82 FR 49850 - 100- to 150-Seat Large Civil Aircraft From Canada; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 207 (October 27, 2017)

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-578 and 731-TA-1368 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 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 100- to 150-seat large civil aircraft from Canada, provided for in subheading 8802.40.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be subsidized and sold at less-than-fair- value.

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49850-49851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23430]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-578 and 731-TA-1368 (Final)]


100- to 150-Seat Large Civil Aircraft From Canada; Scheduling of 
the Final Phase of Countervailing Duty and Antidumping Duty 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-578 and 731-TA-1368 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether 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 100- to 150-seat large civil aircraft 
from Canada, provided for in subheading 8802.40.00 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce to be subsidized and sold at less-than-fair-
value.

DATES: October 13, 2017.

FOR FURTHER INFORMATION CONTACT: Carolyn Carlson (202-205-3002) and 
Andrew 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 these investigations may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``aircraft, regardless 
of seating configuration, that have a standard 100- to 150-seat two-
class seating capacity and a minimum 2,900 nautical mile range, as 
these terms are defined below. `Standard 100- to 150-seat two-class 
seating capacity' refers to the capacity to accommodate 100 to 150 
passengers, when eight passenger seats are configured for a 36-inch 
pitch, and the remaining passenger seats are configured for a 32-inch 
pitch. `Pitch' is the distance between a point on one seat and the same 
point on the seat in front of it. `Standard 100- to 150-seat two-class 
seating capacity' does not delineate the number of seats actually in a 
subject aircraft or the actual seating configuration of a subject 
aircraft. Thus, the number of seats actually in a subject aircraft may 
be below 100 or exceed 150. A `minimum 2,900 nautical mile range' 
means: (i) Able to transport between 100 and 150 passengers and their 
luggage on routes equal to or longer than 2,900 nautical miles; or (ii) 
covered by a U.S. Federal Aviation Administration (FAA) type 
certificate or supplemental type certificate that also covers other 
aircraft with a minimum 2,900 nautical mile range. The scope includes 
all aircraft covered by the description above, regardless of whether 
they enter the United States fully or partially assembled, and 
regardless of whether, at the time of entry into the United States, 
they are approved for use by the FAA. The merchandise covered by this 
investigation is currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 8802.40.0040. The 
merchandise may alternatively be classifiable under HTSUS subheading 
8802.40.0090. Although these HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the investigation is dispositive.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in Canada of 100- to 150-seat large civil 
aircraft, and that such products are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in petitions filed on 
April 27, 2017, by The Boeing Company, Chicago, Illinois.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, 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 C (19 
CFR part 207).
    Participation in the investigations 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 the final phase of these 
investigations 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, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    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 the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations 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 final phase of 
these investigations will be placed in the nonpublic record on December 
6, 2017, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final

[[Page 49851]]

phase of these investigations beginning at 9:30 a.m. on Monday, 
December 18, 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 December 13, 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 December 15, 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), and 207.24 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 who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is December 12, 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 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is December 27, 2017. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before December 27, 2017. On January 19, 2018, 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 January 23, 2018, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 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 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 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.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: October 24, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23430 Filed 10-26-17; 8:45 am]
 BILLING CODE 7020-02-P