82 FR 12841 - Dioctyl Terephthalate (DOTP) From Korea: Scheduling of the Final Phase of an Antidumping Duty Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 43 (March 7, 2017)
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12841-12842 | |
| FR Document | 2017-04438 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12841-12842] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04438] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1330 (Final)] Dioctyl Terephthalate (DOTP) 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-1330 (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 dioctyl terephthalate (DOTP) from Korea, provided for in subheading 2917.39.20 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fair- value. DATES: Effective February 3, 2017. FOR FURTHER INFORMATION CONTACT: Porscha Stiger (202-205-3241), 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 dioctyl terephthalate (DOTP) 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 June 30, 2016, by Eastman Chemical Company, Kingsport, Tennessee.\1\ --------------------------------------------------------------------------- \1\ For purposes of this investigation, the Department of Commerce has defined the subject merchandise as dioctyl terephthalate (``DOTP''), regardless of form. DOTP that has been blended with other products is included within this scope when such blends include constituent parts that have not been chemically reacted with each other to produce a different product. For such blends, only the DOTP component of the mixture is covered by the scope of this investigation. DOTP that is otherwise subject to this investigation is not excluded when commingled with DOTP from sources not subject to this investigation. Commingled refers to the mixing of subject and nonsubject DOTP. Only the subject component of such commingled products is covered by the scope of the investigation. DOTP has the general chemical formulation C6 H4 (C8 H17 COO)2 and a chemical name of ``bis (2-ethylhexyl) terephthalate'' and has a Chemical Abstract Service (``CAS'') registry number of 6422-86-2. Regardless of the label, all DOTP is covered by this investigation. Subject merchandise is currently classified under subheading 2917.39.2000 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Subject merchandise may also enter under subheadings 2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry number and HTSUS classification are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. --------------------------------------------------------------------------- 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 [[Page 12842]] 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 May 18, 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, June 6, 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 Wednesday, May 31, 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 Friday, June 2, 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 May 25, 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 Tuesday, June 13, 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 June 13, 2017. On July 11, 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 Thursday, July 13, 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://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 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: March 2, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-04438 Filed 3-6-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12841
Washington, DC 20240. Comments may representatives from State and Tribal 205–1810. Persons with mobility
also be submitted electronically to regulatory and reclamation authorities, impairments who will need special
jtrelease@osmre.gov. representatives of industry, assistance in gaining access to the
FOR FURTHER INFORMATION CONTACT: To environmental or citizen groups, or the Commission should contact the Office
receive a copy of the information public, are the recipients of the of the Secretary at 202–205–2000.
collection request contact John Trelease, assistance or participants in these General information concerning the
at (202) 208–2783, or electronically at forums. These surveys will be the Commission may also be obtained by
jtrelease@osmre.gov. primary means through which OSMRE accessing its internet server (https://
SUPPLEMENTARY INFORMATION: OMB evaluates its performance in meeting the www.usitc.gov). The public record for
regulations at 5 CFR 1320, which performance goals outlined in its annual this investigation may be viewed on the
implement provisions of the Paperwork plans developed pursuant to the Commission’s electronic docket (EDIS)
Government Performance and Results at https://edis.usitc.gov.
Reduction Act of 1995 (Pub. L. 104–13),
require that interested members of the Act. SUPPLEMENTARY INFORMATION:
public and affected agencies have an Bureau Form Number: None. Background.—The final phase of this
opportunity to comment on information Frequency of Collection: Once. investigation is being scheduled,
collection and recordkeeping activities Description of Respondents: 26 State pursuant to section 735(b) of the Tariff
[see 5 CFR 1320.8 (d)]. This notice and Tribal governments, industry Act of 1930 (19 U.S.C. 1673d(b)), as a
identifies the information collection that organizations and individuals who result of an affirmative preliminary
request information or assistance. determination by the Department of
OSMRE will be submitting to OMB for
Total Annual Responses: 106. Commerce that imports of dioctyl
approval. An agency may not conduct or
Total Annual Burden Hours: 9. terephthalate (DOTP) from Korea are
sponsor, and a person is not required to
being sold in the United States at less
respond to, a collection of information Dated: February 14, 2017.
than fair value within the meaning of
unless it displays a currently valid OMB John A. Trelease,
section 733 of the Act (19 U.S.C. 1673b).
control number. The OMB control Acting Chief, Division of Regulatory Support. The investigation was requested in a
number for this collection of [FR Doc. 2017–04359 Filed 3–6–17; 8:45 am] petition filed on June 30, 2016, by
information is 1029–0114 and is on the BILLING CODE 4310–05–P Eastman Chemical Company, Kingsport,
forms along with the expiration date.
Tennessee.1
OSMRE will request a 3-year term of For further information concerning
approval for this information collection the conduct of this phase of the
INTERNATIONAL TRADE
activity. investigation, hearing procedures, and
COMMISSION
Comments are invited on: (1) The rules of general application, consult the
need for the collection of information [Investigation No. 731–TA–1330 (Final)] Commission’s Rules of Practice and
for the performance of the functions of Procedure, part 201, subparts A and B
the agency; (2) the accuracy of the Dioctyl Terephthalate (DOTP) From
Korea: Scheduling of the Final Phase (19 CFR part 201), and part 207,
agency’s burden estimates; (3) ways to subparts A and C (19 CFR part 207).
enhance the quality, utility and clarity of an Antidumping Duty Investigation
Participation in the investigation and
of the information collection; and (4) AGENCY: United States International public service list.—Persons, including
ways to minimize the information Trade Commission. industrial users of the subject
collection burden on respondents, such merchandise and, if the merchandise is
ACTION: Notice.
as use of automated means of collection sold at the retail level, representative
of the information. A summary of the SUMMARY: The Commission hereby gives consumer organizations, wishing to
public comments will accompany notice of the scheduling of the final participate in the final phase of this
OSMRE’s submission of the information phase of antidumping investigation No.
collection request to OMB. 731–TA–1330 (Final) pursuant to the 1 For purposes of this investigation, the
Before including your address, phone Tariff Act of 1930 (‘‘the Act’’) to Department of Commerce has defined the subject
number, email address, or other merchandise as dioctyl terephthalate (‘‘DOTP’’),
determine whether an industry in the regardless of form. DOTP that has been blended
personal identifying information in your United States is materially injured or with other products is included within this scope
comment, you should be aware that threatened with material injury, or the when such blends include constituent parts that
your entire comment—including your establishment of an industry in the have not been chemically reacted with each other
personal identifying information—may to produce a different product. For such blends,
United States is materially retarded, by only the DOTP component of the mixture is covered
be made publicly available at any time. reason of imports of dioctyl by the scope of this investigation. DOTP that is
While you can ask us in your comment terephthalate (DOTP) from Korea, otherwise subject to this investigation is not
to withhold your personal identifying provided for in subheading 2917.39.20
excluded when commingled with DOTP from
sources not subject to this investigation.
information from public review, we of the Harmonized Tariff Schedule of Commingled refers to the mixing of subject and
cannot guarantee that we will be able to the United States, preliminarily nonsubject DOTP. Only the subject component of
do so. determined by the Department of such commingled products is covered by the scope
This notice provides the public with of the investigation. DOTP has the general chemical
Commerce to be sold at less-than-fair- formulation C6H4(C8H17COO)2 and a chemical name
60 days in which to comment on the value. of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a
following information collection Chemical Abstract Service (‘‘CAS’’) registry number
activity: DATES: Effective February 3, 2017. of 6422–86–2. Regardless of the label, all DOTP is
FOR FURTHER INFORMATION CONTACT: covered by this investigation. Subject merchandise
sradovich on DSK3GMQ082PROD with NOTICES
Title: Technical Evaluations Series.
is currently classified under subheading
OMB Control Number: 1029–0114. Porscha Stiger (202–205–3241), Office of 2917.39.2000 of the Harmonized Tariff Schedule of
Summary: This series of surveys is Investigations, U.S. International Trade the United States (‘‘HTSUS’’). Subject merchandise
needed to ensure that technical Commission, 500 E Street SW., may also enter under subheadings 2917.39.7000 or
assistance activities, technology transfer Washington, DC 20436. Hearing- 3812.20.1000 of the HTSUS. While the CAS registry
number and HTSUS classification are provided for
activities and technical forums are impaired persons can obtain convenience and customs purposes, the written
useful for those who participate or information on this matter by contacting description of the scope of this investigation is
receive the assistance. Specifically, the Commission’s TDD terminal on 202– dispositive.
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![12842 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
investigation as parties must file an any request to present a portion of their Authority: This investigation is being
entry of appearance with the Secretary hearing testimony in camera no later conducted under authority of title VII of
to the Commission, as provided in than 7 business days prior to the date of the Tariff Act of 1930; this notice is
section 201.11 of the Commission’s the hearing. published pursuant to section 207.21 of
rules, no later than 21 days prior to the Written submissions.—Each party the Commission’s rules.
hearing date specified in this notice. A who is an interested party shall submit By order of the Commission.
party that filed a notice of appearance a prehearing brief to the Commission.
Issued: March 2, 2017.
during the preliminary phase of the Prehearing briefs must conform with the
Lisa R. Barton,
investigation need not file an additional provisions of section 207.23 of the
Commission’s rules; the deadline for Secretary to the Commission.
notice of appearance during this final
phase. The Secretary will maintain a filing is May 25, 2017. Parties may also [FR Doc. 2017–04438 Filed 3–6–17; 8:45 am]
public service list containing the names file written testimony in connection BILLING CODE 7020–02–P
and addresses of all persons, or their with their presentation at the hearing, as
representatives, who are parties to the provided in section 207.24 of the
investigation. Commission’s rules, and posthearing INTERNATIONAL TRADE
Limited disclosure of business briefs, which must conform with the COMMISSION
proprietary information (BPI) under an provisions of section 207.25 of the [Investigation Nos. 701–TA–562 and 731–
administrative protective order (APO) Commission’s rules. The deadline for TA–1329 (Final)]
and BPI service list.—Pursuant to filing posthearing briefs is Tuesday,
section 207.7(a) of the Commission’s June 13, 2017. In addition, any person Ammonium Sulfate From China
rules, the Secretary will make BPI who has not entered an appearance as Determinations
gathered in the final phase of this a party to the investigation may submit
investigation available to authorized a written statement of information On the basis of the record 1 developed
applicants under the APO issued in the pertinent to the subject of the in the subject investigations, the United
investigation, provided that the investigation, including statements of States International Trade Commission
application is made no later than 21 support or opposition to the petition, on (‘‘Commission’’) determines, pursuant
days prior to the hearing date specified or before June 13, 2017. On July 11, to the Tariff Act of 1930 (‘‘the Act’’),
in this notice. Authorized applicants 2017, the Commission will make that an industry in the United States is
must represent interested parties, as available to parties all information on materially injured by reason of imports
defined by 19 U.S.C. 1677(9), who are which they have not had an opportunity of ammonium sulfate from China,
parties to the investigation. A party to comment. Parties may submit final provided for in subheading 3102.21.00
granted access to BPI in the preliminary comments on this information on or of the Harmonized Tariff Schedule of
phase of the investigation need not before Thursday, July 13, 2017, but such the United States, that have been found
reapply for such access. A separate final comments must not contain new by the Department of Commerce
service list will be maintained by the factual information and must otherwise (‘‘Commerce’’) to be sold in the United
Secretary for those parties authorized to comply with section 207.30 of the States at less than fair value (‘‘LTFV’’),
receive BPI under the APO. Commission’s rules. All written and to be subsidized by the government
Staff report.—The prehearing staff submissions must conform with the of China.2
report in the final phase of this provisions of section 201.8 of the Background
investigation will be placed in the Commission’s rules; any submissions
nonpublic record on May 18, 2017, and that contain BPI must also conform with The Commission, pursuant to sections
a public version will be issued the requirements of sections 201.6, 705(b) and 735(b) of the Act (19 U.S.C.
thereafter, pursuant to section 207.22 of 207.3, and 207.7 of the Commission’s 1671d(b) and 19 U.S.C. 1673d(b)),
the Commission’s rules. rules. The Commission’s Handbook on instituted these investigations effective
Hearing.—The Commission will hold E-Filing, available on the Commission’s May 25, 2016, following receipt of a
a hearing in connection with the final Web site at https://www.usitc.gov/ petition filed with the Commission and
phase of this investigation beginning at secretary/documents/handbook_on_ Commerce by PCI Nitrogen, LLC,
9:30 a.m. on Tuesday, June 6, 2017, at filing_procedures.pdf, elaborates upon Pasadena, Texas. The final phase of the
the U.S. International Trade the Commission’s rules with respect to investigations was scheduled by the
Commission Building. Requests to electronic filing. Commission following notification of
appear at the hearing should be filed in Additional written submissions to the preliminary determinations by
writing with the Secretary to the Commission, including requests Commerce that imports of ammonium
Commission on or before Wednesday, pursuant to section 201.12 of the sulfate from China were subsidized
May 31, 2017. A nonparty who has Commission’s rules, shall not be within the meaning of section 703(b) of
testimony that may aid the accepted unless good cause is shown for the Act (19 U.S.C. 1671b(b)) and sold at
Commission’s deliberations may request accepting such submissions, or unless LTFV within the meaning of 733(b) of
permission to present a short statement the submission is pursuant to a specific the Act (19 U.S.C. 1673b(b)). Notice of
at the hearing. All parties and request by a Commissioner or the scheduling of the final phase of the
nonparties desiring to appear at the Commission staff. Commission’s investigations and of a
hearing and make oral presentations In accordance with sections 201.16(c) public hearing to be held in connection
should participate in a prehearing and 207.3 of the Commission’s rules, therewith was given by posting copies
conference to be held on Friday, June 2, each document filed by a party to the of the notice in the Office of the
sradovich on DSK3GMQ082PROD with NOTICES
2017, at the U.S. International Trade investigation must be served on all other Secretary, U.S. International Trade
Commission Building, if deemed parties to the investigation (as identified Commission, Washington, DC, and by
necessary. Oral testimony and written by either the public or BPI service list),
1 The record is defined in sec. 207.2(f) of the
materials to be submitted at the public and a certificate of service must be
Commission’s Rules of Practice and Procedure (19
hearing are governed by sections timely filed. The Secretary will not CFR 207.2(f)).
201.6(b)(2), 201.13(f), and 207.24 of the accept a document for filing without a 2 Commissioner Dean A. Pinkert did not
Commission’s rules. Parties must submit certificate of service. participate in these investigations.
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Document Created: 2018-02-01 14:49:22
Document Modified: 2018-02-01 14:49:22
| 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 February 3, 2017. | |
| Contact | Porscha Stiger (202-205-3241), 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 Citation | 82 FR 12841 |
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