82 FR 42113 - Investigations: Cast Iron Soil Pipe Fittings From China

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range		42113-42114
FR Document		2017-18508

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42113-42114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18508]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-583 and 731-TA-1381 (Preliminary)]


Investigations: Cast Iron Soil Pipe Fittings From China

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 cast iron 
soil pipe fittings from China, provided for in subheading 7307.11.00 of 
the Harmonized Tariff Schedule of the United States, that are alleged 
to be sold in the United States at less than fair

[[Page 42114]]

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. 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 July 13, 2017, the Cast Iron Soil Pipe Institute, Mundelein, 
Illinois, 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 cast iron soil pipe fittings from China. Accordingly, 
effective July 13, 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-583 and antidumping duty 
investigation No. 731-TA-1381 (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 July 20, 2017 (82 FR 33515). The 
conference was held in Washington, DC, on August 3, 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 
August 28, 2017. The views of the Commission are contained in USITC 
Publication 4722 (September 2017), entitled Cast Iron Soil Pipe 
Fittings from China: Investigation Nos. 701-TA-583 and 731-TA-1381 
(Preliminary).

    By order of the Commission.

    Issued: August 28, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-18508 Filed 9-5-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices 42113

residential, recreational, religious or applied a balancing test to determine 415(h)(3)(B)(i) (requiring Tribal
educational purposes for a primary term whether State and local taxation of non- regulations be consistent with BIA
of up to 75 years without the approval Indians on the reservation is preempted. surface leasing regulations).
of the Secretary. Participating Tribes White Mountain Apache Tribe v. Furthermore, the Federal government
develop Tribal leasing regulations, Bracker, 448 U.S. 136, 143 (1980). The remains involved in the Tribal land
including an environmental review Bracker balancing test, which is leasing process by approving the Tribal
process, and then must obtain the conducted against a backdrop of leasing regulations in the first instance
Secretary’s approval of those regulations ‘‘traditional notions of Indian self- and providing technical assistance,
prior to entering into leases. The government,’’ requires a particularized upon request by a Tribe, for the
HEARTH Act requires the Secretary to examination of the relevant State, development of an environmental
approve Tribal regulations if the Tribal Federal, and Tribal interests. We hereby review process. The Secretary also
regulations are consistent with the adopt the Bracker analysis from the retains authority to take any necessary
Department of the Interior’s preamble to the surface leasing actions to remedy violations of a lease
(Department) leasing regulations at 25 regulations, 77 FR at 72,447–48, as or of the Tribal regulations, including
CFR part 162 and provide for an supplemented by the analysis below. terminating the lease or rescinding
environmental review process that The strong Federal and Tribal approval of the Tribal regulations and
meets requirements set forth in the interests against State and local taxation reassuming lease approval
HEARTH Act. This notice announces of improvements, leaseholds, and responsibilities. Moreover, the Secretary
that the Secretary, through the Assistant activities on land leased under the continues to review, approve, and
Secretary—Indian Affairs, has approved Department’s leasing regulations apply monitor individual Indian land leases
the Tribal regulations for the Osage equally to improvements, leaseholds, and other types of leases not covered
Nation. and activities on land leased pursuant to under the Tribal regulations according
Tribal leasing regulations approved to the Part 162 regulations.
II. Federal Preemption of State and under the HEARTH Act. Congress’s
Local Taxes Accordingly, the Federal and Tribal
overarching intent was to ‘‘allow Tribes interests weigh heavily in favor of
The Department’s regulations to exercise greater control over their preemption of State and local taxes on
governing the surface leasing of trust own land, support self-determination, lease-related activities and interests,
and restricted Indian lands specify that, and eliminate bureaucratic delays that regardless of whether the lease is
subject to applicable Federal law, stand in the way of homeownership and governed by Tribal leasing regulations
permanent improvements on leased economic development in Tribal or Part 162. Improvements, activities,
land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 and leasehold or possessory interests
and activities under the lease are not (May 15, 2012). The HEARTH Act was may be subject to taxation by the Osage
subject to State and local taxation and intended to afford Tribes ‘‘flexibility to Nation.
may be subject to taxation by the Indian adapt lease terms to suit [their] business
Tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable Dated: July 17, 2017.
162.017. As explained further in the [Tribes] to approve leases quickly and Michael S. Black,
preamble to the final regulations, the efficiently.’’ Id. at 5–6. Acting Assistant Secretary—Indian Affairs.
Federal government has a strong interest Assessment of State and local taxes [FR Doc. 2017–18852 Filed 9–5–17; 8:45 am]
in promoting economic development, would obstruct these express Federal BILLING CODE 4337–15–P
self-determination, and Tribal policies supporting Tribal economic
sovereignty. 77 FR 72,440, 72,447–48 development and self-determination,
(December 5, 2012). The principles and also threaten substantial Tribal
supporting the Federal preemption of interests in effective Tribal government, INTERNATIONAL TRADE
State law in the field of Indian leasing economic self-sufficiency, and territorial COMMISSION
and the taxation of lease-related autonomy. See Michigan v. Bay Mills
interests and activities applies with Indian Community, 134 S. Ct. 2024, [Investigation Nos. 701–TA–583 and 731–
equal force to leases entered into under 2043 (2014) (Sotomayor, J., concurring) TA–1381 (Preliminary)]
Tribal leasing regulations approved by (determining that ‘‘[a] key goal of the
the Federal government pursuant to the Federal Government is to render Tribes Investigations: Cast Iron Soil Pipe
HEARTH Act. more self-sufficient, and better Fittings From China
Section 5 of the Indian Reorganization positioned to fund their own sovereign
Act, 25 U.S.C. 465, preempts State and functions, rather than relying on Federal Determinations
local taxation of permanent funding’’). The additional costs of State On the basis of the record 1 developed
improvements on trust land. and local taxation have a chilling effect in the subject investigations, the United
Confederated Tribes of the Chehalis on potential lessees, as well as on a States International Trade Commission
Reservation v. Thurston County, 724 Tribe that, as a result, might refrain from (‘‘Commission’’) determines, pursuant
F.3d 1153, 1157 (9th Cir. 2013) (citing exercising its own sovereign right to to the Tariff Act of 1930 (‘‘the Act’’),
Mescalero Apache Tribe v. Jones, 411 impose a Tribal tax to support its that there is a reasonable indication that
U.S. 145 (1973)). Similarly, section 465 infrastructure needs. See id. at 2043–44 an industry in the United States is
preempts state taxation of rent payments (finding that State and local taxes materially injured by reason of imports
asabaliauskas on DSKBBXCHB2PROD with NOTICES

by a lessee for leased trust lands, greatly discourage Tribes from raising of cast iron soil pipe fittings from China,
because ‘‘tax on the payment of rent is tax revenue from the same sources provided for in subheading 7307.11.00
indistinguishable from an impermissible because the imposition of double of the Harmonized Tariff Schedule of
tax on the land.’’ See Seminole Tribe of taxation would impede Tribal economic the United States, that are alleged to be
Florida v. Stranburg, No. 14–14524, growth). sold in the United States at less than fair
*13–*17, n.8 (11th Cir. 2015). In Similar to BIA’s surface leasing
addition, as explained in the preamble regulations, Tribal regulations under the 1 The record is defined in sec. 207.2(f) of the
to the revised leasing regulations at 25 HEARTH Act pervasively cover all Commission’s Rules of Practice and Procedure (19
CFR part 162, Federal courts have aspects of leasing. See 25 U.S.C. CFR 207.2(f)).

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42114 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices

value (‘‘LTFV’’) and to be subsidized by opportunity were permitted to appear in Electronic Document Information
the government of China. person or by counsel. System (EDIS) at https://edis.usitc.gov.
The Commission made these Hearing-impaired persons are advised
Commencement of Final Phase determinations pursuant to sections that information on this matter can be
Investigations 703(a) and 733(a) of the Act (19 U.S.C. obtained by contacting the
Pursuant to section 207.18 of the 1671b(a) and 1673b(a)). It completed Commission’s TDD terminal on (202)
Commission’s rules, the Commission and filed its determinations in these 205–1810.
also gives notice of the commencement investigations on August 28, 2017. The
views of the Commission are contained SUPPLEMENTARY INFORMATION: The
of the final phase of its investigations.
The Commission will issue a final phase in USITC Publication 4722 (September Commission has received a complaint
notice of scheduling, which will be 2017), entitled Cast Iron Soil Pipe and a submission pursuant to § 210.8(b)
published in the Federal Register as Fittings from China: Investigation Nos. of the Commission’s Rules of Practice
provided in section 207.21 of the 701–TA–583 and 731–TA–1381 and Procedure filed on behalf of Amarin
Commission’s rules, upon notice from (Preliminary). Pharma, Inc. and Amarin
the Department of Commerce By order of the Commission.
Pharmaceuticals Ireland Ltd. on August
(‘‘Commerce’’) of affirmative 30, 2017. The complaint alleges
Issued: August 28, 2017.
preliminary determinations in the violations of section 337 of the Tariff
William R. Bishop,
investigations under sections 703(b) or Act of 1930 (19 U.S.C. 1337) in the
Supervisory Hearings and Information importation into the United States, the
733(b) of the Act, or, if the preliminary Officer.
determinations are negative, upon sale for importation, and the sale within
[FR Doc. 2017–18508 Filed 9–5–17; 8:45 am]
notice of affirmative final the United States after importation of
BILLING CODE 7020–02–P
determinations in those investigations certain synthetically produced,
under sections 705(a) or 735(a) of the predominantly EPA omega-3 products
Act. Parties that filed entries of in ethyl ester or re-esterified triglyceride
INTERNATIONAL TRADE
appearance in the preliminary phase of form. The complaint names as
COMMISSION
the investigations need not enter a respondents Royal DSM NV of The
separate appearance for the final phase Notice of Receipt of Complaint; Netherlands; DSM Marine Lipids Peru
of the investigations. Industrial users, Solicitation of Comments Relating to S.A.C. of Peru; DSM Nutritional
and, if the merchandise under the Public Interest Products of Parsippany, NJ; DSM
investigation is sold at the retail level, Nutritional Products Canada, Inc. of
AGENCY: U.S. International Trade Canada; Ultimate Biopharma
representative consumer organizations Commission.
have the right to appear as parties in (Zhongshan) Corporation of China;
ACTION: Notice. Marine Ingredients AS of Norway;
Commission antidumping and
countervailing duty investigations. The SUMMARY: Notice is hereby given that Marine Ingredients LLC of Bethel, PA;
Secretary will prepare a public service the U.S. International Trade Golden Omega S.A. of Chile; Golden
list containing the names and addresses Commission has received a complaint Omega USA LLC of Aliso Viejo, CA;
of all persons, or their representatives, entitled Certain Synthetically Produced, Nordic Pharma, Inc. of Norway; Croda
who are parties to the investigations. Predominantly EPA Omega-3 Products Europe Ltd. of The United Kingdom;
in Ethyl Ester or Re-esterified Croda Inc. of Edison, NJ; Tecnologica de
Background Alimentos S.A. of Peru; Nature’s Bounty
Triglyceride Form, DN 3247; the
On July 13, 2017, the Cast Iron Soil Commission is soliciting comments on of Ronkonkoma, NY; Nordic Naturals of
Pipe Institute, Mundelein, Illinois, filed any public interest issues raised by the Watsonville, CA; Pharmavite LLC of
a petition with the Commission and complaint or complainant’s filing Northridge, CA; Innovix Pharma Inc. of
Commerce, alleging that an industry in pursuant to the Commission’s Rules of Calabasas, CA and J.R. Carlson
the United States is materially injured Practice and Procedure. Laboratories, Inc. of Arlington Heights,
or threatened with material injury by FOR FURTHER INFORMATION CONTACT: Lisa
IL. The complainant requests that the
reason of LTFV and subsidized imports R. Barton, Secretary to the Commission, Commission issue a general exclusion
of cast iron soil pipe fittings from China. U.S. International Trade Commission, order, a limited exclusion order, a cease
Accordingly, effective July 13, 2017, the 500 E Street SW., Washington, DC and desist order, and impose a bond
Commission, pursuant to sections 703(a) 20436, telephone (202) 205–2000. The upon respondents’ alleged infringing
and 733(a) of the Act (19 U.S.C. public version of the complaint can be articles during the 60-day Presidential
1671b(a) and 1673b(a)), instituted accessed on the Commission’s review period pursuant to 19 U.S.C.
countervailing duty investigation No. Electronic Document Information 1337(j).
701–TA–583 and antidumping duty System (EDIS) at https://edis.usitc.gov, Proposed respondents, other
investigation No. 731–TA–1381 and will be available for inspection interested parties, and members of the
(Preliminary). during official business hours (8:45 a.m. public are invited to file comments, not
Notice of the institution of the to 5:15 p.m.) in the Office of the to exceed five (5) pages in length,
Commission’s investigations and of a Secretary, U.S. International Trade inclusive of attachments, on any public
public conference to be held in Commission, 500 E Street SW., interest issues raised by the complaint
asabaliauskas on DSKBBXCHB2PROD with NOTICES

connection therewith was given by Washington, DC 20436, telephone (202) or § 210.8(b) filing. Comments should
posting copies of the notice in the Office 205–2000. address whether issuance of the relief
of the Secretary, U.S. International General information concerning the specifically requested by the
Trade Commission, Washington, DC, Commission may also be obtained by complainant in this investigation would
and by publishing the notice in the accessing its Internet server at United affect the public health and welfare in
Federal Register of July 20, 2017 (82 FR States International Trade Commission the United States, competitive
33515). The conference was held in (USITC) at https://www.usitc.gov. The conditions in the United States
Washington, DC, on August 3, 2017, and public record for this investigation may economy, the production of like or
all persons who requested the be viewed on the Commission’s directly competitive articles in the

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Document Created: 2017-09-06 00:56:23
Document Modified: 2017-09-06 00:56:23

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
FR Citation		82 FR 42113