81 FR 78186 - 1,1,1,2-Tetrafluoroethane (R-134a) from China; Scheduling of the Final Phase of an Antidumping Duty Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 215 (November 7, 2016)
Federal Register Volume 81, Issue 215 (November 7, 2016)
| Page Range | 78186-78187 | |
| FR Document | 2016-26780 |
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)] [Notices] [Pages 78186-78187] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26780] [[Page 78186]] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1313 (Final)] 1,1,1,2-Tetrafluoroethane (R-134a) from China; Scheduling of the Final Phase of an Antidumping Duty Investigation AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1313 (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 1,1,1,2- tetrafluoroethane (R-134a) from China, provided for in subheading 2903.39.20 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fair-value.\1\ --------------------------------------------------------------------------- \1\ For purposes of this investigation, the Department of Commerce has defined the subject merchandise as 1,1,1,2- Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2- Tetrafluoroethane is CF3 CH2 F, and the Chemical Abstracts Service registry number is CAS 811-97-2. --------------------------------------------------------------------------- DATES: Effective Date: October 7, 2016. FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.--The final phase of this investigation is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary determination by the Department of Commerce that imports of 1,1,1,2- tetrafluoroethane (R-134a) from China 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 investigation was requested in a petition filed on March 3, 2016, by the American HFC Coalition and its individual members (Amtrol, Inc., West Warwick, Rhode Island; Arkema, Inc., King of Prussia, Pennsylvania; The Chemours Company FC LLC, Wilmington, Delaware; Honeywell International Inc., Morristown, New Jersey; Hudson Technologies, Pearl River, New York; Mexichem Fluor Inc., St. Gabriel, Louisiana; and Worthington Industries, Inc., Columbus, Ohio) and District Lodge 154 of the International Association of Machinists and Aerospace Workers. For further information concerning the conduct of this phase of the investigation, 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 investigation 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 this investigation 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 investigation 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 investigation. 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 this investigation available to authorized applicants under the APO issued in the investigation, 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 investigation. A party granted access to BPI in the preliminary phase of the investigation 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 this investigation will be placed in the nonpublic record on February 8, 2017, 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 this investigation beginning at 9:30 a.m. on Thursday, February 23, 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 February 16, 2017. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on February 21, 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 February 15, 2017. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is March 2, 2017. In addition, any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the subject of the investigation, including statements of support or opposition to the petition, on or before March 2, 2017. On March 17, 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 March 21, 2017, but such final comments must not contain new factual information and must otherwise comply [[Page 78187]] 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 https://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 investigation must be served on all other parties to the investigation (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: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: November 1, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-26780 Filed 11-4-16; 8:45 am] BILLING CODE 7020-02-P
![78186 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices
INTERNATIONAL TRADE are being sold in the United States at Secretary for those parties authorized to
COMMISSION less than fair value within the meaning receive BPI under the APO.
of section 733 of the Act (19 U.S.C. Staff report.—The prehearing staff
[Investigation No. 731–TA–1313 (Final)] report in the final phase of this
1673b). The investigation was requested
1,1,1,2-Tetrafluoroethane (R–134a) in a petition filed on March 3, 2016, by investigation will be placed in the
from China; Scheduling of the Final the American HFC Coalition and its nonpublic record on February 8, 2017,
Phase of an Antidumping Duty individual members (Amtrol, Inc., West and a public version will be issued
Investigation Warwick, Rhode Island; Arkema, Inc., thereafter, pursuant to section 207.22 of
King of Prussia, Pennsylvania; The the Commission’s rules.
AGENCY: United States International Chemours Company FC LLC, Hearing.—The Commission will hold
Trade Commission. Wilmington, Delaware; Honeywell a hearing in connection with the final
ACTION: Notice. International Inc., Morristown, New phase of this investigation beginning at
Jersey; Hudson Technologies, Pearl 9:30 a.m. on Thursday, February 23,
SUMMARY: The Commission hereby gives River, New York; Mexichem Fluor Inc., 2017, at the U.S. International Trade
notice of the scheduling of the final St. Gabriel, Louisiana; and Worthington Commission Building. Requests to
phase of antidumping investigation No. Industries, Inc., Columbus, Ohio) and appear at the hearing should be filed in
731–TA–1313 (Final) pursuant to the District Lodge 154 of the International writing with the Secretary to the
Tariff Act of 1930 (‘‘the Act’’) to Association of Machinists and Commission on or before February 16,
determine whether an industry in the Aerospace Workers. 2017. A nonparty who has testimony
United States is materially injured or For further information concerning that may aid the Commission’s
threatened with material injury, or the the conduct of this phase of the deliberations may request permission to
establishment of an industry in the investigation, hearing procedures, and present a short statement at the hearing.
United States is materially retarded, by rules of general application, consult the All parties and nonparties desiring to
reason of imports of 1,1,1,2- Commission’s Rules of Practice and appear at the hearing and make oral
tetrafluoroethane (R–134a) from China, Procedure, part 201, subparts A and B presentations should participate in a
provided for in subheading 2903.39.20 (19 CFR part 201), and part 207, prehearing conference to be held on
of the Harmonized Tariff Schedule of subparts A and C (19 CFR part 207). February 21, 2017, at the U.S.
the United States, preliminarily Participation in the investigation and International Trade Commission
determined by the Department of public service list.—Persons, including Building, if deemed necessary. Oral
Commerce to be sold at less-than-fair- industrial users of the subject testimony and written materials to be
value.1 merchandise and, if the merchandise is submitted at the public hearing are
DATES: Effective Date: October 7, 2016. sold at the retail level, representative governed by sections 201.6(b)(2),
FOR FURTHER INFORMATION CONTACT: consumer organizations, wishing to 201.13(f), and 207.24 of the
Joanna Lo (202–205–1888), Office of participate in the final phase of this Commission’s rules. Parties must submit
Investigations, U.S. International Trade investigation as parties must file an any request to present a portion of their
Commission, 500 E Street SW., entry of appearance with the Secretary hearing testimony in camera no later
Washington, DC 20436. Hearing- to the Commission, as provided in than 7 business days prior to the date of
impaired persons can obtain section 201.11 of the Commission’s the hearing.
information on this matter by contacting rules, no later than 21 days prior to the Written submissions.—Each party
the Commission’s TDD terminal on 202– hearing date specified in this notice. A who is an interested party shall submit
205–1810. Persons with mobility party that filed a notice of appearance a prehearing brief to the Commission.
impairments who will need special during the preliminary phase of the Prehearing briefs must conform with the
assistance in gaining access to the investigation need not file an additional provisions of section 207.23 of the
Commission should contact the Office notice of appearance during this final Commission’s rules; the deadline for
of the Secretary at 202–205–2000. phase. The Secretary will maintain a filing is February 15, 2017. Parties may
General information concerning the public service list containing the names also file written testimony in connection
Commission may also be obtained by and addresses of all persons, or their with their presentation at the hearing, as
accessing its internet server (https:// representatives, who are parties to the provided in section 207.24 of the
www.usitc.gov). The public record for investigation. Commission’s rules, and posthearing
this investigation may be viewed on the Limited disclosure of business briefs, which must conform with the
Commission’s electronic docket (EDIS) proprietary information (BPI) under an provisions of section 207.25 of the
at https://edis.usitc.gov. administrative protective order (APO) Commission’s rules. The deadline for
and BPI service list.—Pursuant to filing posthearing briefs is March 2,
SUPPLEMENTARY INFORMATION:
Background.—The final phase of this section 207.7(a) of the Commission’s 2017. In addition, any person who has
investigation is being scheduled, rules, the Secretary will make BPI not entered an appearance as a party to
pursuant to section 735(b) of the Tariff gathered in the final phase of this the investigation may submit a written
Act of 1930 (19 U.S.C. 1673d(b)), as a investigation available to authorized statement of information pertinent to
result of an affirmative preliminary applicants under the APO issued in the the subject of the investigation,
determination by the Department of investigation, provided that the including statements of support or
application is made no later than 21 opposition to the petition, on or before
Commerce that imports of 1,1,1,2-
days prior to the hearing date specified March 2, 2017. On March 17, 2017, the
tetrafluoroethane (R–134a) from China
in this notice. Authorized applicants Commission will make available to
sradovich on DSK3GMQ082PROD with NOTICES
1 For purposes of this investigation, the must represent interested parties, as parties all information on which they
Department of Commerce has defined the subject defined by 19 U.S.C. 1677(9), who are have not had an opportunity to
merchandise as 1,1,1,2-Tetrafluoroethane, R–134a, parties to the investigation. A party comment. Parties may submit final
or its chemical equivalent, regardless of form, type, granted access to BPI in the preliminary comments on this information on or
or purity level. The chemical formula for 1,1,1,2-
Tetrafluoroethane is CF3CH2F, and the Chemical
phase of the investigation need not before March 21, 2017, but such final
Abstracts Service registry number is CAS 811–97– reapply for such access. A separate comments must not contain new factual
2. service list will be maintained by the information and must otherwise comply
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![Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78187
with section 207.30 of the Commission’s proposed acquisition of Faiveley brake equipment components that make
rules. All written submissions must Transport S.A. and Faiveley Transport up a critical system intimately linked to
conform with the provisions of section North America would violate Section 7 both the performance and safety of
201.8 of the Commission’s rules; any of the Clayton Act, 15 U.S.C. 18. The trains. Faiveley produces its brake
submissions that contain BPI must also proposed Final Judgment, filed at the system components in the United States
conform with the requirements of same time as the Complaint, requires through its subsidiary, Faiveley
sections 201.6, 207.3, and 207.7 of the Wabtec to divest Faiveley’s U.S. freight Transport North America. Wabtec is a
Commission’s rules. The Commission’s brakes business. leading manufacturer of rail equipment
Handbook on E-Filing, available on the Copies of the Complaint, proposed used in the assembly of freight cars built
Commission’s Web site at https:// Final Judgment, and Competitive Impact for use in the U.S. freight rail network.
edis.usitc.gov, elaborates upon the Statement are available for inspection For purchasers of components of freight
Commission’s rules with respect to on the Antitrust Division’s Web site at car brake systems, Wabtec and Faiveley
electronic filing. http://www.justice.gov/atr and at the are two of the top three suppliers
Additional written submissions to the Office of the Clerk of the United States approved by the Association of
Commission, including requests District Court for the District of American Railroads (‘‘AAR’’), with
pursuant to section 201.12 of the Columbia. Copies of these materials may combined market shares ranging from
Commission’s rules, shall not be be obtained from the Antitrust Division approximately 41 to 96 percent for
accepted unless good cause is shown for upon request and payment of the many of the products in which they
accepting such submissions, or unless copying fee set by Department of Justice compete. Where a product must be AAR
the submission is pursuant to a specific regulations. approved, customers must source it
request by a Commissioner or Public comment is invited within 60 from an AAR-approved supplier of that
Commission staff. days of the date of this notice. Such product.
In accordance with sections 201.16(c) comments, including the name of the 2. In 2010, Faiveley entered into a
and 207.3 of the Commission’s rules, submitter, and responses thereto, will be joint venture with Amsted Rail
each document filed by a party to the posted on the Antitrust Division’s Web Company, Inc. (‘‘Amsted’’), a rail
investigation must be served on all other site, filed with the Court, and, under equipment supplier based in Chicago,
parties to the investigation (as identified certain circumstances, published in the Illinois, to form Amsted Rail Faiveley
by either the public or BPI service list), Federal Register. Comments should be LLC (‘‘ARF’’). Faiveley owns 67.5
and a certificate of service must be directed to Maribeth Petrizzi, Chief, percent of ARF and Amsted owns the
timely filed. The Secretary will not Litigation II Section, Antitrust Division, remaining 32.5 percent interest in the
accept a document for filing without a Department of Justice, 450 Fifth Street joint venture. As part of the joint
certificate of service. NW., Suite 8700, Washington, DC 20530 venture, all of the freight car brake
Authority: This investigation is being (telephone: 202–307–0924). system components that are
conducted under authority of title VII of manufactured by Faiveley Transport
Patricia A. Brink, North America are marketed and sold to
the Tariff Act of 1930; this notice is Director of Civil Enforcement.
published pursuant to section 207.21 of customers by Amsted. Amsted and
the Commission’s rules. United States District Court for the Faiveley do not compete for the sale of
District of Columbia brake system components. Critically, the
By order of the Commission. joint venture allows Faiveley to bundle
Issued: November 1, 2016. United States of America, U.S. Department brake components with Amsted’s other
Lisa R. Barton, of Justice, Antitrust Division, 450 Fifth Street products such as wheels and axles,
NW., Suite 8700, Washington, DC 20530
Secretary to the Commission. Plaintiff, v. Westinghouse Air Brake thereby increasing its ability to compete
[FR Doc. 2016–26780 Filed 11–4–16; 8:45 am] Technologies Corp., 1001 Airbrake Avenue, for the sale of freight car brake system
BILLING CODE 7020–02–P Wilmerding, PA 15148, Faiveley Transport components.
S.A., Le Delage Building, Hall Parc— 3. Wabtec’s proposed acquisition of
Bâtiment 6A, 6ème étage, 3, rue du 19 mars Faiveley would eliminate head-to-head
1962, 92230 Gennevilliers, CEDEX—France competition in the development,
DEPARTMENT OF JUSTICE and Faiveley Transport North America, 50 manufacture, and sale of several
Beachtree Boulevard, Greenville, SC 29605, components of freight car brake systems
Antitrust Division Defendants.
in the United States. The proposed
Case No.: 1:16-cv-02147
United States v. Westinghouse Air Judge: Tanya S. Chutkan acquisition likely would give Wabtec
Brake Technologies Corp., Proposed Filed: 10/26/2016 the incentive and ability to raise prices
Final Judgment and Competitive or decrease the quality of service
Complaint provided to customers in the railroad
Impact Statement
The United States of America, acting freight industry. The proposed
Notice is hereby given pursuant to the under the direction of the Attorney acquisition also would eliminate future
Antitrust Procedures and Penalties Act, General of the United States, brings this competition for control valves, the most
15 U.S.C. 16(b)–(h), that a proposed civil antitrust action to enjoin the safety-critical component on a freight
Final Judgment, Hold Separate proposed acquisition of Faiveley car. If approved, the proposed
Stipulation and Order, and Competitive Transport S.A. and Faiveley Transport acquisition would eliminate the entry of
Impact Statement have been filed with North America (collectively, ‘‘Faiveley’’) Faiveley into this market, thus
the United States District Court for the
sradovich on DSK3GMQ082PROD with NOTICES
by Westinghouse Air Brake maintaining a century-old duopoly
District of Columbia in United States of Technologies Corporation (‘‘Wabtec’’) between Wabtec and its only other
America v. Westinghouse Air Brake and to obtain other equitable relief. The control valve rival, and reducing the
Technologies Corp. et al., Civil Action United Sates alleges as follows: two incumbent control valve suppliers’
No. 1:16-cv-02147. On October 26, 2016, incentive to compete.
the United States filed a Complaint I. Introduction 4. Accordingly, the proposed
alleging that Westinghouse Air Brake 1. Wabtec proposes to acquire acquisition likely would substantially
Technologies Corp.’s (‘‘Wabtec’’) Faiveley, a global provider of railway lessen existing and future competition
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Document Created: 2018-02-14 08:21:46
Document Modified: 2018-02-14 08:21:46
| 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. | |
| Dates | Effective Date: October 7, 2016. | |
| Contact | Joanna Lo (202-205-1888), 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov. | |
| FR Citation | 81 FR 78186 |
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