82_FR_18382 82 FR 18309 - Tool Chests and Cabinets From China and Vietnam Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

82 FR 18309 - Tool Chests and Cabinets From China and Vietnam Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 73 (April 18, 2017)

Page Range18309-18310
FR Document2017-07749

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-575 and 731-TA-1360-1361 (Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether there is a reasonable indication that 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 tool chests and cabinets from China and Vietnam, provided for in subheading 9403.20 and 7326.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by May 26, 2017. The Commission's views must be transmitted to Commerce within five business days thereafter, or by June 5, 2017.

Federal Register, Volume 82 Issue 73 (Tuesday, April 18, 2017)
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18309-18310]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07749]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-575 and 731-TA-1360-1361 (Preliminary)]


Tool Chests and Cabinets From China and Vietnam Institution of 
Antidumping and Countervailing Duty Investigations and Scheduling of 
Preliminary Phase Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigation Nos. 701-TA-575 and 731-TA-1360-1361 
(Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether there is a reasonable indication that 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 tool chests and cabinets 
from China and Vietnam, provided for in subheading 9403.20 and 7326.90 
of the Harmonized Tariff Schedule of the United States, that are 
alleged to be sold in the United States at less than fair value and 
alleged to be subsidized by the Government of China. Unless the 
Department of Commerce extends the time for initiation, the Commission 
must reach a preliminary determination in antidumping and 
countervailing duty investigations in 45 days, or in this case by May 
26, 2017. The Commission's views must be transmitted to Commerce within 
five business days thereafter, or by June 5, 2017.

DATES: Effective Date: April 11, 2017.

FOR FURTHER INFORMATION CONTACT: Drew Dushkes (202-205-3229), 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.

SUPPLEMENTARY INFORMATION: 
    Background.--These investigations are being instituted, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), in response to a petition filed on April 11, 
2017, by Waterloo Industries, Inc., Sedalia, Missouri.
    For further information concerning the conduct of these 
investigations 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 B (19 CFR part 207).
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping duty and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    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 these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on Tuesday, May 2, 2017, at the U.S. International Trade 
Commission Building, 500 E Street SW., Washington, DC. Requests to 
appear at the conference should be emailed to [email protected] 
and [email protected] (DO NOT FILE ON EDIS) on or before April 
28, 2017. Parties in support of the imposition of countervailing and 
antidumping duties in these investigations and parties in opposition to 
the imposition of such duties will each be collectively allocated one 
hour within which to make an oral presentation at the conference. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the conference.
    Written submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before May 5, 2017, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in

[[Page 18310]]

connection with their presentation at the conference. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of sections 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's Handbook on E-Filing, available on 
the Commission's Web site at https://edis.usitc.gov, elaborates upon 
the Commission's rules with respect to electronic filing.
    In accordance with sections 201.16(c) and 207.3 of the 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.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these investigations must certify that the information 
is accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that any 
information that it submits to the Commission during these 
investigations may be disclosed to and used: (i) By the Commission, its 
employees and Offices, and contract personnel (a) for developing or 
maintaining the records of these or related investigations or reviews, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: April 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07749 Filed 4-17-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                               Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices                                           18309

                                                You will receive a reply during normal                  and commencement of preliminary                       investigations as parties must file an
                                                business hours.                                         phase antidumping and countervailing                  entry of appearance with the Secretary
                                                SUPPLEMENTARY INFORMATION: The 15-                      duty investigation Nos. 701–TA–575                    to the Commission, as provided in
                                                member council advises the Secretary of                 and 731–TA–1360–1361 (Preliminary)                    sections 201.11 and 207.10 of the
                                                the Interior, through the BLM, on a                     pursuant to the Tariff Act of 1930 (‘‘the             Commission’s rules, not later than seven
                                                variety of planning and management                      Act’’) to determine whether there is a                days after publication of this notice in
                                                issues associated with public land                      reasonable indication that an industry                the Federal Register. Industrial users
                                                management on BLM-administered                          in the United States is materially                    and (if the merchandise under
                                                lands in northern California and                        injured or threatened with material                   investigation is sold at the retail level)
                                                northwest Nevada. At this meeting, the                  injury, or the establishment of an                    representative consumer organizations
                                                RAC will discuss development of the                     industry in the United States is                      have the right to appear as parties in
                                                Northern California Integrated Resource                 materially retarded, by reason of                     Commission antidumping duty and
                                                Management Plan, and receive updated                    imports of tool chests and cabinets from              countervailing duty investigations. The
                                                reports from BLM Northern California                    China and Vietnam, provided for in                    Secretary will prepare a public service
                                                District field offices. This meeting will               subheading 9403.20 and 7326.90 of the                 list containing the names and addresses
                                                be open to the public. Members of the                   Harmonized Tariff Schedule of the                     of all persons, or their representatives,
                                                public may present written comments to                  United States, that are alleged to be sold            who are parties to these investigations
                                                the RAC. Depending on the number of                     in the United States at less than fair                upon the expiration of the period for
                                                people who wish to speak, and the time                  value and alleged to be subsidized by                 filing entries of appearance.
                                                                                                        the Government of China. Unless the                      Limited disclosure of business
                                                available, the time for individual
                                                                                                        Department of Commerce extends the                    proprietary information (BPI) under an
                                                comments may be limited. Written
                                                                                                        time for initiation, the Commission                   administrative protective order (APO)
                                                comments may be sent to the BLM
                                                                                                        must reach a preliminary determination                and BPI service list.—Pursuant to
                                                Northern California District Office at the
                                                                                                        in antidumping and countervailing duty                section 207.7(a) of the Commission’s
                                                address listed in the ADDRESSES section
                                                                                                        investigations in 45 days, or in this case            rules, the Secretary will make BPI
                                                of this notice. Individuals who plan to
                                                                                                        by May 26, 2017. The Commission’s                     gathered in these investigations
                                                attend and need special assistance, such
                                                                                                        views must be transmitted to Commerce                 available to authorized applicants
                                                as sign language interpretation and
                                                                                                        within five business days thereafter, or              representing interested parties (as
                                                other reasonable accommodations,                                                                              defined in 19 U.S.C. 1677(9)) who are
                                                should contact the BLM as provided                      by June 5, 2017.
                                                                                                                                                              parties to the investigations under the
                                                above.                                                  DATES: Effective Date: April 11, 2017.
                                                                                                                                                              APO issued in the investigations,
                                                   Before including your address, phone                 FOR FURTHER INFORMATION CONTACT:                      provided that the application is made
                                                number, email address, or other                         Drew Dushkes (202–205–3229), Office                   not later than seven days after the
                                                personal identifying information in your                of Investigations, U.S. International                 publication of this notice in the Federal
                                                comment, you should be aware that                       Trade Commission, 500 E Street SW.,                   Register. A separate service list will be
                                                your entire comment—including your                      Washington, DC 20436. Hearing-                        maintained by the Secretary for those
                                                personal identifying information—may                    impaired persons can obtain                           parties authorized to receive BPI under
                                                be made publicly available at any time.                 information on this matter by contacting              the APO.
                                                While you can ask us in your comment                    the Commission’s TDD terminal on 202–                    Conference.—The Commission’s
                                                to withhold your personal identifying                   205–1810. Persons with mobility                       Director of Investigations has scheduled
                                                information from public review, we                      impairments who will need special                     a conference in connection with these
                                                cannot guarantee that we will be able to                assistance in gaining access to the                   investigations for 9:30 a.m. on Tuesday,
                                                do so.                                                  Commission should contact the Office                  May 2, 2017, at the U.S. International
                                                   Authority: 43 CFR 1784.4–2.                          of the Secretary at 202–205–2000.                     Trade Commission Building, 500 E
                                                                                                        General information concerning the                    Street SW., Washington, DC. Requests to
                                                Erica St. Michel,                                       Commission may also be obtained by                    appear at the conference should be
                                                Acting Deputy State Director,                           accessing its internet server (https://               emailed to William.bishop@usitc.gov
                                                Communications.                                         www.usitc.gov). The public record for                 and Sharon.bellamy@usitc.gov (DO NOT
                                                [FR Doc. 2017–07798 Filed 4–17–17; 8:45 am]             these investigations may be viewed on                 FILE ON EDIS) on or before April 28,
                                                BILLING CODE 4310–40–P                                  the Commission’s electronic docket                    2017. Parties in support of the
                                                                                                        (EDIS) at https://edis.usitc.gov.                     imposition of countervailing and
                                                                                                        SUPPLEMENTARY INFORMATION:                            antidumping duties in these
                                                INTERNATIONAL TRADE                                       Background.—These investigations                    investigations and parties in opposition
                                                COMMISSION                                              are being instituted, pursuant to                     to the imposition of such duties will
                                                                                                        sections 703(a) and 733(a) of the Tariff              each be collectively allocated one hour
                                                [Investigation Nos. 701–TA–575 and 731–                 Act of 1930 (19 U.S.C. 1671b(a) and                   within which to make an oral
                                                TA–1360–1361 (Preliminary)]
                                                                                                        1673b(a)), in response to a petition filed            presentation at the conference. A
                                                Tool Chests and Cabinets From China                     on April 11, 2017, by Waterloo                        nonparty who has testimony that may
                                                and Vietnam Institution of                              Industries, Inc., Sedalia, Missouri.                  aid the Commission’s deliberations may
                                                Antidumping and Countervailing Duty                       For further information concerning                  request permission to present a short
                                                Investigations and Scheduling of                        the conduct of these investigations and               statement at the conference.
                                                                                                                                                                 Written submissions.—As provided in
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                                                Preliminary Phase Investigations                        rules of general application, consult the
                                                                                                        Commission’s Rules of Practice and                    sections 201.8 and 207.15 of the
                                                AGENCY: United States International                     Procedure, part 201, subparts A and B                 Commission’s rules, any person may
                                                Trade Commission.                                       (19 CFR part 201), and part 207,                      submit to the Commission on or before
                                                ACTION: Notice.                                         subparts A and B (19 CFR part 207).                   May 5, 2017, a written brief containing
                                                                                                          Participation in the investigations and             information and arguments pertinent to
                                                SUMMARY:   The Commission hereby gives                  public service list.—Persons (other than              the subject matter of the investigations.
                                                notice of the institution of investigations             petitioners) wishing to participate in the            Parties may file written testimony in


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                                                18310                          Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices

                                                connection with their presentation at                   INTERNATIONAL TRADE                                   viewed on the Commission’s electronic
                                                the conference. All written submissions                 COMMISSION                                            docket (EDIS) at https://edis.usitc.gov.
                                                must conform with the provisions of                                                                           FOR FURTHER INFORMATION CONTACT: The
                                                                                                        [Investigation No. 337–TA–1049]
                                                section 201.8 of the Commission’s rules;                                                                      Office of Unfair Import Investigations,
                                                any submissions that contain BPI must                   Certain Digital Cable and Satellite                   U.S. International Trade Commission,
                                                also conform with the requirements of                   Products, Set-Top Boxes, Gateways                     telephone (202) 205–2560.
                                                sections 201.6, 207.3, and 207.7 of the                 and Components Thereof; Institution                      Authority: The authority for
                                                Commission’s rules. The Commission’s                    of Investigation                                      institution of this investigation is
                                                Handbook on E-Filing, available on the                                                                        contained in section 337 of the Tariff
                                                Commission’s Web site at https://                       AGENCY: U.S. International Trade                      Act of 1930, as amended, 19 U.S.C. 1337
                                                edis.usitc.gov, elaborates upon the                     Commission.                                           and in section 210.10 of the
                                                Commission’s rules with respect to                      ACTION: Notice.                                       Commission’s Rules of Practice and
                                                electronic filing.                                                                                            Procedure, 19 CFR 210.10 (2017).
                                                                                                        SUMMARY:    Notice is hereby given that a                Scope of Investigation: Having
                                                   In accordance with sections 201.16(c)                complaint was filed with the U.S.                     considered the complaint, the U.S.
                                                and 207.3 of the rules, each document                   International Trade Commission on                     International Trade Commission, on
                                                filed by a party to the investigations                  March 10, 2017, under section 337 of                  April 11, 2017, ordered that—
                                                must be served on all other parties to                  the Tariff Act of 1930, as amended, on                   (1) Pursuant to subsection (b) of
                                                the investigations (as identified by                    behalf of Sony Corporation of Japan and               section 337 of the Tariff Act of 1930, as
                                                either the public or BPI service list), and             Sony Electronics Inc. of San Diego,                   amended, an investigation be instituted
                                                a certificate of service must be timely                 California. A letter supplementing the                to determine whether there is a
                                                filed. The Secretary will not accept a                  complaint was filed on March 28, 2017.                violation of subsection (a)(1)(B) of
                                                document for filing without a certificate               The complaint alleges violations of                   section 337 in the importation into the
                                                of service.                                             section 337 based upon the importation                United States, the sale for importation,
                                                                                                        into the United States, the sale for                  or the sale within the United States after
                                                   Certification.—Pursuant to section
                                                                                                        importation, and the sale within the                  importation of certain digital cable and
                                                207.3 of the Commission’s rules, any
                                                                                                        United States after importation of                    satellite products, set-top boxes,
                                                person submitting information to the                    certain digital cable and satellite                   gateways, and components thereof by
                                                Commission in connection with these                     products, set-top boxes, gateways, and                reason of infringement of one or more of
                                                investigations must certify that the                    components thereof by reason of                       claim 26 of the ’126 patent; claims 1, 3,
                                                information is accurate and complete to                 infringement of certain claims of U.S.                and 8 of the ’093 patent; claims 1–16 of
                                                the best of the submitter’s knowledge. In               Patent No. RE45,126 (‘‘the ’126 patent’’);            the ’919 patent; claims 1–6 and 12–16
                                                making the certification, the submitter                 U.S. Patent No. 6,467,093 (‘‘the ’093                 of the ’221 patent; and claims 1, 3–5, 7,
                                                will acknowledge that any information                   patent’’); U.S. Patent No. 8,032,919 (‘‘the           8, 34, 36, and 37 of the ’525 patent, and
                                                that it submits to the Commission                       ’919 patent’’); U.S. Patent No. 6,556,221             whether an industry in the United
                                                during these investigations may be                      (‘‘the ’221 patent’’); and U.S. Patent No.            States exists as required by subsection
                                                disclosed to and used: (i) By the                       6,915,525 (‘‘the ’525 patent’’). The                  (a)(2) of section 337;
                                                Commission, its employees and Offices,                  complaint further alleges that an                        (2) Pursuant to Commission Rule
                                                and contract personnel (a) for                          industry in the United States exists as               210.50(b)(1), 19 CFR 210.50(b)(1), the
                                                developing or maintaining the records                   required by the applicable Federal                    presiding Administrative Law Judge
                                                of these or related investigations or                   Statute.                                              shall take evidence or other information
                                                reviews, or (b) in internal investigations,                The complainants request that the                  and hear arguments from the parties or
                                                audits, reviews, and evaluations relating               Commission institute an investigation                 other interested persons with respect to
                                                to the programs, personnel, and                         and, after the investigation, issue a                 the public interest in this investigation,
                                                operations of the Commission including                  limited exclusion order and cease and                 as appropriate, and provide the
                                                under 5 U.S.C. Appendix 3; or (ii) by                   desist orders.                                        Commission with findings of fact and a
                                                U.S. government employees and                           ADDRESSES: The complaint, except for                  recommended determination on this
                                                contract personnel, solely for                          any confidential information contained                issue, which shall be limited to the
                                                                                                        therein, is available for inspection                  statutory public interest factors set forth
                                                cybersecurity purposes. All contract
                                                                                                        during official business hours (8:45 a.m.             in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
                                                personnel will sign appropriate                                                                                  (3) For the purpose of the
                                                nondisclosure agreements.                               to 5:15 p.m.) in the Office of the
                                                                                                        Secretary, U.S. International Trade                   investigation so instituted, the following
                                                  Authority: These investigations are being             Commission, 500 E Street SW., Room                    are hereby named as parties upon which
                                                conducted under authority of title VII of the           112, Washington, DC 20436, telephone                  this notice of investigation shall be
                                                Tariff Act of 1930; this notice is published            (202) 205–2000. Hearing impaired                      served:
                                                pursuant to section 207.12 of the                       individuals are advised that information                 (a) The complainants are:
                                                Commission’s rules.                                                                                           Sony Corporation, 1–7–1 Konan,
                                                                                                        on this matter can be obtained by
                                                  By order of the Commission.                           contacting the Commission’s TDD                          Minato-ku, Tokyo, 108–0075, Japan
                                                  Issued: April 12, 2017.                               terminal on (202) 205–1810. Persons                   Sony Electronics Inc., 16530 Via
                                                                                                        with mobility impairments who will                       Esprillo, San Diego, CA 92127
                                                Lisa R. Barton,
                                                                                                        need special assistance in gaining access                (b) The respondents are the following
sradovich on DSK3GMQ082PROD with NOTICES




                                                Secretary to the Commission.                                                                                  entities alleged to be in violation of
                                                                                                        to the Commission should contact the
                                                [FR Doc. 2017–07749 Filed 4–17–17; 8:45 am]                                                                   section 337, and are the parties upon
                                                                                                        Office of the Secretary at (202) 205–
                                                BILLING CODE 7020–02–P                                  2000. General information concerning                  which the complaint is to be served:
                                                                                                        the Commission may also be obtained                   ARRIS International plc, 3871 Lakefield
                                                                                                        by accessing its internet server at                      Drive, Suwanee, GA 30024
                                                                                                        https://www.usitc.gov. The public                     ARRIS Group, Inc., 3871 Lakefield
                                                                                                        record for this investigation may be                     Drive, Suwanee, GA 30024


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Document Created: 2017-04-18 00:00:21
Document Modified: 2017-04-18 00:00:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: April 11, 2017.
ContactDrew Dushkes (202-205-3229), 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 Citation82 FR 18309 

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