Saccharin from China - USITC

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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Notices31505jlentini on PROD1PC65 with NOTICESsubparts A, D, E, and F (19 CFR part207).EFFECTIVE DATE: June 2, 2008.FOR FURTHER INFORMATION CONTACT:Mary Messer (202–205–3193), Office ofInvestigations, U.S. International TradeCommission, 500 E Street, SW.,Washington, DC 20436. Hearingimpairedpersons can obtaininformation on this matter by contactingthe Commission’s TDD terminal on 202–205–1810. Persons with mobilityimpairments who will need specialassistance in gaining access to theCommission should contact the Officeof the Secretary at 202–205–2000.General information concerning theCommission may also be obtained byaccessing its Internet server (http://www.usitc.gov). The public record forthis review may be viewed on theCommission’s electronic docket (EDIS)at http://edis.usitc.gov.SUPPLEMENTARY INFORMATION:Background—On July 9, 2003, theDepartment of Commerce issued anantidumping duty order on imports ofsaccharin from China (68 FR 40906).The Commission is conducting a reviewto determine whether revocation of theorder would be likely to lead tocontinuation or recurrence of materialinjury to the domestic industry withina reasonably foreseeable time. It willassess the adequacy of interested partyresponses to this notice of institution todetermine whether to conduct a fullreview or an expedited review. TheCommission’s determination in anyexpedited review will be based on thefacts available, which may includeinformation provided in response to thisnotice.Definitions—The followingdefinitions apply to this review:(1) Subject Merchandise is the class orkind of merchandise that is within thescope of the five-year review, as definedby the Department of Commerce.(2) The Subject Country in this reviewis China.(3) The Domestic Like Product is thedomestically produced product orproducts which are like, or in theabsence of like, most similar incharacteristics and uses with, theSubject Merchandise. In its originaldetermination, the Commission definedone Domestic Like Product consisting ofall forms of saccharin.(4) The Domestic Industry is the U.S.producers as a whole of the DomesticLike Product, or those producers whosecollective output of the Domestic LikeProduct constitutes a major proportionof the total domestic production of theproduct. In its original determination,the Commission defined the DomesticIndustry as all domestic producers ofsaccharin.(5) The Order Date is the date that theantidumping duty order under reviewbecame effective. In this review, theOrder Date is July 9, 2003.(6) An Importer is any person or firmengaged, either directly or through aparent company or subsidiary, inimporting the Subject Merchandise intothe United States from a foreignmanufacturer or through its sellingagent.Participation in the review and publicservice list—Persons, includingindustrial users of the SubjectMerchandise and, if the merchandise issold at the retail level, representativeconsumer organizations, wishing toparticipate in the review as parties mustfile an entry of appearance with theSecretary to the Commission, asprovided in section 201.11(b)(4) of theCommission’s rules, no later than 21days after publication of this notice inthe Federal Register. The Secretary willmaintain a public service list containingthe names and addresses of all persons,or their representatives, who are partiesto the review.Former Commission employees whoare seeking to appear in Commissionfive-year reviews are advised that theymay appear in a review even if theyparticipated personally andsubstantially in the correspondingunderlying original investigation. TheCommission’s designated agency ethicsofficial recently has advised that a fiveyearreview is no longer considered the‘‘same particular matter’’ as thecorresponding underlying originalinvestigation for purposes of 18 U.S.C.207, the post employment statute forFederal employees, and Commissionrule 201.15(b) (19 CFR 201.15(b)), 73 FR24609 (May 5, 2008). This advice wasdeveloped in consultation with theOffice of Government Ethics.Consequently, former employees are nolonger required to seek Commissionapproval to appear in a review underCommission rule 19 CFR 201.15, even ifthe corresponding underlying originalinvestigation was pending when theywere Commission employees. Forfurther ethics advice on this matter,contact Carol McCue Verratti, DeputyAgency Ethics Official, at 202–205–3088.Limited disclosure of businessproprietary information (BPI) under anadministrative protective order (APO)and APO service list—Pursuant tosection 207.7(a) of the Commission’srules, the Secretary will make BPIsubmitted in this review available toauthorized applicants under the APOissued in the review, provided that theVerDate Aug2005 19:06 May 30, 2008 Jkt 214001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1application is made no later than 21days after publication of this notice inthe Federal Register. Authorizedapplicants must represent interestedparties, as defined in 19 U.S.C. 1677(9),who are parties to the review. Aseparate service list will be maintainedby the Secretary for those partiesauthorized to receive BPI under theAPO.Certification—Pursuant to section207.3 of the Commission’s rules, anyperson submitting information to theCommission in connection with thisreview must certify that the informationis accurate and complete to the best ofthe submitter’s knowledge. In makingthe certification, the submitter will bedeemed to consent, unless otherwisespecified, for the Commission, itsemployees, and contract personnel touse the information provided in anyother reviews or investigations of thesame or comparable products which theCommission conducts under Title VII ofthe Act, or in internal audits andinvestigations relating to the programsand operations of the Commissionpursuant to 5 U.S.C. Appendix 3.Written submissions—Pursuant tosection 207.61 of the Commission’srules, each interested party response tothis notice must provide the informationspecified below. The deadline for filingsuch responses is July 22, 2008.Pursuant to section 207.62(b) of theCommission’s rules, eligible parties (asspecified in Commission rule207.62(b)(1)) may also file commentsconcerning the adequacy of responses tothe notice of institution and whether theCommission should conduct anexpedited or full review. The deadlinefor filing such comments is August 15,2008. All written submissions mustconform with the provisions of sections201.8 and 207.3 of the Commission’srules and any submissions that containBPI must also conform with therequirements of sections 201.6 and207.7 of the Commission’s rules. TheCommission’s rules do not authorizefiling of submissions with the Secretaryby facsimile or electronic means, exceptto the extent permitted by section 201.8of 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 thereview must be served on all otherparties to the review (as identified byeither the public or APO service list asappropriate), and a certificate of servicemust accompany the document (if youare not a party to the review you do notneed to serve your response).Inability to provide requestedinformation—Pursuant to section
31506 Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Noticesjlentini on PROD1PC65 with NOTICES207.61(c) of the Commission’s rules, anyinterested party that cannot furnish theinformation requested by this notice inthe requested form and manner shallnotify the Commission at the earliestpossible time, provide a full explanationof why it cannot provide the requestedinformation, and indicate alternativeforms in which it can provideequivalent information. If an interestedparty does not provide this notification(or the Commission finds theexplanation provided in the notificationinadequate) and fails to provide acomplete response to this notice, theCommission may take an adverseinference against the party pursuant tosection 776(b) of the Act in making itsdetermination in the review.Information to be Provided InResponse to this Notice of Institution:As used below, the term ‘‘firm’’ includesany related firms.(1) The name and address of your firmor entity (including World Wide Webaddress if available) and name,telephone number, fax number, and E-mail address of the certifying official.(2) A statement indicating whetheryour firm/entity is a U.S. producer ofthe Domestic Like Product, a U.S. unionor worker group, a U.S. importer of theSubject Merchandise, a foreign produceror exporter of the Subject Merchandise,a U.S. or foreign trade or businessassociation, or another interested party(including an explanation). If you are aunion/worker group or trade/businessassociation, identify the firms in whichyour workers are employed or which aremembers of your association.(3) A statement indicating whetheryour firm/entity is willing to participatein this review by providing informationrequested by the Commission.(4) A statement of the likely effects ofthe revocation of the antidumping dutyorder on the Domestic Industry ingeneral and/or your firm/entityspecifically. In your response, pleasediscuss the various factors specified insection 752(a) of the Act (19 U.S.C.1675a(a)) including the likely volume ofsubject imports, likely price effects ofsubject imports, and likely impact ofimports of Subject Merchandise on theDomestic Industry.(5) A list of all known and currentlyoperating U.S. producers of theDomestic Like Product. Identify anyknown related parties and the nature ofthe relationship as defined in section771(4)(B) of the Act (19 U.S.C.1677(4)(B)).(6) A list of all known and currentlyoperating U.S. importers of the SubjectMerchandise and producers of theSubject Merchandise in the SubjectCountry that currently export or haveexported Subject Merchandise to theUnited States or other countries sincethe Order Date.(7) If you are a U.S. producer of theDomestic Like Product, provide thefollowing information on your firm’soperations on that product duringcalendar year 2007 (report quantity datain pounds and value data in U.S.dollars, f.o.b. plant). If you are a union/worker group or trade/businessassociation, provide the information, onan aggregate basis, for the firms inwhich your workers are employed/which are members of your association.(a) Production (quantity) and, ifknown, an estimate of the percentage oftotal U.S. production of the DomesticLike Product accounted for by yourfirm’s(s’) production;(b) the quantity and value of U.S.commercial shipments of the DomesticLike Product produced in your U.S.plant(s); and(c) the quantity and value of U.S.internal consumption/companytransfers of the Domestic Like Productproduced in your U.S. plant(s).(8) If you are a U.S. importer or atrade/business association of U.S.importers of the Subject Merchandisefrom the Subject Country, provide thefollowing information on your firm’s(s’)operations on that product duringcalendar year 2007 (report quantity datain pounds and value data in U.S.dollars). If you are a trade/businessassociation, provide the information, onan aggregate basis, for the firms whichare members of your association.(a) The quantity and value (landed,duty-paid but not includingantidumping duties) of U.S. importsand, if known, an estimate of thepercentage of total U.S. imports ofSubject Merchandise from the SubjectCountry accounted for by your firm’s(s’)imports;(b) the quantity and value (f.o.b. U.S.port, including antidumping duties) ofU.S. commercial shipments of SubjectMerchandise imported from the SubjectCountry; and(c) the quantity and value (f.o.b. U.S.port, including antidumping duties) ofU.S. internal consumption/companytransfers of Subject Merchandiseimported from the Subject Country.(9) If you are a producer, an exporter,or a trade/business association ofproducers or exporters of the SubjectMerchandise in the Subject Country,provide the following information onyour firm’s(s’) operations on thatproduct during calendar year 2007(report quantity data in pounds andvalue data in U.S. dollars, landed andduty-paid at the U.S. port but notincluding antidumping duties). If youare a trade/business association, providethe information, on an aggregate basis,for the firms which are members of yourassociation.(a) Production (quantity) and, ifknown, an estimate of the percentage oftotal production of Subject Merchandisein the Subject Country accounted for byyour firm’s(s’) production; and(b) the quantity and value of yourfirm’s(s’) exports to the United States ofSubject Merchandise and, if known, anestimate of the percentage of totalexports to the United States of SubjectMerchandise from the Subject Countryaccounted for by your firm’s(s’) exports.(10) Identify significant changes, ifany, in the supply and demandconditions or business cycle for theDomestic Like Product that haveoccurred in the United States or in themarket for the Subject Merchandise inthe Subject Country since the OrderDate, and significant changes, if any,that are likely to occur within areasonably foreseeable time. Supplyconditions to consider includetechnology; production methods;development efforts; ability to increaseproduction (including the shift ofproduction facilities used for otherproducts and the use, cost, oravailability of major inputs intoproduction); and factors related to theability to shift supply among differentnational markets (including barriers toimportation in foreign markets orchanges in market demand abroad).Demand conditions to consider includeend uses and applications; the existenceand availability of substitute products;and the level of competition among theDomestic Like Product produced in theUnited States, Subject Merchandiseproduced in the Subject Country, andsuch merchandise from other countries.(11) (OPTIONAL) A statement ofwhether you agree with the abovedefinitions of the Domestic Like Productand Domestic Industry; if you disagreewith either or both of these definitions,please explain why and providealternative definitions.Authority: This review is being conductedunder authority of title VII of the Tariff Actof 1930; this notice is published pursuant tosection 207.61 of the Commission’s rules.By order of the Commission.Issued: May 19, 2008.Marilyn R. Abbott,Secretary to the Commission.[FR Doc. E8–11527 Filed 5–30–08; 8:45 am]BILLING CODE 7020–02–PVerDate Aug2005 19:06 May 30, 2008 Jkt 214001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1
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Saccharin from ChinaInvestigation N
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U.S. International Trade Commission
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CONTENTSPagePart III: Condition of
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VIEWS OF THE COMMISSIONBased on the
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mouthwash. 14 By weight, it is abou
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statement challenging PMC’s statu
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Quantity and Type of Parts Sourced
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IV.LIKELIHOOD OF CONTINUATION OR RE
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B. Conditions of Competition and th
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. Supply in the U.S. MarketAs in th
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In the original determination, the
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significant volumes of saccharin to
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the domestic like product. 160 All
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period, increasing from *** percent
Page 32 and 33: injured or likely to be injured by
Page 34 and 35: Table I-1--ContinuedSaccharin: Summ
Page 36 and 37: Table I-2Saccharin: Administrative
Page 38 and 39: U.S. Tariff TreatmentImports of thi
Page 40 and 41: and monkeys, evidence strongly supp
Page 42 and 43: Channels of DistributionDuring the
Page 44 and 45: Table I-8Saccharin: U.S. shipments
Page 46 and 47: PMC sells saccharin ***, while mark
Page 48 and 49: The combined quantity of purchases
Page 50 and 51: Table II-5Saccharin: Interchangeabi
Page 52 and 53: adjusting supply in response to pri
Page 54 and 55: Changes in Character of Operations
Page 56 and 57: PMC further described its reenginee
Page 58 and 59: 2008, both of these forms of saccha
Page 61 and 62: PART IV: U.S. IMPORTS, THE INDUSTRY
Page 63 and 64: Table IV-2Saccharin: U.S. importers
Page 65 and 66: The capacity, production, exports,
Page 67 and 68: In order to protect the sugar indus
Page 69 and 70: Table IV-7Saccharin: Global exports
Page 71 and 72: Trade BalancesTable IV-9 contains G
Page 73: Information concerning exports of s
Page 76 and 77: Figure V-1Exchange rates: Index of
Page 78 and 79: Table V-3Saccharin: Weighted-averag
Page 81: 31504 Federal Register / Vol. 73, N
Page 85 and 86: 59604 Federal Register / Vol. 73, N
Page 87 and 88: wilkins on PROD1PC63 with NOTICES72
Page 89: APPENDIX BCALENDAR OF PUBLIC HEARIN
Page 92 and 93: In Opposition to Continuation of th
Page 95: Table C-1Saccharin: Summary data co
Page 99 and 100: U.S. PRODUCERS COMMENTSThe Commissi
Page 101 and 102: ***“***.”***“No.”***“No.
Page 103 and 104: DOC/ITC regulations. Their own prod
Page 105 and 106: ***“*** could lower inventories b
Page 107 and 108: ***“*** cannot comment on this, n
Page 109: The Commission requested foreign pr
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