81 FR 92853 - Sulfanilic Acid From China and India; Scheduling of Expedited Five-Year Reviews
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 244 (December 20, 2016)
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92853-92854 | |
| FR Document | 2016-30534 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Notices] [Pages 92853-92854] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30534] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Fourth Review)] Sulfanilic Acid From China and India; Scheduling of Expedited Five-Year Reviews AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the countervailing duty order on sulfanilic acid from India and antidumping orders on sulfanilic acid from China and India would be likely to lead to continuation or recurrence of [[Page 92854]] material injury within a reasonably foreseeable time. DATES: Effective Date: December 5, 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 these reviews may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.-- On December 5, 2016, the Commission determined that the domestic interested party group response to its notice of institution (81 FR 60386, September 1, 2016) of the subject five-year reviews was adequate. The Commission also determined that the respondent interested party group response with respect to the order on sulfanilic acid from China was adequate but that the respondent interested party group response with respect to the orders on sulfanilic acid from India was inadequate. However, on November 18, 2016, the sole participating respondent interested party, in the review on sulfanilic acid from China (Archroma), withdrew its position and statements that advocated for revocation of the order. The Commission therefore determined that it would not be appropriate to conduct a full review of the order concerning China. The Commission did not find any circumstances that warranted conducting full reviews with respect to the orders concerning India.\1\ Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). --------------------------------------------------------------------------- \1\ A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site. --------------------------------------------------------------------------- For further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207). Staff report.--A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on December 15, 2016, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules. Written submissions.--As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,\2\ and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before December 22, 2016 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by December 22, 2016. However, should the Department of Commerce extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules with respect to filing were revised effective July 25, 2014. See 79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-filing, available from the Commission's Web site at https://edis.usitc.gov. --------------------------------------------------------------------------- \2\ The Commission has found the responses submitted by Nation Ford Chemical Co. and Archroma U.S., Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). --------------------------------------------------------------------------- In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (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. Determinations.--The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: December 14, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-30534 Filed 12-19-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92853
trademark prosecution and maintenance If the Commission orders some form Commission and must include a full
in the domestic industry analysis. As of remedy, the U.S. Trade statement of the reasons why the
recognized in Certain Video Game Representative, as delegated by the Commission should grant such
Systems and Controllers, patent President, has 60 days to approve or treatment. See 19 CFR 201.6. Documents
prosecution activities rarely qualify as disapprove the Commission’s action. for which confidential treatment by the
investments under section 337(a)(3)(C). See Presidential Memorandum of July Commission is properly sought will be
See Certain Video Game Systems and 21, 2005, 70 FR 43251 (July 26, 2005). treated accordingly. All information,
Controllers, Inv. No. 337–TA–743, During this period, the subject articles including confidential business
Comm’n Op., 2011 WL 1523774, *5 would be entitled to enter the United information and documents for which
(Apr. 14, 2011). Rather, such activities States under bond, in an amount confidential treatment is properly
are typically a step towards patent determined by the Commission and sought, submitted to the Commission for
ownership and are insufficient to prescribed by the Secretary of the purposes of this Investigation may be
constitute exploitation of the patent Treasury. The Commission is therefore disclosed to and used: (i) By the
under section 337(a)(3)(C). See id.; 19 interested in receiving submissions Commission, its employees and Offices,
U.S.C. 1337(a)(3)(C). Complainant made concerning the amount of the bond that and contract personnel (a) for
no showing that its patent and should be imposed if a remedy is developing or maintaining the records
trademark prosecution and maintenance ordered. of this or a related proceeding, or (b) in
expenses are related to engineering, Written Submissions: Parties to the internal investigations, audits, reviews,
research and development, or licensing, investigation, interested government and evaluations relating to the
or that such expenses otherwise qualify agencies, and any other interested programs, personnel, and operations of
under 19 U.S.C. 1337(a)(3)(C). parties are encouraged to file written the Commission including under 5
The Commission has determined not submissions on the issues of remedy, U.S.C. Appendix 3; or (ii) by U.S.
to review the remainder of the ID. the public interest, and bonding. government employees and contract
In connection with the final Complainant and the Commission personnel,1 solely for cybersecurity
investigative attorney are also requested purposes. All nonconfidential written
disposition of this investigation, the
to submit proposed remedial orders for submissions will be available for public
Commission may (1) issue an order that
the Commission’s consideration. inspection at the Office of the Secretary
could result in the exclusion of the
Complainant is also requested to state and on EDIS.
subject articles from entry into the
the HTSUS numbers under which the The authority for the Commission’s
United States, and/or (2) issue one or
accused products are imported and the determination is contained in section
more cease and desist orders that could
expiration date of the ’070 patent. The 337 of the Tariff Act of 1930, as
result in the respondent(s) being
Complainant is also requested to supply amended (19 U.S.C. 1337), and in part
required to cease and desist from
the names of all known importers of the 210 of the Commission’s Rules of
engaging in unfair acts in the
products at issue in this investigation. Practice and Procedure (19 CFR part
importation and sale of such articles. Written submissions must be filed no
Accordingly, the Commission is 210).
later than close of business on January
interested in receiving written 4, 2017. Reply submissions must be By order of the Commission.
submissions that address the form of filed no later than the close of business Issued: December 14, 2016.
remedy, if any, that should be ordered. on January 11, 2017. Such submissions Lisa R. Barton,
If a party seeks exclusion of an article should address the ALJ’s recommended Secretary to the Commission.
from entry into the United States for determinations on remedy and bonding [FR Doc. 2016–30580 Filed 12–19–16; 8:45 am]
purposes other than entry for which were made in Order No. 11. No BILLING CODE 7020–02–P
consumption, the party should so further submissions on any of these
indicate and provide information issues will be permitted unless
establishing that activities involving otherwise ordered by the Commission. INTERNATIONAL TRADE
other types of entry either are adversely Persons filing written submissions COMMISSION
affecting it or likely to do so. For must file the original document
background, see Certain Devices for electronically on or before the deadlines [Investigation Nos. 701–TA–318 and 731–
Connecting Computers via Telephone stated above and submit eight (8) true TA–538 and 561 (Fourth Review)]
Lines, Inv. No. 337–TA–360, USITC paper copies to the Office of the
Pub. No. 2843 (Dec. 1994) (Comm’n Secretary by noon the next day pursuant Sulfanilic Acid From China and India;
Op.). to section 210.4(f) of the Commission’s Scheduling of Expedited Five-Year
If the Commission contemplates some Rules of Practice and Procedure (19 CFR Reviews
form of remedy, it must consider the 210.4(f)). Submissions should refer to AGENCY: United States International
effects of that remedy upon the public the investigation number (‘‘Inv. No. Trade Commission.
interest. The factors the Commission 337–TA–988’’) in a prominent place on
ACTION: Notice.
will consider include the effect that an the cover page and/or the first page. (See
exclusion order and/or cease and desist Handbook for Electronic Filing SUMMARY: The Commission hereby gives
orders would have on (1) the public Procedures, https://www.usitc.gov/ notice of the scheduling of expedited
health and welfare, (2) competitive secretary/fed_reg_notices/rules/ reviews pursuant to the Tariff Act of
conditions in the U.S. economy, (3) U.S. handbook_on_electronic_filing.pdf). 1930 (‘‘the Act’’) to determine whether
production of articles that are like or Persons with questions regarding filing
mstockstill on DSK3G9T082PROD with NOTICES
revocation of the countervailing duty
directly competitive with those that are should contact the Secretary (202–205– order on sulfanilic acid from India and
subject to investigation, and (4) U.S. 2000). antidumping orders on sulfanilic acid
consumers. The Commission is Any person desiring to submit a from China and India would be likely to
therefore interested in receiving written document to the Commission in lead to continuation or recurrence of
submissions that address the confidence must request confidential
aforementioned public interest factors treatment. All such requests should be 1 All contract personnel will sign appropriate
in the context of this investigation. directed to the Secretary to the nondisclosure agreements.
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![92854 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
material injury within a reasonably subparts A, D, E, and F (19 CFR part up to 90 days pursuant to 19 U.S.C.
foreseeable time. 207). 1675(c)(5)(B).
DATES: Effective Date: December 5, 2016. Staff report.—A staff report Authority: These reviews are being
containing information concerning the conducted under authority of title VII of the
FOR FURTHER INFORMATION CONTACT:
subject matter of the reviews will be Tariff Act of 1930; this notice is published
Lawrence Jones (202–205–3358), Office
placed in the nonpublic record on pursuant to section 207.62 of the
of Investigations, U.S. International Commission’s rules.
December 15, 2016, and made available
Trade Commission, 500 E Street SW.,
to persons on the Administrative By order of the Commission.
Washington, DC 20436. Hearing-
Protective Order service list for these Issued: December 14, 2016.
impaired persons can obtain
reviews. A public version will be issued Lisa R. Barton,
information on this matter by contacting
thereafter, pursuant to section
the Commission’s TDD terminal on 202– Secretary to the Commission.
207.62(d)(4) of the Commission’s rules.
205–1810. Persons with mobility [FR Doc. 2016–30534 Filed 12–19–16; 8:45 am]
Written submissions.—As provided in
impairments who will need special BILLING CODE 7020–02–P
section 207.62(d) of the Commission’s
assistance in gaining access to the
rules, interested parties that are parties
Commission should contact the Office
to the reviews and that have provided
of the Secretary at 202–205–2000. DEPARTMENT OF JUSTICE
individually adequate responses to the
General information concerning the
notice of institution,2 and any party
Commission may also be obtained by Notice of Lodging of Proposed
other than an interested party to the
accessing its internet server (https:// Consent Decree Under the Clean Water
reviews may file written comments with
www.usitc.gov). The public record for Act
the Secretary on what determinations
these reviews may be viewed on the
the Commission should reach in the On December 12, 2016, the
Commission’s electronic docket (EDIS)
reviews. Comments are due on or before Department of Justice lodged a proposed
at https://edis.usitc.gov.
December 22, 2016 and may not contain consent decree with the United States
SUPPLEMENTARY INFORMATION: new factual information. Any person District Court for the Northern District
Background.— On December 5, 2016, that is neither a party to the five-year of Indiana in the lawsuit entitled United
the Commission determined that the reviews nor an interested party may States and State of Indiana v. the City
domestic interested party group submit a brief written statement (which of Gary, Indiana, and Gary Sanitary
response to its notice of institution (81 shall not contain any new factual District, Civil Action No. 2:16–cv–512
FR 60386, September 1, 2016) of the information) pertinent to the reviews by (N.D. Ind.).
subject five-year reviews was adequate. December 22, 2016. However, should The United States and the State filed
The Commission also determined that the Department of Commerce extend the a complaint under the Clean Water Act,
the respondent interested party group time limit for its completion of the final alleging violations of the Gary Sanitary
response with respect to the order on results of its reviews, the deadline for District’s wastewater discharge permit
sulfanilic acid from China was adequate comments (which may not contain new and duty to respond to an information
but that the respondent interested party factual information) on Commerce’s request issued by the United States
group response with respect to the final results is three business days after Environmental Protection Agency. The
orders on sulfanilic acid from India was the issuance of Commerce’s results. If Settling Defendants are the Gary
inadequate. However, on November 18, comments contain business proprietary Sanitary District and the City of Gary.
2016, the sole participating respondent information (BPI), they must conform The proposed consent decree requires
interested party, in the review on with the requirements of sections 201.6, the Settling Defendants to: (1) Develop
sulfanilic acid from China (Archroma), 207.3, and 207.7 of the Commission’s and implement a control plan
withdrew its position and statements rules. The Commission’s rules with addressing discharges from the Gary
that advocated for revocation of the respect to filing were revised effective Sanitary District’s combined sewer
order. The Commission therefore July 25, 2014. See 79 FR 35920 (June 25, overflow outfalls into the local water
determined that it would not be 2014), and the revised Commission bodies; (2) implement additional
appropriate to conduct a full review of Handbook on E-filing, available from the operational changes focused on
the order concerning China. The Commission’s Web site at https:// improving the wastewater treatment
Commission did not find any edis.usitc.gov. system’s efficiency; (3) repay an
circumstances that warranted In accordance with sections 201.16(c) outstanding loan extended to the City by
conducting full reviews with respect to and 207.3 of the rules, each document the District; (4) pay a civil penalty of
the orders concerning India.1 filed by a party to the reviews must be $75,000; (5) perform a supplemental
Accordingly, the Commission served on all other parties to the reviews environmental project costing $175,000;
determined that it would conduct (as identified by either the public or BPI and (6) provide schedules for the
expedited reviews pursuant to section service list), and a certificate of service remaining remediation of the Ralston
751(c)(3) of the Tariff Act of 1930 (19 must be timely filed. The Secretary will Street Lagoon and the remediation of
U.S.C. 1675(c)(3)). not accept a document for filing without sediment in the Grand Calumet River,
For further information concerning a certificate of service. which are outstanding Clean Water Act
the conduct of these reviews and rules Determinations.—The Commission and Toxic Substances Control Act
of general application, consult the has determined these reviews are requirements from a consent decree
Commission’s Rules of Practice and extraordinarily complicated and entered into by the Parties in 2003 in
mstockstill on DSK3G9T082PROD with NOTICES
Procedure, part 201, subparts A and B therefore has determined to exercise its Civil Action No. 2:78–cv–29 and 86–540
(19 CFR part 201), and part 207, authority to extend the review period by (N.D. Ind.). The settlement would
resolve the Settling Defendants’ civil
1 A record of the Commissioners’ votes, the 2 The Commission has found the responses
liability for the violations alleged in the
Commission’s statement on adequacy, and any submitted by Nation Ford Chemical Co. and
individual Commissioner’s statements will be Archroma U.S., Inc. to be individually adequate.
complaint that has been filed in the
available from the Office of the Secretary and at the Comments from other interested parties will not be same action also on December 12, 2016.
Commission’s Web site. accepted (see 19 CFR 207.62(d)(2)). The United States and Indiana reached
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Document Created: 2018-02-14 09:10:05
Document Modified: 2018-02-14 09:10:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective Date: December 5, 2016. | |
| 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 these reviews may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 81 FR 92853 |
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