82 FR 41656 - Titanium Sponge From Japan and Kazakhstan; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 169 (September 1, 2017)
Federal Register Volume 82, Issue 169 (September 1, 2017)
| Page Range | 41656-41657 | |
| FR Document | 2017-18608 |
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)] [Notices] [Pages 41656-41657] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18608] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-587 and 731-TA-1385-1386 (Preliminary)] Titanium Sponge From Japan and Kazakhstan; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-587 and 731-TA-1385-1386 (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 titanium sponge from Japan and Kazakhstan, provided for in subheading 8108.20.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of Kazakhstan. 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 [[Page 41657]] by October 10, 2017. The Commission's views must be transmitted to Commerce within five business days thereafter, or by October 17, 2017. DATES: August 24, 2017. FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), 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 investigation 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 August 24, 2017, by Titanium Metals Corporation, Exton, PA. 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 Thursday, September 14, 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 September 12, 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 September 19, 2017, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in 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://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 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: August 25, 2017. Katherine M. Hiner, Supervisory Attorney. [FR Doc. 2017-18608 Filed 8-31-17; 8:45 am] BILLING CODE 7020-02-P
![41656 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
(report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. products; and the level of competition
value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product
If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject
trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject
information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from
the firms in which your workers are (11) If you are a producer, an exporter, other countries.
employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of
association. producers or exporters of the Subject whether you agree with the above
(a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product
known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree
total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions,
Like Product accounted for by your product during calendar year 2016 please explain why and provide
firm’s(s’) production; (report quantity data in pounds and alternative definitions.
(b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and
Authority: This proceeding is being
produce the Domestic Like Product (that duty-paid at the U.S. port but not conducted under authority of title VII of the
is, the level of production that your including antidumping duties). If you Tariff Act of 1930; this notice is published
establishment(s) could reasonably have are a trade/business association, provide pursuant to section 207.61 of the
expected to attain during the year, the information, on an aggregate basis, Commission’s rules.
assuming normal operating conditions for the firms which are members of your
By order of the Commission.
(using equipment and machinery in association.
place and ready to operate), normal (a) Production (quantity) and, if Issued: August 24, 2017.
operating levels (hours per week/weeks known, an estimate of the percentage of Katherine M. Hiner,
per year), time for downtime, total production of Subject Merchandise Supervisory Attorney.
maintenance, repair, and cleanup, and a in the Subject Country accounted for by [FR Doc. 2017–18358 Filed 8–31–17; 8:45 am]
typical or representative product mix); your firm’s(s’) production; BILLING CODE 7020–02–P
(c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s)
commercial shipments of the Domestic to produce the Subject Merchandise in
Like Product produced in your U.S. the Subject Country (that is, the level of INTERNATIONAL TRADE
plant(s); production that your establishment(s) COMMISSION
(d) the quantity and value of U.S. could reasonably have expected to
[Investigation Nos. 701–TA–587 and 731–
internal consumption/company attain during the year, assuming normal TA–1385–1386 (Preliminary)]
transfers of the Domestic Like Product operating conditions (using equipment
produced in your U.S. plant(s); and and machinery in place and ready to Titanium Sponge From Japan and
(e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours Kazakhstan; Institution of Antidumping
of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for and Countervailing Duty Investigations
(iv) selling, general and administrative downtime, maintenance, repair, and and Scheduling of Preliminary Phase
(SG&A) expenses, and (v) operating cleanup, and a typical or representative Investigations
income of the Domestic Like Product product mix); and
produced in your U.S. plant(s) (include (c) the quantity and value of your AGENCY: United States International
both U.S. and export commercial sales, firm’s(s’) exports to the United States of Trade Commission.
internal consumption, and company Subject Merchandise and, if known, an ACTION: Notice.
transfers) for your most recently estimate of the percentage of total
completed fiscal year (identify the date exports to the United States of Subject SUMMARY: The Commission hereby gives
on which your fiscal year ends). Merchandise from the Subject Country notice of the institution of investigations
(10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. and commencement of preliminary
trade/business association of U.S. (12) Identify significant changes, if phase antidumping and countervailing
importers of the Subject Merchandise any, in the supply and demand duty investigation Nos. 701–TA–587
from the Subject Country, provide the conditions or business cycle for the and 731–TA–1385–1386 (Preliminary)
following information on your firm’s(s’) Domestic Like Product that have pursuant to the Tariff Act of 1930 (‘‘the
operations on that product during occurred in the United States or in the Act’’) to determine whether there is a
calendar year 2016 (report quantity data market for the Subject Merchandise in reasonable indication that an industry
in pounds and value data in U.S. the Subject Country after 2011, and in the United States is materially
dollars). If you are a trade/business significant changes, if any, that are injured or threatened with material
association, provide the information, on likely to occur within a reasonably injury, or the establishment of an
an aggregate basis, for the firms which foreseeable time. Supply conditions to industry in the United States is
are members of your association. consider include technology; materially retarded, by reason of
(a) The quantity and value (landed, production methods; development imports of titanium sponge from Japan
duty-paid but not including efforts; ability to increase production and Kazakhstan, provided for in
antidumping duties) of U.S. imports (including the shift of production subheading 8108.20.00 of the
and, if known, an estimate of the facilities used for other products and the Harmonized Tariff Schedule of the
percentage of total U.S. imports of use, cost, or availability of major inputs United States, that are alleged to be sold
into production); and factors related to in the United States at less than fair
sradovich on DSK3GMQ082PROD with NOTICES
Subject Merchandise from the Subject
Country accounted for by your firm’s(s’) the ability to shift supply among value and alleged to be subsidized by
imports; different national markets (including the Government of Kazakhstan. Unless
(b) the quantity and value (f.o.b. U.S. barriers to importation in foreign the Department of Commerce extends
port, including antidumping duties) of markets or changes in market demand the time for initiation, the Commission
U.S. commercial shipments of Subject abroad). Demand conditions to consider must reach a preliminary determination
Merchandise imported from the Subject include end uses and applications; the in antidumping and countervailing duty
Country; and existence and availability of substitute investigations in 45 days, or in this case
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![Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41657
by October 10, 2017. The Commission’s gathered in these investigations Certification.—Pursuant to section
views must be transmitted to Commerce available to authorized applicants 207.3 of the Commission’s rules, any
within five business days thereafter, or representing interested parties (as person submitting information to the
by October 17, 2017. defined in 19 U.S.C. 1677(9)) who are Commission in connection with these
DATES: August 24, 2017. parties to the investigations under the investigations must certify that the
FOR FURTHER INFORMATION CONTACT: APO issued in the investigations, information is accurate and complete to
Jordan Harriman (202–205–2610), Office provided that the application is made the best of the submitter’s knowledge. In
of Investigations, U.S. International not later than seven days after the making the certification, the submitter
Trade Commission, 500 E Street SW., publication of this notice in the Federal will acknowledge that any information
Washington, DC 20436. Hearing- Register. A separate service list will be that it submits to the Commission
impaired persons can obtain maintained by the Secretary for those during these investigations may be
information on this matter by contacting parties authorized to receive BPI under disclosed to and used: (i) By the
the Commission’s TDD terminal on 202– the APO. Commission, its employees and Offices,
Conference.—The Commission’s and contract personnel (a) for
205–1810. Persons with mobility
Director of Investigations has scheduled developing or maintaining the records
impairments who will need special
a conference in connection with these of these or related investigations or
assistance in gaining access to the
investigations for 9:30 a.m. on reviews, or (b) in internal investigations,
Commission should contact the Office
Thursday, September 14, 2017, at the audits, reviews, and evaluations relating
of the Secretary at 202–205–2000.
U.S. International Trade Commission to the programs, personnel, and
General information concerning the
Building, 500 E Street SW., Washington, operations of the Commission including
Commission may also be obtained by DC. Requests to appear at the conference
accessing its internet server (https:// under 5 U.S.C. Appendix 3; or (ii) by
should be emailed to William.bishop@ U.S. government employees and
www.usitc.gov). The public record for usitc.gov and Sharon.bellamy@usitc.gov
this investigation may be viewed on the contract personnel, solely for
(DO NOT FILE ON EDIS) on or before cybersecurity purposes. All contract
Commission’s electronic docket (EDIS) September 12, 2017. Parties in support
at https://edis.usitc.gov. personnel will sign appropriate
of the imposition of countervailing and nondisclosure agreements.
SUPPLEMENTARY INFORMATION: antidumping duties in these
Background.—These investigations investigations and parties in opposition Authority: These investigations are being
are being instituted, pursuant to conducted under authority of title VII of the
to the imposition of such duties will
sections 703(a) and 733(a) of the Tariff Tariff Act of 1930; this notice is published
each be collectively allocated one hour pursuant to section 207.12 of the
Act of 1930 (19 U.S.C. 1671b(a) and within which to make an oral Commission’s rules.
1673b(a)), in response to a petition filed presentation at the conference. A
on August 24, 2017, by Titanium Metals By order of the Commission.
nonparty who has testimony that may
Corporation, Exton, PA. aid the Commission’s deliberations may Issued: August 25, 2017.
For further information concerning request permission to present a short Katherine M. Hiner,
the conduct of these investigations and statement at the conference. Supervisory Attorney.
rules of general application, consult the Written submissions.—As provided in [FR Doc. 2017–18608 Filed 8–31–17; 8:45 am]
Commission’s Rules of Practice and sections 201.8 and 207.15 of the BILLING CODE 7020–02–P
Procedure, part 201, subparts A and B Commission’s rules, any person may
(19 CFR part 201), and part 207, submit to the Commission on or before
subparts A and B (19 CFR part 207). September 19, 2017, a written brief
Participation in the investigations and DEPARTMENT OF JUSTICE
containing information and arguments
public service list.—Persons (other than pertinent to the subject matter of the Notice of Lodging of Proposed
petitioners) wishing to participate in the investigations. Parties may file written Consent Decree Under the
investigations as parties must file an testimony in connection with their Comprehensive Environmental
entry of appearance with the Secretary presentation at the conference. All Response, Compensation, and Liability
to the Commission, as provided in written submissions must conform with Act
sections 201.11 and 207.10 of the the provisions of section 201.8 of the
Commission’s rules, not later than seven Commission’s rules; any submissions On August 25, 2017, the Department
days after publication of this notice in that contain BPI must also conform with of Justice lodged a proposed Consent
the Federal Register. Industrial users the requirements of sections 201.6, Decree with the United States District
and (if the merchandise under 207.3, and 207.7 of the Commission’s Court for the Southern District of West
investigation is sold at the retail level) rules. The Commission’s Handbook on Virginia in the lawsuit entitled United
representative consumer organizations E-Filing, available on the Commission’s States v. PAR Industrial Corporation,
have the right to appear as parties in Web site at https://www.usitc.gov/ Civil Action No. 3:16–cv–1703.
Commission antidumping duty and secretary/documents/handbook_on_ The Consent Decree resolves claims
countervailing duty investigations. The filing_procedures.pdf, elaborates upon against PAR Industrial Corporation
Secretary will prepare a public service the Commission’s rules with respect to (‘‘PAR’’ or ‘‘the Defendant’’) arising
list containing the names and addresses electronic filing. under the Comprehensive
of all persons, or their representatives, In accordance with sections 201.16(c) Environmental Response,
who are parties to these investigations and 207.3 of the rules, each document Compensation, and Liability Act
filed by a party to the investigations relating to the Par Industries, Inc.
sradovich on DSK3GMQ082PROD with NOTICES
upon the expiration of the period for
filing entries of appearance. must be served on all other parties to Superfund Site, located in Nitro,
Limited disclosure of business the investigations (as identified by Putnam County, West Virginia. Under
proprietary information (BPI) under an either the public or BPI service list), and the Consent Decree, Defendant will
administrative protective order (APO) a certificate of service must be timely endeavor to sell the majority of the
and BPI service list.—Pursuant to filed. The Secretary will not accept a property on which the Site is located
section 207.7(a) of the Commission’s document for filing without a certificate and distribute the proceeds of any
rules, the Secretary will make BPI of service. sale(s) between the United States and
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Document Created: 2017-09-01 01:50:52
Document Modified: 2017-09-01 01:50:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | August 24, 2017. | |
| Contact | Jordan Harriman (202-205-2610), 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 investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 82 FR 41656 |
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