80 FR 68563 - Polyethylene Terephthalate (PET) Resin From Canada, China, India, and Oman; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 214 (November 5, 2015)
Federal Register Volume 80, Issue 214 (November 5, 2015)
| Page Range | 68563-68565 | |
| FR Document | 2015-28260 |
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)] [Notices] [Pages 68563-68565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28260] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-531-533 and 731-TA-1270-1273 (Final)] Polyethylene Terephthalate (PET) Resin From Canada, China, India, and Oman; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-531-533 and 731-TA-1270-1273 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of polyethylene terephthalate (PET) resin from Canada, China, India, and Oman, provided for in subheading 3907.60.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fair-value and imports of PET resin from China and India [[Page 68564]] preliminarily determined to have been subsidized.1 2 --------------------------------------------------------------------------- \1\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as polyethylene terephthalate (PET) resin having an intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. The scope includes blends of virgin PET resin and recycled PET resin containing predominantly virgin PET resin content, provided such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. \2\ The Department of Commerce has preliminarily determined that de minimis countervailable subsidies are being provided to producers and exporters of PET resin from Oman. 80 FR 48808, August 14, 2015. For purposes of efficiency, the Commission hereby waives rule 207.21(b) so the final phase of these investigations may proceed concurrently in the event that Commerce makes final affirmative determinations with respect to such imports. Section 207.21(b) of the Commission's rules provides that, where the Department of Commerce has issued a negative preliminary determination, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final determination from Commerce. --------------------------------------------------------------------------- DATES: Effective Date: October 15, 2015. FOR FURTHER INFORMATION CONTACT: Michael Haberstroh, (202-205-3390), 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 (http://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.--The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China and India of polyethylene terephthalate (PET) resin, and that such products from Canada, China, India, and Oman are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on March 10, 2015, by DAK Americas, LLC, Charlotte, NC; M&G Chemicals, Houston, TX; and Nan Ya Plastics Corporation, America, Lake City, SC. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations 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 final phase of these investigations 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, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. 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 the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations 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 final phase of these investigations will be placed in the nonpublic record on February 16, 2016, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on March 1, 2016, 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 February 24, 2016. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on February 26, 2016, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.--Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is February 23, 2016. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is March 8, 2016. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before March 8, 2016. On March 24, 2016, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before March 28, 2016, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the [[Page 68565]] Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: November 2, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-28260 Filed 11-4-15; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68563
INTERNATIONAL TRADE Authority: The authority for institution of days after the date of service by the
COMMISSION this investigation is contained in section 337 Commission of the complaint and the
of the Tariff Act of 1930, as amended, and notice of investigation. Extensions of
in section 210.10 of the Commission’s Rules time for submitting responses to the
[Investigation No. 337–TA–969] of Practice and Procedure, 19 CFR 210.10
(2015).
complaint and the notice of
Certain Blood Cholesterol Test Strips investigation will not be granted unless
and Associated Systems Containing Scope of Investigation: Having good cause therefor is shown.
Same; Institution of investigation considered the complaint, the U.S. Failure of a respondent to file a timely
International Trade Commission, on response to each allegation in the
AGENCY: U.S. International Trade October 29, 2015, ordered that— complaint and in this notice may be
Commission. (1) Pursuant to subsection (b) of deemed to constitute a waiver of the
ACTION: Notice. section 337 of the Tariff Act of 1930, as right to appear and contest the
amended, an investigation be instituted allegations of the complaint and this
SUMMARY: Notice is hereby given that a notice, and to authorize the
to determine whether there is a
complaint was filed with the U.S. administrative law judge and the
violation of subsection (a)(1)(B) of
International Trade Commission on Commission, without further notice to
section 337 in the importation into the
October 2, 2015, under section 337 of the respondent, to find the facts to be as
United States, the sale for importation,
the Tariff Act of 1930, as amended, 19 alleged in the complaint and this notice
or the sale within the United States after
U.S.C. 1337, on behalf of Polymer and to enter an initial determination
importation of certain blood cholesterol
Technology Systems, Inc. of and a final determination containing
test strips and associated systems
Indianapolis, Indiana. A supplement to such findings, and may result in the
containing same by reason of
the complaint was filed on October 16, issuance of an exclusion order or a cease
infringement of one or more of claims 1,
2015. The complaint alleges violations and desist order or both directed against
3, 10–12, and 17–19 of the ’397 patent,
of section 337 based upon the the respondent.
and whether an industry in the United
importation into the United States, the
States exists as required by subsection By order of the Commission.
sale for importation, and the sale within
(a)(2) of section 337; Dated: October 30, 2015.
the United States after importation of
(2) For the purpose of the Lisa R. Barton,
certain blood cholesterol test strips and
investigation so instituted, the following Secretary to the Commission.
associated systems containing same by
are hereby named as parties upon which
reason of infringement of certain claims [FR Doc. 2015–28152 Filed 11–4–15; 8:45 am]
this notice of investigation shall be
of U.S. Patent No. 7,087,397 (‘‘the ’397 BILLING CODE 7020–02–P
served:
patent’’). The complaint further alleges
(a) The complainant is:
that an industry in the United States
exists as required by subsection (a)(2) of Polymer Technology Systems, Inc., 7736 INTERNATIONAL TRADE
section 337. Zionsville Road, Indianapolis, IN COMMISSION
The complainant requests that the 46268
[Investigation Nos. 701–TA–531–533 and
Commission institute an investigation (b) The respondents are the following 731–TA–1270–1273 (Final)]
and, after the investigation, issue a entities alleged to be in violation of
limited exclusion order and cease and section 337, and are the parties upon Polyethylene Terephthalate (PET)
desist orders. which the complaint is to be served: Resin From Canada, China, India, and
ADDRESSES: The complaint, except for Infopia Co., Ltd., 132 Oman; Scheduling of the Final Phase
any confidential information contained Anyangcheondong-ro, Dongan-gu, of Countervailing Duty and
therein, is available for inspection Anyang-si, Gyeonggi-do, 431–836, Antidumping Duty Investigations
during official business hours (8:45 a.m. Republic of Korea AGENCY: United States International
to 5:15 p.m.) in the Office of the Infopia America LLC, 2323 S. Trade Commission.
Secretary, U.S. International Trade Washington Avenue, Suite 200,
ACTION: Notice.
Commission, 500 E Street SW., Room Titusville, FL 32780
112, Washington, DC 20436, telephone Jant Pharmacal Corporation, 16530 SUMMARY: The Commission hereby gives
(202) 205–2000. Hearing impaired Ventura Boulevard, Suite 512, Encino, notice of the scheduling of the final
individuals are advised that information CA 91436 phase of antidumping and
on this matter can be obtained by (c) The Office of Unfair Import countervailing duty investigation Nos.
contacting the Commission’s TDD Investigations, U.S. International Trade 701–TA–531–533 and 731–TA–1270–
terminal on (202) 205–1810. Persons Commission, 500 E Street SW., Suite 1273 (Final) pursuant to the Tariff Act
with mobility impairments who will 401, Washington, DC 20436; and of 1930 (‘‘the Act’’) to determine
need special assistance in gaining access (3) For the investigation so instituted, whether an industry in the United
to the Commission should contact the the Chief Administrative Law Judge, States is materially injured or
Office of the Secretary at (202) 205– U.S. International Trade Commission, threatened with material injury, or the
2000. General information concerning shall designate the presiding establishment of an industry in the
the Commission may also be obtained Administrative Law Judge. United States is materially retarded, by
by accessing its internet server at Responses to the complaint and the reason of imports of polyethylene
http://www.usitc.gov. The public record notice of investigation must be terephthalate (PET) resin from Canada,
jstallworth on DSK7TPTVN1PROD with NOTICES
for this investigation may be viewed on submitted by the named respondents in China, India, and Oman, provided for in
the Commission’s electronic docket accordance with section 210.13 of the subheading 3907.60.00 of the
(EDIS) at http://edis.usitc.gov. Commission’s Rules of Practice and Harmonized Tariff Schedule of the
FOR FURTHER INFORMATION CONTACT: The Procedure, 19 CFR 210.13. Pursuant to United States, preliminarily determined
Office of Unfair Import Investigations, 19 CFR 201.16(e) and 210.13(a), such by the Department of Commerce to be
U.S. International Trade Commission, responses will be considered by the sold at less-than-fair-value and imports
telephone (202) 205–2560. Commission if received not later than 20 of PET resin from China and India
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![Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68565
Commission’s rules, shall not be barrels of marine fuel oil that was to: Consent Decree Library, U.S. DOJ—
accepted unless good cause is shown for illegally stored in the bulbous bow of ENRD, P.O. Box 7611, Washington, DC
accepting such submissions, or unless the vessel flowed into the water. The 20044–7611.
the submission is pursuant to a specific Complaint further alleges the illegal oil Please enclose a check or money order
request by a Commissioner or storage was done to extend the duration for $6.50 (25 cents per page
Commission staff. of the fishing voyage and allow storage reproduction cost) payable to the United
In accordance with sections 201.16(c) of a larger catch of fish. The extra fuel States Treasury.
and 207.3 of the Commission’s rules, oil had been stored in two of the fish
Thomas P. Carroll,
each document filed by a party to the holds, but the oil was transferred out of
the fish holds to the bulbous bow to Assistant Section Chief, Environmental
investigations must be served on all
Enforcement Section, Environment and
other parties to the investigations (as make room for storage of tuna in those
Natural Resources Division.
identified by either the public or BPI fish holds. The Complaint further
[FR Doc. 2015–28133 Filed 11–4–15; 8:45 am]
service list), and a certificate of service alleges the vessel was equipped with
unlawful piping configurations that tied BILLING CODE 4410–15–P
must be timely filed. The Secretary will
not accept a document for filing without the bilge water system into the fuel
a certificate of service. system and that the extra fuel originally
was loaded into the vessel using an DEPARTMENT OF LABOR
Authority: These investigations are being
conducted under authority of title VII of the unauthorized method of pumping fuel
oil with hoses over the top of the deck Office of the Secretary
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the into open fish holds.
Under the proposed Consent Decree, Agency Information Collection
Commission’s rules. Activities; Submission for OMB
Tri-Marine will pay a civil penalty of
By order of the Commission. Review; Comment Request; Bank
$1,050,000 for the alleged violations. In
Issued: November 2, 2015. addition to payment of the civil Collective Investment Funds,
Lisa R. Barton, penalties, the Consent Decree requires Prohibited Transaction Class
Secretary to the Commission. Tri-Marine to perform inspections and Exemption 1991–38
[FR Doc. 2015–28260 Filed 11–4–15; 8:45 am] corrective measures across its entire AGENCY: Department of Labor.
BILLING CODE 7020–02–P fleet of ten American Samoa-based ACTION: Notice.
vessels, including review and overhaul
of all of the vessels’ oil handling SUMMARY: The Department of Labor
DEPARTMENT OF JUSTICE practices, operator certifications, (DOL) is submitting the Employee
independent audits, increased reporting, Benefits Security Administration
Notice of Lodging of Proposed and the engagement of a full-time (EBSA) sponsored information
Consent Decree Under the Clean Water consultant or in-house personnel collection request (ICR) titled, ‘‘Bank
Act focused on environmental and maritime Collective Investment Funds, Prohibited
compliance. Transaction Class Exemption 1991–38,’’
Notice is hereby given that, for a The publication of this notice opens
period of 30 days, the United States will to the Office of Management and Budget
a period for public comment on the (OMB) for review and approval for
receive public comments on a proposed proposed Consent Decree. Comments
Consent Decree in United States v. Tri- continued use, without change, in
should be addressed to the Assistant accordance with the Paperwork
Marine Management Co. LLC, et al. Attorney General, Environment and
(Civil Action No. 1:15–cv–0454), which Reduction Act of 1995 (PRA), 44 U.S.C.
Natural Resources Division, and should 3501 et seq. Public comments on the
was lodged with the United States refer to United States v. Tri-Marine
District Court for the District of Hawaii ICR are invited.
Management Co. LLC, D.J. Ref. No. 90–
on October 28, 2015. DATES: The OMB will consider all
5–1–1–11245. All comments must be
The Complaint in this Clean Water submitted no later than thirty (30) days written comments that agency receives
Act case was filed against Tri-Marine after the publication date of this notice. on or before December 7, 2015.
Management Co., LLC, Tri-Marine Comments may be submitted either by ADDRESSES: A copy of this ICR with
Fishing Management LLC, and Cape email or by mail: applicable supporting documentation;
Mendocino Fishing LP (collectively, including a description of the likely
‘‘Tri-Marine’’) concurrently with the To submit respondents, proposed frequency of
Send them to:
lodging of the proposed Consent Decree. comments: response, and estimated total burden
The Complaint alleges that Tri-Marine is may be obtained free of charge from the
civilly liable for violations of Section By e-mail ...... pubcomment- RegInfo.gov Web site at http://
ees.enrd@usdoj.gov.
311 of the Clean Water Act (‘‘CWA’’), 33 By mail ......... Assistant Attorney General, www.reginfo.gov/public/do/
U.S.C. 1321. The Complaint seeks civil U.S. DOJ—ENRD, P.O. PRAViewICR?ref_nbr=201510-1210-003
penalties and injunctive relief for the Box 7611, Washington, DC (this link will only become active on the
discharge of harmful quantities of 20044–7611. day following publication of this notice)
marine diesel fuel oil into navigable or by contacting Michel Smyth by
waters of the United States from Tri- During the public comment period, telephone at 202–693–4129, TTY 202–
Marine’s commercial tuna fishing the proposed Consent Decree may be 693–8064, (these are not toll-free
vessel, the Capt. Vincent Gann, into examined and downloaded at this numbers) or by email at DOL_PRA_
jstallworth on DSK7TPTVN1PROD with NOTICES
Pago Pago Harbor in American Samoa as Justice Department Web site: http:// PUBLIC@dol.gov.
well as related violations of the Coast www.usdoj.gov/enrd/ Submit comments about this request
Guard’s spill prevention regulations ConsentlDecrees.html. We will by mail or courier to the Office of
issued under the Clean Water Act. The provide a paper copy of the proposed Information and Regulatory Affairs,
Complaint alleges the hull of the Capt. Consent Decree upon written request Attn: OMB Desk Officer for DOL–EBSA,
Vincent Gann was breached during a and payment of reproduction costs. Office of Management and Budget,
crash in October 2014 and at least 35 Please mail your request and payment Room 10235, 725 17th Street NW.,
VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1](https://thefederalregister.org/doc/80_FR_68777/page/3.svg)
Document Created: 2015-12-14 15:03:00
Document Modified: 2015-12-14 15:03:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Michael Haberstroh, (202-205-3390), 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 (http://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. | |
| FR Citation | 80 FR 68563 |
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