81_FR_87823 81 FR 87590 - Ferrovanadium From Korea; Scheduling of the Final Phase of an Antidumping Duty Investigation

81 FR 87590 - Ferrovanadium From Korea; Scheduling of the Final Phase of an Antidumping Duty Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range87590-87591
FR Document2016-29034

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1315 (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 ferrovanadium from Korea, provided for in subheading 7202.92.00 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 233 (Monday, December 5, 2016)
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87590-87591]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29034]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1315 (Final)]


Ferrovanadium From Korea; Scheduling of the Final Phase of an 
Antidumping Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1315 (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 ferrovanadium 
from Korea, provided for in subheading 7202.92.00 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce to be sold at less than fair value.\1\
---------------------------------------------------------------------------

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as all ferrovanadium 
regardless of grade (i.e., percentage of contained vanadium), 
chemistry, form, shape, or size. Ferrovanadium is an alloy of iron 
and vanadium. See 81 FR 75806, November 1, 2016

---------------------------------------------------------------------------
DATES: Effective Date: November 1, 2016.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), 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 
ferrovanadium 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 
28, 2016, by the Vanadium Producers and Reclaimers Association and its 
members: AMG Vanadium, LLC, Cambridge, Ohio; Bear Metallurgical 
Company, Butler, Pennsylvania; Gulf Chemical & Metallurgical 
Corporation, Freeport, Texas; and Evraz Stratcor, Inc., Hot Springs, 
Arkansas.
    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 March 7, 
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, 
March 21, 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 March 15, 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 March 17, 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 March 14, 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 28, 2017. In addition, any person who has not entered 
an appearance as a party to

[[Page 87591]]

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 28, 2017. On 
April 12, 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 
April 14, 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 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 29, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-29034 Filed 12-2-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                87590                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                not accept a document for filing without                impairments who will need special                     rules, the Secretary will make BPI
                                                a certificate of service.                               assistance in gaining access to the                   gathered in the final phase of this
                                                  Determination.—The Commission has                     Commission should contact the Office                  investigation available to authorized
                                                determined these reviews are                            of the Secretary at 202–205–2000.                     applicants under the APO issued in the
                                                extraordinarily complicated and                         General information concerning the                    investigation, provided that the
                                                therefore has determined to exercise its                Commission may also be obtained by                    application is made no later than 21
                                                authority to extend the review period by                accessing its internet server (https://               days prior to the hearing date specified
                                                up to 90 days pursuant to 19 U.S.C.                     www.usitc.gov). The public record for                 in this notice. Authorized applicants
                                                1675(c)(5)(B).                                          this investigation may be viewed on the               must represent interested parties, as
                                                  Authority: This review is being conducted             Commission’s electronic docket (EDIS)                 defined by 19 U.S.C. 1677(9), who are
                                                under authority of title VII of the Tariff Act          at https://edis.usitc.gov.                            parties to the investigation. A party
                                                of 1930; this notice is published pursuant to           SUPPLEMENTARY INFORMATION:                            granted access to BPI in the preliminary
                                                section 207.62 of the Commission’s rules.                  Background.—The final phase of this                phase of the investigation need not
                                                  By order of the Commission.                           investigation is being scheduled,                     reapply for such access. A separate
                                                  Issued: November 29, 2016.                            pursuant to section 735(b) of the Tariff              service list will be maintained by the
                                                                                                        Act of 1930 (19 U.S.C. 1673d(b)), as a                Secretary for those parties authorized to
                                                Lisa R. Barton,
                                                                                                        result of an affirmative preliminary                  receive BPI under the APO.
                                                Secretary to the Commission.                                                                                     Staff report.—The prehearing staff
                                                [FR Doc. 2016–29032 Filed 12–2–16; 8:45 am]
                                                                                                        determination by the Department of
                                                                                                                                                              report in the final phase of this
                                                                                                        Commerce that imports of
                                                BILLING CODE 7020–02–P                                                                                        investigation will be placed in the
                                                                                                        ferrovanadium from Korea are being
                                                                                                                                                              nonpublic record on March 7, 2017, and
                                                                                                        sold in the United States at less than fair
                                                                                                                                                              a public version will be issued
                                                INTERNATIONAL TRADE                                     value within the meaning of section 733
                                                                                                                                                              thereafter, pursuant to section 207.22 of
                                                COMMISSION                                              of the Act (19 U.S.C. 1673b). The
                                                                                                                                                              the Commission’s rules.
                                                                                                        investigation was requested in a petition                Hearing.—The Commission will hold
                                                [Investigation No. 731–TA–1315 (Final)]                 filed on March 28, 2016, by the                       a hearing in connection with the final
                                                                                                        Vanadium Producers and Reclaimers                     phase of this investigation beginning at
                                                Ferrovanadium From Korea;
                                                                                                        Association and its members: AMG                      9:30 a.m. on Tuesday, March 21, 2017,
                                                Scheduling of the Final Phase of an
                                                                                                        Vanadium, LLC, Cambridge, Ohio; Bear                  at the U.S. International Trade
                                                Antidumping Duty Investigation
                                                                                                        Metallurgical Company, Butler,                        Commission Building. Requests to
                                                AGENCY: United States International                     Pennsylvania; Gulf Chemical &                         appear at the hearing should be filed in
                                                Trade Commission.                                       Metallurgical Corporation, Freeport,                  writing with the Secretary to the
                                                ACTION: Notice.                                         Texas; and Evraz Stratcor, Inc., Hot                  Commission on or before March 15,
                                                                                                        Springs, Arkansas.                                    2017. A nonparty who has testimony
                                                SUMMARY:   The Commission hereby gives                     For further information concerning                 that may aid the Commission’s
                                                notice of the scheduling of the final                   the conduct of this phase of the                      deliberations may request permission to
                                                phase of antidumping investigation No.                  investigation, hearing procedures, and                present a short statement at the hearing.
                                                731–TA–1315 (Final) pursuant to the                     rules of general application, consult the             All parties and nonparties desiring to
                                                Tariff Act of 1930 (‘‘the Act’’) to                     Commission’s Rules of Practice and                    appear at the hearing and make oral
                                                determine whether an industry in the                    Procedure, part 201, subparts A and B                 presentations should participate in a
                                                United States is materially injured or                  (19 CFR part 201), and part 207,                      prehearing conference to be held on
                                                threatened with material injury, or the                 subparts A and C (19 CFR part 207).                   March 17, 2017, at the U.S. International
                                                establishment of an industry in the                        Participation in the investigation and             Trade Commission Building, if deemed
                                                United States is materially retarded, by                public service list.—Persons, including               necessary. Oral testimony and written
                                                reason of imports of ferrovanadium from                 industrial users of the subject                       materials to be submitted at the public
                                                Korea, provided for in subheading                       merchandise and, if the merchandise is                hearing are governed by sections
                                                7202.92.00 of the Harmonized Tariff                     sold at the retail level, representative              201.6(b)(2), 201.13(f), and 207.24 of the
                                                Schedule of the United States,                          consumer organizations, wishing to                    Commission’s rules. Parties must submit
                                                preliminarily determined by the                         participate in the final phase of this                any request to present a portion of their
                                                Department of Commerce to be sold at                    investigation as parties must file an                 hearing testimony in camera no later
                                                less than fair value.1                                  entry of appearance with the Secretary                than 7 business days prior to the date of
                                                DATES: Effective Date: November 1,                      to the Commission, as provided in                     the hearing.
                                                2016.                                                   section 201.11 of the Commission’s                       Written submissions.—Each party
                                                FOR FURTHER INFORMATION CONTACT:                        rules, no later than 21 days prior to the             who is an interested party shall submit
                                                Lawrence Jones (202–205–3358), Office                   hearing date specified in this notice. A              a prehearing brief to the Commission.
                                                of Investigations, U.S. International                   party that filed a notice of appearance               Prehearing briefs must conform with the
                                                Trade Commission, 500 E Street SW.,                     during the preliminary phase of the                   provisions of section 207.23 of the
                                                Washington, DC 20436. Hearing-                          investigation need not file an additional             Commission’s rules; the deadline for
                                                impaired persons can obtain                             notice of appearance during this final                filing is March 14, 2017. Parties may
                                                information on this matter by contacting                phase. The Secretary will maintain a                  also file written testimony in connection
                                                the Commission’s TDD terminal on 202–                   public service list containing the names              with their presentation at the hearing, as
                                                                                                        and addresses of all persons, or their                provided in section 207.24 of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                205–1810. Persons with mobility
                                                                                                        representatives, who are parties to the               Commission’s rules, and posthearing
                                                  1 For purposes of this investigation, the             investigation.                                        briefs, which must conform with the
                                                Department of Commerce has defined the subject             Limited disclosure of business                     provisions of section 207.25 of the
                                                merchandise as all ferrovanadium regardless of          proprietary information (BPI) under an                Commission’s rules. The deadline for
                                                grade (i.e., percentage of contained vanadium),
                                                chemistry, form, shape, or size. Ferrovanadium is
                                                                                                        administrative protective order (APO)                 filing posthearing briefs is March 28,
                                                an alloy of iron and vanadium. See 81 FR 75806,         and BPI service list.—Pursuant to                     2017. In addition, any person who has
                                                November 1, 2016                                        section 207.7(a) of the Commission’s                  not entered an appearance as a party to


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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                             87591

                                                the investigation may submit a written                  INTERNATIONAL TRADE                                   edis.usitc.gov. Hearing-impaired
                                                statement of information pertinent to                   COMMISSION                                            persons are advised that information on
                                                the subject of the investigation,                                                                             this matter can be obtained by
                                                                                                        [Investigation No. 337–TA–971]                        contacting the Commission’s TDD
                                                including statements of support or
                                                opposition to the petition, on or before                                                                      terminal on (202) 205–1810.
                                                                                                        Certain Air Mattress Systems,
                                                March 28, 2017. On April 12, 2017, the                  Components Thereof, and Methods of                    SUPPLEMENTARY INFORMATION:         Section
                                                Commission will make available to                       Using the Same; Notice of Request for                 337 of the Tariff Act of 1930 provides
                                                parties all information on which they                   Statements on the Public Interest                     that if the Commission finds a violation
                                                have not had an opportunity to                                                                                it shall exclude the articles concerned
                                                comment. Parties may submit final                       AGENCY: U.S. International Trade                      from the United States: Unless, after
                                                comments on this information on or                      Commission.                                           considering the effect of such exclusion
                                                before April 14, 2017, but such final                   ACTION: Notice.                                       upon the public health and welfare,
                                                comments must not contain new factual                                                                         competitive conditions in the United
                                                                                                        SUMMARY:    Notice is hereby given that               States economy, the production of like
                                                information and must otherwise comply
                                                                                                        the presiding administrative law judge                or directly competitive articles in the
                                                with section 207.30 of the Commission’s                 (‘‘ALJ’’) has issued a recommended
                                                rules. All written submissions must                                                                           United States, and United States
                                                                                                        determination on remedy and bonding                   consumers, it finds that such articles
                                                conform with the provisions of section                  in the above-captioned investigation.
                                                201.8 of the Commission’s rules; any                                                                          should not be excluded from entry. 19
                                                                                                        The Commission is soliciting                          U.S.C. 1337(d)(1). A similar provision
                                                submissions that contain BPI must also                  submissions from the public on any
                                                conform with the requirements of                                                                              applies to cease-and-desist orders. 19
                                                                                                        public interest issues raised by the                  U.S.C. 1337(f)(1).
                                                sections 201.6, 207.3, and 207.7 of the                 recommended relief. The ALJ
                                                Commission’s rules. The Commission’s                                                                             The Commission is interested in
                                                                                                        recommended that a limited exclusion
                                                Handbook on E-Filing, available on the                                                                        further development of the record on
                                                                                                        order issue against certain air mattress
                                                Commission’s Web site at https://                                                                             the public interest in these
                                                                                                        systems, components thereof, and
                                                                                                                                                              investigations. Accordingly, members of
                                                edis.usitc.gov, elaborates upon the                     methods of using the same, imported by
                                                                                                                                                              the public are invited to file, pursuant
                                                Commission’s rules with respect to                      respondents Sizewise Rentals LLC of
                                                                                                                                                              to 19 CFR 210.50(a)(4), submissions of
                                                electronic filing.                                      Kansas City, Missouri; American
                                                                                                                                                              no more than five (5) pages, inclusive of
                                                  Additional written submissions to the                 National Manufacturing Inc. of Corona,
                                                                                                                                                              attachments, concerning the public
                                                Commission, including requests                          California; and Dires LLC and Dires LLC
                                                                                                                                                              interest in light of the administrative
                                                                                                        d/b/a Personal Comfort Beds of Orlando,
                                                pursuant to section 201.12 of the                                                                             law judge’s recommended
                                                                                                        Florida (collectively, ‘‘Respondents’’).
                                                Commission’s rules, shall not be                                                                              determination on remedy and bonding
                                                                                                        The ALJ did not recommend that cease
                                                accepted unless good cause is shown for                                                                       issued in this investigation on October
                                                                                                        and desist orders issue as to the
                                                accepting such submissions, or unless                                                                         27, 2016. Comments should address
                                                                                                        respondents found to infringe by the
                                                the submission is pursuant to a specific                                                                      whether issuance of the limited
                                                                                                        Commission. The ALJ found that
                                                request by a Commissioner or                                                                                  exclusion order (‘‘the recommended
                                                                                                        Respondents did not show that the
                                                Commission staff.                                                                                             remedial order’’) in this investigation
                                                                                                        remedial orders to be issued by the
                                                                                                                                                              would affect the public health and
                                                  In accordance with sections 201.16(c)                 Commission would have an adverse
                                                                                                                                                              welfare in the United States,
                                                and 207.3 of the Commission’s rules,                    effect on public health and welfare in
                                                                                                                                                              competitive conditions in the United
                                                each document filed by a party to the                   the United States, competitive
                                                                                                                                                              States economy, the production of like
                                                investigation must be served on all other               conditions in the United States
                                                                                                                                                              or directly competitive articles in the
                                                parties to the investigation (as identified             economy, the production of like or
                                                                                                                                                              United States, or United States
                                                by either the public or BPI service list),              directly competitive products in the
                                                                                                                                                              consumers.
                                                and a certificate of service must be                    United States, or United States
                                                                                                        consumers. Parties are to file public                    In particular, the Commission is
                                                timely filed. The Secretary will not                                                                          interested in comments that:
                                                accept a document for filing without a                  interest submissions pursuant to 19 CFR
                                                                                                        210.50(a)(4).                                            (i) Explain how the articles
                                                certificate of service.                                                                                       potentially subject to the recommended
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                  Authority: This investigation is being
                                                                                                        Michael Liberman, Esq., Office of the                 remedial order is used in the United
                                                conducted under authority of title VII of the
                                                                                                        General Counsel, U.S. International                   States;
                                                Tariff Act of 1930; this notice is published                                                                     (ii) identify any public health, safety,
                                                                                                        Trade Commission, 500 E Street SW.,
                                                pursuant to section 207.21 of the                                                                             or welfare concerns in the United States
                                                                                                        Washington, DC 20436, telephone (202)
                                                Commission’s rules.                                                                                           relating to the recommended remedial
                                                                                                        205–3115. Copies of non-confidential
                                                  By order of the Commission.                           documents filed in connection with this               order;
                                                  Issued: November 29, 2016.                            investigation are or will be available for               (iii) identify like or directly
                                                Lisa R. Barton,                                         inspection during official business                   competitive articles that complainant,
                                                                                                        hours (8:45 a.m. to 5:15 p.m.) in the                 its licensees, or third parties make in the
                                                Secretary to the Commission.
                                                                                                        Office of the Secretary, U.S.                         United States which could replace the
                                                [FR Doc. 2016–29034 Filed 12–2–16; 8:45 am]
                                                                                                        International Trade Commission, 500 E                 subject articles if they were to be
                                                BILLING CODE 7020–02–P
                                                                                                        Street SW., Washington, DC 20436,                     excluded;
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        telephone (202) 205–2000. General                        (iv) indicate whether complainant,
                                                                                                        information concerning the Commission                 complainant’s licensees, and/or third
                                                                                                        may also be obtained by accessing its                 party suppliers have the capacity to
                                                                                                        Internet server at https://www.usitc.gov.             replace the volume of articles
                                                                                                        The public record for this investigation              potentially subject to the recommended
                                                                                                        may be viewed on the Commission’s                     remedial order within a commercially
                                                                                                        electronic docket (EDIS) at https://                  reasonable time; and


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Document Created: 2016-12-03 00:26:09
Document Modified: 2016-12-03 00:26:09
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.
ContactLawrence Jones (202-205-3358), 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 87590 

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