81 FR 78631 - Ammonium Sulfate From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 216 (November 8, 2016)
Federal Register Volume 81, Issue 216 (November 8, 2016)
| Page Range | 78631-78632 | |
| FR Document | 2016-26951 |
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)] [Notices] [Pages 78631-78632] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26951] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-562 and 731-TA-1329 (Final)] Ammonium Sulfate From 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-562 and 731-TA-1329 (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 ammonium sulfate from China, provided for in subheading 3102.21.00 of the Harmonized Tariff Schedule of the United States. The Department of Commerce has preliminarily determined that such imports are subsidized. DATES: Effective October 24, 2016. FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), 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 these investigations may be viewed on the Commission's electronic docket (EDIS) at https://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 an affirmative preliminary determination 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 ammonium sulfate.\1\ The investigations were requested in petitions filed on May 25, 2016, by Pasadena Commodities International, Nitrogen LLC (Pasadena, Texas). --------------------------------------------------------------------------- \1\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as ammonium sulfate in all physical forms, with or without additives such as anti-caking agents. Ammonium sulfate, which may also be spelled as ammonium sulphate, has the chemical formula (NH4 )2 SO4 . The scope includes ammonium sulfate that is combined with other products, including by, for example, blending (i.e., mixing granules of ammonium sulfate with granules of one or more other products), compounding (i.e., when ammonium sulfate is compacted with one or more other products under high pressure), or granulating (incorporating multiple products into granules through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is covered by the scope of these investigations. Ammonium sulfate that has been combined with other products is included within the scope regardless of whether the combining occurs in countries other than China. Ammonium sulfate that is otherwise subject to these investigations is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to these investigations. Only the subject component of such commingled products is covered by the scope of these investigations. The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783-20-2. The merchandise covered by these investigations is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. --------------------------------------------------------------------------- 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 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 28, 2016, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, January 12, 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 January 10, 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 January 10, 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 [[Page 78632]] 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 January 5, 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 January 19, 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 19, 2017. On February 1, 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 February 3, 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 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 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. Issued: November 3, 2016. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-26951 Filed 11-7-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices 78631
The NPS has determined that a sole- accessing its internet server (https:// investigations as parties must file an
source concession contract is in the www.usitc.gov). The public record for entry of appearance with the Secretary
public interest because it is the these investigations may be viewed on to the Commission, as provided in
authorization most likely to allow a the Commission’s electronic docket section 201.11 of the Commission’s
pilot test of providing wireless Internet (EDIS) at https://edis.usitc.gov. rules, no later than 21 days prior to the
services in remote but developed areas SUPPLEMENTARY INFORMATION: hearing date specified in this notice. A
of Lake Mead NRA. Background.—The final phase of party that filed a notice of appearance
This is not a request for proposals. these investigations is being scheduled during the preliminary phase of the
The NPS is seeking approval from the pursuant to sections 705(b) and 731(b) investigations need not file an
Principal Deputy Assistant Secretary for of the Tariff Act of 1930 (19 U.S.C. additional notice of appearance during
Fish and Wildlife and Parks 1671d(b) and 1673d(b)), as a result of an this final phase. The Secretary will
contemporaneously. affirmative preliminary determination maintain a public service list containing
Dated: October 20, 2016. by the Department of Commerce that the names and addresses of all persons,
Michael Reynolds, certain benefits which constitute or their representatives, who are parties
subsidies within the meaning of section to the investigations.
Deputy Director, National Park Service.
703 of the Act (19 U.S.C. 1671b) are Limited disclosure of business
[FR Doc. 2016–26915 Filed 11–7–16; 8:45 am] proprietary information (BPI) under an
being provided to manufacturers,
BILLING CODE 4312–52–P administrative protective order (APO)
producers, or exporters in China of
ammonium sulfate.1 The investigations and BPI service list.—Pursuant to
were requested in petitions filed on May section 207.7(a) of the Commission’s
INTERNATIONAL TRADE 25, 2016, by Pasadena Commodities rules, the Secretary will make BPI
COMMISSION International, Nitrogen LLC (Pasadena, gathered in the final phase of these
[Investigation Nos. 701–TA–562 and 731– Texas). investigations available to authorized
TA–1329 (Final)] For further information concerning applicants under the APO issued in the
the conduct of this phase of the investigations, provided that the
Ammonium Sulfate From China; investigations, hearing procedures, and application is made no later than 21
Scheduling of the Final Phase of rules of general application, consult the days prior to the hearing date specified
Countervailing Duty and Antidumping Commission’s Rules of Practice and in this notice. Authorized applicants
Duty Investigations Procedure, part 201, subparts A and B must represent interested parties, as
(19 CFR part 201), and part 207, defined by 19 U.S.C. 1677(9), who are
AGENCY: United States International parties to the investigations. A party
subparts A and C (19 CFR part 207).
Trade Commission. Participation in the investigations and granted access to BPI in the preliminary
ACTION: Notice. public service list.—Persons, including phase of the investigations need not
SUMMARY: The Commission hereby gives industrial users of the subject reapply for such access. A separate
notice of the scheduling of the final merchandise and, if the merchandise is service list will be maintained by the
phase of antidumping and sold at the retail level, representative Secretary for those parties authorized to
countervailing duty investigation Nos. consumer organizations, wishing to receive BPI under the APO.
participate in the final phase of these Staff report.—The prehearing staff
701–TA–562 and 731–TA–1329 (Final)
report in the final phase of these
pursuant to the Tariff Act of 1930 (‘‘the 1 For purposes of these investigations, the investigations will be placed in the
Act’’) to determine whether an industry Department of Commerce has defined the subject nonpublic record on December 28, 2016,
in the United States is materially merchandise as ammonium sulfate in all physical
and a public version will be issued
injured or threatened with material forms, with or without additives such as anti-caking
agents. Ammonium sulfate, which may also be thereafter, pursuant to section 207.22 of
injury, or the establishment of an
spelled as ammonium sulphate, has the chemical the Commission’s rules.
industry in the United States is formula (NH4)2SO4. The scope includes ammonium Hearing.—The Commission will hold
materially retarded, by reason of sulfate that is combined with other products, a hearing in connection with the final
imports of ammonium sulfate from including by, for example, blending (i.e., mixing
phase of these investigations beginning
granules of ammonium sulfate with granules of one
China, provided for in subheading or more other products), compounding (i.e., when at 9:30 a.m. on Thursday, January 12,
3102.21.00 of the Harmonized Tariff ammonium sulfate is compacted with one or more 2017, at the U.S. International Trade
Schedule of the United States. The other products under high pressure), or granulating Commission Building. Requests to
Department of Commerce has (incorporating multiple products into granules
through, e.g., a slurry process). For such combined appear at the hearing should be filed in
preliminarily determined that such products, only the ammonium sulfate component is writing with the Secretary to the
imports are subsidized. covered by the scope of these investigations. Commission on or before January 10,
DATES: Effective October 24, 2016. Ammonium sulfate that has been combined with 2017. A nonparty who has testimony
other products is included within the scope
FOR FURTHER INFORMATION CONTACT: that may aid the Commission’s
regardless of whether the combining occurs in
Jordan Harriman (202–205–2610), Office countries other than China. Ammonium sulfate that deliberations may request permission to
of Investigations, U.S. International is otherwise subject to these investigations is not present a short statement at the hearing.
Trade Commission, 500 E Street SW., excluded when commingled (i.e., mixed or All parties and nonparties desiring to
combined) with ammonium sulfate from sources
Washington, DC 20436. Hearing- not subject to these investigations. Only the subject
appear at the hearing and make oral
impaired persons can obtain component of such commingled products is presentations should participate in a
information on this matter by contacting covered by the scope of these investigations. The prehearing conference to be held on
the Commission’s TDD terminal on 202– Chemical Abstracts Service (CAS) registry number January 10, 2017, at the U.S.
mstockstill on DSK3G9T082PROD with NOTICES
for ammonium sulfate is 7783–20–2. The
205–1810. Persons with mobility merchandise covered by these investigations is
International Trade Commission
impairments who will need special currently classifiable under Harmonized Tariff Building, if deemed necessary. Oral
assistance in gaining access to the Schedule of the United States (HTSUS) subheading testimony and written materials to be
Commission should contact the Office 3102.21.0000. Although this HTSUS subheading submitted at the public hearing are
and CAS registry number are provided for
of the Secretary at 202–205–2000. convenience and customs purposes, the written
governed by sections 201.6(b)(2),
General information concerning the description of the scope of these investigations is 201.13(f), and 207.24 of the
Commission may also be obtained by dispositive. Commission’s rules. Parties must submit
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![78632 Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
any request to present a portion of their Authority: These investigations are being supplemented, alleges violations of
hearing testimony in camera no later conducted under authority of title VII of the section 337 of the Tariff Act of 1930, as
than 7 business days prior to the date of Tariff Act of 1930; this notice is published amended, 19 U.S.C. 1337, in the
pursuant to section 207.21 of the importation into the United States, the
the hearing.
Commission’s rules.
Written submissions.—Each party sale for importation, and the sale within
Issued: November 3, 2016. the United States after importation of
who is an interested party shall submit
By order of the Commission. certain height-adjustable desk platforms
a prehearing brief to the Commission.
Prehearing briefs must conform with the Lisa R. Barton, and components thereof by reason of
provisions of section 207.23 of the Secretary to the Commission. infringement of certain claims of U.S.
Commission’s rules; the deadline for [FR Doc. 2016–26951 Filed 11–7–16; 8:45 am] Patent Nos. 9,113,703 and 9,277,809. Id.
filing is January 5, 2017. Parties may BILLING CODE 7020–02–P
at 24129. The notice of investigation
also file written testimony in connection names as respondents Nortek, Inc. of
with their presentation at the hearing, as Providence, Rhode Island and Ergotron,
provided in section 207.24 of the INTERNATIONAL TRADE Inc. of St. Paul, Minnesota
Commission’s rules, and posthearing COMMISSION (‘‘Respondents’’). Id. The Office of
Unfair Import Investigations was not
briefs, which must conform with the [Investigation No. 337–TA–992]
named as a party to the investigation. Id.
provisions of section 207.25 of the
Certain Height-Adjustable Desk On October 12, 2016, Complainant
Commission’s rules. The deadline for
Platforms and Components Thereof; and Respondents filed a joint motion to
filing posthearing briefs is January 19,
Commission Determination Not To terminate the investigation based on a
2017. In addition, any person who has
Review an Initial Determination settlement agreement.
not entered an appearance as a party to On October 14, 2016, the presiding
the investigations may submit a written Granting a Joint Motion To Terminate
administrative law judge (‘‘ALJ’’) issued
statement of information pertinent to the Investigation Based on a
an ID (Order No. 8) granting the motion.
the subject of the investigations, Settlement Agreement; Termination of
The ALJ found the requirements of
including statements of support or the Investigation
Commission Rule 210.21(b)(1) were met.
opposition to the petition, on or before AGENCY: U.S. International Trade The ALJ also found that termination of
January 19, 2017. On February 1, 2017, Commission. the investigation was not contrary to the
the Commission will make available to public interest, and that termination
ACTION: Notice.
parties all information on which they was in the public interest and will
have not had an opportunity to SUMMARY: Notice is hereby given that conserve public and private resources.
comment. Parties may submit final the U.S. International Trade No petitions for review of the ID were
comments on this information on or Commission has determined not to filed.
before February 3, 2017, but such final review an initial determination (‘‘ID’’) The Commission has determined not
comments must not contain new factual (Order No. 8) granting a joint motion to to review the subject ID.
information and must otherwise comply terminate the investigation based on a The authority for the Commission’s
with section 207.30 of the Commission’s settlement agreement. determination is contained in section
rules. All written submissions must 337 of the Tariff Act of 1930, as
FOR FURTHER INFORMATION CONTACT:
conform with the provisions of section amended (19 U.S.C. 1337), and in part
Lucy Grace D. Noyola, Office of the
201.8 of the Commission’s rules; any 210 of the Commission’s Rules of
General Counsel, U.S. International
submissions that contain BPI must also Practice and Procedure (19 CFR part
Trade Commission, 500 E Street SW.,
conform with the requirements of 210).
Washington, DC 20436, telephone 202–
sections 201.6, 207.3, and 207.7 of the
205–3438. Copies of non-confidential By order of the Commission.
Commission’s rules. The Commission’s
documents filed in connection with this Issued: November 3, 2016.
Handbook on E-Filing, available on the
investigation are or will be available for Lisa R. Barton,
Commission’s Web site at https://
inspection during official business Secretary to the Commission.
edis.usitc.gov, elaborates upon the
hours (8:45 a.m. to 5:15 p.m.) in the
Commission’s rules with respect to [FR Doc. 2016–26955 Filed 11–7–16; 8:45 am]
Office of the Secretary, U.S.
electronic filing.
International Trade Commission, 500 E BILLING CODE 7020–02–P
Additional written submissions to the Street SW., Washington, DC 20436,
Commission, including requests telephone 202–205–2000. General
pursuant to section 201.12 of the information concerning the Commission INTERNATIONAL TRADE
Commission’s rules, shall not be may also be obtained by accessing its COMMISSION
accepted unless good cause is shown for Internet server (https://www.usitc.gov). [Investigation Nos. 731–TA–1063–1064, and
accepting such submissions, or unless The public record for this investigation 1066–1068 (Second Review)]
the submission is pursuant to a specific may be viewed on the Commission’s
request by a Commissioner or electronic docket (EDIS) at https:// Frozen Warmwater Shrimp From
Commission staff. edis.usitc.gov. Hearing-impaired Brazil, China, India, Thailand, and
In accordance with sections 201.16(c) persons are advised that information on Vietnam; Scheduling of Full Five-Year
and 207.3 of the Commission’s rules, this matter can be obtained by Reviews
each document filed by a party to the contacting the Commission’s TDD
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY: United States International
investigations must be served on all terminal on 202–205–1810. Trade Commission.
other parties to the investigations (as SUPPLEMENTARY INFORMATION: The ACTION: Notice.
identified by either the public or BPI Commission instituted this investigation
service list), and a certificate of service on April 25, 2016, based on a complaint SUMMARY: The Commission hereby gives
must be timely filed. The Secretary will filed by Varidesk LLC of Coppell, Texas notice of the scheduling of full reviews
not accept a document for filing without (‘‘Complainant’’). 81 FR 24128, 24128– pursuant to the Tariff Act of 1930 (‘‘the
a certificate of service. 29 (Apr. 25, 2016). The complaint, as Act’’) to determine whether revocation
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Document Created: 2018-02-14 08:23:45
Document Modified: 2018-02-14 08:23:45
| 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 October 24, 2016. | |
| Contact | Jordan Harriman (202-205-2610), 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 these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 81 FR 78631 |
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