81_FR_79069 81 FR 78852 - Phosphor Copper from Korea; Scheduling of the Final Phase of an Antidumping Duty Investigation

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)

Page Range78852-78854
FR Document2016-27016

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 Issue 217 (Wednesday, November 9, 2016)
[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.

---------------------------------------------------------------------------
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



                                                78852                    Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices

                                                Washington, DC 20436, telephone (202)                   relating to the requested remedial                    information and documents for which
                                                205–2000.                                               orders;                                               confidential treatment is properly
                                                  General information concerning the                       (iii) identify like or directly                    sought, submitted to the Commission for
                                                Commission may also be obtained by                      competitive articles that complainant,                purposes of this Investigation may be
                                                accessing its Internet server at United                 its licensees, or third parties make in the           disclosed to and used: (i) By the
                                                States International Trade Commission                   United States which could replace the                 Commission, its employees and Offices,
                                                (USITC) at https://www.usitc.gov. The                   subject articles if they were to be                   and contract personnel (a) for
                                                public record for this investigation may                excluded;                                             developing or maintaining the records
                                                be viewed on the Commission’s                              (iv) indicate whether complainant,                 of this or a related proceeding, or (b) in
                                                Electronic Document Information                         complainant’s licensees, and/or third                 internal investigations, audits, reviews,
                                                System (EDIS) at https://edis.usitc.gov.                party suppliers have the capacity to                  and evaluations relating to the
                                                Hearing-impaired persons are advised                    replace the volume of articles                        programs, personnel, and operations of
                                                that information on this matter can be                  potentially subject to the requested                  the Commission including under 5
                                                obtained by contacting the                              exclusion order and/or a cease and                    U.S.C. Appendix 3; or (ii) by U.S.
                                                Commission’s TDD terminal on (202)                      desist order within a commercially                    government employees and contract
                                                205–1810.                                               reasonable time; and                                  personnel,2 solely for cybersecurity
                                                SUPPLEMENTARY INFORMATION: The                             (v) explain how the requested                      purposes. All nonconfidential written
                                                Commission has received a complaint                     remedial orders would impact United                   submissions will be available for public
                                                and a submission pursuant to § 210.8(b)                 States consumers.                                     inspection at the Office of the Secretary
                                                of the Commission’s Rules of Practice                      Written submissions must be filed no               and on EDIS.3
                                                and Procedure (19 CFR 210.8(b)) filed                   later than by close of business, eight
                                                                                                        calendar days after the date of                         This action is taken under the
                                                on behalf of Pacific Biosciences of
                                                                                                        publication of this notice in the Federal             authority of section 337 of the Tariff Act
                                                California, Inc. on November 2, 2016.
                                                                                                        Register. There will be further                       of 1930, as amended (19 U.S.C. 1337),
                                                The complaint alleges violations of
                                                                                                        opportunities for comment on the                      and of §§ 201.10 and 210.8(c) of the
                                                section 337 of the Tariff Act of 1930 (19
                                                                                                        public interest after the issuance of any             Commission’s Rules of Practice and
                                                U.S.C. 1337) in the importation into the
                                                                                                        final initial determination in this                   Procedure (19 CFR 201.10, 210.8(c)).
                                                United States, the sale for importation,
                                                and the sale within the United States                   investigation.                                          By order of the Commission.
                                                after importation of certain single-                       Persons filing written submissions                   Issued: November 3, 2016.
                                                molecule nucleic acid sequencing                        must file the original document                       Lisa R. Barton,
                                                systems and reagents, consumables, and                  electronically on or before the deadlines             Secretary to the Commission.
                                                software for use with same. The                         stated above and submit 8 true paper                  [FR Doc. 2016–27019 Filed 11–8–16; 8:45 am]
                                                complaint names as respondents Oxford                   copies to the Office of the Secretary by
                                                                                                                                                              BILLING CODE 7020–02–P
                                                Nanopore Technologies Ltd. of the                       noon the next day pursuant to § 210.4(f)
                                                United Kingdom; Oxford Nanopore                         of the Commission’s Rules of Practice
                                                Technologies, Inc. of Cambridge, MA;                    and Procedure (19 CFR 210.4(f)).                      INTERNATIONAL TRADE
                                                and Metrichor, Ltd of the United                        Submissions should refer to the docket                COMMISSION
                                                Kingdom. The complainant requests                       number (‘‘Docket No. 3182’’) in a
                                                that the Commission issue an exclusion                  prominent place on the cover page and/
                                                order, cease and desist orders and                                                                            [Investigation No. 731–TA–1314 (Final)]
                                                                                                        or the first page. (See Handbook for
                                                impose a bond upon respondents’                         Electronic Filing Procedures, Electronic              Phosphor Copper from Korea;
                                                alleged infringing articles during the 60-              Filing Procedures 1). Persons with                    Scheduling of the Final Phase of an
                                                day Presidential review period pursuant                 questions regarding filing should                     Antidumping Duty Investigation
                                                to 19 U.S.C. 1337(j).                                   contact the Secretary (202–205–2000).
                                                   Proposed respondents, other                             Any person desiring to submit a                    AGENCY: United States International
                                                interested parties, and members of the                  document to the Commission in                         Trade Commission.
                                                public are invited to file comments, not                confidence must request confidential
                                                to exceed five (5) pages in length,                     treatment. All such requests should be                ACTION:   Notice.
                                                inclusive of attachments, on any public                 directed to the Secretary to the
                                                interest issues raised by the complaint                 Commission and must include a full                    SUMMARY:   The Commission hereby gives
                                                or § 210.8(b) filing. Comments should                   statement of the reasons why the                      notice of the scheduling of the final
                                                address whether issuance of the relief                  Commission should grant such                          phase of antidumping investigation No.
                                                specifically requested by the                           treatment. See 19 CFR 201.6. Documents                731–TA–1314 (Final) pursuant to the
                                                complainant in this investigation would                 for which confidential treatment by the               Tariff Act of 1930 (‘‘the Act’’) to
                                                affect the public health and welfare in                 Commission is properly sought will be                 determine whether an industry in the
                                                the United States, competitive                          treated accordingly. All such requests                United States is materially injured or
                                                conditions in the United States                         should be directed to the Secretary to                threatened with material injury, or the
                                                economy, the production of like or                      the Commission and must include a full                establishment of an industry in the
                                                directly competitive articles in the                    statement of the reasons why the                      United States is materially retarded, by
                                                United States, or United States                         Commission should grant such                          reason of imports of phosphor copper
                                                consumers.                                              treatment. See 19 CFR 201.6. Documents                from Korea, provided for in subheading
sradovich on DSK3GMQ082PROD with NOTICES




                                                   In particular, the Commission is                     for which confidential treatment by the               7405.00.10 of the Harmonized Tariff
                                                interested in comments that:                            Commission is properly sought will be                 Schedule of the United States,
                                                   (i) Explain how the articles                         treated accordingly. All information,                 preliminarily determined by the
                                                potentially subject to the requested                    including confidential business
                                                remedial orders are used in the United                                                                          2 All contract personnel will sign appropriate
                                                States;                                                   1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
                                                   (ii) identify any public health, safety,             https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

                                                or welfare concerns in the United States                filing_procedures.pdf                                 (EDIS): http://edis.usitc.gov



                                           VerDate Sep<11>2014   16:29 Nov 08, 2016   Jkt 241001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM   09NON1


                                                                           Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices                                            78853

                                                Department of Commerce to be sold at                        Participation in the investigation and             International Trade Commission
                                                less-than-fair-value.1                                    public service list.—Persons, including              Building, if deemed necessary. Oral
                                                DATES: Effective Date: October 14, 2016.                  industrial users of the subject                      testimony and written materials to be
                                                                                                          merchandise and, if the merchandise is               submitted at the public hearing are
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                          sold at the retail level, representative             governed by sections 201.6(b)(2),
                                                Porscha Stiger (205–3241), Office of
                                                                                                          consumer organizations, wishing to                   201.13(f), and 207.24 of the
                                                Investigations, U.S. International Trade
                                                                                                          participate in the final phase of this               Commission’s rules. Parties must submit
                                                Commission, 500 E Street SW.,
                                                                                                          investigation as parties must file an                any request to present a portion of their
                                                Washington, DC 20436. Hearing-
                                                                                                          entry of appearance with the Secretary               hearing testimony in camera no later
                                                impaired persons can obtain
                                                                                                          to the Commission, as provided in                    than 7 business days prior to the date of
                                                information on this matter by contacting
                                                                                                          section 201.11 of the Commission’s                   the hearing.
                                                the Commission’s TDD terminal on 202–                     rules, no later than 21 days prior to the               Written submissions.—Each party
                                                205–1810. Persons with mobility                           hearing date specified in this notice. A             who is an interested party shall submit
                                                impairments who will need special                         party that filed a notice of appearance              a prehearing brief to the Commission.
                                                assistance in gaining access to the                       during the preliminary phase of the                  Prehearing briefs must conform with the
                                                Commission should contact the Office                      investigation need not file an additional            provisions of section 207.23 of the
                                                of the Secretary at 202–205–2000.                         notice of appearance during this final               Commission’s rules; the deadline for
                                                General information concerning the                        phase. The Secretary will maintain a                 filing is February 21, 2017. Parties may
                                                Commission may also be obtained by                        public service list containing the names             also file written testimony in connection
                                                accessing its internet server (https://                   and addresses of all persons, or their               with their presentation at the hearing, as
                                                www.usitc.gov). The public record for                     representatives, who are parties to the              provided in section 207.24 of the
                                                this investigation may be viewed on the                   investigation.                                       Commission’s rules, and posthearing
                                                Commission’s electronic docket (EDIS)                       Limited disclosure of business                     briefs, which must conform with the
                                                at https://edis.usitc.gov.                                proprietary information (BPI) under an               provisions of section 207.25 of the
                                                SUPPLEMENTARY INFORMATION:                                administrative protective order (APO)                Commission’s rules. The deadline for
                                                   Background.—The final phase of this                    and BPI service list.—Pursuant to                    filing posthearing briefs is March 7,
                                                investigation is being scheduled,                         section 207.7(a) of the Commission’s                 2017. In addition, any person who has
                                                pursuant to section 735(b) of the Tariff                  rules, the Secretary will make BPI                   not entered an appearance as a party to
                                                Act of 1930 (19 U.S.C. 1673d(b)), as a                    gathered in the final phase of this                  the investigation may submit a written
                                                result of an affirmative preliminary                      investigation available to authorized                statement of information pertinent to
                                                determination by the Department of                        applicants under the APO issued in the               the subject of the investigation,
                                                Commerce that imports of phosphor                         investigation, provided that the                     including statements of support or
                                                copper from Korea are being sold in the                   application is made no later than 21                 opposition to the petition, on or before
                                                United States at less than fair value                     days prior to the hearing date specified             March 7, 2017. On March 24, 2017, the
                                                within the meaning of section 733 of the                  in this notice. Authorized applicants                Commission will make available to
                                                Act (19 U.S.C. 1673b). The investigation                  must represent interested parties, as                parties all information on which they
                                                was requested in a petition filed on                      defined by 19 U.S.C. 1677(9), who are                have not had an opportunity to
                                                March 9, 2016, by Metallurgical                           parties to the investigation. A party                comment. Parties may submit final
                                                Products Company, West Chester,                           granted access to BPI in the preliminary             comments on this information on or
                                                Pennsylvania.                                             phase of the investigation need not                  before March 28, 2017, but such final
                                                   For further information concerning                     reapply for such access. A separate                  comments must not contain new factual
                                                the conduct of this phase of the                          service list will be maintained by the               information and must otherwise comply
                                                investigation, hearing procedures, and                    Secretary for those parties authorized to            with section 207.30 of the Commission’s
                                                rules of general application, consult the                 receive BPI under the APO.                           rules. All written submissions must
                                                Commission’s Rules of Practice and                          Staff report.—The prehearing staff                 conform with the provisions of section
                                                Procedure, part 201, subparts A and B                     report in the final phase of this                    201.8 of the Commission’s rules; any
                                                (19 CFR part 201), and part 207,                          investigation will be placed in the                  submissions that contain BPI must also
                                                subparts A and C (19 CFR part 207).                       nonpublic record on February 13, 2017,               conform with the requirements of
                                                                                                          and a public version will be issued                  sections 201.6, 207.3, and 207.7 of the
                                                   1 For purposes of this investigation, the
                                                                                                          thereafter, pursuant to section 207.22 of            Commission’s rules. The Commission’s
                                                Department of Commerce has defined the subject            the Commission’s rules.                              Handbook on E-Filing, available on the
                                                merchandise as master alloys of copper containing           Hearing.—The Commission will hold                  Commission’s Web site at https://
                                                between five percent and 17 percent phosphor by           a hearing in connection with the final               edis.usitc.gov, elaborates upon the
                                                nominal weight, regardless of form (including but         phase of this investigation beginning at
                                                not limited to shot, pellet, waffle, ingot, or nugget),
                                                                                                                                                               Commission’s rules with respect to
                                                and regardless of size or weight. Subject                 9:30 a.m. on Tuesday, February 28,                   electronic filing.
                                                merchandise consists predominantly of copper (by          2017, at the U.S. International Trade                   Additional written submissions to the
                                                weight), and may contain other elements, including        Commission Building. Requests to                     Commission, including requests
                                                but not limited to iron (Fe), lead (Pb), or tin (Sn),     appear at the hearing should be filed in             pursuant to section 201.12 of the
                                                in small amounts (up to one percent by nominal
                                                weight). Phosphor copper is frequently produced to
                                                                                                          writing with the Secretary to the                    Commission’s rules, shall not be
                                                JIS H2501 and ASTM B–644, Alloy 3A standards or           Commission on or before February 23,                 accepted unless good cause is shown for
                                                higher; however, merchandise covered by this              2017. A nonparty who has testimony                   accepting such submissions, or unless
                                                investigation includes all phosphor copper,               that may aid the Commission’s
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               the submission is pursuant to a specific
                                                regardless of whether the merchandise meets, fails
                                                to meet, or exceeds these standards. Merchandise
                                                                                                          deliberations may request permission to              request by a Commissioner or
                                                covered by this investigation is currently classified     present a short statement at the hearing.            Commission staff.
                                                in the Harmonized Tariff Schedule of the United           All parties and nonparties desiring to                  In accordance with sections 201.16(c)
                                                States (HTSUS) under subheading 7405.00.1000.             appear at the hearing and make oral                  and 207.3 of the Commission’s rules,
                                                This HTSUS subheading is provided for
                                                convenience and customs purposes; the written
                                                                                                          presentations should participate in a                each document filed by a party to the
                                                description of the scope of this investigation is         prehearing conference to be held on                  investigation must be served on all other
                                                dispositive.                                              February 27, 2017, at the U.S.                       parties to the investigation (as identified


                                           VerDate Sep<11>2014    16:29 Nov 08, 2016   Jkt 241001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM   09NON1


                                                78854                    Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices

                                                by either the public or BPI service list),              United States v. Poor Charlie and                       BKK Sanitary Landfill Site in West
                                                and a certificate of service must be                    Company, D.J. Ref. No. 90–11–3–10712/                   Covina, California. All three defendants
                                                timely filed. The Secretary will not                    1. All comments must be submitted no                    signed the consent decree. JPMorgan
                                                accept a document for filing without a                  later than thirty (30) days after the                   Chase Bank N.A. agrees to pay $1
                                                certificate of service.                                 publication date of this notice.                        million of the United States’ response
                                                  Authority: This investigation is being                Comments may be submitted either by                     costs on behalf of all three defendants.
                                                conducted under authority of title VII of the           email or by mail:                                       In return, the United States agrees not
                                                Tariff Act of 1930; this notice is published                                                                    to sue the defendants under sections
                                                pursuant to section 207.21 of the                       To submit                                               106 and 107(a) of CERCLA or under
                                                                                                                             Send them to:
                                                Commission’s rules.                                     comments:
                                                                                                                                                                section 7003 of the Resource
                                                  By order of the Commission.                           By email .......     pubcomment-ees.enrd@               Conservation and Recovery Act. The
                                                  Issued: November 3, 2016.                                                    usdoj.gov.                       consent decree provides that the United
                                                Lisa R. Barton,                                         By mail .........    Assistant Attorney General,        States’ agreement not to sue the
                                                                                                                               U.S. DOJ—ENRD, P.O.              defendants is also conditioned on
                                                Secretary to the Commission.
                                                                                                                               Box 7611, Washington,            JPMorgan Chase Bank N.A.’s payment of
                                                [FR Doc. 2016–27016 Filed 11–8–16; 8:45 am]                                    D.C. 20044–7611.
                                                BILLING CODE 7020–02–P
                                                                                                                                                                $85 million to be directed toward
                                                                                                          During the public comment period,                     cleanup of the Site under a separate
                                                                                                        the Consent Decree may be examined                      pending consent decree it signed with
                                                DEPARTMENT OF JUSTICE                                   and downloaded at this Justice                          the California Department of Toxic
                                                                                                        Department Web site: https://                           Substances Control in a separate case
                                                Notice of Lodging of Proposed                           www.justice.gov/enrd/consent-decrees.                   relating to the BKK Sanitary Landfill
                                                Consent Decree Under The                                We will provide a paper copy of the                     Site, California Department of Toxic
                                                Comprehensive Environmental                             Consent Decree upon written request                     Substances Control and the California
                                                Response, Compensation and Liability                    and payment of reproduction costs.                      Toxic Substances Control Account v.
                                                Act                                                     Please mail your request and payment                    American Honda Motor Co., Inc., et al.,
                                                                                                        to: Consent Decree Library, U.S. DOJ—                   Civil Action No. 05–cv–07746.
                                                  On November 3, 2016, the Department                   ENRD, P.O. Box 7611, Washington, DC                       The publication of this notice opens
                                                of Justice lodged a proposed Consent                    20044–7611.                                             a period for public comment on the
                                                Decree with the United States District                    Please enclose a check or money order                 consent decree. Comments should be
                                                Court for the Western District of                       for $26.50 (25 cents per page                           addressed to the Assistant Attorney
                                                Virginia in the lawsuit entitled United                 reproduction cost) payable to the United                General, Environment and Natural
                                                States v. Poor Charlie and Company,                     States Treasury. For a paper copy                       Resources Division, and should refer to
                                                Civil Action No. 1:16–CV–00043.                         without the exhibits and signature
                                                  The proposed Consent Decree will                                                                              United States v. JPMorgan Chase Bank,
                                                                                                        pages, the cost is $8.00.                               N.A., et al., D.J. Ref. No. 90–11–3–
                                                resolve claims alleged under the
                                                Comprehensive Environmental                             Robert Brook,                                           10782. All comments must be submitted
                                                Response, Compensation and Liability                    Assistant Section Chief, Environmental                  no later than thirty (30) days after the
                                                Act (‘‘CERCLA’’) against Poor Charlie                   Enforcement Section, Environment and                    publication date of this notice.
                                                and Company (‘‘Poor Charlie’’) for costs                Natural Resources Division.                             Comments may be submitted either by
                                                incurred in responding to releases and                  [FR Doc. 2016–27056 Filed 11–8–16; 8:45 am]             email or by mail:
                                                threatened releases of hazardous                        BILLING CODE 4410–15–P
                                                substances at the Twin Cities Iron and                                                                          To submit           Send them to:
                                                                                                                                                                comments:
                                                Metal Site (the ‘‘Site’’) located in Bristol,
                                                Virginia. The Consent Decree is based                   DEPARTMENT OF JUSTICE
                                                                                                                                                                By email .......    pubcomment-ees.enrd@
                                                on Poor Charlie’s limited ability to pay.                                                                                             usdoj.gov.
                                                                                                        Notice of Lodging of Proposed
                                                Under the proposed Consent Decree,                                                                              By mail .........   Assistant Attorney General,
                                                                                                        Consent Decree Under the
                                                Poor Charlie: (1) Consents to entry of                                                                                                U.S. DOJ—ENRD, P.O.
                                                                                                        Comprehensive Environmental
                                                judgment against it in the amount of                                                                                                  Box 7611, Washington, DC
                                                                                                        Response, Compensation and Liabilty                                           20044–7611.
                                                $3,401,833.31, and (2) assigns the rights
                                                                                                        Act
                                                to any proceeds from its insurance
                                                policies to the United States. In                         On November 1, 2016, the Department                     Under section 7003(d) of RCRA, a
                                                addition, Poor Charlie commits to                       of Justice lodged a proposed consent                    commenter may request an opportunity
                                                creating an environmental trust for the                 decree with the United States District                  for a public meeting in the affected area.
                                                benefit of the United States and West                   Court for the Central District of
                                                                                                                                                                  During the public comment period,
                                                Virginia, to which Poor Charlie and all                 California in the lawsuit entitled United
                                                                                                                                                                the consent decree may be examined
                                                of its assets will be transferred. Under                States v. JPMorgan Chase Bank, N.A., et
                                                                                                                                                                and downloaded at this Justice
                                                the environmental trust, Poor Charlie                   al., Civil Action No. 16–cv–08127.
                                                                                                          The United States filed this lawsuit                  Department Web site: https://
                                                will direct its assets toward remediating
                                                                                                        under the Comprehensive                                 www.justice.gov/enrd/consent-decrees.
                                                certain properties it owns in West
                                                                                                        Environmental Response, Compensation                    We will provide a paper copy of the
                                                Virginia, and then distribute any
                                                                                                        and Liability Act (CERCLA). The United                  consent decree upon written request
sradovich on DSK3GMQ082PROD with NOTICES




                                                remaining assets as specified in the trust
                                                                                                        States’ complaint names JPMorgan                        and payment of reproduction costs.
                                                agreement and the Consent Decree.
                                                  The publication of this notice opens                  Chase Bank, N.A., WMI Liquidating                       Please mail your request and payment
                                                a period for public comment on the                      Trust, and WMI Rainier LLC. The                         to: Consent Decree Library, U.S. DOJ—
                                                Consent Decree. Comments should be                      complaint requests recovery of costs                    ENRD, P.O. Box 7611, Washington, DC
                                                addressed to the Assistant Attorney                     that the United States incurred                         20044–7611.
                                                General, Environment and Natural                        responding to releases and threatened                     Please enclose a check or money order
                                                Resources Division, and should refer to                 releases of hazardous substances at the                 for $9.25 (25 cents per page


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Document Created: 2016-11-09 01:39:46
Document Modified: 2016-11-09 01:39:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactPorscha 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.
FR Citation81 FR 78852 

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