate), and a certificate of service Act (19 U.S.C. 1675a(a)) including the
rules, the Secretary will make BPI must accompany the document (if you likely volume of subject imports, likely
submitted in these reviews available to are not a party to the reviews you do not price effects of subject imports, and
authorized applicants under the APO need to serve your response). likely impact of imports of Subject
issued in the reviews, provided that the Inability to provide requested Merchandise on the Domestic Industry.
application is made no later than 21 information.—Pursuant to section (5) A list of all known and currently
days after publication of this notice in 207.61(c) of the Commission’s rules, any operating U.S. producers of the
the Federal Register. Authorized interested party that cannot furnish the Domestic Like Product. Identify any
applicants must represent interested information requested by this notice in known related parties and the nature of
parties, as defined in 19 U.S.C. the requested form and manner shall the relationship as defined in section
§ 1677(9), who are parties to the notify the Commission at the earliest 771(4)(B) of the Act (19 U.S.C.
reviews. A separate service list will be possible time, provide a full explanation 1677(4)(B)).
maintained by the Secretary for those of why it cannot provide the requested (6) A list of all known and currently
parties authorized to receive BPI under information, and indicate alternative operating U.S. importers of the Subject
the APO. forms in which it can provide Merchandise and producers of the
Certification.—Pursuant to section equivalent information. If an interested Subject Merchandise in each Subject
207.3 of the Commission’s rules, any party does not provide this notification Country that currently export or have
person submitting information to the (or the Commission finds the exported Subject Merchandise to the
Commission in connection with these explanation provided in the notification United States or other countries after
reviews must certify that the inadequate) and fails to provide a 1998.
information is accurate and complete to complete response to the notice, the (7) If you are a U.S. producer of the
the best of the submitter’s knowledge. In Commission may take an adverse Domestic Like Product, provide the
making the certification, the submitter inference against the party pursuant to following information on your firm’s
will be deemed to consent, unless section 776(b) of the Act in making its operations on that product during
otherwise specified, for the determinations in the reviews. calendar year 2004 (report quantity data
Commission, its employees, and Information To Be Provided in in pounds and value data in U.S.
contract personnel to use the Response to This Notice of Institution: If dollars, f.o.b. plant). If you are a union/
information provided in any other you are a domestic producer, union/ worker group or trade/business
reviews or investigations of the same or worker group, or trade/business association, provide the information, on
comparable products which the association; import/export Subject an aggregate basis, for the firms in
Commission conducts under Title VII of Merchandise from more than one which your workers are employed/
the Act, or in internal audits and Subject Country; or produce Subject which are members of your association.
investigations relating to the programs Merchandise in more than one Subject (a) Production (quantity) and, if
and operations of the Commission Country, you may file a single response. known, an estimate of the percentage of
pursuant to 5 U.S.C. Appendix 3. If you do so, please ensure that your total U.S. production of the Domestic
Written submissions.—Pursuant to response to each question includes the Like Product accounted for by your
section 207.61 of the Commission’s information requested for each pertinent firm’s(s’) production;

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16522 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Notices

(b) The quantity and value of U.S. (10) Identify significant changes, if Act of 1930 (19 U.S.C. 1675(c)) (the Act)
commercial shipments of the Domestic any, in the supply and demand to determine whether revocation of the
Like Product produced in your U.S. conditions or business cycle for the antidumping duty orders on polyester
plant(s); and Domestic Like Product that have staple fiber from Korea and Taiwan
(c) The quantity and value of U.S. occurred in the United States or in the would be likely to lead to continuation
internal consumption/company market for the Subject Merchandise in or recurrence of material injury.
transfers of the Domestic Like Product the Subject Countries after 1998, and Pursuant to section 751(c)(2) of the Act,
produced in your U.S. plant(s). significant changes, if any, that are interested parties are requested to
(8) If you are a U.S. importer or a likely to occur within a reasonably respond to this notice by submitting the
trade/business association of U.S. foreseeable time. Supply conditions to information specified below to the
importers of the Subject Merchandise consider include technology; Commission; 1 to be assured of
from the Subject Countries, provide the production methods; development consideration, the deadline for
following information on your firm’s(s’) efforts; ability to increase production responses is May 23, 2005. Comments
operations on that product during (including the shift of production on the adequacy of responses may be
calendar year 2004 (report quantity data facilities used for other products and the filed with the Commission by June 14,
in pounds and value data in U.S. use, cost, or availability of major inputs 2005. For further information
dollars). If you are a trade/business into production); and factors related to concerning the conduct of these reviews
association, provide the information, on the ability to shift supply among and rules of general application, consult
an aggregate basis, for the firms which different national markets (including the Commission’s Rules of Practice and
are members of your association. barriers to importation in foreign Procedure, part 201, subparts A through
(a) The quantity and value (landed, markets or changes in market demand E (19 CFR part 201), and part 207,
duty-paid but not including abroad). Demand conditions to consider subparts A, D, E, and F (19 CFR part
antidumping or countervailing duties) include end uses and applications; the 207).
of U.S. imports and, if known, an existence and availability of substitute DATES: Effective Date: March 31, 2005.
estimate of the percentage of total U.S. products; and the level of competition FOR FURTHER INFORMATION CONTACT:
imports of Subject Merchandise from among the Domestic Like Product Mary Messer (202–205–3193), Office of
each Subject Country accounted for by produced in the United States, Subject Investigations, U.S. International Trade
your firm’s(s’) imports. Merchandise produced in the Subject Commission, 500 E Street SW.,
(b) The quantity and value (f.o.b. U.S. Countries, and such merchandise from Washington, DC 20436. Hearing-
port, including antidumping and/or other countries. impaired persons can obtain
countervailing duties) of U.S. 11 (Optional) A statement of whether information on this matter by contacting
commercial shipments of Subject you agree with the above definitions of the Commission’s TDD terminal on 202–
Merchandise imported from each the Domestic Like Product and 205–1810. Persons with mobility
Subject Country; and Domestic Industry; if you disagree with impairments who will need special
(c) The quantity and value (f.o.b. U.S. either or both of these definitions, assistance in gaining access to the
port, including antidumping and/or please explain why and provide Commission should contact the Office
countervailing duties) of U.S. internal alternative definitions. of the Secretary at 202–205–2000.
consumption/company transfers of Authority: These reviews are being General information concerning the
Subject Merchandise imported from conducted under authority of title VII of the Commission may also be obtained by
each Subject Country. Tariff Act of 1930; this notice is published accessing its Internet server (http://
(9) If you are a producer, an exporter, pursuant to section 207.61 of the www.usitc.gov). The public record for
or a trade/business association of Commission’s rules. these reviews may be viewed on the
producers or exporters of the Subject By order of the Commission. Commission’s electronic docket (EDIS)
Merchandise in the Subject Counties, Issued: March 23, 2005. at http://edis.usitc.gov.
provide the following information on Marilyn R. Abbott, SUPPLEMENTARY INFORMATION:
your firm’s(s’) operations on that Secretary to the Commission. Background.—On May 25, 2000, the
product during calendar year 2004 [FR Doc. 05–6403 Filed 3–30–05; 8:45 am] Department of Commerce issued
(report quantity data in pounds and antidumping duty orders on imports of
BILLING CODE 7020–02–M
value data in U.S. dollars, landed and polyester staple fiber from Korea and
duty-paid at the U.S. port but not Taiwan (65 FR 33807). The Commission
including antidumping or INTERNATIONAL TRADE is conducting reviews to determine
countervailing duties). If you are a COMMISSION whether revocation of the orders would
trade/business association, provide the be likely to lead to continuation or
information, on an aggregate basis, for [Investigations Nos. 731–TA–825 and 826 recurrence of material injury to the
the firms which are members of your (Review)] domestic industry within a reasonably
association. foreseeable time. It will assess the
Polyester Staple Fiber From Korea and
(a) Production (quantity) and, if adequacy of interested party responses
Taiwan
known, an estimate of the percentage of to this notice of institution to determine
total production of Subject Merchandise AGENCY: United States International
in each Subject Country accounted for Trade Commission. 1 No response to this request for information is

by your firm’s(s’) production; and required if a currently valid Office of Management


ACTION: Institution of five-year reviews and Budget (OMB) number is not displayed; the
(b) The quantity and value of your concerning the antidumping duty orders OMB number is 3117–0016/USITC No. 05–5–119,
firm’s(s’) exports to the United States of on polyester staple fiber from Korea and expiration date June 30, 2005. Public reporting
Subject Merchandise and, if known, an Taiwan. burden for the request is estimated to average 10
estimate of the percentage of total hours per response. Please send comments
regarding the accuracy of this burden estimate to
exports to the United States of Subject SUMMARY: The Commission hereby gives
the Office of Investigations, U.S. International Trade
Merchandise from each Subject Country notice that it has instituted reviews Commission, 500 E Street, SW., Washington, DC
accounted for by your firm’s(s’) exports. pursuant to section 751(c) of the Tariff 20436.

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