82_FR_25733 82 FR 25628 - Tool Chests and Cabinets From China and Vietnam

82 FR 25628 - Tool Chests and Cabinets From China and Vietnam

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 105 (June 2, 2017)

Page Range25628-25629
FR Document2017-11391

Federal Register, Volume 82 Issue 105 (Friday, June 2, 2017)
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25628-25629]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11391]


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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

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of tool chests 
and cabinets from China and Vietnam, provided for in subheadings 
7326.90.35, 7326.90.86, and 9403.20.00 of the Harmonized Tariff 
Schedule of the United States, that are alleged to be sold in the 
United States at less than fair value (``LTFV'') and to be subsidized 
by the government of China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations.

[[Page 25629]]

The Commission will issue a final phase notice of scheduling, which 
will be published in the Federal Register as provided in section 207.21 
of the Commission's rules, upon notice from the Department of Commerce 
(``Commerce'') of affirmative preliminary determinations in the 
investigations under sections 703(b) or 733(b) of the Act, or, if the 
preliminary determinations are negative, upon notice of affirmative 
final determinations in those investigations under sections 705(a) or 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigations need not enter a separate 
appearance for the final phase of the investigations. 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 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 the investigations.

Background

    On April 11, 2017, Waterloo Industries, Inc., Sedalia, Missouri 
filed a petition with the Commission and Commerce, alleging that an 
industry in the United States is materially injured or threatened with 
material injury by reason of LTFV and subsidized imports of tool chests 
and cabinets from China and LTFV imports of tool chests and cabinets 
from Vietnam. Accordingly, effective April 11, 2017, the Commission, 
pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) 
and 1673b(a)), instituted countervailing duty investigation No. 701-TA-
575 and antidumping duty investigations Nos. 731-TA-1360-1361 
(Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of April 18, 2017 (82 FR 18309). The 
conference was held in Washington, DC, on May 2, 2017, and all persons 
who requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It 
completed and filed its determinations in these investigations on May 
26, 2017. The views of the Commission are contained in USITC 
Publication 4697 (June 2017), entitled Tool Chests and Cabinets from 
China and Vietnam: Investigation Nos. 701-TA-575 and 731-TA-1360-1361 
(Preliminary).

    By order of the Commission.

    Issued: May 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-11391 Filed 6-1-17; 8:45 am]
BILLING CODE 7020-02-P



                                               25628                            Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices

                                               United States after importation of                      United States, the sale for importation,               Commission of the complaint and the
                                               certain digital cameras, software, and                  or the sale within the United States after             notice of investigation. Extensions of
                                               components thereof by reason of                         importation of certain digital cameras,                time for submitting responses to the
                                               infringement of certain claims of U.S.                  software, and components thereof by                    complaint and the notice of
                                               Patent No. 6,301,440 (‘‘the ’440 patent’’);             reason of infringement of one or more of               investigation will not be granted unless
                                               U.S. Patent No. 6,463,163 (‘‘the ’163                   claims 1–4, 6–10, 12–14, 16–19, 21–28,                 good cause therefor is shown.
                                               patent’’); U.S. Patent No. 6,714,241 (‘‘the             30–35, 37–44, 46–50, and 52–56 of the                     Failure of a respondent to file a timely
                                               ’241 patent’’); U.S. Patent No. 6,731,335               ’440 patent; claims 1–4, 6, 7, 9–11, 14–               response to each allegation in the
                                               (‘‘the ’335 patent’’); U.S. Patent No.                  16, and 19 of the ’163 patent; claims 1–               complaint and in this notice may be
                                               6,834,128 (‘‘the ’128 patent’’); U.S.                   3, 5–12, and 14–18 of the ’241 patent;                 deemed to constitute a waiver of the
                                               Patent No. 7,297,916 (‘‘the ’916 patent’’);             claims 1–12 of the ’335 patent; claims 1,              right to appear and contest the
                                               and U.S. Patent No. 7,933,454 (‘‘the ’454               2, 4, 5, 12, 13, 16, 17, and 19 of the ’128            allegations of the complaint and this
                                               patent’’). The complaint further alleges                patent; claims 1–9 of the ’916 patent;                 notice, and to authorize the
                                               that an industry in the United States is                and claims 1, 2, 4–12, and 16–28 of the                administrative law judge and the
                                               in the process of being established as                  ’454 patent, and whether an industry in                Commission, without further notice to
                                               required by the applicable Federal                      the United States is in the process of                 the respondent, to find the facts to be as
                                               Statute.                                                being established as required by                       alleged in the complaint and this notice
                                                  The complainants request that the                    subsection (a)(2) of section 337;                      and to enter an initial determination
                                               Commission institute an investigation                      (2) For the purpose of the                          and a final determination containing
                                               and, after the investigation, issue a                   investigation so instituted, the following             such findings, and may result in the
                                               limited exclusion order and cease and                   are hereby named as parties upon which                 issuance of an exclusion order or a cease
                                               desist orders.                                          this notice of investigation shall be                  and desist order or both directed against
                                               ADDRESSES: The complaint, except for                    served:                                                the respondent.
                                               any confidential information contained                     (a) The complainants are:                             By order of the Commission.
                                               therein, is available for inspection                    Carl Zeiss AG, Carl-Zeiss-Stra+e,                        Issued: May 26, 2017.
                                               during official business hours (8:45 a.m.                  Oberkochen, Germany 73447.                          Lisa R. Barton,
                                               to 5:15 p.m.) in the Office of the                      ASML Netherlands B.V., De Run 6501,
                                                                                                                                                              Secretary to the Commission.
                                               Secretary, U.S. International Trade                        5504DR, Veldhoven, Netherlands.
                                               Commission, 500 E Street SW., Room                                                                             [FR Doc. 2017–11390 Filed 6–1–17; 8:45 am]
                                                                                                          (b) The respondents are the following
                                               112, Washington, DC 20436, telephone                                                                           BILLING CODE 7020–02–P
                                                                                                       entities alleged to be in violation of
                                               (202) 205–2000. Hearing impaired                        section 337, and are the parties upon
                                               individuals are advised that information                which the complaint is to be served:
                                               on this matter can be obtained by                                                                              INTERNATIONAL TRADE
                                                                                                       Nikon Corporation, Shinagawa Intercity                 COMMISSION
                                               contacting the Commission’s TDD                            Tower C, 2–15–3, Konan, Minato-ku,
                                               terminal on (202) 205–1810. Persons                        Tokyo 108–6290, Japan.                              [Investigation Nos. 701–TA–575 and 731–
                                               with mobility impairments who will                      Sendai Nikon Corporation, 277, Aza-                    TA–1360–1361 (Preliminary)]
                                               need special assistance in gaining access                  hara, Tako, Natori, Miyagi 981–1221,
                                               to the Commission should contact the                                                                           Tool Chests and Cabinets From China
                                                                                                          Japan.
                                               Office of the Secretary at (202) 205–                                                                          and Vietnam
                                                                                                       Nikon Inc., 1300 Walt Whitman Road,
                                               2000. General information concerning                       Melville, NY 11747–3064.                            Determinations
                                               the Commission may also be obtained                     Nikon (Thailand) Co., Ltd., 1/42 Moo 5,
                                               by accessing its internet server at                        Rojana Industrial Park, Rojana Road,                   On the basis of the record 1 developed
                                               https://www.usitc.gov. The public                          Tambol Kanham, Amphur U-Thai,                       in the subject investigations, the United
                                               record for this investigation may be                       Ayutthaya 13210, Thailand.                          States International Trade Commission
                                               viewed on the Commission’s electronic                   Nikon Imaging (China) Co., Ltd., No. 11,               (‘‘Commission’’) determines, pursuant
                                               docket (EDIS) at https://edis.usitc.gov.                   Changjian South Road, New District,                 to the Tariff Act of 1930 (‘‘the Act’’),
                                               FOR FURTHER INFORMATION CONTACT:                           Wuxi, Jiangsu 214028, China.                        that there is a reasonable indication that
                                               Katherine Hiner, Office of the Secretary,               PT Nikon Indonesia, 35th Floor, Wisma                  an industry in the United States is
                                               Docket Services, U.S. International                        46-Kota BNI, Jl. Jend. Sudirman Kav.                materially injured by reason of imports
                                               Trade Commission, telephone (202)                          1, Jakarta, 10220, Indonesia.                       of tool chests and cabinets from China
                                               205–1802.                                                                                                      and Vietnam, provided for in
                                                                                                          (3) For the investigation so instituted,
                                                                                                                                                              subheadings 7326.90.35, 7326.90.86,
                                               SUPPLEMENTARY INFORMATION:                              the Chief Administrative Law Judge,
                                                                                                                                                              and 9403.20.00 of the Harmonized Tariff
                                                 Authority: The authority for institution of           U.S. International Trade Commission,
                                                                                                                                                              Schedule of the United States, that are
                                               this investigation is contained in section 337          shall designate the presiding
                                                                                                                                                              alleged to be sold in the United States
                                               of the Tariff Act of 1930, as amended, 19               Administrative Law Judge.
                                                                                                                                                              at less than fair value (‘‘LTFV’’) and to
                                               U.S.C. 1337 and in section 210.10 of the                   The Office of Unfair Import
                                               Commission’s Rules of Practice and                                                                             be subsidized by the government of
                                                                                                       Investigations will not participate as a
                                               Procedure, 19 CFR 210.10 (2017).                                                                               China.
                                                                                                       party in this investigation.
                                                 Scope of Investigation: Having                           Responses to the complaint and the                  Commencement of Final Phase
                                               considered the complaint, the U.S.                      notice of investigation must be                        Investigations
                                               International Trade Commission, on                      submitted by the named respondents in
                                                                                                                                                                Pursuant to section 207.18 of the
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                                               May 26, 2017, ordered that—                             accordance with section 210.13 of the
                                                                                                                                                              Commission’s rules, the Commission
                                                 (1) Pursuant to subsection (b) of                     Commission’s Rules of Practice and
                                                                                                                                                              also gives notice of the commencement
                                               section 337 of the Tariff Act of 1930, as               Procedure, 19 CFR 210.13. Pursuant to
                                                                                                                                                              of the final phase of its investigations.
                                               amended, an investigation be instituted                 19 CFR 201.16(e) and 210.13(a), such
                                               to determine whether there is a                         responses will be considered by the                      1 The record is defined in sec. 207.2(f) of the
                                               violation of subsection (a)(1)(B) of                    Commission if received not later than 20               Commission’s Rules of Practice and Procedure (19
                                               section 337 in the importation into the                 days after the date of service by the                  CFR 207.2(f)).



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                                                                                Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices                                            25629

                                               The Commission will issue a final phase                 views of the Commission are contained                  —Evaluate whether the proposed
                                               notice of scheduling, which will be                     in USITC Publication 4697 (June 2017),                  collection of information is necessary
                                               published in the Federal Register as                    entitled Tool Chests and Cabinets from                  for the proper performance of the
                                               provided in section 207.21 of the                       China and Vietnam: Investigation Nos.                   functions of the agency, including
                                               Commission’s rules, upon notice from                    701–TA–575 and 731–TA–1360–1361                         whether the information will have
                                               the Department of Commerce                              (Preliminary).                                          practical utility;
                                               (‘‘Commerce’’) of affirmative                             By order of the Commission.                          —Evaluate the accuracy of the agencies
                                               preliminary determinations in the                                                                               estimate of the burden of the
                                                                                                         Issued: May 26, 2017.
                                               investigations under sections 703(b) or                                                                         proposed collection of information,
                                                                                                       Lisa R. Barton,
                                               733(b) of the Act, or, if the preliminary                                                                       including the validity of the
                                               determinations are negative, upon                       Secretary to the Commission.
                                                                                                                                                               methodology and assumptions used;
                                               notice of affirmative final                             [FR Doc. 2017–11391 Filed 6–1–17; 8:45 am]
                                                                                                                                                              —Enhance the quality, utility, and
                                               determinations in those investigations                  BILLING CODE 7020–02–P                                  clarity of the information to be
                                               under sections 705(a) or 735(a) of the                                                                          collected; and
                                               Act. Parties that filed entries of                                                                             —Minimize the burden of the collection
                                               appearance in the preliminary phase of                                                                          of information on those who are to
                                                                                                       DEPARTMENT OF JUSTICE
                                               the investigations need not enter a                                                                             respond, including through the use of
                                               separate appearance for the final phase                 [OMB Number 1117–0043]                                  appropriate automated, electronic,
                                               of the investigations. Industrial users,                                                                        mechanical, or other technological
                                               and, if the merchandise under                           Agency Information Collection                           collection techniques or other forms
                                               investigation is sold at the retail level,              Activities; Proposed eCollection;                       of information technology, e.g.,
                                               representative consumer organizations                   eComments Requested; Extension                          permitting electronic submission of
                                               have the right to appear as parties in                  With or Without Change, of a                            responses.
                                               Commission antidumping and                              Previously Approved Collection: Drug
                                               countervailing duty investigations. The                                                                        Overview of This Information
                                                                                                       Questionnaire (DEA–341)
                                               Secretary will prepare a public service                                                                        Collection
                                               list containing the names and addresses                 AGENCY:  Drug Enforcement                                 (1) Type of Information Collection:
                                               of all persons, or their representatives,               Administration, Department of Justice.                 Extension of a currently approved
                                               who are parties to the investigations.                  ACTION: 30-day notice.                                 collection.
                                               Background                                                                                                        (2) Title of the Form/Collection: Drug
                                                                                                       SUMMARY:   Department of Justice (DOJ),                Questionnaire.
                                                  On April 11, 2017, Waterloo                          Drug Enforcement Administration will
                                               Industries, Inc., Sedalia, Missouri filed                                                                         (3) Agency form number, if any and
                                                                                                       be submitting the following information
                                               a petition with the Commission and                                                                             the applicable component of the
                                                                                                       collection request to the Office of
                                               Commerce, alleging that an industry in                                                                         Department sponsoring the collection:
                                                                                                       Management and Budget (OMB) for
                                               the United States is materially injured                                                                        The form number is DEA–341. The
                                                                                                       review and approval in accordance with
                                               or threatened with material injury by                                                                          sponsoring component is the Drug
                                                                                                       the Paperwork Reduction Act of 1995.
                                               reason of LTFV and subsidized imports                                                                          Enforcement Administration
                                                                                                       This proposed information collection
                                               of tool chests and cabinets from China                                                                            (4) Affected public who will be asked
                                                                                                       was previously published in the Federal
                                               and LTFV imports of tool chests and                                                                            or required to respond, as well as a brief
                                                                                                       Register on March 28, 2017, allowing
                                               cabinets from Vietnam. Accordingly,                                                                            abstract: Primary: Individuals. Other:
                                                                                                       for a 60-day comment period.
                                               effective April 11, 2017, the                                                                                  None.
                                                                                                       DATES: Comments are encouraged and                        DEA is requesting an extension of a
                                               Commission, pursuant to sections 703(a)                 will be accepted for an additional 30
                                               and 733(a) of the Act (19 U.S.C.                                                                               currently approved collection. This
                                                                                                       day until July 3, 2017.                                collection requires the drug history of
                                               1671b(a) and 1673b(a)), instituted
                                                                                                       FOR FURTHER INFORMATION CONTACT:                       any individual seeking employment
                                               countervailing duty investigation No.
                                               701–TA–575 and antidumping duty                         Written comments and/or suggestions                    with DEA. DEA policy states that a past
                                               investigations Nos. 731–TA–1360–1361                    regarding the items contained in this                  history of illegal drug use may result in
                                               (Preliminary).                                          notice, especially the estimated public                ineligibility for employment. The form
                                                  Notice of the institution of the                     burden and associated response time,                   asks job applicants specific questions
                                               Commission’s investigations and of a                    should be directed to Diane E. Filler,                 about their personal history, if any, of
                                               public conference to be held in                         Assistant Administrator, Drug                          illegal drug use.
                                               connection therewith was given by                       Enforcement Administration, Human                         (5) An estimate of the total number of
                                               posting copies of the notice in the Office              Resources Division, 8701 Morrissette                   respondents and the amount of time
                                               of the Secretary, U.S. International                    Drive, Springfield, VA 22152. Written                  estimated for an average respondent to
                                               Trade Commission, Washington, DC,                       comments and/or suggestions can also                   respond/reply: It is estimated that
                                               and by publishing the notice in the                     be sent to the Office of Management and                15,000 respondents will complete each
                                               Federal Register of April 18, 2017 (82                  Budget, Office of Information and                      form in approximately 5 minutes.
                                               FR 18309). The conference was held in                   Regulatory Affairs, Attention                             (6) An estimate of the total public
                                               Washington, DC, on May 2, 2017, and                     Department of Justice Desk Officer,                    burden (in hours) associated with the
                                               all persons who requested the                           Washington, DC 20503 or sent to OIRA_                  collection: There are an estimated 1,250
                                               opportunity were permitted to appear in                 submissions@omb.eop.gov.                               total annual burden hours associated
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                                               person or by counsel.                                   SUPPLEMENTARY INFORMATION: Written                     with this collection.
                                                  The Commission made these                            comments and suggestions from the                         If additional information is required
                                               determinations pursuant to sections                     public and affected agencies concerning                contact: Melody Braswell, Department
                                               703(a) and 733(a) of the Act (19 U.S.C.                 the proposed collection of information                 Clearance Officer, United States
                                               1671b(a) and 1673b(a)). It completed                    are encouraged. Your comments should                   Department of Justice, Justice
                                               and filed its determinations in these                   address one or more of the following                   Management Division, Policy and
                                               investigations on May 26, 2017. The                     four points:                                           Planning Staff, Two Constitution


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Document Created: 2017-06-02 00:38:19
Document Modified: 2017-06-02 00:38:19
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
FR Citation82 FR 25628 

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