81 FR 22310 - Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, Korea, Netherlands, Turkey, and the United Kingdom; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 73 (April 15, 2016)
Federal Register Volume 81, Issue 73 (April 15, 2016)
| Page Range | 22310-22312 | |
| FR Document | 2016-08650 |
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)] [Notices] [Pages 22310-22312] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08650] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-545-547 and 731-TA-1291-1297 (Final)] Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, Korea, Netherlands, Turkey, and the United Kingdom; 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-545-547 and 731-TA-1291-1297 (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 hot-rolled steel flat products from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom provided for in subheadings 7208.10.15, 7208.10.30, 7208.10.60, 7208.25.30, 7208.25.60, 7208.26.00, 7208.27.00, 7208.36.00, 7208.37.00, 7208.38.00, 7208.39.00, 7208.40.60, 7208.53.00, 7208.54.00, 7208.90.00, 7210.70.30, 7210.90.90, 7211.14.00, 7211.19.15, 7211.19.20, 7211.19.30, 7211.19.45, 7211.19.60, 7211.19.75, 7211.90.00, 7212.40.10, 7212.40.50, 7212.50.00, 7214.91.00, 7214.99.00, 7215.90.50, 7225.11.00, [[Page 22311]] 7225.19.00, 7225.30.30, 7225.30.70, 7225.40.70, 7225.99.00, 7226.11.10, 7226.11.90, 7226.19.10, 7226.19.90, 7226.91.50, 7226.91.70, 7226.91.80, 7226.99.01, and 7228.60.60 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be sold in the United States at less-than-fair-value (``LTFV''), and by imports of hot-rolled steel preliminarily determined to be subsidized by the government of Brazil.\1\ \2\ --------------------------------------------------------------------------- \1\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as certain hot-rolled, flat-rolled steel products, with or without patterns in relief, and whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of thickness, and regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness of less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For a full description of the scope of the investigations, including product exclusions, see Certain Hot-Rolled Steel Flat Products From Brazil: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 81 FR 15237, March 22, 2016. \2\ Commerce preliminarily determined that subsidy rates for hot-rolled steel from Korea and Turkey were de minimis. --------------------------------------------------------------------------- DATES: Effective Date: March 22, 2016. FOR FURTHER INFORMATION CONTACT: Justin Enck (202-205-3363), 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 Brazil of hot-rolled steel flat products, and that such products from Australia, Brazil, Japan, Korea, Netherlands, Turkey, and the United Kingdom are being sold in the United States at LTFV within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on August 11, 2015 by AK Steel Corporation (West Chester, Ohio), ArcelorMittal USA, LLC (Chicago, Illinois), Nucor Corporation (Charlotte, North Carolina), SSAB Enterprises, LLC (Lisle, Illinois), Steel Dynamics, Inc. (Fort Wayne, Indiana), and United States Steel Corporation (Pittsburgh, Pennsylvania). 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). Although the Department of Commerce has preliminarily determined that imports of hot-rolled steel flat products from Korea and Turkey were subsidized at de minimis rates, for purposes of efficiency the Commission hereby waives rule 207.21(b) \3\ so that the final phase of these investigations may proceed concurrently in the event that Commerce makes a final affirmative determination with respect to such imports. --------------------------------------------------------------------------- \3\ 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. --------------------------------------------------------------------------- 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 July 21, 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 Thursday, August 4, 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 July 29, 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 August 2, 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 July 28, 2016. Parties may also file written testimony in connection with their presentation at the hearing, as [[Page 22312]] 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 August 11, 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 August 11, 2016. On August 29, 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 August 31, 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 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: April 11, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-08650 Filed 4-14-16; 8:45 am] BILLING CODE 7020-02-P
![22310 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices
consideration were received by the NEW JERSEY Tangipahoa Parish
National Park Service before March 19, Monmouth County June House, 408 E. Coleman Ave., Hammond,
2016. Pursuant to section 60.13 of 36 83000546
Bell Laboratories—Holmdel, 101 Crawfords
CFR part 60, written comments are Tensas Parish
Corner Rd., Holmdel Township, 16000223
being accepted concerning the
NEW YORK Bank of Newellton, 207 N. Main St.,
significance of the nominated properties
Newellton, 00000613
under the National Register criteria for Essex County
evaluation. Winn Parish
Essex County Municipal Complex, 7551–
Before including your address, phone Winnfield Hotel, 302 E. Main St., Winnfield,
7559 Court St., Elizabethtown, 16000224
number, email address, or other 80001775
personal identifying information in your Rockland County
NEW YORK
comment, you should be aware that USCO Church, The, 21 Church St.,
Garnerville, 16000225 St. Lawrence County
your entire comment—including your
personal identifying information—may Wanakena Footbridge, Over Oswegatchie R.,
St. Lawrence County bet. Front St. and South Shore Rd.,
be made publicly available at any time. Potsdam Civic Center Complex, 2 Park St., Wanakena, 99001001
While you can ask us in your comment Potsdam, 16000226
to withhold your personal identifying Authority: 60.13 of 36 CFR part 60.
information from public review, we NORTH CAROLINA Dated: March 24, 2016.
cannot guarantee that we will be able to Alamance County J. Paul Loether,
do so. Chief, National Register of Historic Places/
Western Electric Company—Tarheel Army
CALIFORNIA Missile Plant, 204 Graham—Hopedale Rd., National Historic Landmarks Program.
Burlington, 16000219 [FR Doc. 2016–08695 Filed 4–14–16; 8:45 am]
Napa County
BILLING CODE 4312–51–P
Cleveland County
York House, 1005 Jefferson St., Napa,
16000209 Cleveland County Training School, 341
Hudson St., Shelby, 16000220
CONNECTICUT INTERNATIONAL TRADE
Pitt County COMMISSION
Hartford County
Fountain Historic District, Roughly bounded [Investigation Nos. 701–TA–545–547 and
Downtown New Britain, Multiple Addresses, by Smith St., Blount St., extending along 731–TA–1291–1297 (Final)]
New Britain, 16000210 Wilson St., between Church and Stamper
Sts., Fountain, 16000221 Hot-Rolled Steel Flat Products From
DISTRICT OF COLUMBIA
Rockingham County Australia, Brazil, Japan, Korea,
District of Columbia Netherlands, Turkey, and the United
Mayodan Historic District, Roughly bounded
The Furies Collective, 219 11th St. SE., by West Adams St., North and South Kingdom; Scheduling of the Final
Washington, 16000211 Second Ave., and North and South Third Phase of Countervailing Duty and
FLORIDA Ave., Mayodan, 16000222 Antidumping Duty Investigations
Duval County SOUTH CAROLINA AGENCY: United States International
Trade Commission.
Downtown Jacksonville Historic District, Richland County
ACTION: Notice.
Various Addresses, Jacksonville, 16000212 Miller Brothers Cotton Warehouse, 705
Gervais St., Columbia, 16000227 SUMMARY: The Commission hereby gives
IOWA
WISCONSIN notice of the scheduling of the final
Black Hawk County phase of antidumping and
Campbell Baking Company, 325 Commercial Outagamie County countervailing duty investigation Nos.
St., Waterloo, 16000213 Appleton Woolen Mills, 218 East South 701–TA–545–547 and 731–TA–1291–
Island St., Appleton, 16000228 1297 (Final) pursuant to the Tariff Act
Linn County
WYOMING of 1930 (‘‘the Act’’) to determine
Sinclair Building—Smulekoffs Furniture whether an industry in the United
Store, 97 3rd Ave. SE., Cedar Rapids, Natrona County States is materially injured or
16000214 Dean Morgan Junior High School, threatened with material injury, or the
Polk County (Educational Facilities in Wyoming, 1850– establishment of an industry in the
1960 MPS) 1440 South Elm St., Casper, United States is materially retarded, by
Flynn Building, 319 7th St., Des Moines, 16000229
16000215
reason of imports of hot-rolled steel flat
A request for removal has been received for products from Australia, Brazil, Japan,
MICHIGAN the following resources: Korea, the Netherlands, Turkey, and the
Bay County LOUISIANA United Kingdom provided for in
subheadings 7208.10.15, 7208.10.30,
Bay City Masonic Temple, 700 N. Madison Caddo Parish 7208.10.60, 7208.25.30, 7208.25.60,
Ave., Bay City, 16000216 Long, Huey P., House, 2403 Laurel St., 7208.26.00, 7208.27.00, 7208.36.00,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Mackinac County Shreveport, 91000701 7208.37.00, 7208.38.00, 7208.39.00,
Sacred Heart—Gros Cap Church, N903 Gros Richland Parish 7208.40.60, 7208.53.00, 7208.54.00,
Cap Rd., Moran Township, 16000217 7208.90.00, 7210.70.30, 7210.90.90,
Mangham State Bank Building, Main and
Horace Sts., Mangham, 85000975
7211.14.00, 7211.19.15, 7211.19.20,
Wayne County 7211.19.30, 7211.19.45, 7211.19.60,
New Center Commercial Historic District, St. Tammany Parish 7211.19.75, 7211.90.00, 7212.40.10,
Woodward Ave.—Baltimore St. to Grand Longbranch Hotel Complex, Rangeline Rd., 7212.40.50, 7212.50.00, 7214.91.00,
Ave. Detroit, 16000218 Abita Springs, 82004623 7214.99.00, 7215.90.50, 7225.11.00,
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![22312 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices
provided in section 207.24 of the INTERNATIONAL TRADE Patent No. 7,162,537 (‘‘the ’537 patent’’);
Commission’s rules, and posthearing COMMISSION U.S. Patent No. 8,356,296 (‘‘the ’296
briefs, which must conform with the patent’’); U.S. Patent No. 7,290,164 (‘‘the
[Investigation No. 337–TA–944]
provisions of section 207.25 of the ’164 patent’’); U.S. Patent No. 7,340,597
Commission’s rules. The deadline for Certain Network Devices, Related (‘‘the ’597 patent’’); U.S. Patent No.
filing posthearing briefs is August 11, Software and Components Thereof (I); 6,741,592 (‘‘the ’592 patent’’); and U.S.
2016. In addition, any person who has Commission’s Determination To Patent No. 7,200,145 (‘‘the ’145 patent’’),
not entered an appearance as a party to Review In-Part a Final Initial and alleges that an industry in the
the investigations may submit a written Determination Finding a Violation of United States exists as required by
statement of information pertinent to Section 337; Request for Written subsection (a)(2) of section 337. The
the subject of the investigations, Submissions ’296 patent was previously terminated
including statements of support or from the investigation. A Commission
AGENCY: U.S. International Trade investigative attorney (‘‘IA’’) is
opposition to the petition, on or before
Commission. participating in the investigation.
August 11, 2016. On August 29, 2016, On February 2, 2016, the ALJ issued
ACTION: Notice.
the Commission will make available to his final ID finding a violation of section
parties all information on which they SUMMARY: Notice is hereby given that 337. The ID found a violation with
have not had an opportunity to the U.S. International Trade respect to the ’537, ’592 and ’145
comment. Parties may submit final Commission has determined to review patents. The ID found no violation for
comments on this information on or in-part the final initial determination the ’597 and ’164 patents. On February
before August 31, 2016, but such final (‘‘ID’’) issued by the presiding 11, 2016, the ALJ issued his
comments must not contain new factual administrative law judge (‘‘ALJ’’) on Recommended Determination on
information and must otherwise comply February 2, 2016, finding a violation of Remedy and Bonding (‘‘RD’’).
with section 207.30 of the Commission’s section 337 of the Tariff Act of 1930, 19 On February 17, 2016, Cisco and
rules. All written submissions must U.S.C. 1337, in the above-captioned Arista filed petitions for review. On
conform with the provisions of section investigation. March 3, 2016, the parties, including the
201.8 of the Commission’s rules; any IA, filed responses to the respective
FOR FURTHER INFORMATION CONTACT:
submissions that contain BPI must also petitions for review.
Amanda Pitcher Fisherow, Esq., Office
conform with the requirements of Having examined the record of this
of the General Counsel, U.S. investigation, including the final ID, the
sections 201.6, 207.3, and 207.7 of the International Trade Commission, 500 E
Commission’s rules. The Commission’s petitions for review, and the responses
Street SW., Washington, DC 20436, thereto, the Commission has determined
Handbook on E-Filing, available on the telephone (202) 205–2737. Copies of
Commission’s Web site at http:// to review the final ID on the following
non-confidential documents filed in issues: (1) Infringement of the ’537, ’597,
edis.usitc.gov, elaborates upon the connection with this investigation are or
Commission’s rules with respect to ’592 and ’145 patents; (2) patentability
will be available for inspection during of the ’597, ’592, and ’145 patents under
electronic filing. official business hours (8:45 a.m. to 5:15 35 U.S.C. 101; (3) the construction of
Additional written submissions to the p.m.) in the Office of the Secretary, U.S. ‘‘said router configuration data managed
Commission, including requests International Trade Commission, 500 E by said database system and derived
pursuant to section 201.12 of the Street SW., Washington, DC 20436, from configuration commands supplied
Commission’s rules, shall not be telephone (202) 205–2000. General by a user and executed by a router
accepted unless good cause is shown for information concerning the Commission configuration subsystem before being
accepting such submissions, or unless may also be obtained by accessing its stored in said database’’ of claims 1, 10,
the submission is pursuant to a specific Internet server at http://www.usitc.gov. and 19 of the ’537 patent; (4) the
request by a Commissioner or The public record for this investigation construction of ‘‘a change to a
Commission staff. may be viewed on the Commission’s configuration’’/‘‘a change in
electronic docket (EDIS) at http:// configuration’’ of claims 1, 39, and 71 of
In accordance with sections 201.16(c) edis.usitc.gov. Hearing-impaired
and 207.3 of the Commission’s rules, the ’597 patent; (5) equitable estoppel;
persons are advised that information on (6) laches; (7) the technical prong of
each document filed by a party to the this matter can be obtained by domestic industry for the ’537, ’597,
investigations must be served on all contacting the Commission’s TDD ’592 and ’145 patents; (8) economic
other parties to the investigations (as terminal on (202) 205–1810. prong of domestic industry; and (9)
identified by either the public or BPI SUPPLEMENTARY INFORMATION: The importation. To the extent any findings
service list), and a certificate of service Commission instituted this investigation that the Commission is reviewing herein
must be timely filed. The Secretary will on January 27, 2015, based on a implicates the ID’s findings for the ’164
not accept a document for filing without complaint filed on behalf of Cisco patent (e.g., intent to induce
a certificate of service. Systems, Inc. (‘‘Complainant’’) of San infringement), the Commission reviews
Authority: These investigations are being Jose, California. 80 FR 4314–15 (Jan. 27, those findings for the ’164 patent.
conducted under authority of title VII of the 2015). The complaint was filed on The parties are requested to brief their
Tariff Act of 1930; this notice is published December 19, 2014 and a supplement positions on the issues under review
was filed on January 8, 2015. The with reference to the applicable law and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
pursuant to section 207.21 of the
Commission’s rules. complaint alleges violations of section the evidentiary record. In connection
By order of the Commission. 337 based upon the importation into the with its review, the Commission is
Issued: April 11, 2016. United States, the sale for importation, interested in only responses to the
and the sale within the United States following questions. For each argument
Lisa R. Barton,
after importation of certain network presented, the parties’ submissions
Secretary to the Commission. devices, related software and should set forth whether such argument
[FR Doc. 2016–08650 Filed 4–14–16; 8:45 am] components thereof by reason of was presented to the ALJ and if so
BILLING CODE 7020–02–P infringement of certain claims of U.S. include citations to the record.
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Document Created: 2016-04-15 00:54:44
Document Modified: 2016-04-15 00:54:44
| 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 | Justin Enck (202-205-3363), 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 | 81 FR 22310 |
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