82_FR_46716 82 FR 46524 - Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines; Scheduling of Expedited Five-Year Reviews

82 FR 46524 - Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines; Scheduling of Expedited Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46524-46525
FR Document2017-21429

The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46524-46525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21429]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-865-867 (Third Review)]


Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and 
the Philippines; Scheduling of Expedited Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of 
expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether revocation of the antidumping duty orders on 
stainless steel butt-weld pipe fittings from Italy, Malaysia, and the 
Philippines would be likely to lead to continuation or recurrence of 
material injury within a reasonably foreseeable time.

DATES: September 5, 2017.

FOR FURTHER INFORMATION CONTACT:  Amanda Lawrence (202-205-3185), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
reviews may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On September 5, 2017, the Commission determined that 
the domestic interested party group response to its notice of 
institution (82 FR 25324, June 1, 2017) of the subject five-year 
reviews was adequate and that the respondent interested party group 
response was inadequate for all reviews. The Commission did not find 
any other circumstances that would warrant conducting full reviews.\1\ 
Accordingly, the Commission determined that it would conduct expedited 
reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(3)).
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    \1\ A record of the Commissioners' votes, the Commission's 
statement on adequacy, and any individual Commissioner's statements 
will be available from the Office of the Secretary and at the 
Commission's Web site.
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    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).
    Staff report.--A staff report containing information concerning the 
subject matter of the reviews will be placed in the nonpublic record on 
November 2, 2017, and made available to persons on the Administrative 
Protective Order service list for these reviews. A public version will 
be issued thereafter, pursuant to section 207.62(d)(4) of the 
Commission's rules.
    Written submissions.--As provided in section 207.62(d) of the 
Commission's rules, interested parties that are parties to the reviews 
and that have provided individually adequate responses to the notice of 
institution,\2\ and any party other than an interested party to the 
reviews may file written comments with the Secretary on what 
determinations the Commission should reach in the

[[Page 46525]]

reviews. Comments are due on or before November 17, 2017 and may not 
contain new factual information. Any person that is neither a party to 
the five-year reviews nor an interested party may submit a brief 
written statement (which shall not contain any new factual information) 
pertinent to the reviews by November 17, 2017. However, should the 
Department of Commerce extend the time limit for its completion of the 
final results of its reviews, the deadline for comments (which may not 
contain new factual information) on Commerce's final results is three 
business days after the issuance of Commerce's results. If comments 
contain business proprietary information (BPI), they must conform with 
the requirements of sections 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's rules with respect to filing were 
revised effective July 25, 2014. See 79 FR 35920 (June 25, 2014), and 
the revised Commission Handbook on E-filing, available from the 
Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf.
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    \2\ The Commission has found the responses submitted on behalf 
of Core Pipe Products, Inc., Shaw Alloying Piping Products, LLC, and 
Taylor Forge Stainless to be individually adequate. Comments from 
other interested parties will not be accepted (see 19 CFR 
207.62(d)(2)).
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    In accordance with sections 201.16(c) and 207.3 of the 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.
    Determination.--The Commission has determined 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: September 29, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-21429 Filed 10-4-17; 8:45 am]
 BILLING CODE 7020-02-P



                                               46524                        Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

                                               phase of these investigations beginning                 www.usitc.gov/secretary/documents/                    information on this matter by contacting
                                               at 9:30 a.m. on Wednesday, December 6,                  handbook_on_filing_procedures.pdf,                    the Commission’s TDD terminal on 202–
                                               2017, at the U.S. International Trade                   elaborates upon the Commission’s rules                205–1810. Persons with mobility
                                               Commission Building. Requests to                        with respect to electronic filing.                    impairments who will need special
                                               appear at the hearing should be filed in                   Additional written submissions to the              assistance in gaining access to the
                                               writing with the Secretary to the                       Commission, including requests                        Commission should contact the Office
                                               Commission on or before December 1,                     pursuant to section 201.12 of the                     of the Secretary at 202–205–2000.
                                               2017. A nonparty who has testimony                      Commission’s rules, shall not be                      General information concerning the
                                               that may aid the Commission’s                           accepted unless good cause is shown for               Commission may also be obtained by
                                               deliberations may request permission to                 accepting such submissions, or unless                 accessing its internet server (https://
                                               present a short statement at the hearing.               the submission is pursuant to a specific              www.usitc.gov). The public record for
                                               All parties and nonparties desiring to                  request by a Commissioner or                          these reviews may be viewed on the
                                               appear at the hearing and make oral                     Commission staff.                                     Commission’s electronic docket (EDIS)
                                               presentations should participate in a                      In accordance with sections 201.16(c)              at https://edis.usitc.gov.
                                               prehearing conference to be held on                     and 207.3 of the Commission’s rules,                  SUPPLEMENTARY INFORMATION:
                                               December 4, 2017, at the U.S.                           each document filed by a party to the                    Background.—On September 5, 2017,
                                               International Trade Commission                          investigations must be served on all                  the Commission determined that the
                                               Building, if deemed necessary. Oral                     other parties to the investigations (as               domestic interested party group
                                               testimony and written materials to be                   identified by either the public or BPI                response to its notice of institution (82
                                               submitted at the public hearing are                     service list), and a certificate of service           FR 25324, June 1, 2017) of the subject
                                               governed by sections 201.6(b)(2),                       must be timely filed. The Secretary will              five-year reviews was adequate and that
                                               201.13(f), and 207.24 of the                            not accept a document for filing without              the respondent interested party group
                                               Commission’s rules. Parties must submit                 a certificate of service.                             response was inadequate for all reviews.
                                               any request to present a portion of their                  Authority: These investigations are                The Commission did not find any other
                                               hearing testimony in camera no later                    being conducted under authority of title              circumstances that would warrant
                                               than 7 business days prior to the date of               VII of the Tariff Act of 1930; this notice            conducting full reviews.1 Accordingly,
                                               the hearing.                                            is published pursuant to section 207.21               the Commission determined that it
                                                  Written submissions.—Each party                      of the Commission’s rules.                            would conduct expedited reviews
                                               who is an interested party shall submit                   By order of the Commission.                         pursuant to section 751(c)(3) of the
                                               a prehearing brief to the Commission.                     Issued: September 29, 2017.                         Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
                                               Prehearing briefs must conform with the                 Lisa R. Barton,                                          For further information concerning
                                               provisions of section 207.23 of the                     Secretary to the Commission.                          the conduct of these reviews and rules
                                               Commission’s rules; the deadline for                    [FR Doc. 2017–21428 Filed 10–4–17; 8:45 am]           of general application, consult the
                                               filing is November 29, 2017. Parties may                BILLING CODE 7020–02–P
                                                                                                                                                             Commission’s Rules of Practice and
                                               also file written testimony in connection                                                                     Procedure, part 201, subparts A and B
                                               with their presentation at the hearing, as                                                                    (19 CFR part 201), and part 207,
                                               provided in section 207.24 of the                       INTERNATIONAL TRADE                                   subparts A, D, E, and F (19 CFR part
                                               Commission’s rules, and posthearing                     COMMISSION                                            207).
                                               briefs, which must conform with the                                                                              Staff report.—A staff report
                                                                                                       [Investigation Nos. 731–TA–865–867 (Third
                                               provisions of section 207.25 of the                                                                           containing information concerning the
                                                                                                       Review)]
                                               Commission’s rules. The deadline for                                                                          subject matter of the reviews will be
                                               filing posthearing briefs is December 12,               Stainless Steel Butt-Weld Pipe Fittings               placed in the nonpublic record on
                                               2017. In addition, any person who has                   From Italy, Malaysia, and the                         November 2, 2017, and made available
                                               not entered an appearance as a party to                 Philippines; Scheduling of Expedited                  to persons on the Administrative
                                               the investigations may submit a written                 Five-Year Reviews                                     Protective Order service list for these
                                               statement of information pertinent to                                                                         reviews. A public version will be issued
                                               the subject of the investigations,                      AGENCY: United States International                   thereafter, pursuant to section
                                               including statements of support or                      Trade Commission.                                     207.62(d)(4) of the Commission’s rules.
                                               opposition to the petition, on or before                ACTION: Notice.                                          Written submissions.—As provided in
                                               December 12, 2017. On December 29,                                                                            section 207.62(d) of the Commission’s
                                               2017, the Commission will make                          SUMMARY:    The Commission hereby gives               rules, interested parties that are parties
                                               available to parties all information on                 notice of the scheduling of expedited                 to the reviews and that have provided
                                               which they have not had an opportunity                  reviews pursuant to the Tariff Act of                 individually adequate responses to the
                                               to comment. Parties may submit final                    1930 (‘‘the Act’’) to determine whether               notice of institution,2 and any party
                                               comments on this information on or                      revocation of the antidumping duty                    other than an interested party to the
                                               before January 3, 2018, but such final                  orders on stainless steel butt-weld pipe              reviews may file written comments with
                                               comments must not contain new factual                   fittings from Italy, Malaysia, and the                the Secretary on what determinations
                                               information and must otherwise comply                   Philippines would be likely to lead to                the Commission should reach in the
                                               with section 207.30 of the Commission’s                 continuation or recurrence of material
                                               rules. All written submissions must                     injury within a reasonably foreseeable                  1 A record of the Commissioners’ votes, the

                                               conform with the provisions of section                  time.                                                 Commission’s statement on adequacy, and any
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                                                                                                                                                             individual Commissioner’s statements will be
                                               201.8 of the Commission’s rules; any                    DATES: September 5, 2017.
                                                                                                                                                             available from the Office of the Secretary and at the
                                               submissions that contain BPI must also                  FOR FURTHER INFORMATION CONTACT:                      Commission’s Web site.
                                               conform with the requirements of                        Amanda Lawrence (202–205–3185),                         2 The Commission has found the responses

                                               sections 201.6, 207.3, and 207.7 of the                 Office of Investigations, U.S.                        submitted on behalf of Core Pipe Products, Inc.,
                                                                                                                                                             Shaw Alloying Piping Products, LLC, and Taylor
                                               Commission’s rules. The Commission’s                    International Trade Commission, 500 E                 Forge Stainless to be individually adequate.
                                               Handbook on E-Filing, available on the                  Street SW., Washington, DC 20436.                     Comments from other interested parties will not be
                                               Commission’s Web site at https://                       Hearing-impaired persons can obtain                   accepted (see 19 CFR 207.62(d)(2)).



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                                                                            Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                          46525

                                               reviews. Comments are due on or before                  to Show Cause to Warren B. Dailey,                    either option. Id. (citing 21 CFR
                                               November 17, 2017 and may not contain                   M.D. (Registrant), of Houston, Texas.                 1301.43). The Order also notified
                                               new factual information. Any person                     The Show Cause Order proposed the                     Registrant of his right to submit a
                                               that is neither a party to the five-year                revocation of Registrant’s DEA                        corrective action plan under 21 U.S.C.
                                               reviews nor an interested party may                     Certificate of Registration, pursuant to              824(c)(2)(C). Id. at 3.
                                               submit a brief written statement (which                 21 U.S.C. 824(a)(3) and (5), on two                      On February 7, 2017, the Show Cause
                                               shall not contain any new factual                       grounds: (1) That he does not have                    Order was mailed to Registrant, via first
                                               information) pertinent to the reviews by                authority to handle controlled                        class mail, addressed to him at his
                                               November 17, 2017. However, should                      substances in Texas, the State in which               registered address at 2305 Southmore,
                                               the Department of Commerce extend the                   he is registered with the Agency; and (2)             Houston, Texas. GX 5. Affidavit of
                                               time limit for its completion of the final              he has been excluded from participation               Service by DEA Analyst, Office of Chief
                                               results of its reviews, the deadline for                in a program pursuant to section 1320a–               Counsel. Also, on February 21, 2016, a
                                               comments (which may not contain new                     7(a) of Title 42. GX 2 (Order to Show                 Diversion Investigator (DI) with the
                                               factual information) on Commerce’s                      Cause), at 1.                                         Houston Division Office emailed the
                                               final results is three business days after                 With respect to the Agency’s                       Show Cause Order to an attorney, who
                                               the issuance of Commerce’s results. If                  jurisdiction, the Show Cause Order                    represented Registrant in the state board
                                               comments contain business proprietary                   alleged that Registrant is registered as a            proceeding, who accepted service on his
                                               information (BPI), they must conform                    practitioner in schedules II through V,               behalf. GX 4. In his email, the attorney
                                               with the requirements of sections 201.6,                under Certificate of Registration No.                 represented that he was ‘‘accepting
                                               207.3, and 207.7 of the Commission’s                    AD9639038, at the registered address of               service upon’’ Registrant. Id. (copy of
                                               rules. The Commission’s rules with                      2305 Southmore, Houston, Texas. Id.                   email between DI and attorney
                                               respect to filing were revised effective                The Order alleged that Registrant’s                   accepting service on Registrant.)
                                               July 25, 2014. See 79 FR 35920 (June 25,                registration expires by its terms on June                On April 6, 2017 the Government
                                               2014), and the revised Commission                       30, 2018. Id.                                         forwarded a Request for Final Agency
                                               Handbook on E-filing, available from the                   As to the substantive grounds for the              Action (RFAA) and an evidentiary
                                               Commission’s Web site at https://                       proceeding, the Show Cause Order                      record to my Office. On review, I found
                                               www.usitc.gov/secretary/documents/                      specifically alleged that ‘‘[o]n October              the Government’s attempts at service
                                               handbook_on_filing_procedures.pdf.                      12, 2016, the Texas Medical Board                     insufficient. As for the Government’s
                                                  In accordance with sections 201.16(c)                issued an Order of Suspension by                      attempt to serve Registrant by mail
                                               and 207.3 of the rules, each document                   Operation of Law, suspending                          addressed to his registered address, I
                                               filed by a party to the reviews must be                 [Registrant’s] Texas Medical License                  found this inadequate because it clearly
                                                                                                       . . . based on [his] felony conviction on             knew that Registrant had been convicted
                                               served on all other parties to the reviews
                                                                                                       March 30, 2016 . . . for health care                  of multiple federal felony offenses more
                                               (as identified by either the public or BPI
                                                                                                       fraud.’’ Id. The Show Cause Order then                than a year earlier and was likely
                                               service list), and a certificate of service
                                                                                                       alleged that Registrant is ‘‘currently                incarcerated in a United States
                                               must be timely filed. The Secretary will
                                                                                                       without authority to practice medicine                Penitentiary. See Robinson v.
                                               not accept a document for filing without
                                                                                                       or handle controlled substances in the                Hanrahan, 409 U.S. 38, 40 (1972)
                                               a certificate of service.
                                                                                                       State of Texas, the [S]tate in which he               (‘‘[T]he State knew that appellant was
                                                  Determination.—The Commission has
                                                                                                       registered with’’ the Agency, thus                    not at the address to which the notice
                                               determined these reviews are
                                                                                                       subjecting his registration to revocation.            was mailed . . . since he was at that
                                               extraordinarily complicated and
                                                                                                       Id. at (citing 21 U.S.C. 824(a)(3); other             very time confined in . . . jail. Under
                                               therefore has determined to exercise its
                                                                                                       citations omitted).                                   these circumstances, it cannot be said
                                               authority to extend the review period by                   The Show Cause Order also alleged                  that the State made any effort to provide
                                               up to 90 days pursuant to 19 U.S.C.                     that on December 30, 2016, the Office of              notice which was ‘reasonably
                                               1675(c)(5)(B).                                          Inspector General, U.S. Department of                 calculated’ to apprise appellant of the
                                                  Authority: These reviews are being                   Health and Human Services (HHS IG),                   pendency of the . . . proceedings.’’); see
                                               conducted under authority of title VII of               issued a letter to Registrant ‘‘excluding             also Jones v. Flowers, 547 U.S. 220, 230
                                               the Tariff Act of 1930; this notice is                  [him] from participation in all Federal               (2006) (citing with approval Robinson
                                               published pursuant to section 207.62 of                 health care programs based on [his]                   and noting that its cases ‘‘require[] the
                                               the Commission’s rules.                                 felony conviction on March 30, 2016, in               government to consider unique
                                                 By order of the Commission.                           the U.S. District Court for the Southern              information about an intended recipient
                                                 Issued: September 29, 2017.                           District of Texas for health care fraud.’’            regardless of whether a statutory scheme
                                               Lisa R. Barton,                                         Id. at 2. The Show Cause Order further                is reasonably calculated to provided
                                               Secretary to the Commission.                            alleged that ‘‘[t]he exclusion was                    notice in the ordinary case’’).
                                                                                                       effective twenty days from the date of                   I also found the Government’s service
                                               [FR Doc. 2017–21429 Filed 10–4–17; 8:45 am]
                                                                                                       the letter and is for a minimum period                on the attorney insufficient. In holding
                                               BILLING CODE 7020–02–P
                                                                                                       of twenty years.’’ Id. The Show Cause                 so, I explained that the CSA states that
                                                                                                       Order then asserted that Registrant’s                 ‘‘[b]efore taking action pursuant to [21
                                                                                                       ‘‘DEA registration is also subject to                 U.S.C. 824(a)] . . . the Attorney General
                                               DEPARTMENT OF JUSTICE                                   revocation based on [his] exclusion from              shall serve upon the . . . registrant an
                                                                                                       participation in a program pursuant to                order to show cause why registration
                                               Drug Enforcement Administration                                                                               should not be . . . revoked[ ] or
                                                                                                       section 1320a–7(a) of Title 42.’’ Id.
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                                               Warren B. Dailey, M.D.; Decision and                    (citing 21 U.S.C. 824(a)(5)).                         suspended.’’ 21 U.S.C. 824(c) (emphasis
                                               Order                                                      The Show Cause Order notified                      added). While I explained that the
                                                                                                       Registrant of his right to request a                  Agency has found that service on an
                                                 On February 7, 2017, the Assistant                    hearing on the allegations, or to submit              attorney may satisfy the CSA’s
                                               Administrator, Diversion Control                        a written statement in lieu of a hearing,             requirement that a Show Cause Order be
                                               Division, Drug Enforcement                              the procedure for electing either option,             ‘‘serve[d] upon the . . . registrant,’’ I
                                               Administration (DEA), issued an Order                   and the consequence for failing to elect              noted that the Agency has made clear


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Document Created: 2017-10-05 00:53:52
Document Modified: 2017-10-05 00:53:52
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.
DatesSeptember 5, 2017.
ContactAmanda Lawrence (202-205-3185), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FR Citation82 FR 46524 

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