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Federal Register / Vol. 70, No.

1 / Monday, January 3, 2005 / Notices 115

Country accounted for by your firm’s(s’) (11) (Optional) A statement of subparts A, D, E, and F (19 CFR part
imports; whether you agree with the above 207).
(b) the quantity and value (f.o.b. U.S. definitions of the Domestic Like Product EFFECTIVE DATES: January 3, 2005.
port, including antidumping duties) of and Domestic Industry; if you disagree FOR FURTHER INFORMATION CONTACT:
U.S. commercial shipments of Subject with either or both of these definitions, Mary Messer (202–205–3193), Office of
Merchandise imported from each please explain why and provide Investigations, U.S. International Trade
Subject Country; and alternative definitions. Commission, 500 E Street SW.,
(c) the quantity and value (f.o.b. U.S.
Authority: These reviews are being Washington, DC 20436. Hearing-
port, including antidumping duties) of conducted under authority of title VII of the impaired persons can obtain
U.S. internal consumption/company Tariff Act of 1930; this notice is published information on this matter by contacting
transfers of Subject Merchandise pursuant to section 207.61 of the the Commission’s TDD terminal on 202–
imported from each Subject Country. Commission’s rules.
(9) If you are a producer, an exporter, 205–1810. Persons with mobility
Issued: December 20, 2004. impairments who will need special
or a trade/business association of
producers or exporters of the Subject By order of the Commission. assistance in gaining access to the
Merchandise in the Subject Marilyn R. Abbott, Commission should contact the Office
Country(ies), provide the following Secretary to the Commission. of the Secretary at 202–205–2000.
information on your firm’s(s’) [FR Doc. 04–28726 Filed 12–30–04; 8:45 am] General information concerning the
operations on that product during BILLING CODE 7020–02–P
Commission may also be obtained by
calendar year 2004 (report quantity data accessing its internet server (http://
in short tons and value data in U.S. www.usitc.gov). The public record for
dollars, landed and duty-paid at the INTERNATIONAL TRADE these reviews may be viewed on the
U.S. port but not including antidumping COMMISSION Commission’s electronic docket (EDIS)
duties). If you are a trade/business at http://edis.usitc.gov.
[Investigations Nos. 701–TA–297 and 731–
association, provide the information, on SUPPLEMENTARY INFORMATION:
TA–422 (Second Review)]
an aggregate basis, for the firms which Background. On September 15, 1989,
are members of your association. Steel Rails From Canada the Department of Commerce issued an
(a) Production (quantity) and, if antidumping duty order on imports of
known, an estimate of the percentage of AGENCY: International Trade steel rails from Canada (54 FR 38263).
total production of Subject Merchandise Commission. On September 22, 1989, the Department
in each Subject Country accounted for ACTION: Institution of five-year reviews of Commerce issued a countervailing
by your firm’s(s’) production; and concerning the countervailing duty and duty order on imports of steel rails from
(b) the quantity and value of your antidumping duty orders on steel rails Canada (54 FR 39032). Following five-
firm’s(s’) exports to the United States of from Canada. year reviews by Commerce and the
Subject Merchandise and, if known, an Commission, effective February 9, 2000,
estimate of the percentage of total SUMMARY: The Commission hereby gives Commerce issued a continuation of the
exports to the United States of Subject notice that it has instituted reviews countervailing duty and antidumping
Merchandise from each Subject Country pursuant to section 751(c) of the Tariff duty orders on imports of steel rails
accounted for by your firm’s(s’) exports. Act of 1930 (19 U.S.C. 1675(c)) (the Act) from Canada (65 FR 6358). The
(10) Identify significant changes, if to determine whether revocation of the Commission is now conducting second
any, in the supply and demand countervailing duty and antidumping reviews to determine whether
conditions or business cycle for the duty orders on steel rails from Canada revocation of the orders would be likely
Domestic Like Product that have would be likely to lead to continuation to lead to continuation or recurrence of
occurred in the United States or in the or recurrence of material injury. material injury to the domestic industry
market for the Subject Merchandise in Pursuant to section 751(c)(2) of the Act, within a reasonably foreseeable time. It
each Subject Country after 1998, and interested parties are requested to will assess the adequacy of interested
significant changes, if any, that are respond to this notice by submitting the party responses to this notice of
likely to occur within a reasonably information specified below to the institution to determine whether to
foreseeable time. Supply conditions to Commission; 1 to be assured of conduct full reviews or expedited
consider include technology; consideration, the deadline for reviews. The Commission’s
production methods; development responses is February 22, 2005. determinations in any expedited
efforts; ability to increase production Comments on the adequacy of responses reviews will be based on the facts
(including the shift of production may be filed with the Commission by available, which may include
facilities used for other products and the March 18, 2005. For further information information provided in response to this
use, cost, or availability of major inputs concerning the conduct of these reviews notice.
into production); and factors related to and rules of general application, consult Definitions. The following definitions
the ability to shift supply among the Commission’s Rules of Practice and apply to these reviews:
different national markets (including Procedure, part 201, subparts A through (1) Subject Merchandise is the class or
barriers to importation in foreign E (19 CFR part 201), and part 207, kind of merchandise that is within the
markets or changes in market demand scope of the five-year reviews, as
abroad). Demand conditions to consider 1 No response to this request for information is
defined by the Department of
include end uses and applications; the required if a currently valid Office of Management Commerce.
and Budget (OMB) number is not displayed; the
existence and availability of substitute OMB number is 3117–0016/USITC No. 05–5–108, (2) The Subject Country in these
products; and the level of competition expiration date June 30, 2005. Public reporting reviews is Canada.
among the Domestic Like Product burden for the request is estimated to average 7 (3) The Domestic Like Product is the
produced in the United States, Subject hours per response. Please send comments domestically produced product or
regarding the accuracy of this burden estimate to
Merchandise produced in each Subject the Office of Investigations, U.S. International Trade
products which are like, or in the
Country, and such merchandise from Commission, 500 E Street, SW., Washington, DC absence of like, most similar in
other countries. 20436. characteristics and uses with, the

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116 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices

Subject Merchandise. In its original consultation will not relieve former submissions with the Secretary by
determinations and expedited five-year employees of the obligation to seek facsimile or electronic means, except to
review determinations, the Commission approval to appear from the the extent permitted by section 201.8 of
defined the Domestic Like Product as all Commission under its rule 201.15. For the Commission’s rules, as amended, 67
new steel rails, including both prime ethics advice, contact Carol McCue FR 68036 (November 8, 2002). Also, in
and industrial rails but excluding light Verratti, Deputy Agency Ethics Official, accordance with sections 201.16(c) and
rails. One Commissioner defined the at 202–205–3088. 207.3 of the Commission’s rules, each
Domestic Like Product differently in the Limited disclosure of business document filed by a party to the reviews
original determinations. proprietary information (BPI) under an must be served on all other parties to
(4) The Domestic Industry is the U.S. administrative protective order (APO) the reviews (as identified by either the
producers as a whole of the Domestic and APO service list. Pursuant to public or APO service list as
Like Product, or those producers whose section 207.7(a) of the Commission’s appropriate), and a certificate of service
collective output of the Domestic Like rules, the Secretary will make BPI must accompany the document (if you
Product constitutes a major proportion submitted in these reviews available to are not a party to the reviews you do not
of the total domestic production of the authorized applicants under the APO need to serve your response).
product. In its original determinations issued in the reviews, provided that the Inability to provide requested
and expedited five-year review application is made no later than 21 information. Pursuant to section
determinations, the Commission days after publication of this notice in 207.61(c) of the Commission’s rules, any
defined the Domestic Industry as all the Federal Register. Authorized interested party that cannot furnish the
producers of new steel rails, including applicants must represent interested information requested by this notice in
both prime and industrial rails but parties, as defined in 19 U.S.C. 1677(9), the requested form and manner shall
excluding light rails. One Commissioner who are parties to the reviews. A notify the Commission at the earliest
defined the Domestic Industry separate service list will be maintained possible time, provide a full explanation
differently in the original investigations. by the Secretary for those parties of why it cannot provide the requested
(5) An Importer is any person or firm authorized to receive BPI under the information, and indicate alternative
engaged, either directly or through a APO. forms in which it can provide
parent company or subsidiary, in Certification. Pursuant to section equivalent information. If an interested
importing the Subject Merchandise into 207.3 of the Commission’s rules, any party does not provide this notification
the United States from a foreign person submitting information to the (or the Commission finds the
manufacturer or through its selling Commission in connection with these explanation provided in the notification
agent. reviews must certify that the inadequate) and fails to provide a
Participation in the reviews and information is accurate and complete to complete response to this notice, the
public service list. Persons, including the best of the submitter’s knowledge. In Commission may take an adverse
industrial users of the Subject making the certification, the submitter inference against the party pursuant to
Merchandise and, if the merchandise is will be deemed to consent, unless section 776(b) of the Act in making its
sold at the retail level, representative otherwise specified, for the determinations in the reviews.
consumer organizations, wishing to Commission, its employees, and Information To Be Provided in
participate in the reviews as parties contract personnel to use the Response To This Notice of Institution:
must file an entry of appearance with information provided in any other As used below, the term ‘‘firm’’ includes
the Secretary to the Commission, as reviews or investigations of the same or any related firms.
provided in section 201.11(b)(4) of the comparable products which the (1) The name and address of your firm
Commission’s rules, no later than 21 Commission conducts under Title VII of or entity (including World Wide Web
days after publication of this notice in the Act, or in internal audits and address if available) and name,
the Federal Register. The Secretary will investigations relating to the programs telephone number, fax number, and E-
maintain a public service list containing and operations of the Commission mail address of the certifying official.
the names and addresses of all persons, pursuant to 5 U.S.C. Appendix 3. (2) A statement indicating whether
or their representatives, who are parties Written submissions. Pursuant to your firm/entity is a U.S. producer of
to the reviews. section 207.61 of the Commission’s the Domestic Like Product, a U.S. union
Former Commission employees who rules, each interested party response to or worker group, a U.S. importer of the
are seeking to appear in Commission this notice must provide the information Subject Merchandise, a foreign producer
five-year reviews are reminded that they specified below. The deadline for filing or exporter of the Subject Merchandise,
are required, pursuant to 19 CFR 201.15, such responses is February 22, 2005. a U.S. or foreign trade or business
to seek Commission approval if the Pursuant to section 207.62(b) of the association, or another interested party
matter in which they are seeking to Commission’s rules, eligible parties (as (including an explanation). If you are a
appear was pending in any manner or specified in Commission rule union/worker group or trade/business
form during their Commission 207.62(b)(1)) may also file comments association, identify the firms in which
employment. The Commission is concerning the adequacy of responses to your workers are employed or which are
seeking guidance as to whether a second the notice of institution and whether the members of your association.
transition five-year review is the ‘‘same Commission should conduct expedited (3) A statement indicating whether
particular matter’’ as the underlying or full reviews. The deadline for filing your firm/entity is willing to participate
original investigation for purposes of 19 such comments is March 18, 2005. All in these reviews by providing
CFR 201.15 and 18 U.S.C. 207, the post written submissions must conform with information requested by the
employment statute for Federal the provisions of sections 201.8 and Commission.
employees. Former employees may seek 207.3 of the Commission’s rules and any (4) A statement of the likely effects of
informal advice from Commission ethics submissions that contain BPI must also the revocation of the countervailing
officials with respect to this and the conform with the requirements of duty and antidumping duty orders on
related issue of whether the employee’s sections 201.6 and 207.7 of the the Domestic Industry in general and/or
participation was ‘‘personal and Commission’s rules. The Commission’s your firm/entity specifically. In your
substantial.’’ However, any informal rules do not authorize filing of response, please discuss the various

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Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices 117

factors specified in section 752(a) of the commercial shipments of Subject definitions of the Domestic Like Product
Act (19 U.S.C. 1675a(a)) including the Merchandise imported from the Subject and Domestic Industry; if you disagree
likely volume of subject imports, likely Country; and with either or both of these definitions,
price effects of subject imports, and (c) the quantity and value (f.o.b. U.S. please explain why and provide
likely impact of imports of Subject port, including antidumping and/or alternative definitions.
Merchandise on the Domestic Industry. countervailing duties) of U.S. internal Authority: These reviews are being
(5) A list of all known and currently consumption/company transfers of conducted under authority of title VII of the
operating U.S. producers of the Subject Merchandise imported from the Tariff Act of 1930; this notice is published
Domestic Like Product. Identify any Subject Country. pursuant to section 207.61 of the
known related parties and the nature of (9) If you are a producer, an exporter, Commission’s rules.
the relationship as defined in section or a trade/business association of Issued: December 20, 2004.
771(4)(B) of the Act (19 U.S.C. producers or exporters of the Subject
By order of the Commission.
1677(4)(B)). Merchandise in the Subject Country,
(6) A list of all known and currently provide the following information on Marilyn R. Abbott,
operating U.S. importers of the Subject your firm’s(s’) operations on that Secretary to the Commission.
Merchandise and producers of the product during calendar year 2004 [FR Doc. 04–28725 Filed 12–30–04; 8:45 am]
Subject Merchandise in the Subject (report quantity data in short tons and BILLING CODE 7020–02–P
Country that currently export or have value data in U.S. dollars, landed and
exported Subject Merchandise to the duty-paid at the U.S. port but not
United States or other countries after including antidumping or DEPARTMENT OF JUSTICE
1998. countervailing duties). If you are a
(7) If you are a U.S. producer of the trade/business association, provide the Office of Community Oriented Policing
Domestic Like Product, provide the information, on an aggregate basis, for Services; Agency Information
following information on your firm’s the firms which are members of your Collection Activities: Proposed
operations on that product during association. Collection; Comments Requested
calendar year 2004 (report quantity data (a) Production (quantity) and, if
in short tons and value data in U.S. known, an estimate of the percentage of ACTION: 30-day notice of information
dollars, f.o.b. plant). If you are a union/ total production of Subject Merchandise collection under review: COPS
worker group or trade/business in the Subject Country accounted for by application attachment to SF–424.
association, provide the information, on your firm’s(s’) production; and
(b) the quantity and value of your The Department of Justice (DOJ),
an aggregate basis, for the firms in
firm’s(s’) exports to the United States of Office of Community Oriented Policing
which your workers are employed/
Subject Merchandise and, if known, an Services (COPS) has submitted the
which are members of your association.
(a) Production (quantity) and, if estimate of the percentage of total following information collection request
known, an estimate of the percentage of exports to the United States of Subject to the Office of Management and Budget
total U.S. production of the Domestic Merchandise from the Subject Country (OMB) for review and approval in
Like Product accounted for by your accounted for by your firm’s(s’) exports. accordance with the Paperwork
firm’s(s’) production; (10) Identify significant changes, if Reduction Act of 1995. The proposed
(b) the quantity and value of U.S. any, in the supply and demand information collection is published to
commercial shipments of the Domestic conditions or business cycle for the obtain comments from the public and
Like Product produced in your U.S. Domestic Like Product that have affected agencies. This proposed
plant(s); and occurred in the United States or in the information collection was previously
(c) the quantity and value of U.S. market for the Subject Merchandise in published in the Federal Register
internal consumption/company the Subject Country after 1998, and Volume 69, Number 206, page 62455 on
transfers of the Domestic Like Product significant changes, if any, that are October 26, 2004, allowing for a 60 day
produced in your U.S. plant(s). likely to occur within a reasonably comment period.
(8) If you are a U.S. importer or a foreseeable time. Supply conditions to The purpose of this notice is to allow
trade/business association of U.S. consider include technology; for an additional 30 days for public
importers of the Subject Merchandise production methods; development comment until February 2, 2005. This
from the Subject Country, provide the efforts; ability to increase production process is conducted in accordance with
following information on your firm’s(s’) (including the shift of production 5 CFR 1320.10.
operations on that product during facilities used for other products and the Written comments and/or suggestions
calendar year 2004 (report quantity data use, cost, or availability of major inputs regarding the items contained in this
in short tons and value data in U.S. into production); and factors related to notice, especially the estimated public
dollars). If you are a trade/business the ability to shift supply among burden and associated response time,
association, provide the information, on different national markets (including should be directed to the Office of
an aggregate basis, for the firms which barriers to importation in foreign Management and Budget, Office of
are members of your association. markets or changes in market demand Information and Regulatory Affairs,
(a) The quantity and value (landed, abroad). Demand conditions to consider Attention Department of Justice Desk
duty-paid but not including include end uses and applications; the Officer, Washington, DC 20503.
antidumping or countervailing duties) existence and availability of substitute Additionally, comments may be
of U.S. imports and, if known, an products; and the level of competition submitted to OMB via facsimile to (202)
estimate of the percentage of total U.S. among the Domestic Like Product 395–5806. Written comments and
imports of Subject Merchandise from produced in the United States, Subject suggestions from the public and affected
the Subject Country accounted for by Merchandise produced in the Subject agencies concerning the proposed
your firm’s(s’) imports; Country, and such merchandise from collection of information are
(b) the quantity and value (f.o.b. U.S. other countries. encouraged. Your comments should
port, including antidumping and/or (11) (Optional) A statement of address one or more of the following
countervailing duties) of U.S. whether you agree with the above four points:

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