82 FR 13132 - Paper Clips From China: Notice of Commission Determination To Conduct a Full Five-Year Review and Scheduling of a Full Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13132-13133
FR Document		2017-04596

The Commission hereby gives notice of its determination to conduct, and scheduling of, a full review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on paper clips from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13132-13133]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04596]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-663 (Fourth Review)]


Paper Clips From China: Notice of Commission Determination To 
Conduct a Full Five-Year Review and Scheduling of a Full Five-Year 
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of its determination to 
conduct, and scheduling of, a full review pursuant to the Tariff Act of 
1930 (``the Act'') to determine whether revocation of the antidumping 
duty order on paper clips from China would be likely to lead to 
continuation or recurrence of material injury within a reasonably 
foreseeable time. The Commission has determined to exercise its 
authority to extend the review period by up to 90 days.

DATES: Effective March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles ((202) 205-3187), 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 
review may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On September 6, 2016, the Commission determined that 
it should proceed to a full review in the subject five-year review 
pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)). The Commission found that the domestic interested party group 
response to its notice of institution (81 FR 35052, June 1, 2016) was 
adequate. The Commission found that the respondent interested party 
group response was inadequate. The Commission also found that other 
circumstances warranted conducting full reviews. Accordingly, a full 
review is being scheduled pursuant to section 751(c)(5) of the Tariff 
Act of 1930 (19 U.S.C. 1675(c)(5)). 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.
    Participation in the review 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 this review 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, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
review need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.
    For further information concerning the conduct of this review 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).
    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 this review available to authorized 
applicants under the APO issued in the review, provided that the 
application is made by 45 days after publication of this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the review. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the review 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 review will be 
placed in the nonpublic record on June 2, 2017, and a public version 
will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
review beginning at 9:30 a.m. on Thursday, June 22, 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 June 13, 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 June 16, 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), 207.24, and 207.66 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 to the review may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is June 13, 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 207.67 of the 
Commission's rules. The deadline for filing posthearing briefs is July 
3, 2017. In addition, any person who has not entered an appearance as a 
party to the review may submit a written statement of information 
pertinent to the subject of the review on or before July 3, 2017. On 
July 27, 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 July 
31, 2017, but such final comments must not contain new factual 
information and must otherwise comply with section 207.68 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

[[Page 13133]]

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 review must be served on 
all other parties to the review (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.
    The Commission has determined that 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:  This review is 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: March 2, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04596 Filed 3-8-17; 8:45 am]
 BILLING CODE 7020-02-P

13132 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

Dated: January 13, 2017. Commission also found that other beginning at 9:30 a.m. on Thursday,
Lori Nordstrom, circumstances warranted conducting June 22, 2017, at the U.S. International
Assistant Regional Director, Ecological full reviews. Accordingly, a full review Trade Commission Building. Requests
Services, Midwest Region. is being scheduled pursuant to section to appear at the hearing should be filed
[FR Doc. 2017–04663 Filed 3–8–17; 8:45 am] 751(c)(5) of the Tariff Act of 1930 (19 in writing with the Secretary to the
BILLING CODE 4333–15–P U.S.C. 1675(c)(5)). A record of the Commission on or before June 13, 2017.
Commissioners’ votes, the A nonparty who has testimony that may
Commission’s statement on adequacy, aid the Commission’s deliberations may
INTERNATIONAL TRADE and any individual Commissioner’s request permission to present a short
COMMISSION statements will be available from the statement at the hearing. All parties and
Office of the Secretary and at the nonparties desiring to appear at the
[Investigation No. 731–TA–663 (Fourth Commission’s Web site.
Review)]
hearing and make oral presentations
Participation in the review and public should participate in a prehearing
service list.—Persons, including
Paper Clips From China: Notice of conference to be held on June 16, 2017,
industrial users of the subject
Commission Determination To at the U.S. International Trade
merchandise and, if the merchandise is
Conduct a Full Five-Year Review and Commission Building, if deemed
sold at the retail level, representative
Scheduling of a Full Five-Year Review consumer organizations, wishing to necessary. Oral testimony and written
participate in this review as parties materials to be submitted at the public
AGENCY: United States International hearing are governed by sections
Trade Commission. must file an entry of appearance with
the Secretary to the Commission, as 201.6(b)(2), 201.13(f), 207.24, and
ACTION: Notice. 207.66 of the Commission’s rules.
provided in section 201.11 of the
SUMMARY: The Commission hereby gives Commission’s rules, by 45 days after Parties must submit any request to
notice of its determination to conduct, publication of this notice. A party that present a portion of their hearing
and scheduling of, a full review filed a notice of appearance following testimony in camera no later than 7
pursuant to the Tariff Act of 1930 (‘‘the publication of the Commission’s notice business days prior to the date of the
Act’’) to determine whether revocation of institution of the review need not file hearing.
of the antidumping duty order on paper an additional notice of appearance. The Written submissions.—Each party to
clips from China would be likely to lead Secretary will maintain a public service the review may submit a prehearing
to continuation or recurrence of material list containing the names and addresses brief to the Commission. Prehearing
injury within a reasonably foreseeable of all persons, or their representatives, briefs must conform with the provisions
time. The Commission has determined who are parties to the review. of section 207.65 of the Commission’s
to exercise its authority to extend the For further information concerning rules; the deadline for filing is June 13,
review period by up to 90 days. the conduct of this review and rules of 2017. Parties may also file written
DATES: Effective March 1, 2017.
general application, consult the testimony in connection with their
Commission’s Rules of Practice and presentation at the hearing, as provided
FOR FURTHER INFORMATION CONTACT: Fred
Procedure, part 201, subparts A and B in section 207.24 of the Commission’s
Ruggles ((202) 205–3187), Office of (19 CFR part 201), and part 207,
Investigations, U.S. International Trade rules, and posthearing briefs, which
subparts A, D, E, and F (19 CFR part must conform with the provisions of
Commission, 500 E Street SW., 207).
Washington, DC 20436. Hearing- section 207.67 of the Commission’s
Limited disclosure of business
impaired persons can obtain rules. The deadline for filing
proprietary information (BPI) under an
information on this matter by contacting administrative protective order (APO) posthearing briefs is July 3, 2017. In
the Commission’s TDD terminal on 202– and BPI service list.—Pursuant to addition, any person who has not
205–1810. Persons with mobility section 207.7(a) of the Commission’s entered an appearance as a party to the
impairments who will need special rules, the Secretary will make BPI review may submit a written statement
assistance in gaining access to the gathered in this review available to of information pertinent to the subject of
Commission should contact the Office authorized applicants under the APO the review on or before July 3, 2017. On
of the Secretary at 202–205–2000. issued in the review, provided that the July 27, 2017, the Commission will
General information concerning the application is made by 45 days after make available to parties all information
Commission may also be obtained by publication of this notice. Authorized on which they have not had an
accessing its internet server (https:// applicants must represent interested opportunity to comment. Parties may
www.usitc.gov). The public record for parties, as defined by 19 U.S.C. 1677(9), submit final comments on this
this review may be viewed on the who are parties to the review. A party information on or before July 31, 2017,
Commission’s electronic docket (EDIS) granted access to BPI following but such final comments must not
at https://edis.usitc.gov. publication of the Commission’s notice contain new factual information and
SUPPLEMENTARY INFORMATION: of institution of the review need not must otherwise comply with section
Background.—On September 6, 2016, reapply for such access. A separate 207.68 of the Commission’s rules. All
the Commission determined that it service list will be maintained by the written submissions must conform with
should proceed to a full review in the Secretary for those parties authorized to the provisions of section 201.8 of the
subject five-year review pursuant to Commission’s rules; any submissions
asabaliauskas on DSK3SPTVN1PROD with NOTICES

receive BPI under the APO.
section 751(c) of the Tariff Act of 1930 Staff report.—The prehearing staff that contain BPI must also conform with
(19 U.S.C. 1675(c)). The Commission report in the review will be placed in the requirements of sections 201.6,
found that the domestic interested party the nonpublic record on June 2, 2017, 207.3, and 207.7 of the Commission’s
group response to its notice of and a public version will be issued rules. The Commission’s Handbook on
institution (81 FR 35052, June 1, 2016) thereafter, pursuant to section 207.64 of E-Filing, available on the Commission’s
was adequate. The Commission found the Commission’s rules. Web site at https://www.usitc.gov/
that the respondent interested party Hearing.—The Commission will hold secretary/documents/handbook_on_
group response was inadequate. The a hearing in connection with the review filing_procedures.pdf, elaborates upon

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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13133

the Commission’s rules with respect to under 19 CFR 210.21 and, in the Attorney (‘‘IA’’) filed a response in
electronic filing. alternative, 19 CFR 210.18. opposition to Respondents’ motion to
Additional written submissions to the FOR FURTHER INFORMATION CONTACT: terminate. On November 14, 2016, the
Commission, including requests Houda Morad, Office of the General ALJ issued the subject ID, granting
pursuant to section 201.12 of the Counsel, U.S. International Trade Respondents’ motion to terminate
Commission’s rules, shall not be Commission, 500 E Street SW., Complainant’s antitrust claim under 19
accepted unless good cause is shown for Washington, DC 20436, telephone (202) CFR 210.21 and, in the alternative,
accepting such submissions, or unless 708–4716. Copies of non-confidential under 19 CFR 210.18. On November 23,
the submission is pursuant to a specific documents filed in connection with this 2016, Complainant and the IA filed
request by a Commissioner or investigation are or will be available for petitions for review of the ID.
Commission staff. inspection during official business Complainant also requested oral
In accordance with sections 201.16(c) hours (8:45 a.m. to 5:15 p.m.) in the argument before the Commission. On
and 207.3 of the Commission’s rules, Office of the Secretary, U.S. December 1, 2016, Respondents filed a
each document filed by a party to the International Trade Commission, 500 E response to the petitions for review.
review must be served on all other Street SW., Washington, DC 20436, Also on December 1, 2016, Complainant
parties to the review (as identified by telephone (202) 205–2000. General filed a response to the IA’s petition for
either the public or BPI service list), and information concerning the Commission review.
a certificate of service must be timely may also be obtained by accessing its On December 19, 2016, the
filed. The Secretary will not accept a Internet server at https://www.usitc.gov. Commission issued a Notice
document for filing without a certificate The public record for this investigation determining to review the ID (Order No.
of service. may be viewed on the Commission’s 38). See 81 FR 94416–17 (Dec. 23, 2016).
The Commission has determined that electronic docket (EDIS) at https:// In the Notice, the Commission requested
these reviews are extraordinarily edis.usitc.gov. Hearing-impaired written submissions from ‘‘[t]he parties
complicated and therefore has persons are advised that information on to the investigation, including the Office
determined to exercise its authority to this matter can be obtained by of Unfair Import Investigations, and
extend the review period by up to 90 interested government agencies’’ in
contacting the Commission’s TDD
days pursuant to 19 U.S.C.1675(c)(5)(B). connection with its review and set a
terminal on (202) 205–1810.
date of March 14, 2017, for possible oral
Authority: This review is being conducted SUPPLEMENTARY INFORMATION: The
argument. Id.
under authority of title VII of the Tariff Act Commission instituted Investigation No. On February 24, 2017, the
of 1930; this notice is published pursuant to 337–TA–1002 on June 2, 2016, based on
section 207.62 of the Commission’s rules.
Commission issued a notice indicating
a complaint filed by Complainant that, pursuant to Commission Rule
By order of the Commission. United States Steel Corporation of 210.45 (19 CFR 210.45), an oral
Issued: March 2, 2017. Pittsburgh, Pennsylvania (‘‘U.S. Steel’’), argument would be held on March 14,
Lisa R. Barton, alleging a violation of Section 337 of the 2017, in connection with the
Secretary to the Commission. Tariff Act of 1930, as amended, 19 Commission’s review of Order No. 38.
[FR Doc. 2017–04596 Filed 3–8–17; 8:45 am]
U.S.C. 1337. See 81 FR 35381 (June 2, The Commission has determined to
2016). The complaint alleges violations issue today’s request for written
BILLING CODE 7020–02–P
of Section 337 based upon the submissions from any member of the
importation into the United States, or in public (not including the parties to this
INTERNATIONAL TRADE the sale of certain carbon and alloy steel investigation) and any interested
COMMISSION products by reason of: (1) A conspiracy government agencies with respect to
to fix prices and control output and questions 1–4 of the December 19, 2016,
export volumes, the threat or effect of Notice (see 81 FR 94416–17), as
[Investigation No. 337–TA–1002] which is to restrain or monopolize trade reproduced below:
Certain Carbon and Alloy Steel and commerce in the United States; (2) 1. Please explain the policies that
Products; Commission Determination misappropriation and use of trade underlie the injury requirement under
To Seek Further Written Submissions secrets, the threat or effect of which is Section 337(a)(1)(A)(iii), including an
From the Public and To Reschedule to destroy or substantially injure an analysis of any relevant statutory
the Date for an Oral Argument industry in the United States; and (3) language, legislative history,
false designation of origin or Commission determinations, case law,
AGENCY: U.S. International Trade manufacturer, the threat or effect of or other authority. In discussing this
Commission. which is to destroy or substantially question, please also explain how the
ACTION: Notice. injure an industry in the United States. injury requirement under Section
Id. The notice of investigation identified 337(a)(1)(A)(iii) is different from, or
SUMMARY: Notice is hereby given that forty (40) respondents that are Chinese relates to, the injury requirement that
the U.S. International Trade steel manufacturers or distributors, as applies under Section 337(a)(1)(A)(i).
Commission has determined to seek well as some of their Hong Kong and 2. Please explain what Complainant
further written submissions from the United States affiliates. Id. In addition, must prove to satisfy the injury
public in response to the December 19, the Office of Unfair Import requirement under Section
2016, Notice, see 81 FR 94416–17 (Dec. Investigations is a party in this 337(a)(1)(A)(iii), where the alleged
asabaliauskas on DSK3SPTVN1PROD with NOTICES

23, 2016), and to reschedule the date for investigation. Id. unfair act in violation of Section 337 is
an oral argument to April 20, 2017, in On August 26, 2016, Respondents based on a claim alleging a conspiracy
connection with the Commission’s filed a motion to terminate U.S. Steel’s to fix prices and control output and
review of the initial determination antitrust claim under 19 CFR 210.21. On export volumes (‘‘antitrust claim’’).
(‘‘ID’’) (Order No. 38) of the presiding September 6, 2016, U.S. Steel filed a Please include an analysis of any
administrative law judge (‘‘ALJ’’) response in opposition to Respondents’ relevant statutory language, legislative
granting Respondents’ motion to motion to terminate. On September 9, history, Commission determinations,
terminate Complainant’s antitrust claim 2016, the Commission Investigative case law, or other authority.

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Document Created: 2017-03-09 04:58:23
Document Modified: 2017-03-09 04:58:23

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 March 1, 2017.
Contact		Fred Ruggles ((202) 205-3187), 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 review may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FR Citation		82 FR 13132