Refined Brown Aluminum Oxide From China; Institution of a Five-Year Review

• Published date: 03 February 2025
• FR Document: 2025-02002
• Citation: 90 FR 8812
• Pages: 8812-8815
• Section: Notices
• Issuer: International Trade Commission

Federal Register, Volume 90 Issue 21 (Monday, February 3, 2025)

[Federal Register Volume 90, Number 21 (Monday, February 3, 2025)]
                [Notices]
                [Pages 8812-8815]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2025-02002]
                -----------------------------------------------------------------------
                INTERNATIONAL TRADE COMMISSION
                [Investigation No. 731-TA-1022 (Fourth Review)]
                Refined Brown Aluminum Oxide From China; Institution of a Five-
                Year Review
                AGENCY: United States 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 refined
                brown aluminum oxide from China 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 February 3, 2025. To be assured of consideration, the
                deadline for responses is March 5, 2025. Comments on the adequacy of
                responses may be filed with the Commission by April 17, 2025.
                FOR FURTHER INFORMATION CONTACT: Kenneth Gatten (202-708-1447), Office
                of Investigations, U.S. International Trade Commission, 500 E Street
                SW, Washington, DC 20436. Hearing-impaired 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 November 19, 2003, the Department of Commerce
                (``Commerce'') issued an antidumping duty order on imports of refined
                brown aluminum oxide from China (68 FR 65249). Commerce issued a
                continuation of the antidumping duty order on imports of refined brown
                aluminum oxide from China following Commerce's and the Commission's
                first five-year reviews, effective March 13, 2009 (74 FR 10884), second
                five-year reviews, effective October 14, 2014 (79 FR 61606), and third
                five-year reviews, effective March 6, 2020 (85 FR 13138). The
                Commission is now conducting a fourth 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 or 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 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
                determination and its expedited first, second, and third five-year
                review determinations, the Commission defined the Domestic Like Product
                as all merchandise corresponding to Commerce's scope, as well as any
                brown aluminum oxide where particles with a diameter greater than \3/8\
                inch constitute at least 50 percent of the total weight of the entire
                batch, as long as the product has been crushed, screened, and sorted
                into consistent sizes.
                 (4) The Domestic Industry is the U.S. producers as a whole of the
                Domestic
                [[Page 8813]]
                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 all U.S. producers of
                refined brown aluminum oxide, with the exception of Great Lakes
                Minerals, which was excluded from the domestic industry as a related
                party. In its expedited first, second, and third five-year review
                determinations, the Commission defined the Domestic Industry as
                consisting of all domestic producers of the Domestic Like Product.
                 (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 Sec. 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 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 Sec. 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 Sec. 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 Sec. 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
                5:15 p.m. on March 5, 2025. Pursuant to Sec. 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 5:15 p.m. on April 17, 2025. All written submissions
                must conform with the provisions of Sec. 201.8 of the Commission's
                rules; any submissions that contain BPI must also conform with the
                requirements of Sec. Sec. 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 Sec. Sec.
                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 paper-based 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. 24-5-628, expiration
                date June 30, 2026. 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 Sec.
                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 Sec. 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: As used below, the term ``firm'' includes any related
                firms.
                [[Page 8814]]
                 Those responding to this notice of institution are encouraged, but
                not required, to visit the USITC's website at https://usitc.gov/reports/response_noi_worksheet, where one can download and complete the
                ``NOI worksheet'' Excel form for the subject proceeding, to be included
                as attachment/exhibit 1 of your overall response.
                 (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 the relationship as defined in Sec. 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 2018.
                 (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 2024, 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 2024 (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 and, if known, an estimate of the
                percentage of total U.S. imports of Subject Merchandise from the
                Subject Country accounted for by your firm's(s') imports;
                 (b) the quantity and value (f.o.b. U.S. port, including antidumping
                duties) of U.S. commercial shipments of Subject Merchandise imported
                from the Subject Country; and
                 (c) the quantity and value (f.o.b. U.S. port, including antidumping
                duties) of U.S. internal consumption/company transfers 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 2024 (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 the United States or in the market for the Subject
                Merchandise in the Subject Country after 2018, and significant changes,
                if any, that are likely to occur within a reasonably foreseeable time.
                Supply conditions to consider include technology;
                [[Page 8815]]
                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 Sec. 207.61 of the Commission's rules.
                 By order of the Commission.
                 Issued: January 27, 2025.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2025-02002 Filed 1-31-25; 8:45 am]
                BILLING CODE 7020-02-P