33210 Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–461 (Fifth 

Review)] 

Gray Portland Cement and Cement 

Clinker From Japan; Institution of a 

Five-Year Review 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice that it has instituted a review 

pursuant to the Tariff Act of 1930 (‘‘the 

Act’’), as amended, to determine 

whether revocation of the antidumping 

duty order on gray portland cement and 

cement clinker from Japan would be 

likely to lead to continuation or 

recurrence of material injury. Pursuant 

to the Act, interested parties are 

requested to respond to this notice by 

submitting the information specified 

below to the Commission. 

DATES: Instituted June 1, 2022. To be 

assured of consideration, the deadline 

for responses is July 1, 2022. Comments 

on the adequacy of responses may be 

filed with the Commission by August 

15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Nitin Joshi (202–708–1669), 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 (https://

www.usitc.gov). The public record for 

this proceeding may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On May 10, 1991, the 

Department of Commerce (‘‘Commerce’’) 

issued an antidumping duty order on 

imports of gray portland cement and 

cement clinker from Japan (56 FR 

21658). Commerce issued a 

continuation of the antidumping duty 

order on gray portland cement and 

cement clinker from Japan following 

Commerce’s and the Commission’s first 

five-year reviews, effective November 

15, 2000 (65 FR 68979), second five-year 

reviews, effective June 16, 2006 (71 FR 

34892), third five-year reviews, effective 

December 16, 2011 (76 FR 78240), and 

fourth five-year reviews, effective July 

17, 2017 (82 FR 32682). The 

Commission is now conducting a fifth 

review pursuant to section 751(c) of the 

Act, as amended (19 U.S.C. 1675(c)), 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. 

Provisions concerning the conduct of 

this proceeding may be found in the 

Commission’s Rules of Practice and 

Procedure at 19 CFR part 201, subparts 

A and B, and 19 CFR part 207, subparts 

A and F. The Commission 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 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, its full first five-year 

review determination, and its expedited 

second, third, and fourth five-year 

review determinations, the Commission 

defined a single Domestic Like Product 

consisting of gray portland cement and 

cement clinker coextensive 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 determination, 

the Commission defined the Domestic 

Industry as producers of gray portland 

cement and cement clinker, including 

‘‘grinding only’’ operations. The 

Commission also concluded in its 

original determination, its full first fiveyear review determination, and its 

expedited second, third, and fourth fiveyear review determinations that 

appropriate circumstances existed for a 

regional industry analysis. In the 

original investigation, the Commission 

considered whether the Southern 

California region, as proposed by the 

petitioners, or a larger region, the State 

of California, was the appropriate 

region. In its original determination, the 

Commission determined that both 

regions satisfied the market isolation 

criteria but found the more appropriate 

region for its analysis was Southern 

California; one Commissioner found the 

regional industry to consist of producers 

in the State of California. In its full first 

five-year review determination, the 

Commission found that there had been 

integration of the Northern and 

Southern regions of California and 

defined the appropriate region as the 

State of California. The Commission 

also determined that the record in its 

expedited second, third, and fourth fiveyear reviews supported a finding of a 

regional industry corresponding to the 

region of the State of California. For 

purposes of this notice, you should 

report information separately on each of 

the following Domestic Industries: (1) 

Producers of gray portland cement and 

cement clinker, including ‘‘grinding 

only’’ operations, located in the State of 

California and (2) producers of gray 

portland cement and cement clinker, 

including ‘‘grinding only’’ operations, 

located in the United States as a whole. 

Additionally, this notice uses the term 

Domestic Market Area to describe the 

area served by each Domestic Industry. 

Consequently, for purposes of this 

notice there are two Domestic Market 

Areas: (1) The State of California and (2) 

the United States. 

(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 § 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 


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Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Notices 33211 

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 Charles Smith, 

Office of the General Counsel, at 202– 

205–3408. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and APO service list.—Pursuant to 

§ 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 § 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 acknowledge that information 

submitted in response to this request for 

information and throughout this 

proceeding or other proceeding may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. appendix 3; or (ii) by U.S. 

government employees and contract 

personnel, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. 

Written submissions.—Pursuant to 

§ 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 July 1, 2022. Pursuant to 

§ 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 August 15, 2022. All written 

submissions must conform with the 

provisions of § 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of §§ 201.6, 207.3, and 

207.7 of the Commission’s rules. The 

Commission’s Handbook on Filing 

Procedures, available on the 

Commission’s website at https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. Also, in accordance 

with §§ 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). 

Please note the Secretary’s Office will 

accept only electronic filings at this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. 

No 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. 

22–5–530, expiration date June 30, 

2023. 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. 

Inability to provide requested 

information.—Pursuant to § 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 

§ 776(b) of the Act (19 U.S.C. 1677e(b)) 

in making its determination in the 

review. 

Information to be Provided in 

Response to This Notice of Institution: 

Please provide the requested 

information separately for each 

Domestic Industry, as previously 

defined in this notice, and, as 

applicable, its corresponding Domestic 

Market Area. 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 an interested party 

under 19 U.S.C. 1677(9) and if so, how, 

including 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 (a majority of whose 

members are interested parties under 

the statute), 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 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 


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the relationship as defined in 

§ 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 

2015. 

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

each Domestic Market Area 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 in each 

Domestic Market Area during calendar 

year 2021, except as noted (report 

quantity data in short tons 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 (that 

is, 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 the Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2021 (report quantity data 

in short tons 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 duties) of U.S. imports 

into each Domestic Market Area and, if 

known, an estimate of the percentage of 

total U.S. imports into each Domestic 

Market Area 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 duties) of 

U.S. commercial shipments into each 

Domestic Market Area of Subject 

Merchandise imported from the Subject 

Country; and 

(c) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers into each Domestic Market 

Area of Subject Merchandise imported 

from the Subject Country. 

(11) 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 2021 

(report quantity data in short tons and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping 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; 

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

to produce the Subject Merchandise in 

the Subject Country (that is, 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 the 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 each Domestic Market Area 

or in the market for the Subject 

Merchandise in the Subject Country 

after 2015, 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. 

(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 § 207.61 of the 

Commission’s rules. 

By order of the Commission. 

Issued: May 25, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–11627 Filed 5–31–22; 8:45 am] 

BILLING CODE 7020–02–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Collection; 

Appraisals 

AGENCY: National Credit Union 

Administration (NCUA). 


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