81 FR 6042 - Truck and Bus Tires From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 23 (February 4, 2016)

Page Range		6042-6043
FR Document		2016-02066

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-556 and 731-TA-1311 (Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether there is a reasonable indication that 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 truck and bus tires from China, provided for in statistical reporting numbers 4011.20.1015 and 4011.20.5020 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by March 14, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by March 21, 2016.

Federal Register, Volume 81 Issue 23 (Thursday, February 4, 2016)

[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6042-6043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02066]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-556 and 731-TA-1311 (Preliminary)]


Truck and Bus Tires From China; Institution of Antidumping and 
Countervailing Duty Investigations and Scheduling of Preliminary Phase 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigation Nos. 701-TA-556 and 731-TA-1311 
(Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether there is a reasonable indication that 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 truck and bus tires from 
China, provided for in statistical reporting numbers 4011.20.1015 and 
4011.20.5020 of the Harmonized Tariff Schedule of the United States, 
that are alleged to be sold in the United States at less than fair 
value and alleged to be subsidized by the Government of China. Unless 
the Department of Commerce extends the time for initiation, the 
Commission must reach a preliminary determination in antidumping and 
countervailing duty investigations in 45 days, or in this case by March 
14, 2016. The Commission's views must be transmitted to Commerce within 
five business days thereafter, or by March 21, 2016.

DATES: Effective Date: January 29, 2016.

FOR FURTHER INFORMATION CONTACT: Nathanael N. Comly, 202-205-3174, 
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 this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. These investigations are being instituted, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), in response to a petition filed on January 29, 
2016, by United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union, 
Pittsburg, PA.
    For further information concerning the conduct of these 
investigations 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 B (19 CFR part 207).
    Participation in the investigation and public service list. Persons 
(other than petitioners) wishing to participate in the investigations 
as parties must file an entry of appearance with the Secretary to the 
Commission, as provided in sections 201.11 and 207.10 of the 
Commission's rules, not later than seven days after publication of this 
notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping duty and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    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 these investigations available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. 1677(9)) who 
are parties to the investigations under the APO issued in the 
investigations, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference. The Commission's Director of Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on February 19, 2016, at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC. Requests to appear at the 
conference should be emailed to [email protected] and 
[email protected] (do not file on EDIS) on or before February 
17, 2016.

[[Page 6043]]

Parties in support of the imposition of countervailing and antidumping 
duties in these investigations and parties in opposition to the 
imposition of such duties will each be collectively allocated one hour 
within which to make an oral presentation at the conference. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the conference.
    Written submissions. As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before February 24, 2016, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference. If briefs or written testimony contain 
BPI, they must conform with the requirements of sections 201.6, 207.3, 
and 207.7 of the Commission's rules. Please consult the Commission's 
rules, as amended, 76 FR 61937 (Oct. 6, 2011) and the Commission's 
Handbook on Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on 
the Commission's Web site at http://edis.usitc.gov.
    In accordance with sections 201.16(c) and 207.3 of the 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 207.12 of the Commission's rules.

    By order of the Commission.

     Issued: January 29, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-02066 Filed 2-3-16; 8:45 am]
 BILLING CODE 7020-02-P

6042 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Notices

patent’’); 8,776,738; 8,820,276 (‘‘the ’276 INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION:
patent’’); and 7,059,282 (‘‘the ’282 COMMISSION Background. These investigations are
patent’’). The complaint further alleged being instituted, pursuant to sections
[Investigation Nos. 701–TA–556 and 731– 703(a) and 733(a) of the Tariff Act of
that a domestic industry exists or is in TA–1311 (Preliminary)]
the process of being established. The 1930 (19 U.S.C. 1671b(a) and 1673b(a)),
Commission’s Notice of Investigation Truck and Bus Tires From China; in response to a petition filed on
named the following respondents: Fiat Institution of Antidumping and January 29, 2016, by United Steel, Paper
Chrysler Automobiles N.V. (‘‘Fiat’’) of Countervailing Duty Investigations and and Forestry, Rubber, Manufacturing,
Scheduling of Preliminary Phase Energy, Allied Industrial and Service
Slough, United Kingdom; FCA US LLC
Investigations Workers International Union, Pittsburg,
of Auburn Hills, Michigan; FCA Mexico,
PA.
S.A. de C.V. of Sante Fe, Mexico; FCA For further information concerning
AGENCY: United States International
Melfi S.p.A. of Melfi, Italy; and FCA Trade Commission. the conduct of these investigations and
Serbia d.o.o. Kragujevac of Kragujevac, rules of general application, consult the
ACTION: Notice.
Serbia. The Office of Unfair Import Commission’s Rules of Practice and
Investigations is not participating in the SUMMARY: The Commission hereby gives Procedure, part 201, subparts A and B
investigation. Respondent Fiat and the notice of the institution of investigations (19 CFR part 201), and part 207,
following patents and patent claims and commencement of preliminary subparts A and B (19 CFR part 207).
were later terminated from the phase antidumping and countervailing Participation in the investigation and
investigation: (1) The ’397 patent (ALJ’s duty investigation Nos. 701–TA–556 public service list. Persons (other than
Order No. 6, unreviewed, Comm’n and 731–TA–1311 (Preliminary) petitioners) wishing to participate in the
Notice Aug. 18, 2015); (2) the ’492 pursuant to the Tariff Act of 1930 (‘‘the investigations as parties must file an
patent (ALJ’s Order No. 8, unreviewed, Act’’) to determine whether there is a entry of appearance with the Secretary
Comm’n Notice Oct. 26, 2015); (3) reasonable indication that an industry to the Commission, as provided in
Claims 3, 5, 13–16, 18–19, 22, 35–36, in the United States is materially sections 201.11 and 207.10 of the
38–44, 46–48, 50, and 54–56 of the ’738 injured or threatened with material Commission’s rules, not later than seven
injury, or the establishment of an days after publication of this notice in
patent; claims 1–5, 7, 10, 19–23, and
industry in the United States is the Federal Register. Industrial users
26–28 of the ’276 patent; and Fiat (see
materially retarded, by reason of and (if the merchandise under
ALJ’s Order No. 13, unreviewed, investigation is sold at the retail level)
Comm’n Notice Dec. 21, 2015); and (4) imports of truck and bus tires from
China, provided for in statistical representative consumer organizations
the ’282 patent (see ALJ’s Order No. 15, have the right to appear as parties in
unreviewed, Comm’n Notice Jan. 29, reporting numbers 4011.20.1015 and
4011.20.5020 of the Harmonized Tariff Commission antidumping duty and
2016). countervailing duty investigations. The
Schedule of the United States, that are
On January 6, 2016, complainant alleged to be sold in the United States Secretary will prepare a public service
moved for termination of the at less than fair value and alleged to be list containing the names and addresses
investigation based on withdrawal of subsidized by the Government of China. of all persons, or their representatives,
the complaint. No party opposed the Unless the Department of Commerce who are parties to these investigations
motion. extends the time for initiation, the upon the expiration of the period for
Commission must reach a preliminary filing entries of appearance.
On January 7, 2016, the ALJ issued Limited disclosure of business
the subject ID (Order No. 16) granting determination in antidumping and
proprietary information (BPI) under an
complainant’s motion and finding that countervailing duty investigations in 45
administrative protective order (APO)
the motion for termination satisfies days, or in this case by March 14, 2016.
and BPI service list. Pursuant to section
Commission Rule 210.21(a)(1) and that The Commission’s views must be
207.7(a) of the Commission’s rules, the
transmitted to Commerce within five
no ‘‘extraordinary circumstances’’ exist Secretary will make BPI gathered in
business days thereafter, or by March
that would preclude granting the these investigations available to
21, 2016.
motion. No party petitioned for review authorized applicants representing
DATES: Effective Date: January 29, 2016. interested parties (as defined in 19
of the ID.
FOR FURTHER INFORMATION CONTACT: U.S.C. 1677(9)) who are parties to the
The Commission has determined not
Nathanael N. Comly, 202–205–3174, investigations under the APO issued in
to review the ID and the Commission
Office of Investigations, U.S. the investigations, provided that the
has terminated the investigation. International Trade Commission, 500 E application is made not later than seven
The authority for the Commission’s Street SW., Washington, DC 20436. days after the publication of this notice
determination is contained in section Hearing-impaired persons can obtain in the Federal Register. A separate
337 of the Tariff Act of 1930, as information on this matter by contacting service list will be maintained by the
amended (19 U.S.C. 1337), and in part the Commission’s TDD terminal on 202– Secretary for those parties authorized to
210 of the Commission’s Rules of 205–1810. Persons with mobility receive BPI under the APO.
Practice and Procedure (19 CFR part impairments who will need special Conference. The Commission’s
210). assistance in gaining access to the Director of Investigations has scheduled
Commission should contact the Office a conference in connection with these
asabaliauskas on DSK5VPTVN1PROD with NOTICES

By order of the Commission.
of the Secretary at 202–205–2000. investigations for 9:30 a.m. on February
Dated: January 29, 2016. General information concerning the 19, 2016, at the U.S. International Trade
Lisa R. Barton, Commission may also be obtained by Commission Building, 500 E Street SW.,
Secretary to the Commission. accessing its Internet server (http:// Washington, DC. Requests to appear at
[FR Doc. 2016–02018 Filed 2–3–16; 8:45 am] www.usitc.gov). The public record for the conference should be emailed to
BILLING CODE 7020–02–P
this investigation may be viewed on the William.bishop@usitc.gov and
Commission’s electronic docket (EDIS) Sharon.bellamy@usitc.gov (do not file
at http://edis.usitc.gov. on EDIS) on or before February 17, 2016.

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Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Notices 6043

Parties in support of the imposition of Respondent’s DEA Certificate of attorney who was representing him in a
countervailing and antidumping duties Registration FW2729804, and the denial state court challenge to the MBC’s order,
in these investigations and parties in of any pending application to renew or thus suggesting that the attorney was
opposition to the imposition of such modify the registration, on ground that representing him in this matter. Id.
duties will each be collectively he ‘‘do[es] not have authority to practice Thereafter, the Chief Administrative
allocated one hour within which to medicine or handle controlled Law Judge (CALJ) issued an order
make an oral presentation at the substances in California, the state in directing the Government to file
conference. A nonparty who has which he is registered with the DEA.’’ evidence to support its allegation that
testimony that may aid the Show Cause Order, at 1 (citing 21 U.S.C. Respondent lacks state authority to
Commission’s deliberations may request 823(f) and 824(a)(3)).1 handle controlled substances as well as
permission to present a short statement The Show Cause Order alleged that any motion for summary disposition
at the conference. Respondent is registered with the DEA based on this ground no later than
Written submissions. As provided in as a practitioner, pursuant to which he September 8, 2015; the order also
sections 201.8 and 207.15 of the is authorized to dispense controlled directed that if the Government filed
Commission’s rules, any person may substances in Schedules II through V, at such a motion, Respondent was to file
submit to the Commission on or before the registered address of 99 N. San his response no later than September 22,
February 24, 2016, a written brief Antonio Ave., #140, Upland, California. 2015. GX 5, at 1–2. In his order, the
containing information and arguments Id. The Order also alleged that CALJ also noted that although
pertinent to the subject matter of the Respondent’s registration does not Respondent’s Hearing Request listed the
investigations. Parties may file written expire until May 31, 2017. Id. attorney retained to represent his appeal
testimony in connection with their The Show Cause Order further alleged of the decision of the California Medical
presentation at the conference. If briefs that effective September 12, 2014, the Board, there was no indication that this
or written testimony contain BPI, they Medical Board of California (MBC) attorney was also representing him in
must conform with the requirements of revoked Respondent’s California the instant proceeding, and thus
sections 201.6, 207.3, and 207.7 of the Physician’s and Surgeon’s Certificate, Respondent’s hearing request was
Commission’s rules. Please consult the based on the recommendation of a state construed to be ‘‘a pro se request.’’ Id.
Commission’s rules, as amended, 76 FR Administrative Law Judge (ALJ), who A copy of the CALJ’s order was mailed
61937 (Oct. 6, 2011) and the had conducted a hearing. Id. The Show postage pre-paid to Respondent at 2058
Commission’s Handbook on Filing Cause Order thus alleged that N. Mills Avenue #142, Claremont,
Procedures, 76 FR 62092 (Oct. 6, 2011), Respondent is currently ‘‘without California, the address listed on the
available on the Commission’s Web site authority to handle controlled envelope containing Respondent’s
at http://edis.usitc.gov. substances in California, the state in Hearing Request. GX 9, at 2; see also GX
In accordance with sections 201.16(c) which [he is] registered with the’’ 5, at 2.
and 207.3 of the rules, each document Agency, and that ‘‘DEA must revoke Thereafter, the Government filed a
filed by a party to the investigations [his] registration.’’ Id. (citing 21 U.S.C. motion requesting that the CALJ deny
must be served on all other parties to 802(21), 823(f), 824(a)(3)). Respondent’s request for a hearing on
the investigations (as identified by The Show Cause Order also notified the ground that it was not timely filed
either the public or BPI service list), and Respondent of his right to request a pursuant to 21 CFR 1301.43(a), which
a certificate of service must be timely hearing on the allegations or to submit requires the filing of a written request
filed. The Secretary will not accept a a written statement in lieu of a hearing, for hearing ‘‘within 30 days after the
document for filing without a certificate the procedure for electing either option, date of receipt of the order to show
of service. and the consequence of failing to elect cause.’’ GX 6, at 1 (Motion to Preclude
Authority: These investigations are being either option. Id. at 2 (citing 21 CFR Response to the Order to Show Cause).
conducted under authority of title VII of the 1301.43). The Show Cause Order further Therein, the Government argued that
Tariff Act of 1930; this notice is published explained that ‘‘[m]atters are deemed
pursuant to section 207.12 of the Respondent’s hearing request was filed
filed upon receipt by the Hearing 40 days after the date of service of the
Commission’s rules.
Clerk.’’ Id. Order to Show Cause, and that
By order of the Commission. On July 15, 2015, DEA Diversion Respondent had not shown good cause
Issued: January 29, 2016. Investigators (DIs) went to a location in for the untimely filing. The Government
Lisa R. Barton, Claremont, California which they thus argued that Respondent had
Secretary to the Commission. believed to be Respondent’s residence. waived his right to a hearing and that
[FR Doc. 2016–02066 Filed 2–3–16; 8:45 am] GX 3. The DI verified that the location the CALJ should issue an order denying
BILLING CODE 7020–02–P was Respondent’s address with a his hearing request and forwarding the
neighbor and a pool maintenance file to the Administrator for a final
employee. Id. The DI then left the Show decision. Id. at 3.
DEPARTMENT OF JUSTICE Cause Order ‘‘on his front door.’’ Id; see On the same date, the Government
also GX 6, at 11–12 (Declaration of DI). also filed a Motion for Summary
Drug Enforcement Administration Thereafter, Respondent submitted a
Disposition. Therein, the Government
request for hearing to the DEA Office of
requested that the CALJ ‘‘issue a
Louis Watson, M.D.; Decision and Administrative Law Judges (OALJ).
Recommended Decision to summarily
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Order While Respondent’s request was dated
revoke’’ Respondent’s DEA registration
August 9, 2015, it was not received by
On July 9, 2015, the Deputy Assistant on the ground that he lacks state
the OALJ until August 24, 2015. GX4.
Administrator, Office of Diversion authority to dispense controlled
In his Hearing Request, Respondent
Control, Drug Enforcement substances in California, the State in
listed the name and address of the
Administration (DEA), issued an Order which he hold his registration. GX 7, at
to Show Cause to Louis Watson, M.D. 1 The Show Cause Order also proposed the denial 1–2. As support for its motion, the
(Respondent). The Show Cause Order of any other pending application. Show Cause Government submitted copies of the
proposed the revocation of Order, at 1. MBC’s Decision and the state ALJ’s

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Document Created: 2016-02-04 00:30:50
Document Modified: 2016-02-04 00:30:50

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		Nathanael N. Comly, 202-205-3174, 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 this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FR Citation		81 FR 6042