82 FR 13503 - Emulsion Styrene-Butadiene Rubber From Brazil, Korea, Mexico, and Poland; Scheduling of the Final Phase of Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 47 (March 13, 2017)
Federal Register Volume 82, Issue 47 (March 13, 2017)
| Page Range | 13503-13504 | |
| FR Document | 2017-04825 |
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)] [Notices] [Pages 13503-13504] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04825] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1334-1337 (Final)] Emulsion Styrene-Butadiene Rubber From Brazil, Korea, Mexico, and Poland; Scheduling of the Final Phase of Antidumping Duty Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1334-1337 (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 emulsion styrene-butadiene rubber from Brazil, Korea, Mexico, and Poland, provided for in subheading 4002.19.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fair-value. DATES: Effective February 24, 2017. FOR FURTHER INFORMATION CONTACT: Nathanael Comly ([email protected]; (202) 205-3174), 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 [[Page 13504]] 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 investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.--The final phase of these investigations is being scheduled,\1\ pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of affirmative preliminary determinations by the Department of Commerce that imports of emulsion styrene- butadiene rubber from Brazil, Korea, Mexico, and Poland 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 investigations were requested in a petition filed on July 21, 2016, by Lion Elastomers LLC (Port Neches, Texas) and East West Copolymer, LLC (Baton Rouge, Louisiana). --------------------------------------------------------------------------- \1\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as cold-polymerized emulsion styrene-butadiene rubber (ESB rubber). This includes, but is not limited to, ESB rubber in primary forms, bales, granules, crumbs, pellets, powders, plates, sheets, strip, etc. ESB rubber consists of non-pigmented rubbers and oil-extended non-pigmented rubbers, both of which contain at least one percent of organic acids from the emulsion polymerization process. For a full description of the scope of these investigations, including product exclusions, see Emulsion Styrene-Butadiene Rubber From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 11538, February 24, 2017. --------------------------------------------------------------------------- For further information concerning the conduct of this phase of the investigations, 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 investigations 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 these investigations 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 investigations 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 investigations. 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 these investigations available to authorized applicants under the APO issued in the investigations, 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 investigations. A party granted access to BPI in the preliminary phase of the investigations 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 these investigations will be placed in the nonpublic record on June 15, 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 these investigations beginning at 9:30 a.m. on Thursday, June 29, 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 23, 2017. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on June 26, 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 June 22, 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 July 7, 2017. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before July 7, 2017. On July 28, 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 August 1, 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 investigations must be served on all other parties to the investigations (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: These investigations are 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. Issued: March 7, 2017. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-04825 Filed 3-10-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices 13503
Commission’s TDD terminal on (202) (v) explain how the requested personnel,2 solely for cybersecurity
205–1810. remedial orders would impact United purposes. All nonconfidential written
SUPPLEMENTARY INFORMATION: The States consumers. submissions will be available for public
Commission has received a complaint Written submissions must be filed no inspection at the Office of the Secretary
and a submission pursuant to § 210.8(b) later than by close of business, eight and on EDIS.3
of the Commission’s Rules of Practice calendar days after the date of This action is taken under the
and Procedure filed on behalf of Electric publication of this notice in the Federal authority of section 337 of the Tariff Act
Mirror, LLC and Kelvin 42 LLC on Register. There will be further of 1930, as amended (19 U.S.C. 1337),
March 8, 2017. The complaint alleges opportunities for comment on the and of §§ 201.10 and 210.8(c) of the
violations of section 337 of the Tariff public interest after the issuance of any Commission’s Rules of Practice and
Act of 1930 (19 U.S.C. 1337) in the final initial determination in this Procedure (19 CFR 201.10, 210.8(c)).
importation into the United States, the investigation. By order of the Commission.
sale for importation, and the sale within Persons filing written submissions Issued: March 8, 2017.
the United States after importation of must file the original document Lisa R. Barton,
certain mirrors with internal electronically on or before the deadlines Secretary to the Commission.
illumination and components thereof. stated above and submit 8 true paper [FR Doc. 2017–04905 Filed 3–10–17; 8:45 am]
The complaint names as respondents copies to the Office of the Secretary by
BILLING CODE 7020–02–P
Aptations, Inc. of Dublin, CA; noon the next day pursuant to § 210.4(f)
Foundation Art Services, Inc. of of the Commission’s Rules of Practice
Deerfield Beach, FL; Lumidesign Inc. of and Procedure (19 CFR 210.4(f)). INTERNATIONAL TRADE
Canada; Majestic Mirrors & Frame, LLC Submissions should refer to the docket COMMISSION
of Miami, FL; and Project Light, LLC of number (‘‘Docket No. 3202’’) in a
Stow, OH. The complainants request prominent place on the cover page and/ [Investigation Nos. 731–TA–1334–1337
that the Commission issue a limited or the first page. (See Handbook for (Final)]
exclusion order and cease and desist Electronic Filing Procedures, Electronic
Emulsion Styrene-Butadiene Rubber
orders. Filing Procedures 1). Persons with
From Brazil, Korea, Mexico, and
Proposed respondents, other questions regarding filing should
Poland; Scheduling of the Final Phase
interested parties, and members of the contact the Secretary (202–205–2000).
of Antidumping Duty Investigations
public are invited to file comments, not Any person desiring to submit a
to exceed five (5) pages in length, document to the Commission in AGENCY: United States International
inclusive of attachments, on any public confidence must request confidential Trade Commission.
interest issues raised by the complaint treatment. All such requests should be ACTION: Notice.
or § 210.8(b) filing. Comments should directed to the Secretary to the
address whether issuance of the relief Commission and must include a full SUMMARY: The Commission hereby gives
specifically requested by the statement of the reasons why the notice of the scheduling of the final
complainant in this investigation would Commission should grant such phase of antidumping investigation Nos.
affect the public health and welfare in treatment. See 19 CFR 201.6. Documents 731–TA–1334–1337 (Final) pursuant to
the United States, competitive for which confidential treatment by the the Tariff Act of 1930 (‘‘the Act’’) to
conditions in the United States Commission is properly sought will be determine whether an industry in the
economy, the production of like or treated accordingly. All such requests United States is materially injured or
directly competitive articles in the should be directed to the Secretary to threatened with material injury, or the
United States, or United States the Commission and must include a full establishment of an industry in the
consumers. statement of the reasons why the United States is materially retarded, by
In particular, the Commission is Commission should grant such reason of imports of emulsion styrene-
interested in comments that: treatment. See 19 CFR 201.6. Documents butadiene rubber from Brazil, Korea,
(i) Explain how the articles for which confidential treatment by the Mexico, and Poland, provided for in
potentially subject to the requested Commission is properly sought will be subheading 4002.19.00 of the
remedial orders are used in the United treated accordingly. All information, Harmonized Tariff Schedule of the
States; including confidential business United States, preliminarily determined
information and documents for which by the Department of Commerce to be
(ii) identify any public health, safety, sold at less-than-fair-value.
or welfare concerns in the United States confidential treatment is properly
relating to the requested remedial sought, submitted to the Commission for DATES: Effective February 24, 2017.
orders; purposes of this Investigation may be FOR FURTHER INFORMATION CONTACT:
disclosed to and used: (i) By the Nathanael Comly (nathanael.comly@
(iii) identify like or directly Commission, its employees and Offices,
competitive articles that complainant, usitc.gov; (202) 205–3174), Office of
and contract personnel (a) for Investigations, U.S. International Trade
its licensees, or third parties make in the developing or maintaining the records
United States which could replace the Commission, 500 E Street SW.,
of this or a related proceeding, or (b) in Washington, DC 20436. Hearing-
subject articles if they were to be internal investigations, audits, reviews,
excluded; impaired persons can obtain
and evaluations relating to the information on this matter by contacting
(iv) indicate whether complainant,
mstockstill on DSK3G9T082PROD with NOTICES
programs, personnel, and operations of the Commission’s TDD terminal on 202–
complainant’s licensees, and/or third the Commission including under 5
party suppliers have the capacity to 205–1810. Persons with mobility
U.S.C. Appendix 3; or (ii) by U.S. impairments who will need special
replace the volume of articles government employees and contract
potentially subject to the requested 2 All contract personnel will sign appropriate
exclusion order and/or a cease and 1 Handbook for Electronic Filing Procedures: nondisclosure agreements.
desist order within a commercially https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System
reasonable time; and filing_procedures.pdf. (EDIS): https://edis.usitc.gov.
VerDate Sep<11>2014 17:49 Mar 10, 2017 Jkt 241001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1](https://thefederalregister.org/doc/82_FR_13550/page/1.svg)
![13504 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices
assistance in gaining access to the this final phase. The Secretary will file written testimony in connection
Commission should contact the Office maintain a public service list containing with their presentation at the hearing, as
of the Secretary at 202–205–2000. the names and addresses of all persons, provided in section 207.24 of the
General information concerning the or their representatives, who are parties Commission’s rules, and posthearing
Commission may also be obtained by to the investigations. briefs, which must conform with the
accessing its internet server (https:// Limited disclosure of business provisions of section 207.25 of the
www.usitc.gov). The public record for proprietary information (BPI) under an Commission’s rules. The deadline for
these investigations may be viewed on administrative protective order (APO) filing posthearing briefs is July 7, 2017.
the Commission’s electronic docket and BPI service list.—Pursuant to In addition, any person who has not
(EDIS) at https://edis.usitc.gov. section 207.7(a) of the Commission’s entered an appearance as a party to the
SUPPLEMENTARY INFORMATION: rules, the Secretary will make BPI investigations may submit a written
Background.—The final phase of gathered in the final phase of these statement of information pertinent to
these investigations is being scheduled,1 investigations available to authorized the subject of the investigations,
pursuant to section 735(b) of the Tariff applicants under the APO issued in the including statements of support or
Act of 1930 (19 U.S.C. 1673d(b)), as a investigations, provided that the opposition to the petition, on or before
result of affirmative preliminary application is made no later than 21 July 7, 2017. On July 28, 2017, the
determinations by the Department of days prior to the hearing date specified Commission will make available to
Commerce that imports of emulsion in this notice. Authorized applicants parties all information on which they
styrene-butadiene rubber from Brazil, must represent interested parties, as have not had an opportunity to
Korea, Mexico, and Poland are being defined by 19 U.S.C. 1677(9), who are comment. Parties may submit final
sold in the United States at less than fair parties to the investigations. A party comments on this information on or
value within the meaning of section 733 granted access to BPI in the preliminary before August 1, 2017, but such final
of the Act (19 U.S.C. 1673b). The phase of the investigations need not comments must not contain new factual
investigations were requested in a reapply for such access. A separate information and must otherwise comply
petition filed on July 21, 2016, by Lion service list will be maintained by the with section 207.30 of the Commission’s
Elastomers LLC (Port Neches, Texas) Secretary for those parties authorized to rules. All written submissions must
and East West Copolymer, LLC (Baton receive BPI under the APO. conform with the provisions of section
Rouge, Louisiana). Staff report.—The prehearing staff 201.8 of the Commission’s rules; any
For further information concerning report in the final phase of these submissions that contain BPI must also
the conduct of this phase of the investigations will be placed in the conform with the requirements of
investigations, hearing procedures, and nonpublic record on June 15, 2017, and sections 201.6, 207.3, and 207.7 of the
rules of general application, consult the a public version will be issued Commission’s rules. The Commission’s
Commission’s Rules of Practice and thereafter, pursuant to section 207.22 of Handbook on E-Filing, available on the
Procedure, part 201, subparts A and B the Commission’s rules. Commission’s Web site at https://
(19 CFR part 201), and part 207, Hearing.—The Commission will hold www.usitc.gov/secretary/documents/
subparts A and C (19 CFR part 207). a hearing in connection with the final handbook_on_filing_procedures.pdf,
Participation in the investigations and phase of these investigations beginning elaborates upon the Commission’s rules
public service list.—Persons, including at 9:30 a.m. on Thursday, June 29, 2017, with respect to electronic filing.
industrial users of the subject at the U.S. International Trade Additional written submissions to the
merchandise and, if the merchandise is Commission Building. Requests to Commission, including requests
sold at the retail level, representative appear at the hearing should be filed in pursuant to section 201.12 of the
consumer organizations, wishing to writing with the Secretary to the Commission’s rules, shall not be
participate in the final phase of these Commission on or before June 23, 2017. accepted unless good cause is shown for
investigations as parties must file an A nonparty who has testimony that may accepting such submissions, or unless
entry of appearance with the Secretary aid the Commission’s deliberations may the submission is pursuant to a specific
to the Commission, as provided in request permission to present a short request by a Commissioner or
section 201.11 of the Commission’s statement at the hearing. All parties and Commission staff.
rules, no later than 21 days prior to the nonparties desiring to appear at the In accordance with sections 201.16(c)
hearing date specified in this notice. A hearing and make oral presentations and 207.3 of the Commission’s rules,
party that filed a notice of appearance should participate in a prehearing each document filed by a party to the
during the preliminary phase of the conference to be held on June 26, 2017, investigations must be served on all
investigations need not file an at the U.S. International Trade other parties to the investigations (as
additional notice of appearance during Commission Building, if deemed identified by either the public or BPI
necessary. Oral testimony and written service list), and a certificate of service
1 For purposes of these investigations, the materials to be submitted at the public must be timely filed. The Secretary will
Department of Commerce has defined the subject hearing are governed by sections not accept a document for filing without
merchandise as cold-polymerized emulsion styrene- 201.6(b)(2), 201.13(f), and 207.24 of the a certificate of service.
butadiene rubber (ESB rubber). This includes, but Commission’s rules. Parties must submit
is not limited to, ESB rubber in primary forms, Authority: These investigations are being
bales, granules, crumbs, pellets, powders, plates, any request to present a portion of their
conducted under authority of title VII of the
sheets, strip, etc. ESB rubber consists of non- hearing testimony in camera no later
Tariff Act of 1930; this notice is published
pigmented rubbers and oil-extended non-pigmented than 7 business days prior to the date of pursuant to section 207.21 of the
rubbers, both of which contain at least one percent the hearing.
mstockstill on DSK3G9T082PROD with NOTICES
of organic acids from the emulsion polymerization Commission’s rules.
process. For a full description of the scope of these
Written submissions.—Each party
Issued: March 7, 2017.
investigations, including product exclusions, see who is an interested party shall submit
Emulsion Styrene-Butadiene Rubber From Brazil: a prehearing brief to the Commission. By order of the Commission.
Preliminary Affirmative Determination of Sales at Prehearing briefs must conform with the Lisa R. Barton,
Less Than Fair Value, Negative Determination of Secretary to the Commission.
Critical Circumstances, Postponement of Final
provisions of section 207.23 of the
Determination, and Extension of Provisional Commission’s rules; the deadline for [FR Doc. 2017–04825 Filed 3–10–17; 8:45 am]
Measures, 82 FR 11538, February 24, 2017. filing is June 22, 2017. Parties may also BILLING CODE 7020–02–P
VerDate Sep<11>2014 17:49 Mar 10, 2017 Jkt 241001 PO 00000 Frm 00077 Fmt 4703 Sfmt 9990 E:\FR\FM\13MRN1.SGM 13MRN1](https://thefederalregister.org/doc/82_FR_13550/page/2.svg)
Document Created: 2018-02-01 14:58:05
Document Modified: 2018-02-01 14:58:05
| 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 February 24, 2017. | |
| Contact | Nathanael Comly ([email protected]; (202) 205-3174), 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 investigations may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov. | |
| FR Citation | 82 FR 13503 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR