58950 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Notices 

1No 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. 04–5–098, 

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.

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42).

Issued: September 27, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–22033 Filed 9–30–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–432 (Second 

Review)] 

Drafting Machines From Japan

AGENCY: United States International 

Trade Commission.

ACTION: Institution of a five-year review 

concerning the antidumping duty order 

on drafting machines from Japan. 

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. 1675(c)) (the Act) 

to determine whether revocation of the 

antidumping duty order on drafting 

machines from 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; 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 

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).

DATES: 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. Hearingimpaired 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 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 

Background 

On December 29, 1989, the 

Department of Commerce issued an 

antidumping duty order on imports of 

drafting machines from Japan (54 FR 

53671). Following five-year reviews by 

Commerce and the Commission, 

effective November 24, 1999, Commerce 

issued a continuation of the 

antidumping duty order on imports of 

drafting machines from Japan (64 FR 

66166). The Commission is now 

conducting a second 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. It will 

assess the adequacy of interested party 

responses to this notice of institution to 

determine whether to conduct a full 

review or an expedited review. The 

Commission’s determination in any 

expedited review will be based on the 

facts available, which may include 

information provided in response to this 

notice. 

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 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 

determination and its expedited fiveyear review determination, the 

Commission found one Domestic Like 

Product, drafting machines, and drafting 

machine parts, excluding portable 

drafting machines.

(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 

and its expedited five-year review 

determination, the Commission defined 

the Domestic Industry as all producers 

of drafting machines, and drafting 

machine parts, excluding portable 

drafting machines. 

(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 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. 

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 

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Notices 58951

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. 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 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 an 

expedited or full review. 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 

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 

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 

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 email 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. 

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 

Country 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 units 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 the Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2003 (report quantity data 

in units 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 

the Subject Country accounted for by 

your firm’s(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 the 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 

58952 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Notices 

1No 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.

Subject Merchandise imported from the 

Subject Country.

(9) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in the Subject Country,

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2003 

(report quantity data in units and value 

data in U.S. dollars, landed and dutypaid 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 the Subject Country 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 the Subject Country

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 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 the 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: 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.

By order of the Commission.

Issued: September 23, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–22133 Filed 9–30–04; 8:45 am] 

BILLING CODE 7020–02–P

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. 

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).

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. Hearingimpaired 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