81 FR 41348 - Iron Mechanical Transfer Drive Components From Canada and China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41348-41349 | |
| FR Document | 2016-14977 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Notices] [Pages 41348-41349] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14977] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-550 and 731-TA-1304-1305 (Final)] Iron Mechanical Transfer Drive Components From Canada and China; 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-550 and 731-TA-1304-1305 (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 certain iron mechanical transfer drive components from Canada and China, provided for in subheadings 8483.30.80, 8483.50.60, 8483.50.90, 8483.90.30, and 8483.90.80 of the Harmonized Tariff Schedule of the United States \1\ and preliminarily determined by the Department of Commerce to be subsidized by the government of China and sold at less-than-fair-value.\2\ --------------------------------------------------------------------------- \1\ Covered merchandise may also enter under the following HTSUS subheadings: 7325.10.00, 7325.99.10, 7326.19.00, 8431.31.00, 8431.39.00, and 8483.50.40. \2\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as iron mechanical transfer drive components, whether finished or unfinished (i.e., blanks or castings). Subject iron mechanical transfer drive components are in the form of wheels or cylinders with a center bore hole that may have one or more grooves or teeth in their outer circumference that guide or mesh with a flat or ribbed belt or like device and are often referred to as sheaves, pulleys, flywheels, flat pulleys, idlers, conveyer pulleys, synchronous sheaves, and timing pulleys. The products covered by these investigations also include bushings, which are iron mechanical transfer drive components in the form of a cylinder and which fit into the bore holes of other mechanical transfer drive components to lock them into drive shafts by means of elements such as teeth, bolts, or screws. Iron mechanical transfer drive components subject to these investigations are those not less than 4.00 inches (101 mm) in the maximum nominal outer diameter. Unfinished iron mechanical transfer drive components (i.e., blanks or castings) possess the approximate shape of the finished iron mechanical transfer drive component and have not yet been machined to final specification after the initial casting, forging or like operations. These machining processes may include cutting, punching, notching, boring, threading, mitering, or chamfering. Subject merchandise includes iron mechanical transfer drive components as defined above that have been finished or machined in a third country, including but not limited to finishing/ machining processes such as cutting, punching, notching, boring, threading, mitering, or chamfering, or any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the iron mechanical transfer drive components. Subject iron mechanical transfer drive components are covered by the scope of the investigations regardless of width, design, or iron type (e.g., gray, white, or ductile iron). Subject iron mechanical transfer drive components are covered by the scope of the investigations regardless of whether they have non-iron attachments or parts and regardless of whether they are entered with other mechanical transfer drive components or as part of a mechanical transfer drive assembly (which typically includes one or more of the iron mechanical transfer drive components identified above, and which may also include other parts such as a belt, coupling and/or shaft). When entered as a mechanical transfer drive assembly, only the iron components that meet the physical description of covered merchandise are covered merchandise, not the other components in the mechanical transfer drive assembly (e.g., belt, coupling, shaft). For purposes of these investigations, a covered product is of ``iron'' where the article has a carbon content of 1.7 percent by weight or above, regardless of the presence and amount of additional alloying elements. --------------------------------------------------------------------------- DATES: Effective Date: June 8, 2016. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 of iron mechanical transfer drive components, and that such products imported from China and Canada 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 October 28, 2015, by TB Wood's Incorporated, Chambersburg, 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). 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 [[Page 41349]] 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 October 4, 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 Tuesday, October 18, 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 October 12, 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 October 17, 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 October 11, 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 October 25, 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 petitions, on or before October 25, 2016. On November 10, 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 November 14, 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: June 21, 2016. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2016-14977 Filed 6-23-16; 8:45 am] BILLING CODE 7020-02-P
![41348 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
The Commission has determined not DATES: Effective Date: June 8, 2016. of the Tariff Act of 1930 (19 U.S.C.
to review the subject ID. FOR FURTHER INFORMATION CONTACT: 1671d(b) and 1673d(b)), as a result of
The authority for the Commission’s Mary Messer (202–205–3193), Office of affirmative preliminary determinations
determination is contained in section Investigations, U.S. International Trade by the Department of Commerce that
337 of the Tariff Act of 1930, as Commission, 500 E Street SW., certain benefits which constitute
amended (19 U.S.C. 1337), and in Part Washington, DC 20436. Hearing- subsidies within the meaning of section
210 of the Commission’s Rules of impaired persons can obtain 703 of the Act (19 U.S.C. 1671b) are
Practice and Procedure (19 CFR part information on this matter by contacting being provided to manufacturers,
210). the Commission’s TDD terminal on 202– producers, or exporters in China of iron
By order of the Commission. 205–1810. Persons with mobility mechanical transfer drive components,
Issued: June 21, 2016. impairments who will need special and that such products imported from
assistance in gaining access to the China and Canada are being sold in the
William R. Bishop,
Commission should contact the Office United States at less than fair value
Supervisory Hearings and Information within the meaning of section 733 of the
Officer. of the Secretary at 202–205–2000.
General information concerning the Act (19 U.S.C. 1673b). The
[FR Doc. 2016–14995 Filed 6–23–16; 8:45 am]
Commission may also be obtained by investigations were requested in
BILLING CODE 7020–02–P petitions filed on October 28, 2015, by
accessing its Internet server (http://
www.usitc.gov). The public record for TB Wood’s Incorporated, Chambersburg,
these investigations may be viewed on Pennsylvania.
INTERNATIONAL TRADE For further information concerning
COMMISSION the Commission’s electronic docket
(EDIS) at http://edis.usitc.gov. the conduct of this phase of the
[Investigation Nos. 701–TA–550 and 731– SUPPLEMENTARY INFORMATION: investigations, hearing procedures, and
TA–1304–1305 (Final)] Background.—The final phase of rules of general application, consult the
these investigations is being scheduled Commission’s Rules of Practice and
Iron Mechanical Transfer Drive pursuant to sections 705(b) and 731(b) Procedure, part 201, subparts A and B
Components From Canada and China; (19 CFR part 201), and part 207,
Scheduling of the Final Phase of as sheaves, pulleys, flywheels, flat pulleys, idlers, subparts A and C (19 CFR part 207).
Countervailing Duty and Antidumping conveyer pulleys, synchronous sheaves, and timing Participation in the investigations and
Duty Investigations pulleys. The products covered by these public service list.—Persons, including
investigations also include bushings, which are iron industrial users of the subject
AGENCY: United States International mechanical transfer drive components in the form
of a cylinder and which fit into the bore holes of merchandise and, if the merchandise is
Trade Commission.
other mechanical transfer drive components to lock sold at the retail level, representative
ACTION: Notice. them into drive shafts by means of elements such consumer organizations, wishing to
as teeth, bolts, or screws. Iron mechanical transfer participate in the final phase of these
SUMMARY: The Commission hereby gives drive components subject to these investigations are
notice of the scheduling of the final those not less than 4.00 inches (101 mm) in the investigations as parties must file an
phase of antidumping and maximum nominal outer diameter. Unfinished iron entry of appearance with the Secretary
countervailing duty investigation Nos. mechanical transfer drive components (i.e., blanks to the Commission, as provided in
or castings) possess the approximate shape of the section 201.11 of the Commission’s
701–TA–550 and 731–TA–1304–1305 finished iron mechanical transfer drive component
(Final) pursuant to the Tariff Act of and have not yet been machined to final rules, no later than 21 days prior to the
1930 (‘‘the Act’’) to determine whether specification after the initial casting, forging or like hearing date specified in this notice. A
an industry in the United States is
operations. These machining processes may include party that filed a notice of appearance
cutting, punching, notching, boring, threading, during the preliminary phase of the
materially injured or threatened with mitering, or chamfering. Subject merchandise
material injury, or the establishment of includes iron mechanical transfer drive components investigations need not file an
an industry in the United States is as defined above that have been finished or additional notice of appearance during
materially retarded, by reason of
machined in a third country, including but not this final phase. The Secretary will
limited to finishing/machining processes such as maintain a public service list containing
imports of certain iron mechanical cutting, punching, notching, boring, threading,
transfer drive components from Canada mitering, or chamfering, or any other processing the names and addresses of all persons,
and China, provided for in subheadings that would not otherwise remove the merchandise or their representatives, who are parties
from the scope of the investigations if performed in to the investigations.
8483.30.80, 8483.50.60, 8483.50.90, the country of manufacture of the iron mechanical Limited disclosure of business
8483.90.30, and 8483.90.80 of the transfer drive components. Subject iron mechanical
transfer drive components are covered by the scope proprietary information (BPI) under an
Harmonized Tariff Schedule of the
of the investigations regardless of width, design, or administrative protective order (APO)
United States 1 and preliminarily iron type (e.g., gray, white, or ductile iron). Subject and BPI service list.—Pursuant to
determined by the Department of iron mechanical transfer drive components are section 207.7(a) of the Commission’s
Commerce to be subsidized by the covered by the scope of the investigations
rules, the Secretary will make BPI
government of China and sold at less- regardless of whether they have non-iron
attachments or parts and regardless of whether they gathered in the final phase of these
than-fair-value.2 are entered with other mechanical transfer drive investigations available to authorized
components or as part of a mechanical transfer applicants under the APO issued in the
1 Covered merchandise may also enter under the
drive assembly (which typically includes one or
following HTSUS subheadings: 7325.10.00, more of the iron mechanical transfer drive
investigations, provided that the
7325.99.10, 7326.19.00, 8431.31.00, 8431.39.00, and components identified above, and which may also application is made no later than 21
8483.50.40. include other parts such as a belt, coupling and/or days prior to the hearing date specified
2 For purposes of these investigations, the shaft). When entered as a mechanical transfer drive in this notice. Authorized applicants
sradovich on DSK3GDR082PROD with NOTICES
Department of Commerce has defined the subject assembly, only the iron components that meet the
merchandise as iron mechanical transfer drive physical description of covered merchandise are
must represent interested parties, as
components, whether finished or unfinished (i.e., covered merchandise, not the other components in defined by 19 U.S.C. 1677(9), who are
blanks or castings). Subject iron mechanical transfer the mechanical transfer drive assembly (e.g., belt, parties to the investigations. A party
drive components are in the form of wheels or coupling, shaft). For purposes of these granted access to BPI in the preliminary
cylinders with a center bore hole that may have one investigations, a covered product is of ‘‘iron’’ where
or more grooves or teeth in their outer the article has a carbon content of 1.7 percent by
phase of the investigations need not
circumference that guide or mesh with a flat or weight or above, regardless of the presence and reapply for such access. A separate
ribbed belt or like device and are often referred to amount of additional alloying elements. service list will be maintained by the
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![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices 41349
Secretary for those parties authorized to comply with section 207.30 of the Medical Corp. of Wappingers Falls, New
receive BPI under the APO. Commission’s rules. All written York and Laerdal Medical AS of
Staff report.—The prehearing staff submissions must conform with the Stavanger, Norway. An amended
report in the final phase of these provisions of section 201.8 of the complaint was filed on May 18, 2016. A
investigations will be placed in the Commission’s rules; any submissions supplement to the amended complaint
nonpublic record on October 4, 2016, that contain BPI must also conform with was filed on June 7, 2016. The
and a public version will be issued the requirements of sections 201.6, complaint, as amended and
thereafter, pursuant to section 207.22 of 207.3, and 207.7 of the Commission’s supplemented, alleges violations of
the Commission’s rules. rules. The Commission’s Handbook on section 337 based upon the importation
Hearing.—The Commission will hold E-Filing, available on the Commission’s into the United States, the sale for
a hearing in connection with the final Web site at http://edis.usitc.gov, importation, and the sale within the
phase of these investigations beginning elaborates upon the Commission’s rules United States after importation of
at 9:30 a.m. on Tuesday, October 18, with respect to electronic filing. certain carbon spine board, cervical
2016, at the U.S. International Trade Additional written submissions to the collar, CPR masks and various medical
Commission Building. Requests to Commission, including requests training manikin devices, and
appear at the hearing should be filed in pursuant to section 201.12 of the trademarks, copyrights of product
writing with the Secretary to the Commission’s rules, shall not be catalogues, product inserts and
Commission on or before October 12, accepted unless good cause is shown for components thereof by reason of
2016. A nonparty who has testimony accepting such submissions, or unless infringement of certain claims of U.S.
that may aid the Commission’s the submission is pursuant to a specific Patent No. 6,090,058 (‘‘the ’058 patent’’);
deliberations may request permission to request by a Commissioner or certain claims of U.S. Patent No.
present a short statement at the hearing. Commission staff. 6,170,486 (‘‘the ’486 patent’’); U.S.
All parties and nonparties desiring to In accordance with sections 201.16(c) Copyright Registration No. VA 1–879–
appear at the hearing and make oral and 207.3 of the Commission’s rules, 023 (‘‘the ’023 copyright’’); U.S.
presentations should participate in a each document filed by a party to the Copyright Registration No. VA 1–879–
prehearing conference to be held on investigations must be served on all 026 (‘‘the ’026 copyright’’), U.S.
October 17, 2016, at the U.S. other parties to the investigations (as Trademark Registration No. 3,735,147
International Trade Commission identified by either the public or BPI (‘‘the ’147 trademark’’); and U.S.
Building, if deemed necessary. Oral service list), and a certificate of service Trademark Registration No. 3,476,656
testimony and written materials to be must be timely filed. The Secretary will (‘‘the ’656 trademark’’), and that an
submitted at the public hearing are not accept a document for filing without industry in the United States exists as
governed by sections 201.6(b)(2), a certificate of service. required by section (a)(2) of section 337.
201.13(f), and 207.24 of the
Authority: These investigations are being The amended complaint further alleges
Commission’s rules. Parties must submit
conducted under authority of title VII of the violations of section 337 based upon the
any request to present a portion of their
Tariff Act of 1930; this notice is published importation into the United States, or in
hearing testimony in camera no later
pursuant to section 207.21 of the the sale of certain carbon spine board,
than 7 business days prior to the date of Commission’s rules. cervical collar, CPR masks and various
the hearing.
Written submissions.—Each party By order of the Commission. medical training manikin devices, and
who is an interested party shall submit Issued: June 21, 2016. trademarks, copyrights of product
a prehearing brief to the Commission. William R. Bishop,
catalogues, product inserts and
Prehearing briefs must conform with the components thereof by reason of
Supervisory Hearings and Information
provisions of section 207.23 of the Officer.
common law trademark infringement
Commission’s rules; the deadline for and trade dress misappropriation and
[FR Doc. 2016–14977 Filed 6–23–16; 8:45 am]
filing is October 11, 2016. Parties may infringement, the threat or effect of
BILLING CODE 7020–02–P
also file written testimony in connection which is to destroy or substantially
with their presentation at the hearing, as injure an industry in the United States.
provided in section 207.24 of the INTERNATIONAL TRADE The complainants request that the
Commission’s rules, and posthearing COMMISSION Commission institute an investigation
briefs, which must conform with the and, after the investigation, issue a
[Investigation No. 337–TA–1008] general exclusion order, or in the
provisions of section 207.25 of the
Commission’s rules. The deadline for alternative, a limited exclusion order
Certain Carbon Spine Board, Cervical and cease and desist orders.
filing posthearing briefs is October 25, Collar, CPR Masks and Various
2016. In addition, any person who has ADDRESSES: The amended complaint,
Medical Training Manikin Devices, and
not entered an appearance as a party to except for any confidential information
Trademarks, Copyrights of Product
the investigations may submit a written contained therein, is available for
Catalogues, Product Inserts and
statement of information pertinent to inspection during official business
Components Thereof; Institution of
the subject of the investigations, hours (8:45 a.m. to 5:15 p.m.) in the
Investigation
including statements of support or Office of the Secretary, U.S.
opposition to the petitions, on or before AGENCY: U.S. International Trade International Trade Commission, 500 E
October 25, 2016. On November 10, Commission. Street SW., Room 112, Washington, DC
2016, the Commission will make 20436, telephone (202) 205–2000.
sradovich on DSK3GDR082PROD with NOTICES
ACTION: Notice.
available to parties all information on Hearing impaired individuals are
which they have not had an opportunity SUMMARY: Notice is hereby given that a advised that information on this matter
to comment. Parties may submit final complaint was filed with the U.S. can be obtained by contacting the
comments on this information on or International Trade Commission on Commission’s TDD terminal on (202)
before November 14, 2016, but such March 21, 2016, under section 337 of 205–1810. Persons with mobility
final comments must not contain new the Tariff Act of 1930, as amended, 19 impairments who will need special
factual information and must otherwise U.S.C. 1337, on behalf of Laerdal assistance in gaining access to the
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Document Created: 2016-06-24 00:53:10
Document Modified: 2016-06-24 00:53:10
| 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 | Mary Messer (202-205-3193), 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 41348 |
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