5478 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / 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. 05–5–112, 

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.

INTERNATIONAL TRADE 

COMMISSION 

[Investigations Nos. 731–TA–376, 563, and 

564 (Second Review)] 

Stainless Steel Butt-Weld Pipe Fittings 

From Japan, Korea, and Taiwan

AGENCY: United States International 

Trade Commission.

ACTION: Institution of five-year reviews 

concerning the antidumping duty orders 

on stainless steel butt-weld pipe fittings 

from Japan, Korea, and Taiwan. 

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 

antidumping duty orders on stainless 

steel butt-weld pipe fittings from Japan, 

Korea, and Taiwan 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 March 23, 2005. 

Comments on the adequacy of responses 

may be filed with the Commission by 

April 18, 2005. 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: February 2, 2005.

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—On March 25, 1988, the 

Department of Commerce issued an 

antidumping duty order on imports of 

stainless steel butt-weld pipe fittings 

from Japan (53 FR 9787). On February 

23, 1993, the Department of Commerce 

issued an antidumping duty order on 

imports of stainless steel butt-weld pipe 

fittings from Korea (58 FR 11029). On 

June 16, 1993, the Department of 

Commerce issued an antidumping duty 

order on imports of stainless steel buttweld pipe fittings from Taiwan, as 

amended (58 FR 33250). Following fiveyear reviews by Commerce and the 

Commission, effective March 6, 2000, 

Commerce issued a continuation of the 

antidumping duty orders on imports of 

stainless steel butt-weld pipe fittings 

from Japan, Korea, and Taiwan (65 FR 

11766). 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 

defined by the Department of 

Commerce. 

(2) The Subject Countries in these 

reviews are Japan, Korea, and Taiwan. 

(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 and 

expedited five-year review 

determinations, the Commission 

defined the Domestic Like Product as 

stainless steel butt-weld pipe fittings, 

co-extensive with Commerce’s scope of 

the subject merchandise. 

(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 and expedited 

five-year review determinations, the 

Commission defined the Domestic 

Industry as all domestic producers of 

stainless steel butt-weld pipe fittings. 

(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 

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 5479

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 March 23, 2005. 

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 April 18, 2005. 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: 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 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 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 each 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 2004 (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 each Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2004 (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 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 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 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 

5480 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 

producers or exporters of the Subject 

Merchandise in the Subject Countries,

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2004 

(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 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; 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 each 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 Countries 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.

Issued: January 21, 2005.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 05–1947 Filed 2–1–05; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 104–TAA–7 (Second 

Review); Investigations Nos. AA1921–198–

200 (Second Review)] 

Sugar From the European Union; 

Sugar From Belgium, France and 

Germany

AGENCY: United States International 

Trade Commission.

ACTION: Scheduling of full five-year 

reviews concerning the countervailing 

duty order on sugar from the European 

Union, and the antidumping duty orders 

on sugar from Belgium, France, and 

Germany. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of full reviews 

pursuant to section 751(c)(5) of the 

Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) 

(the Act) to determine whether 

revocation of the countervailing duty 

order on sugar from the European Union 

and the antidumping duty orders on 

sugar from Belgium, France, and 

Germany would be likely to lead to 

continuation or recurrence of material 

injury within a reasonably foreseeable 

time. 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).

DATES: Effective Date: January 19, 2005.

FOR FURTHER INFORMATION CONTACT: Jai 

Motwane (202–205–3176), 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—On December 6, 2004, 

the Commission determined that 

circumstances existed to warrant 

proceeding with full reviews pursuant 

to section 751(c)(5) of the Act (69 FR 

75568, December 17, 2004). A record of 

the Commissioners’ votes, the 

Commission’s statement on adequacy, 

and any individual Commissioner’s 

statements are available from the Office 

of the Secretary and at the 

Commission’s Web site. 

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 this review as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, by 45 days after 

publication of this notice. A party that 

filed a notice of appearance following 

publication of the Commission’s notice 

of institution of the review need not file 

an additional notice of appearance. 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. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list—Pursuant to section 

207.7(a) of the Commission’s rules, the 

Secretary will make BPI gathered in 

these reviews available to authorized 

applicants under the APO issued in the 

reviews, provided that the application is 

made by 45 days after publication of 

this notice. Authorized applicants must 

represent interested parties, as defined 

by 19 U.S.C. 1677(9), who are parties to 

the reviews. A party granted access to 

BPI following publication of the 

Commission’s notice of institution of 

the reviews need not reapply for such 

access. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Staff report—The prehearing staff 

report in the reviews will be placed in 

the nonpublic record on June 8, 2005, 

and a public version will be issued 

thereafter, pursuant to section 207.64 of 

the Commission’s rules.

Hearing—The Commission will hold 

a hearing in connection with the review 

beginning at 9:30 a.m. on June 28, 2005, 

at the U.S. International Trade 

Commission Building. Requests to 

appear at the hearing should be filed in 

writing with the Secretary to the 

Commission on or before June 21, 2005. 

A nonparty who has testimony that may 

aid the Commission’s deliberations may