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 

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

58954 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Notices 

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 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 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