83_FR_10924 83 FR 10875 - Laminated Woven Sacks From Vietnam; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

83 FR 10875 - Laminated Woven Sacks From Vietnam; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range10875-10876
FR Document2018-04973

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-601 and 731-TA-1411 (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 laminated woven sacks from Vietnam, provided for in subheading 6305.33.00 (statistical reporting number 6305.33.0040) 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 Vietnam. Unless the Department of Commerce (``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 by April 23, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 30, 2018.

Federal Register, Volume 83 Issue 49 (Tuesday, March 13, 2018)
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10875-10876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04973]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-601 and 731-TA-1411 (Preliminary)]


Laminated Woven Sacks From Vietnam; Institution of Anti-Dumping 
and Countervailing Duty Investigations and Scheduling of Preliminary 
Phase Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigation Nos. 701-TA-601 and 731-TA-1411 
(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 laminated woven sacks from 
Vietnam, provided for in subheading 6305.33.00 (statistical reporting 
number 6305.33.0040) 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 Vietnam. 
Unless the Department of Commerce (``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 by April 23, 2018. The Commission's views must be transmitted 
to Commerce within five business days thereafter, or by April 30, 2018.

DATES: March 7, 2018.

FOR FURTHER INFORMATION CONTACT: Drew Dushkes (202-205-3229), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for this 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 March 7, 
2018, by the Laminated Woven Sacks Fair Trade Coalition, which is 
comprised of Polytex Fibers Corporation (Houston, Texas) and ProAmpac, 
LLC (Cincinnati, Ohio).
    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.

[[Page 10876]]

    Conference.--The Commission's Director of Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on Wednesday, March 28, 2018, 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] (DO NOT FILE ON EDIS) on or before 
March 26, 2018. 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 April 2, 2018, 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 
website at https://edis.usitc.gov, 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.

    Dated: March 7, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-04973 Filed 3-12-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                           Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices                                            10875

                                             INTERNATIONAL TRADE                                     China and India: Investigation Nos.                   assistance in gaining access to the
                                             COMMISSION                                              701–TA–579–580 (Final).                               Commission should contact the Office
                                                                                                       By order of the Commission.                         of the Secretary at 202–205–2000.
                                             [Investigation Nos. 701–TA–579–580 (Final)]
                                                                                                       Issued: March 7, 2018.
                                                                                                                                                           General information concerning the
                                             Fine Denier Polyester Staple Fiber                                                                            Commission may also be obtained by
                                                                                                     Lisa R. Barton,
                                             From China and India; Determinations                                                                          accessing its internet server (https://
                                                                                                     Secretary to the Commission.                          www.usitc.gov). The public record for
                                                On the basis of the record 1 developed               [FR Doc. 2018–04972 Filed 3–12–18; 8:45 am]           this investigation may be viewed on the
                                             in the subject investigations, the United               BILLING CODE 7020–02–P                                Commission’s electronic docket (EDIS)
                                             States International Trade Commission                                                                         at https://edis.usitc.gov.
                                             (‘Commission’’) determines, pursuant to                                                                       SUPPLEMENTARY INFORMATION:
                                             the Tariff Act of 1930 (‘‘the Act’’), that              INTERNATIONAL TRADE                                      Background.—These investigations
                                             an industry in the United States is                     COMMISSION                                            are being instituted, pursuant to
                                             materially injured by reason of imports                 [Investigation Nos. 701–TA–601 and 731–               sections 703(a) and 733(a) of the Tariff
                                             of fine denier polyester staple fiber                   TA–1411 (Preliminary)]                                Act of 1930 (19 U.S.C. 1671b(a) and
                                             (‘‘fine denier PSF’’) from China and                                                                          1673b(a)), in response to a petition filed
                                             India, provided for in subheading                       Laminated Woven Sacks From                            on March 7, 2018, by the Laminated
                                             5503.20.00 of the Harmonized Tariff                     Vietnam; Institution of Anti-Dumping                  Woven Sacks Fair Trade Coalition,
                                             Schedule of the United States, that have                and Countervailing Duty Investigations                which is comprised of Polytex Fibers
                                             been found by the U.S. Department of                    and Scheduling of Preliminary Phase                   Corporation (Houston, Texas) and
                                             Commerce (‘‘Commerce’’) to be                           Investigations                                        ProAmpac, LLC (Cincinnati, Ohio).
                                             subsidized by the governments of China                  AGENCY: United States International                      For further information concerning
                                             and India.                                              Trade Commission.                                     the conduct of these investigations and
                                                                                                                                                           rules of general application, consult the
                                             Background                                              ACTION: Notice.
                                                                                                                                                           Commission’s Rules of Practice and
                                                The Commission, pursuant to section                  SUMMARY:    The Commission hereby gives               Procedure, part 201, subparts A and B
                                             705(b) of the Act (19 U.S.C. 1671d(b)),                 notice of the institution of investigations           (19 CFR part 201), and part 207,
                                             instituted these investigations effective               and commencement of preliminary                       subparts A and B (19 CFR part 207).
                                             May 31, 2017, following receipt of a                    phase antidumping and countervailing                     Participation in the investigations and
                                             petition filed with the Commission and                  duty investigation Nos. 701–TA–601                    public service list.—Persons (other than
                                             Commerce by DAK Americas LLC,                           and 731–TA–1411 (Preliminary)                         petitioners) wishing to participate in the
                                             Charlotte, NC; Nan Ya Plastics                          pursuant to the Tariff Act of 1930 (‘‘the             investigations as parties must file an
                                             Corporation, America, Lake City, SC;                    Act’’) to determine whether there is a                entry of appearance with the Secretary
                                             and Auriga Polymers Inc., Charlotte,                    reasonable indication that an industry                to the Commission, as provided in
                                             NC. The final phase of the investigations               in the United States is materially                    sections 201.11 and 207.10 of the
                                             was scheduled by the Commission                         injured or threatened with material                   Commission’s rules, not later than seven
                                             following notification of preliminary                   injury, or the establishment of an                    days after publication of this notice in
                                             determinations by Commerce that                         industry in the United States is                      the Federal Register. Industrial users
                                             imports of fine denier PSF from China                   materially retarded, by reason of                     and (if the merchandise under
                                             and India were being subsidized within                  imports of laminated woven sacks from                 investigation is sold at the retail level)
                                             the meaning of section 703(b) of the Act                Vietnam, provided for in subheading                   representative consumer organizations
                                             (19 U.S.C. 1671b(b)). Notice of the                     6305.33.00 (statistical reporting number              have the right to appear as parties in
                                             scheduling of the final phase of the                                                                          Commission antidumping duty and
                                                                                                     6305.33.0040) of the Harmonized Tariff
                                             Commission’s investigations and of a                                                                          countervailing duty investigations. The
                                                                                                     Schedule of the United States, that are
                                             public hearing to be held in connection                                                                       Secretary will prepare a public service
                                                                                                     alleged to be sold in the United States
                                             therewith was given by posting copies                                                                         list containing the names and addresses
                                                                                                     at less than fair value and alleged to be
                                             of the notice in the Office of the                                                                            of all persons, or their representatives,
                                                                                                     subsidized by the Government of
                                             Secretary, U.S. International Trade                                                                           who are parties to these investigations
                                                                                                     Vietnam. Unless the Department of
                                             Commission, Washington, DC, and by                                                                            upon the expiration of the period for
                                                                                                     Commerce (‘‘Commerce’’) extends the
                                             publishing the notice in the Federal                                                                          filing entries of appearance.
                                                                                                     time for initiation, the Commission                      Limited disclosure of business
                                             Register of November 27, 2017 (82 FR                    must reach a preliminary determination
                                             56050). The hearing was held in                                                                               proprietary information (BPI) under an
                                                                                                     in antidumping and countervailing duty                administrative protective order (APO)
                                             Washington, DC, on January 17, 2018,                    investigations in 45 days, or in this case
                                             and all persons who requested the                                                                             and BPI service list.—Pursuant to
                                                                                                     by April 23, 2018. The Commission’s                   section 207.7(a) of the Commission’s
                                             opportunity were permitted to appear in                 views must be transmitted to Commerce
                                             person or by counsel.                                                                                         rules, the Secretary will make BPI
                                                                                                     within five business days thereafter, or              gathered in these investigations
                                                The Commission made these                            by April 30, 2018.
                                             determinations pursuant to section                                                                            available to authorized applicants
                                                                                                     DATES: March 7, 2018.                                 representing interested parties (as
                                             705(b) of the Act (19 U.S.C. 1671d(b)).
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      defined in 19 U.S.C. 1677(9)) who are
                                             It completed and filed its
                                             determinations in these investigations                  Drew Dushkes (202–205–3229), Office                   parties to the investigations under the
                                             on March 7, 2018. The views of the                      of Investigations, U.S. International                 APO issued in the investigations,
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                                             Commission are contained in USITC                       Trade Commission, 500 E Street SW,                    provided that the application is made
                                             Publication 4765 (March 2018), entitled                 Washington, DC 20436. Hearing-                        not later than seven days after the
                                             Fine Denier Polyester Staple Fiber from                 impaired persons can obtain                           publication of this notice in the Federal
                                                                                                     information on this matter by contacting              Register. A separate service list will be
                                               1 The record is defined in sec. 207.2(f) of the       the Commission’s TDD terminal on 202–                 maintained by the Secretary for those
                                             Commission’s Rules of Practice and Procedure (19        205–1810. Persons with mobility                       parties authorized to receive BPI under
                                             CFR 207.2(f)).                                          impairments who will need special                     the APO.


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                                             10876                         Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices

                                                Conference.—The Commission’s                         of these or related investigations or                 contained seven categories of violations.
                                             Director of Investigations has scheduled                reviews, or (b) in internal investigations,           First, it alleged that ‘‘Zion dispensed
                                             a conference in connection with these                   audits, reviews, and evaluations relating             controlled substances where it knew, or
                                             investigations for 9:30 a.m. on                         to the programs, personnel, and                       should have known, that the
                                             Wednesday, March 28, 2018, at the U.S.                  operations of the Commission including                prescriptions were not issued in the
                                             International Trade Commission                          under 5 U.S.C. Appendix 3; or (ii) by                 usual course of professional practice or
                                             Building, 500 E Street SW, Washington,                  U.S. government employees and                         for a legitimate medical purpose and
                                             DC. Requests to appear at the conference                contract personnel, solely for                        therefore failed to exercise its
                                             should be emailed to                                    cybersecurity purposes. All contract                  corresponding responsibility regarding
                                             preliminaryconferences@usitc.gov (DO                    personnel will sign appropriate                       the proper prescribing and dispensing of
                                             NOT FILE ON EDIS) on or before March                    nondisclosure agreements.                             controlled substances.’’ Id. (citing 21
                                             26, 2018. Parties in support of the                        Authority: These investigations are                CFR 1306.04(a)). The Show Cause Order
                                             imposition of countervailing and                        being conducted under authority of title              stated that Respondent’s failure to
                                             antidumping duties in these                             VII of the Tariff Act of 1930; this notice            exercise its corresponding responsibility
                                             investigations and parties in opposition                is published pursuant to section 207.12               was evidenced by its ‘‘dispensing of
                                             to the imposition of such duties will                   of the Commission’s rules.                            controlled substances despite the
                                             each be collectively allocated one hour                   By order of the Commission.                         presence of red flags of diversion that
                                             within which to make an oral                                                                                  Zion failed to clear prior to dispensing
                                                                                                       Dated: March 7, 2018.
                                             presentation at the conference. A                                                                             the drugs.’’ Id. at 1–2. The Show Cause
                                                                                                     Lisa R. Barton,                                       Order listed seven red flags of diversion
                                             nonparty who has testimony that may
                                             aid the Commission’s deliberations may                  Secretary to the Commission.                          that Respondent allegedly did not
                                             request permission to present a short                   [FR Doc. 2018–04973 Filed 3–12–18; 8:45 am]           resolve prior to filling prescriptions.
                                             statement at the conference.                            BILLING CODE 7020–02–P                                Id. at 2–7. It cited Holiday CVS, L.L.C.,
                                                Written submissions.—As provided in                                                                        d/b/a CVS/Pharmacy Nos. 219 and
                                             sections 201.8 and 207.15 of the                                                                              5195, 77 FR 62,316 (2012) (hereinafter,
                                             Commission’s rules, any person may                      DEPARTMENT OF JUSTICE                                 Holiday CVS) as support for these
                                             submit to the Commission on or before                                                                         allegations.
                                             April 2, 2018, a written brief containing               Drug Enforcement Administration                          The Show Cause Order listed 13
                                             information and arguments pertinent to                  [Docket No. 15–17]                                    prescriptions, for customers who
                                             the subject matter of the investigations.                                                                     allegedly traveled long round-trip
                                             Parties may file written testimony in                   Pharmacy Doctors Enterprises d/b/a                    distances of approximately 166 to 661
                                             connection with their presentation at                   Zion Clinic Pharmacy; Decision and                    miles from home to physician to
                                             the conference. All written submissions                 Order                                                 Respondent and back home, and alleged
                                             must conform with the provisions of                                                                           that Respondent filled them without
                                             section 201.8 of the Commission’s rules;                   On February 23, 2015, the former                   having resolved the long distance red
                                             any submissions that contain BPI must                   Deputy Assistant Administrator of the                 flags of diversion. ALJX 1, at 2–3. Each
                                             also conform with the requirements of                   then-Office of Diversion Control, Drug                of the 13 prescription examples was for
                                             sections 201.6, 207.3, and 207.7 of the                 Enforcement Administration                            a controlled substance written some
                                             Commission’s rules. The Commission’s                    (hereinafter, DEA or Government)                      time during the period of February 2012
                                             Handbook on E-Filing, available on the                  issued an Order to Show Cause to                      through January 2013. Id.; see also
                                             Commission’s website at https://                        Pharmacy Doctors Enterprises d/b/a                    Government Exhibit (hereinafter, GX) 8/
                                             edis.usitc.gov, elaborates upon the                     Zion Clinic Pharmacy (hereinafter,                    8a.
                                             Commission’s rules with respect to                      Respondent). ALJX 1. The Show Cause                      The Show Cause Order cited five
                                             electronic filing.                                      Order proposed the revocation of                      prescriptions written by the same doctor
                                                In accordance with sections 201.16(c)                Respondent’s registration pursuant to 21              on June 27, 2012 for five different
                                             and 207.3 of the rules, each document                   U.S.C. 824(a)(4) and 823(f) on the                    customers for ‘‘1 ML Testosterone
                                             filed by a party to the investigations                  ground that Respondent’s registration is              Cypionate 210mg/mL IM,’’ a controlled
                                             must be served on all other parties to                  inconsistent with the public interest.                substance, that Respondent allegedly
                                             the investigations (as identified by                    ALJX 1, at 1. For the same reason, the                filled without first having resolved the
                                             either the public or BPI service list), and             Show Cause Order also proposed the                    red flags of diversion. ALJX 1, at 3–4;
                                             a certificate of service must be timely                 denial of any pending application by                  see also GX 10.
                                             filed. The Secretary will not accept a                  Respondent for renewal or modification                   The Show Cause Order referenced
                                             document for filing without a certificate               of its registration, and the denial of any            two prescriptions for Dilaudid 8 mg., a
                                             of service.                                             application by Respondent for any other               controlled substance, written by the
                                                Certification.—Pursuant to section                   DEA registration. Id. (citing 21 U.S.C.               same doctor on June 22, 2012 for two
                                             207.3 of the Commission’s rules, any                    823(f)).                                              individuals with the same last name and
                                             person submitting information to the                       As the jurisdictional basis for the                the exact same street address that
                                             Commission in connection with these                     proceeding, the Show Cause Order                      Respondent allegedly filled without first
                                             investigations must certify that the                    alleged that Respondent’s DEA                         having resolved the red flags of
                                             information is accurate and complete to                 Certification of Registration No.                     diversion. ALJX 1, at 4; see also GX 11.
                                             the best of the submitter’s knowledge. In               FP1049546 authorized it to dispense                   The Show Cause Order alleged that
                                             making the certification, the submitter                 controlled substances in schedules II                 Respondent filled the two prescriptions
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                                             will acknowledge that any information                   through V as a retail pharmacy at the                 on July 13, 2012 at 2:35 p.m. and 2:39
                                             that it submits to the Commission                       registered location of 205 E. Hallandale              p.m., respectively. ALJX 1, at 4.
                                             during these investigations may be                      Beach Blvd., Hallandale Beach, Florida                   The Order to Show Cause alleged that
                                             disclosed to and used: (i) By the                       33009. Id. Respondent’s registration was              Respondent filled two prescriptions for
                                             Commission, its employees and Offices,                  to expire on March 31, 2017. Id.                      the same customer on the same day for
                                             and contract personnel (a) for                             As the substantive grounds for the                 the same immediate release controlled
                                             developing or maintaining the records                   proceeding, the Show Cause Order                      substance, but for different strengths,


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Document Created: 2018-03-13 01:56:41
Document Modified: 2018-03-13 01:56:41
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.
DatesMarch 7, 2018.
ContactDrew Dushkes (202-205-3229), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation83 FR 10875 

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