82_FR_27837 82 FR 27722 - Multilayered Wood Flooring From China; Scheduling of Full Five-Year Reviews

82 FR 27722 - Multilayered Wood Flooring From China; Scheduling of Full Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27722-27723
FR Document2017-12510

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

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Pages 27722-27723]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12510]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-476 and 731-TA-1179 (Review)]


Multilayered Wood Flooring From China; Scheduling of Full Five-
Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

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

DATES: Effective Date: June 12, 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 this review may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On February 6, 2017, the Commission determined that 
responses to its notice of institution of the subject five-year reviews 
were such that full reviews should proceed (82 FR 10588, February 14, 
2017); accordingly, full reviews are being scheduled pursuant to 
section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A 
record of the Commissioners' votes, the Commission's statement on 
adequacy, and any individual Commissioner's statements are available 
from the Office of the Secretary and at the Commission's Web site.
    Participation in the reviews 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 these reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11 of the Commission's rules, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
reviews need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
reviews.
    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A and B (19 CFR part 201), 
and part 207, subparts A, D, E, and F (19 CFR part 207).
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made by 45 days after publication of this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the reviews. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the reviews 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 reviews will be 
placed in the nonpublic record on September 22, 2017, and a public 
version will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
reviews beginning at 9:30 a.m. on Thursday, October 12, 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 October 5, 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 October 11, 2017, at the U.S. 
International Trade Commission Building, if deemed necessary. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of 
the Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party to the reviews may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is October 3, 2017. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in section 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.67 of the 
Commission's rules. The deadline for filing posthearing briefs is 
October 23, 2017. In addition, any person who has not entered an 
appearance as a party to the reviews may submit a written statement of 
information pertinent to the subject of the reviews on or before 
October 23, 2017. On November 17, 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 November 21, 2017, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.68 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on

[[Page 27723]]

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.
    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 reviews must be served on 
all other parties to the reviews (as identified by either the public or 
BPI service list), and a certificate of service must be timely filed. 
The Secretary will not accept a document for filing without a 
certificate of service.
    The Commission has determined that these reviews are 
extraordinarily complicated and therefore has determined to exercise 
its authority to extend the review period by up to 90 days pursuant to 
19 U.S.C.1675(c)(5)(B).

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: June 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12510 Filed 6-15-17; 8:45 am]
BILLING CODE 7020-02-P



                                                27722                           Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices

                                                Committee on Natural Resources and                         Background.—On February 6, 2017,                    issued thereafter, pursuant to section
                                                the Senate Committee on Energy and                      the Commission determined that                         207.64 of the Commission’s rules.
                                                Natural Resources, the Secretary of the                 responses to its notice of institution of                 Hearing.—The Commission will hold
                                                Interior is authorized to make this                     the subject five-year reviews were such                a hearing in connection with the
                                                boundary revision upon publication of                   that full reviews should proceed (82 FR                reviews beginning at 9:30 a.m. on
                                                notice in the Federal Register. The                     10588, February 14, 2017); accordingly,                Thursday, October 12, 2017, at the U.S.
                                                Committees have been notified of this                   full reviews are being scheduled                       International Trade Commission
                                                boundary revision. This boundary                        pursuant to section 751(c)(5) of the                   Building. Requests to appear at the
                                                revision and subsequent acquisition will                Tariff Act of 1930 (19 U.S.C. 1675(c)(5)).             hearing should be filed in writing with
                                                ensure preservation and protection of                   A record of the Commissioners’ votes,                  the Secretary to the Commission on or
                                                Fort Monroe’s scenic and historic                       the Commission’s statement on                          before October 5, 2017. A nonparty who
                                                resources.                                              adequacy, and any individual                           has testimony that may aid the
                                                                                                        Commissioner’s statements are available                Commission’s deliberations may request
                                                  Dated: June 8, 2017.
                                                                                                        from the Office of the Secretary and at                permission to present a short statement
                                                Jonathan Meade,                                                                                                at the hearing. All parties and
                                                                                                        the Commission’s Web site.
                                                Deputy Regional Director, Northeast Region.                Participation in the reviews and                    nonparties desiring to appear at the
                                                [FR Doc. 2017–12485 Filed 6–15–17; 8:45 am]             public service list.—Persons, including                hearing and make oral presentations
                                                BILLING CODE 4312–52–P                                  industrial users of the subject                        should participate in a prehearing
                                                                                                        merchandise and, if the merchandise is                 conference to be held on October 11,
                                                                                                        sold at the retail level, representative               2017, at the U.S. International Trade
                                                INTERNATIONAL TRADE                                     consumer organizations, wishing to                     Commission Building, if deemed
                                                COMMISSION                                              participate in these reviews as parties                necessary. Oral testimony and written
                                                                                                        must file an entry of appearance with                  materials to be submitted at the public
                                                [Investigation Nos. 701–TA–476 and 731–                 the Secretary to the Commission, as                    hearing are governed by sections
                                                TA–1179 (Review)]
                                                                                                        provided in section 201.11 of the                      201.6(b)(2), 201.13(f), 207.24, and
                                                Multilayered Wood Flooring From                         Commission’s rules, by 45 days after                   207.66 of the Commission’s rules.
                                                China; Scheduling of Full Five-Year                     publication of this notice. A party that               Parties must submit any request to
                                                Reviews                                                 filed a notice of appearance following                 present a portion of their hearing
                                                                                                        publication of the Commission’s notice                 testimony in camera no later than 7
                                                AGENCY: United States International                     of institution of the reviews need not                 business days prior to the date of the
                                                Trade Commission.                                       file an additional notice of appearance.               hearing.
                                                ACTION: Notice.                                         The Secretary will maintain a public                      Written submissions.—Each party to
                                                                                                        service list containing the names and                  the reviews may submit a prehearing
                                                SUMMARY:   The Commission hereby gives                  addresses of all persons, or their                     brief to the Commission. Prehearing
                                                notice of the scheduling of full reviews                representatives, who are parties to the                briefs must conform with the provisions
                                                pursuant to the Tariff Act of 1930 (‘‘the               reviews.                                               of section 207.65 of the Commission’s
                                                Act’’) to determine whether revocation                     For further information concerning                  rules; the deadline for filing is October
                                                of the antidumping duty and                             the conduct of these reviews and rules                 3, 2017. Parties may also file written
                                                countervailing duty orders on                           of general application, consult the                    testimony in connection with their
                                                multilayered wood flooring from China                   Commission’s Rules of Practice and                     presentation at the hearing, as provided
                                                would be likely to lead to continuation                 Procedure, part 201, subparts A and B                  in section 207.24 of the Commission’s
                                                or recurrence of material injury within                 (19 CFR part 201), and part 207,                       rules, and posthearing briefs, which
                                                a reasonably foreseeable time. The                      subparts A, D, E, and F (19 CFR part                   must conform with the provisions of
                                                Commission has determined to exercise                   207).                                                  section 207.67 of the Commission’s
                                                its authority to extend the review period                  Limited disclosure of business                      rules. The deadline for filing
                                                by up to 90 days.                                       proprietary information (BPI) under an                 posthearing briefs is October 23, 2017.
                                                                                                        administrative protective order (APO)                  In addition, any person who has not
                                                DATES: Effective Date: June 12, 2017.
                                                                                                        and BPI service list.—Pursuant to                      entered an appearance as a party to the
                                                FOR FURTHER INFORMATION CONTACT:                        section 207.7(a) of the Commission’s                   reviews may submit a written statement
                                                Drew Dushkes (202–205–3229), Office                     rules, the Secretary will make BPI                     of information pertinent to the subject of
                                                of Investigations, U.S. International                   gathered in these reviews available to                 the reviews on or before October 23,
                                                Trade Commission, 500 E Street SW.,                     authorized applicants under the APO                    2017. On November 17, 2017, the
                                                Washington, DC 20436. Hearing-                          issued in the reviews, provided that the               Commission will make available to
                                                impaired persons can obtain                             application is made by 45 days after                   parties all information on which they
                                                information on this matter by contacting                publication of this notice. Authorized                 have not had an opportunity to
                                                the Commission’s TDD terminal on 202–                   applicants must represent interested                   comment. Parties may submit final
                                                205–1810. Persons with mobility                         parties, as defined by 19 U.S.C. 1677(9),              comments on this information on or
                                                impairments who will need special                       who are parties to the reviews. A party                before November 21, 2017, but such
                                                assistance in gaining access to the                     granted access to BPI following                        final comments must not contain new
                                                Commission should contact the Office                    publication of the Commission’s notice                 factual information and must otherwise
                                                of the Secretary at 202–205–2000.                       of institution of the reviews need not                 comply with section 207.68 of the
                                                General information concerning the
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                                                                                                        reapply for such access. A separate                    Commission’s rules. All written
                                                Commission may also be obtained by                      service list will be maintained by the                 submissions must conform with the
                                                accessing its internet server (https://                 Secretary for those parties authorized to              provisions of section 201.8 of the
                                                www.usitc.gov). The public record for                   receive BPI under the APO.                             Commission’s rules; any submissions
                                                this review may be viewed on the                           Staff report.—The prehearing staff                  that contain BPI must also conform with
                                                Commission’s electronic docket (EDIS)                   report in the reviews will be placed in                the requirements of sections 201.6,
                                                at https://edis.usitc.gov.                              the nonpublic record on September 22,                  207.3, and 207.7 of the Commission’s
                                                SUPPLEMENTARY INFORMATION:                              2017, and a public version will be                     rules. The Commission’s Handbook on


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                                                                                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices                                                  27723

                                                E-Filing, available on the Commission’s                 hours (8:45 a.m. to 5:15 p.m.) in the                  October 28, 2015, the presiding
                                                Web site at https://edis.usitc.gov,                     Office of the Secretary, U.S.                          administrative law judge (ALJ) issued an
                                                elaborates upon the Commission’s rules                  International Trade Commission, 500 E                  initial determination granting Epson’s
                                                with respect to electronic filing.                      Street SW., Washington, DC 20436,                      motion for summary determination of
                                                   Additional written submissions to the                telephone (202) 205–2000. General                      violation of section 337 by the
                                                Commission, including requests                          information concerning the Commission                  defaulting respondents. Based on
                                                pursuant to section 201.12 of the                       may also be obtained by accessing its                  evidence of a pattern of violation and
                                                Commission’s rules, shall not be                        Internet server at https://www.usitc.gov.              difficulty ascertaining the source of the
                                                accepted unless good cause is shown for                 The public record for this investigation               infringing products, the Commission
                                                accepting such submissions, or unless                   may be viewed on the Commission’s                      issued a GEO and CDOs directed to two
                                                the submission is pursuant to a specific                electronic docket (EDIS) at https://                   defaulted domestic respondents on May
                                                request by a Commissioner or                            edis.usitc.gov. Hearing-impaired                       26, 2016.
                                                Commission staff.                                       persons are advised that information on
                                                   In accordance with sections 201.16(c)                this matter can be obtained by                            On April 26, 2017, Ninestar, Ninestar
                                                and 207.3 of the Commission’s rules,                    contacting the Commission’s TDD                        Image Tech. Ltd., and Apex Microtech
                                                each document filed by a party to the                   terminal on (202) 205–1810.                            Ltd. (collectively, ‘‘Requesters’’) filed a
                                                reviews must be served on all other                     SUPPLEMENTARY INFORMATION: The                         request for a consolidated advisory
                                                parties to the reviews (as identified by                Commission instituted Inv. No. 337–                    opinion proceeding in both
                                                either the public or BPI service list), and             TA–565 on March 23, 2006, based on a                   investigations pursuant to Commission
                                                a certificate of service must be timely                 complaint filed by Epson Portland, Inc.                Rule 210.79 (19 CFR 210.79).
                                                filed. The Secretary will not accept a                  of Hillsboro, Oregon, Epson America,                   Specifically, Requesters seek an
                                                document for filing without a certificate               Inc. of Long Beach, California, and                    advisory opinion that will declare that
                                                of service.                                             Seiko Epson Corporation of Nagano-                     their refurbished Epson ink cartridges
                                                   The Commission has determined that                   Ken, Japan (collectively, ‘‘Epson’’). 71               remanufactured using empty Epson ink
                                                these reviews are extraordinarily                       FR 14720 (Mar. 23, 2006). The                          cartridges collected from the United
                                                complicated and therefore has                           complaint alleged violations of section                States are outside the scope of the GEOs
                                                determined to exercise its authority to                 337 of the Tariff Act of 1930, as                      and CDOs issued in both investigations.
                                                extend the review period by up to 90                    amended, 19 U.S.C. 1337, by reason of                  Requesters also ask that the advisory
                                                days pursuant to 19 U.S.C.1675(c)(5)(B).                infringement of certain claims of U.S.                 opinion proceeding be conducted in an
                                                  Authority: These reviews are being                    Patent Nos. 5,615,957; 5,622,439;                      expedited manner pursuant to
                                                conducted under authority of title VII of the           5,158,377; 5,221,148; 5,156,472;                       Commission Rule 210.2 (19 CFR 210.2),
                                                Tariff Act of 1930; this notice is published            5,488,401; 6,502,917; 6,550,902;
                                                pursuant to section 207.62 of the                                                                              without a formal hearing or discovery.
                                                                                                        6,955,422; 7,008,053; and 7,011,397.                   Epson filed a timely response opposing
                                                Commission’s rules.
                                                                                                        The Commission’s notice of                             the request. Thereafter, Requesters filed
                                                  By order of the Commission.                           investigation named 24 respondents                     a motion for leave to file a reply to
                                                  Issued: June 13, 2017.                                including Ninestar Technology                          Epson’s response.
                                                Lisa R. Barton,                                         Company Ltd. of Montclair, California
                                                Secretary to the Commission.                            (‘‘Ninestar’’). The Office of Unfair                      The Commission has determined that
                                                                                                        Import Investigations participated in the              the request complies with the
                                                [FR Doc. 2017–12510 Filed 6–15–17; 8:45 am]
                                                                                                        investigation. Several respondents were                requirements for institution of an
                                                BILLING CODE 7020–02–P
                                                                                                        terminated from the investigation on the               advisory opinion proceeding under
                                                                                                        basis of settlement agreements or                      Commission Rule 210.79. Accordingly,
                                                INTERNATIONAL TRADE                                     consent orders or were found in default.               the Commission has determined to
                                                COMMISSION                                              On October 19, 2007, the Commission                    institute a consolidated advisory
                                                                                                        issued a general exclusion order                       opinion proceeding in both
                                                [Investigation Nos. 337–TA–565/946]                     (‘‘GEO’’) and a limited exclusion order.               investigations and referred the request
                                                Certain Ink Cartridges and                              The Commission also issued cease and                   to the Chief ALJ to designate a presiding
                                                Components Thereof; Institution of an                   desist orders (‘‘CDO’’) directed to                    ALJ. Epson, the Requesters, and the
                                                Advisory Opinion Proceeding                             several domestic respondents.                          Office of Unfair Import Investigations
                                                                                                           The Commission instituted Inv. No.                  are named as parties to the proceeding.
                                                AGENCY: U.S. International Trade                        337–TA–946 on January 27, 2015, based                  The Commission has also determined to
                                                Commission.                                             on a complaint filed by Epson. 80 FR                   deny Requesters’ motion for leave to file
                                                ACTION: Notice.                                         4314–16 (Jan. 27, 2015). That complaint                a reply.
                                                                                                        alleged violations of section 337 of the
                                                SUMMARY:   Notice is hereby given that                  Tariff Act of 1930, as amended, 19                        The authority for the Commission’s
                                                the U.S. International Trade                            U.S.C. 1337, by reason of infringement                 determination is contained in section
                                                Commission has determined to institute                  of certain claims of U.S. Patent Nos.                  337 of the Tariff Act of 1930, as
                                                an advisory opinion proceeding in the                   8,366,233; 8,454,116; 8,794,749;                       amended (19 U.S.C. 1337), and in part
                                                above-captioned investigations.                         8,801,163; and 8,882,513. The                          210 of the Commission’s Rules of
                                                FOR FURTHER INFORMATION CONTACT:                        Commission’s notice of investigation                   Practice and Procedure (19 CFR part
                                                Cathy Chen, Office of the General                       named numerous respondents. The                        210).
sradovich on DSK3GMQ082PROD with NOTICES




                                                Counsel, U.S. International Trade                       Office of Unfair Import Investigations                   By order of the Commission.
                                                Commission, 500 E Street SW.,                           participated in the investigation. All the               Issued June 12, 2017.
                                                Washington, DC 20436, telephone (202)                   participating respondents were
                                                                                                                                                               Lisa R. Barton,
                                                205–2392. Copies of non-confidential                    terminated from the investigation as a
                                                documents filed in connection with this                 result of settlement agreements and/or                 Secretary to the Commission.
                                                investigation are or will be available for              consent motion stipulations. A number                  [FR Doc. 2017–12487 Filed 6–15–17; 8:45 am]
                                                inspection during official business                     of the named respondents defaulted. On                 BILLING CODE 7020–02–P




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Document Created: 2017-06-16 00:52:11
Document Modified: 2017-06-16 00:52:11
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: June 12, 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 this review may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation82 FR 27722 

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