81 FR 78852 - Phosphor Copper from Korea; Scheduling of the Final Phase of an Antidumping Duty Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 217 (November 9, 2016)

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1314 (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 phosphor copper from Korea, provided for in subheading 7405.00.10 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\ ---------------------------------------------------------------------------

[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78852-78854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27016]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1314 (Final)]


Phosphor Copper from Korea; Scheduling of the Final Phase of an 
Antidumping Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1314 (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 phosphor copper 
from Korea, provided for in subheading 7405.00.10 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the

[[Page 78853]]

Department of Commerce to be sold at less-than-fair-value.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as master alloys of 
copper containing between five percent and 17 percent phosphor by 
nominal weight, regardless of form (including but not limited to 
shot, pellet, waffle, ingot, or nugget), and regardless of size or 
weight. Subject merchandise consists predominantly of copper (by 
weight), and may contain other elements, including but not limited 
to iron (Fe), lead (Pb), or tin (Sn), in small amounts (up to one 
percent by nominal weight). Phosphor copper is frequently produced 
to JIS H2501 and ASTM B-644, Alloy 3A standards or higher; however, 
merchandise covered by this investigation includes all phosphor 
copper, regardless of whether the merchandise meets, fails to meet, 
or exceeds these standards. Merchandise covered by this 
investigation is currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheading 7405.00.1000. 
This HTSUS subheading is provided for convenience and customs 
purposes; the written description of the scope of this investigation 
is dispositive.

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DATES: Effective Date: October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Porscha Stiger (205-3241), 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 phosphor 
copper from Korea 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 9, 2016, 
by Metallurgical Products Company, West Chester, Pennsylvania.
    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 
13, 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 Tuesday, 
February 28, 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 23, 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 27, 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 21, 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 7, 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 7, 2017. On March 24, 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 28, 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 investigation must be 
served on all other parties to the investigation (as identified

[[Page 78854]]

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 3, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-27016 Filed 11-8-16; 8:45 am]
 BILLING CODE 7020-02-P