17490 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / 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. 15–5–330, 

expiration date June 30, 2017. Public reporting 

burden for the request is estimated to average 15 

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. 

2With respect to the orders on polyethylene retail 

carrier bags from China, Malaysia, and Thailand, 

Commerce published notification concerning the 

advancement of the initiation date of these five-year 

reviews from June 1, 2015 to April 1, 2015, upon 

determining that the initiation of the reviews for all 

of the orders concerning polyethylene retail carrier 

bags on the same date would promote 

administrative efficiency. Antidumping or 

Countervailing Duty Order, Finding, or Suspended 

Investigation; Advance Notification of Sunset 

Reviews, 80 FR 11171, March 2, 2015. 

Indian Reservation, Arizona; Fort 

McDowell Yavapai Nation, Arizona; 

Gila River Indian Community of the Gila 

River Indian Reservation, Arizona; Hopi 

Tribe of Arizona; Salt River PimaMaricopa Indian Community of the Salt 

River Reservation, Arizona; Tohono 

O’odham Nation of Arizona; YavapaiPrescott Indian Tribe (previously listed 

as the Yavapai-Prescott Tribe of the 

Yavapai Reservation, Arizona); and 

Zuni Tribe of the Zuni Reservation, New 

Mexico, may proceed. 

The Arizona State Museum is 

responsible for notifying the Ak Chin 

Indian Community of the Maricopa (Ak 

Chin) Indian Reservation, Arizona; Fort 

McDowell Yavapai Nation, Arizona; 

Gila River Indian Community of the Gila 

River Indian Reservation, Arizona; Hopi 

Tribe of Arizona; Salt River PimaMaricopa Indian Community of the Salt 

River Reservation, Arizona; Tohono 

O’odham Nation of Arizona; YavapaiPrescott Indian Tribe (previously listed 

as the Yavapai-Prescott Tribe of the 

Yavapai Reservation, Arizona); and 

Zuni Tribe of the Zuni Reservation, New 

Mexico, that this notice has been 

published. 

Dated: February 17, 2015. 

Melanie O’Brien, 

Acting Manager, National NAGPRA Program. 

[FR Doc. 2015–07398 Filed 3–31–15; 8:45 am] 

BILLING CODE 4312–50–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–462 and 731– 

TA–1156–1158 (First Review) and 731–TA– 

1043–1045 (Second Review)] 

Polyethylene Retail Carrier Bags From 

China, Indonesia, Malaysia, Taiwan, 

Thailand, and Vietnam; Institution of 

Five-Year Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

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 

polyethylene retail carrier bags from 

Vietnam and the antidumping duty 

orders on polyethylene retail carrier 

bags from China, Indonesia, Malaysia, 

Taiwan, Thailand, and Vietnam 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 May 1, 2015. 

Comments on the adequacy of responses 

may be filed with the Commission by 

June 15, 2015. For further information 

concerning the conduct of this 

proceeding 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: April 1, 2015. 

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 proceeding may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background—On May 4, 2010, the 

Department of Commerce issued a 

countervailing duty order on imports of 

polyethylene retail carrier bags from 

Vietnam (75 FR 23670) and 

antidumping duty orders on imports of 

polyethylene retail carrier bags from 

Indonesia, Taiwan, and Vietnam (75 FR 

23667). On August 9, 2004, the 

Department of Commerce issued 

antidumping duty orders on imports of 

polyethylene retail carrier bags from 

China, Malaysia, and Thailand (69 FR 

48201, 48203, and 48204). Following 

first five-year reviews by Commerce and 

the Commission, effective July 7, 2010, 

Commerce issued a continuation of the 

antidumping duty orders on imports of 

polyethylene retail carrier bags from 

China, Malaysia, and Thailand (75 FR 

38978). The Commission is now 

conducting first five-year reviews of the 

orders concerning Indonesia, Taiwan, 

and Vietnam and second five-year 

reviews of the orders concerning China, 

Malaysia, and Thailand 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. 2 It will assess the 

adequacy of interested party responses 

to this notice of institution to determine 

whether to conduct full 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 

defined by the Department of 

Commerce. 

(2) The Subject Countries in these 

reviews are China, Indonesia, Malaysia, 

Taiwan, Thailand, and Vietnam. 

(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 Indonesia, 

Taiwan, and Vietnam, and in its original 

determinations and its full first five-year 

review determinations concerning 

China, Malaysia, and Thailand, the 

Commission found one Domestic Like 

Product consisting of the continuum of 

polyethylene retail carrier bags, 

consistent with Commerce’s scope. 

(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 

concerning Indonesia, Taiwan, and 

Vietnam, and in its original 

determinations and its full first five-year 

review determinations concerning 

China, Malaysia, and Thailand, the 

Commission found a single Domestic 

Industry consisting of all U.S. producers 

of polyethylene retail carrier bags. 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17491 

(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 proceeding 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 proceeding 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 proceeding. 

Former Commission employees who 

are seeking to appear in Commission 

five-year reviews are advised that they 

may appear in a review even if they 

participated personally and 

substantially in the corresponding 

underlying original investigation or an 

earlier review of the same underlying 

investigation. The Commission’s 

designated agency ethics official has 

advised that a five-year review is not the 

same particular matter as the underlying 

original investigation, and a five-year 

review is not the same particular matter 

as an earlier review of the same 

underlying investigation for purposes of 

18 U.S.C. 207, the post employment 

statute for Federal employees, and 

Commission rule 201.15(b) (19 CFR 

201.15(b)), 79 FR 3246 (Jan. 17, 2014), 

73 FR 24609 (May 5, 2008). 

Consequently, former employees are not 

required to seek Commission approval 

to appear in a review under Commission 

rule 19 CFR 201.15, even if the 

corresponding underlying original 

investigation or an earlier review of the 

same underlying investigation was 

pending when they were Commission 

employees. For further ethics advice on 

this matter, 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 this proceeding available 

to authorized applicants under the APO 

issued in the proceeding, 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 proceeding. 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 

proceeding 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 May 1, 2015. 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 

June 15, 2015. 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. Please be aware 

that the Commission’s rules with 

respect to filing have changed. The most 

recent amendments took effect on July 

25, 2014. See 79 FR 35920 (June 25, 

2014), and the revised Commission 

Handbook on E-filing, available from the 

Commission’s Web site at http://

edis.usitc.gov. Also, in accordance with 

sections 201.16(c) and 207.3 of the 

Commission’s rules, each document 

filed by a party to the proceeding must 

be served on all other parties to the 

proceeding (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 proceeding 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 (19 U.S.C. 

1677e(b)) in making its determinations 

in the reviews. 

Information to be Provided In 

Response to This Notice Of Institution— 

If you are a domestic producer, union/ 

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) 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 proceeding by providing 

information requested by the 

Commission. 

(4) A statement of the likely effects of 

the revocation of the antidumping and 

countervailing 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. 

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17492 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 

(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 each Subject 

Country that currently export or have 

exported Subject Merchandise to the 

United States or other countries after 

2008. 

(7) A list of 3–5 leading purchasers in 

the U.S. market for the Domestic Like 

Product and the Subject Merchandise 

(including street address, World Wide 

Web address, and the name, telephone 

number, fax number, and Email address 

of a responsible official at each firm). 

(8) A list of known sources of 

information on national or regional 

prices for the Domestic Like Product or 

the Subject Merchandise in the U.S. or 

other markets. 

(9) 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 2014, except as noted 

(report quantity data in number of bags 

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) Capacity (quantity) of your firm to 

produce the Domestic Like Product (i.e., 

the level of production that your 

establishment(s) could reasonably have 

expected to attain during the year, 

assuming normal operating conditions 

(using equipment and machinery in 

place and ready to operate), normal 

operating levels (hours per week/weeks 

per year), time for downtime, 

maintenance, repair, and cleanup, and a 

typical or representative product mix); 

(c) the quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); 

(d) the quantity and value of U.S. 

internal consumption/company 

transfers of the Domestic Like Product 

produced in your U.S. plant(s); and 

(e) the value of (i) net sales, (ii) cost 

of goods sold (COGS), (iii) gross profit, 

(iv) selling, general and administrative 

(SG&A) expenses, and (v) operating 

income of the Domestic Like Product 

produced in your U.S. plant(s) (include 

both U.S. and export commercial sales, 

internal consumption, and company 

transfers) for your most recently 

completed fiscal year (identify the date 

on which your fiscal year ends). 

(10) 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 2014 (report quantity data 

in number of bags 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 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 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. 

(11) 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 firm’s(s’) operations on that 

product during calendar year 2014 

(report quantity data in number of bags 

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 firm’s(s’) production; 

(b) Capacity (quantity) of your firm(s) 

to produce the Subject Merchandise in 

each Subject Country (i.e., the level of 

production that your establishment(s) 

could reasonably have expected to 

attain during the year, assuming normal 

operating conditions (using equipment 

and machinery in place and ready to 

operate), normal operating levels (hours 

per week/weeks per year), time for 

downtime, maintenance, repair, and 

cleanup, and a typical or representative 

product mix); and 

(c) 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 each Subject Country 

accounted for by your firm’s(s’) exports. 

(12) 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 2008, 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. 

(13) (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 proceeding 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: March 23, 2015. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2015–06936 Filed 3–31–15; 8:45 am] 

BILLING CODE 7020–02–P 

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