81 FR 62760 - Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 176 (September 12, 2016)
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62760-62762 | |
| FR Document | 2016-21847 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62760-62762] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21847] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-552-553 and 731-TA-1308 (Final)] Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka; 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-552-553 and 731-TA-1308 (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 subsidized imports from India \1\ and Sri Lanka and less-than-fair-value imports from India of certain new pneumatic off-the-road-tires, provided for in subheadings 4011.20.10, 4011.20.50, 4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 4011.93.80, 4011.94.40, 4011.94.80, [[Page 62761]] 8431.49.90, 8709.90.00, and 8716.90.10 of the Harmonized Tariff Schedule of the United States.2 3 --------------------------------------------------------------------------- \1\ The Department of Commerce has preliminarily determined that imports of certain new pneumatic off-the-road tires from India are not being, or are not likely to be, sold in the United States at less than fair value. \2\ Certain new pneumatic off-the-road-tires may also be imported under the following HTS provisions: 4011.99.45, 4011.99.85, 8424.90.90, 8431.20.00, 8431.39.00, 8431.49.10, 8431.49.90, 8432.90.00, 8433.90.50, 8503.00.95, 8708.70.05, 8708.70.25, 8708.70.45, and 8716.90.50. \3\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as certain new pneumatic off-the-road tires. For a full description of the scope of these investigations, including product exclusions, see Certain New Pneumatic Off-the-Road Tires from India: Negative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 55431, August 19, 2016. --------------------------------------------------------------------------- DATES: Effective Date: August 19, 2016. FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176), 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 India and Sri Lanka of certain new pneumatic off-the-road-tires. The investigations were requested in petitions filed on January 8, 2016, by Titan Tire Corporation of Des Moines, Iowa (``Titan'') and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania (``USW''). 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 certain new pneumatic off-the-road-tires from India are not being, or are not likely to be, sold in the United States at less than fair value, for purposes of efficiency the Commission hereby waives rule 207.21(b) \4\ so that the final phase of the investigation may proceed concurrently in the event that Commerce makes a final affirmative determination with respect to such imports. --------------------------------------------------------------------------- \4\ 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 December 20, 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 Wednesday, January 04, 2017, 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 December 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 January 3, 2017, 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 December 28, 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 January 11, 2017. 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 January 11, 2017. On January 27, 2017, 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 January 31, 2017, 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 [[Page 62762]] 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: September 7, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-21847 Filed 9-9-16; 8:45 am] BILLING CODE 7020-02-P
![62760 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
Department of the Interior, Bureau of 97504. The BLM appreciates all adjustments in the boundary of
Land Management (BLM), the comments. Delaware Water Gap National
Southwest Oregon Resource Advisory Recreation Area by publication of the
Elizabeth Burghard,
Council (RAC) will meet as indicated amended description thereof in the
below. Medford District Manager. Federal Register: Provided, that the area
[FR Doc. 2016–21823 Filed 9–9–16; 8:45 am] encompassed by such adjusted
DATES: The Southwest Oregon RAC will BILLING CODE 4310–33–P boundary shall not exceed the acreage
hold a public meeting Wednesday,
included within the detailed boundary
October 12th, 2016 from 12:00 p.m. to
first described in the Federal Register
5:00 p.m. and Thursday, October 13th, DEPARTMENT OF THE INTERIOR on June 7, 1977 (Vol. 42, No. 109, pp
2016, from 8:00 a.m. to 4:00 p.m.
National Park Service 29071–29103). This boundary
ADDRESSES: The Southwest Oregon RAC adjustment does not exceed the acreage
will meet at the Medford District Office, [NPS–NER–DEWA–21468; of the detailed boundary so described.
3040 Biddle Road, Medford, OR 97504. PX.DDEWA0009.00.1] The Conservation Fund will donate its
The RAC will review and make fee interest in the land to the United
recommendations on Secure Rural Boundary Adjustment at Delaware States, as part of an agreement to help
Schools and Community Self- Water Gap National Recreation Area mitigate the effects of the upgrade and
Determination Act Title II project expansion of the existing Susquehanna-
proposals. On Thursday, October 13th, AGENCY:National Park Service, Interior.
Roseland electric transmission line
the public comment period will occur ACTION:Notification of Boundary
across approximately 4.3 miles of the
from 8:15–9:00 a.m. Adjustment.
national recreation area.
FOR FURTHER INFORMATION CONTACT: SUMMARY: The boundary of Delaware Dated: July 12, 2016.
Christina Beslin, Coordinator for the Water Gap National Recreation Area is Jonathan Meade,
Southwest Oregon RAC, 3040 Biddle adjusted to include two parcels of land Deputy Regional Director, Northeast Region.
Rd., Medford, OR 97504, (541) 618– totaling 27.85 acres, more or less. Fee [FR Doc. 2016–21792 Filed 9–9–16; 8:45 am]
2371, cbeslin@blm.gov, or Jim simple interest in the land will be BILLING CODE 4310–WV–P
Whittington, Public Affairs Specialist, donated to the United States. The
3040 Biddle Rd., Medford, OR 97504, properties are located in Delaware
(541) 618–2220, jwhittin@blm.gov. Township, Pike County, and Smithfield
Persons who use a telecommunications INTERNATIONAL TRADE
Township, Monroe County,
device for the deaf (TDD) may call the COMMISSION
Pennsylvania, adjacent to the current
Federal Information Relay Service boundary of Delaware Water Gap [Investigation Nos. 701–TA–552–553 and
(FIRS) at 1 (800) 877–8339 to contact the National Recreation Area. 731–TA–1308 (Final)]
above individuals during normal
DATES: The effective date of this
business hours. The FIRS is available 24 Certain New Pneumatic Off-the-Road
boundary adjustment is September 12, Tires From India and Sri Lanka;
hours a day, 7 days a week, to leave a
2016. Scheduling of the Final Phase of
message or question with the above
individuals. You will receive a reply ADDRESSES: The map depicting this Countervailing Duty and Antidumping
during normal business hours. boundary adjustment is available for Duty Investigations
SUPPLEMENTARY INFORMATION: The
inspection at the following locations:
AGENCY: United States International
fifteen-member Southwest Oregon RAC National Park Service, Land Resources
Trade Commission.
was chartered to serve in an advisory Program Center, Northeast Region, 200
ACTION: Notice.
capacity concerning the planning and Chestnut Street, Philadelphia, PA
management of the public land 19106, and National Park Service, SUMMARY: The Commission hereby gives
resources located within the BLM’s Department of the Interior, 1849 C Street notice of the scheduling of the final
Medford, Roseburg and Lakeview NW., Washington, DC 20240. phase of antidumping and
Districts. Members represent an array of FOR FURTHER INFORMATION CONTACT: countervailing duty investigation Nos.
stakeholder interests in the land and Superintendent John J. Donahue, 701–TA–552–553 and 731–TA–1308
resources from within the local area and Delaware Water Gap National (Final) pursuant to the Tariff Act of
statewide. Planned agenda items Recreation Area, 1978 River Road (Off 1930 (‘‘the Act’’) to determine whether
include reviewing and voting on US209), Bushkill, PA 18324, telephone an industry in the United States is
Recreation Fee submissions for (570) 426–2418. materially injured or threatened with
Roseburg in Southwest Oregon. On the SUPPLEMENTARY INFORMATION: Notice is material injury, or the establishment of
second day members of the public will hereby given that, pursuant to 16 U.S.C. an industry in the United States is
have the opportunity to make comments 460o–2(b), the boundary of Delaware materially retarded, by reason of
to the RAC during a public comment Water Gap National Recreation Area is subsidized imports from India 1 and Sri
period. All advisory committee adjusted to include 27.82 acres of land, Lanka and less-than-fair-value imports
meetings are open to the public. Persons more or less, comprised of two parcels from India of certain new pneumatic off-
wishing to make comments during the of land: 22.85 acres (Section 163.00, the-road-tires, provided for in
public comment period should register Block 01, Lot 23) in Delaware subheadings 4011.20.10, 4011.20.50,
in person with the BLM, at the meeting Township, Pike County, Pennsylvania; 4011.61.00, 4011.62.00, 4011.63.00,
sradovich on DSK3GMQ082PROD with NOTICES
location, proceeding that meeting day’s and 5 acres (Tax Parcel 16/1/1/57) in 4011.69.00, 4011.92.00, 4011.93.40,
comment period. Depending on the Smithfield Township, Monroe County, 4011.93.80, 4011.94.40, 4011.94.80,
number of persons wishing to comment, Pennsylvania. This boundary
1 The Department of Commerce has preliminarily
the length of comments may be limited. adjustment is depicted on Map No. 620/
determined that imports of certain new pneumatic
The public may send written comments 132,481 dated April 27, 2016. off-the-road tires from India are not being, or are not
to the RAC at the Medford District 16 U.S.C. 460o–2(b) states that the likely to be, sold in the United States at less than
office, 3040 Biddle Rd., Medford, OR Secretary of the Interior may make fair value.
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![62762 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
Handbook on E-Filing, available on the hours (8:45 a.m. to 5:15 p.m.) in the Issued: September 7, 2016.
Commission’s Web site at http:// Office of the Secretary, U.S. Lisa R. Barton,
edis.usitc.gov, elaborates upon the International Trade Commission, 500 E Secretary to the Commission.
Commission’s rules with respect to Street SW., Washington, DC 20436, [FR Doc. 2016–21848 Filed 9–9–16; 8:45 am]
electronic filing. telephone (202) 205–2000. General BILLING CODE 7020–02–P
Additional written submissions to the information concerning the Commission
Commission, including requests may also be obtained by accessing its
pursuant to section 201.12 of the Internet server at http://www.usitc.gov. INTERNATIONAL TRADE
Commission’s rules, shall not be The public record for this investigation COMMISSION
accepted unless good cause is shown for may be viewed on the Commission’s
accepting such submissions, or unless electronic docket (EDIS) at http:// [USITC SE–16–032]
the submission is pursuant to a specific edis.usitc.gov. Hearing-impaired
Government in the Sunshine Act
request by a Commissioner or persons are advised that information on
Meeting Notice
Commission staff. this matter can be obtained by
In accordance with sections 201.16(c) contacting the Commission TDD AGENCY HOLDING THE MEETING: United
and 207.3 of the Commission’s rules, terminal on (202) 205–1810. States International Trade Commission.
each document filed by a party to the
SUPPLEMENTARY INFORMATION: The TIME AND DATE: September 16, 2016 at
investigations must be served on all
other parties to the investigations (as Commission instituted this investigation 11:00 a.m.
identified by either the public or BPI on January 14, 2016, based on an PLACE: Room 101, 500 E Street SW.,
service list), and a certificate of service amended complaint filed by Saxon Washington, DC 20436, Telephone:
must be timely filed. The Secretary will Glass Technologies, Inc. of Alfred, New (202) 205–2000.
not accept a document for filing without York (‘‘Saxon’’). 81 FR 1965 (Jan. 14, STATUS: Open to the public.
a certificate of service. 2016). The amended complaint alleged
MATTERS TO BE CONSIDERED:
violations of section 337 of the Tariff
Authority: These investigations are being 1. Agendas for future meetings: None.
Act of 1930, as amended (19 U.S.C.
conducted under authority of title VII of the 2. Minutes.
1337), in the importation into the
Tariff Act of 1930; this notice is published 3. Ratification List.
pursuant to section 207.21 of the United States, the sale for importation,
4. Vote in Inv. No. 731–TA–808
Commission’s rules. or the sale within the United States after
(Third Review) (Hot-Rolled Carbon Steel
importation of certain electronic devices
By order of the Commission. Flat Products from Russia). The
containing strengthened glass and
Issued: September 7, 2016. Commission is currently scheduled to
packaging thereof. The alleged violation
Lisa R. Barton, complete and file its determination and
of section 337 is based upon U.S.
Secretary to the Commission. views of the Commission on September
Trademark Registration No. 2,639,419,
29, 2016.
[FR Doc. 2016–21847 Filed 9–9–16; 8:45 am] as well as common law trademark
5. Outstanding action jackets: None.
BILLING CODE 7020–02–P infringement and dilution. The notice of
In accordance with Commission
investigation named as the respondent
policy, subject matter listed above, not
Apple Inc. of Cupertino, California
INTERNATIONAL TRADE disposed of at the scheduled meeting,
(‘‘Apple’’). 81 FR 1965. The Office of
COMMISSION may be carried over to the agenda of the
Unfair Import Investigations was also
following meeting. Earlier notification
[Investigation No. 337–TA–981] named as a party.
of this meeting was not possible.
On July 25, 2016, Saxon moved to
Certain Electronic Devices Containing By order of the Commission.
terminate the investigation in its Issued: September 7, 2016.
Strengthened Glass and Packaging entirety based upon withdrawal of the
Thereof; Termination of an William R. Bishop,
complaint. On July 27, 2016, Apple
Investigation on the Basis of responded in opposition to the motion. Supervisory Hearings and Information
Withdrawal of the Complaint Officer.
On August 1, 2016, the Commission
[FR Doc. 2016–21918 Filed 9–8–16; 11:15 am]
AGENCY: U.S. International Trade investigative attorney responded in
support of the motion. BILLING CODE 7020–02–P
Commission.
ACTION: Notice. On August 10, 2016, the ALJ granted
the motion as the subject ID (Order No. INTERNATIONAL TRADE
SUMMARY: Notice is hereby given that 12). The ALJ found that the motion COMMISSION
the U.S. International Trade complied with Commission Rules, and
Commission has determined not to that extraordinary circumstances did [Investigation Nos. 731–TA–1334–1337
review the presiding administrative law not exist to prevent granting the motion. (Preliminary)]
judge’s (‘‘ALJ’’) initial determination Id. at 2–3; see 19 CFR 210.21(a).
(‘‘ID’’) (Order No. 12), which terminated Emulsion Styrene-Butadiene Rubber
No petitions for review of the ID were From Brazil, Korea, Mexico, and
the investigation on the basis of filed. The Commission has determined
withdrawal of the complaint. Poland
not to review the ID.
FOR FURTHER INFORMATION CONTACT: Determinations
Sidney A. Rosenzweig, Office of the The authority for the Commission’s
sradovich on DSK3GMQ082PROD with NOTICES
determination is contained in section On the basis of the record 1 developed
General Counsel, U.S. International
337 of the Tariff Act of 1930, as in the subject investigations, the United
Trade Commission, 500 E Street SW.,
amended (19 U.S.C. 1337), and in Part States International Trade Commission
Washington, DC 20436, telephone (202)
210 of the Commission’s Rules of (‘‘Commission’’) determines, pursuant
708–2532. Copies of non-confidential
documents filed in connection with this Practice and Procedure (19 CFR part
1 The record is defined in sec. 207.2(f) of the
investigation are or will be available for 210).
Commission’s Rules of Practice and Procedure (19
inspection during official business By order of the Commission. CFR 207.2(f)).
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Document Created: 2016-09-10 00:56:49
Document Modified: 2016-09-10 00:56:49
| 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 | Edward Petronzio (202-205-3176), 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 62760 |
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