83_FR_24594 83 FR 24491 - Steel Propane Cylinders From China, Taiwan, and Thailand; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

83 FR 24491 - Steel Propane Cylinders From China, Taiwan, and Thailand; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24491-24492
FR Document2018-11392

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-607 and 731-TA-1417-1419 (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 steel propane cylinders from China, Taiwan, and Thailand, provided for in statistical reporting numbers 7311.00.0060 and 7311.00.0090 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 China. 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 July 6, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by July 13, 2018.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24491-24492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11392]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-607 and 731-TA-1417-1419 (Preliminary)]


Steel Propane Cylinders From China, Taiwan, and Thailand; 
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-607 and 731-TA-1417-1419 
(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 steel propane cylinders 
from China, Taiwan, and Thailand, provided for in statistical reporting 
numbers 7311.00.0060 and 7311.00.0090 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 China. 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 July 6, 2018. The Commission's views must 
be transmitted to Commerce within five business days thereafter, or by 
July 13, 2018.

DATES: May 22, 2018.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones, (202) 205-3358, 
Lawrence.jones@usitc.gov, 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 May 22, 
2018, by Worthington Industries (Columbus, Ohio) and Manchester Tank & 
Equipment Company (Franklin, Tennessee).
    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A and 
B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping duty and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on Tuesday, June 12, 2018, at the U.S. International Trade 
Commission Building, 500 E Street SW, Washington, DC. Requests to 
appear at the conference should be

[[Page 24492]]

emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or 
before June 8, 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 June 15, 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.

    Issued: May 23, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-11392 Filed 5-25-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                            24491

                                               to leave a message or question with the                 INTERNATIONAL TRADE                                   Commission’s electronic docket (EDIS)
                                               above individuals. You will receive a                   COMMISSION                                            at https://edis.usitc.gov.
                                               reply during normal business hours.                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                       [Investigation Nos. 701–TA–607 and 731–
                                               SUPPLEMENTARY INFORMATION:      The USCG                TA–1417–1419 (Preliminary)]                              Background.—These investigations
                                               has determined that the reservation for                                                                       are being instituted, pursuant to
                                               the Turn Point Light Station is no longer               Steel Propane Cylinders From China,                   sections 703(a) and 733(a) of the Tariff
                                                                                                       Taiwan, and Thailand; Institution of                  Act of 1930 (19 U.S.C. 1671b(a) and
                                               needed. The land was incorporated into
                                                                                                       Anti-Dumping and Countervailing Duty                  1673b(a)), in response to a petition filed
                                               the Monument by Presidential
                                                                                                       Investigations and Scheduling of                      on May 22, 2018, by Worthington
                                               Proclamation No. 8947 of March 25,
                                                                                                       Preliminary Phase Investigations                      Industries (Columbus, Ohio) and
                                               2013, (78 FR 18790 (2013)). In                                                                                Manchester Tank & Equipment
                                               accordance with Presidential                            AGENCY: United States International                   Company (Franklin, Tennessee).
                                               Proclamation No. 8947, the lands shall                  Trade Commission.                                        For further information concerning
                                               remain closed to appropriation under                    ACTION: Notice.                                       the conduct of these investigations and
                                               the general land laws and location and                                                                        rules of general application, consult the
                                               entry under the United States mining                    SUMMARY:    The Commission hereby gives               Commission’s Rules of Practice and
                                               laws, subject to valid existing rights and              notice of the institution of investigations           Procedure, part 201, subparts A and B
                                               the requirements of applicable law.                     and commencement of preliminary                       (19 CFR part 201), and part 207,
                                                                                                       phase antidumping and countervailing                  subparts A and B (19 CFR part 207).
                                               Order                                                   duty investigation Nos. 701–TA–607                       Participation in the investigations and
                                                                                                       and 731–TA–1417–1419 (Preliminary)                    public service list.—Persons (other than
                                                 By virtue of the authority vested in
                                                                                                       pursuant to the Tariff Act of 1930 (‘‘the             petitioners) wishing to participate in the
                                               the Secretary of the Interior by Section
                                                                                                       Act’’) to determine whether there is a                investigations as parties must file an
                                               204 of the Federal Land Policy and
                                                                                                       reasonable indication that an industry                entry of appearance with the Secretary
                                               Management Act of 1976, 43 U.S.C.                       in the United States is materially
                                               1714, it is ordered as follows:                                                                               to the Commission, as provided in
                                                                                                       injured or threatened with material                   sections 201.11 and 207.10 of the
                                                 1. The withdrawal created by                          injury, or the establishment of an                    Commission’s rules, not later than seven
                                               Executive Orders dated July 15, 1875,                   industry in the United States is                      days after publication of this notice in
                                               and June 6, 1891, which reserved public                 materially retarded, by reason of                     the Federal Register. Industrial users
                                               land at Turn Point for lighthouse                       imports of steel propane cylinders from               and (if the merchandise under
                                               purposes, is hereby revoked in-part                     China, Taiwan, and Thailand, provided                 investigation is sold at the retail level)
                                               insofar as it affects the following                     for in statistical reporting numbers                  representative consumer organizations
                                               described land:                                         7311.00.0060 and 7311.00.0090 of the                  have the right to appear as parties in
                                                                                                       Harmonized Tariff Schedule of the                     Commission antidumping duty and
                                               Willamette Meridian
                                                                                                       United States, that are alleged to be sold            countervailing duty investigations. The
                                               T. 37 N, R. 4 W,                                        in the United States at less than fair
                                                 sec. 20, lots 5, 6, and 7.
                                                                                                                                                             Secretary will prepare a public service
                                                                                                       value and alleged to be subsidized by                 list containing the names and addresses
                                                 The area described contains 70.97 acres.              the Government of China. Unless the                   of all persons, or their representatives,
                                                                                                       Department of Commerce (‘‘Commerce’’)                 who are parties to these investigations
                                                  2. Administrative jurisdiction over the              extends the time for initiation, the
                                               land described in Paragraph 1 is hereby                                                                       upon the expiration of the period for
                                                                                                       Commission must reach a preliminary                   filing entries of appearance.
                                               transferred to the BLM to be managed as                 determination in antidumping and
                                               part of the National Monument                                                                                    Limited disclosure of business
                                                                                                       countervailing duty investigations in 45              proprietary information (BPI) under an
                                               established by Presidential                             days, or in this case by July 6, 2018. The            administrative protective order (APO)
                                               Proclamation No. 8946 of March 25,                      Commission’s views must be                            and BPI service list.—Pursuant to
                                               2013 (79 FR 18790). Subject to valid                    transmitted to Commerce within five                   section 207.7(a) of the Commission’s
                                               existing rights, in accordance with                     business days thereafter, or by July 13,              rules, the Secretary will make BPI
                                               Presidential Proclamation No. 8946, the                 2018.                                                 gathered in these investigations
                                               land shall remain closed to all forms of                DATES: May 22, 2018.                                  available to authorized applicants
                                               entry, location, selection, sale, leasing,              FOR FURTHER INFORMATION CONTACT:                      representing interested parties (as
                                               or other disposition under the public                   Lawrence Jones, (202) 205–3358,                       defined in 19 U.S.C. 1677(9)) who are
                                               land laws, including withdrawal from                    Lawrence.jones@usitc.gov, Office of                   parties to the investigations under the
                                               location, entry, and patent under the                   Investigations, U.S. International Trade              APO issued in the investigations,
                                               mining laws, and from disposition                       Commission, 500 E Street SW,                          provided that the application is made
                                               under all laws relating to mineral and                  Washington, DC 20436. Hearing-                        not later than seven days after the
                                               geothermal leasing other than by                        impaired persons can obtain                           publication of this notice in the Federal
                                               exchange that furthers the protective                   information on this matter by contacting              Register. A separate service list will be
                                               purposes of the Proclamation.                           the Commission’s TDD terminal on 202–                 maintained by the Secretary for those
                                                 Dated: February 12, 2018.                             205–1810. Persons with mobility                       parties authorized to receive BPI under
                                               Joseph R. Balash,                                       impairments who will need special                     the APO.
                                                                                                       assistance in gaining access to the                      Conference.—The Commission’s
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                                               Assistant Secretary, Land and Minerals
                                               Management.                                             Commission should contact the Office                  Director of Investigations has scheduled
                                                                                                       of the Secretary at 202–205–2000.                     a conference in connection with these
                                                 Editorial note: This document was                     General information concerning the                    investigations for 9:30 a.m. on Tuesday,
                                               received for publication by the Office of the           Commission may also be obtained by                    June 12, 2018, at the U.S. International
                                               Federal Register on May 23, 2018.                       accessing its internet server (https://               Trade Commission Building, 500 E
                                               [FR Doc. 2018–11453 Filed 5–25–18; 8:45 am]             www.usitc.gov). The public record for                 Street SW, Washington, DC. Requests to
                                               BILLING CODE 4310–33–P                                  this investigation may be viewed on the               appear at the conference should be


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                                               24492                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               emailed to preliminaryconferences@                      personnel will sign appropriate                       Administration, Delivery, Gift, or
                                               usitc.gov (DO NOT FILE ON EDIS) on or                   nondisclosure agreements.                             Prescription of a Controlled Substance
                                               before June 8, 2018. Parties in support                   Authority: These investigations are being           by a Practitioner in violation of 35 Pa.
                                               of the imposition of countervailing and                 conducted under authority of title VII of the         Cons. Stat. § 780–113(a)(14). Id. at 2.
                                               antidumping duties in these                             Tariff Act of 1930; this notice is published          The Order further asserted that ‘‘[t]his is
                                               investigations and parties in opposition                pursuant to section 207.12 of the                     a felony offense.’’ Id.
                                               to the imposition of such duties will                   Commission’s rules.                                      On June 9, 2017, more than 14 months
                                               each be collectively allocated one hour                   By order of the Commission.                         after the Board’s Action, a Diversion
                                               within which to make an oral                              Issued: May 23, 2018.                               Investigator (DI) attempted to serve the
                                               presentation at the conference. A                                                                             Show Cause Order on Registrant by
                                                                                                       Lisa Barton,
                                               nonparty who has testimony that may                                                                           Certified Mail addressed to him at his
                                                                                                       Secretary to the Commission.
                                               aid the Commission’s deliberations may                                                                        registered address in Monroeville,
                                                                                                       [FR Doc. 2018–11392 Filed 5–25–18; 8:45 am]           Pennsylvania. GX 6, at 1 (Declaration of
                                               request permission to present a short
                                               statement at the conference.                            BILLING CODE 7020–02–P                                DI). Also on June 9, the DI mailed a
                                                  Written submissions.—As provided in                                                                        copy of the Show Cause Order address
                                               sections 201.8 and 207.15 of the                                                                              to Registrant at the ‘‘Berks County Jail
                                               Commission’s rules, any person may                      DEPARTMENT OF JUSTICE                                 System, 1287 County Welfare Road,
                                               submit to the Commission on or before                                                                         Leesport, PA 19533,’’ which the DI
                                               June 15, 2018, a written brief containing               Drug Enforcement Administration                       states is his ‘‘last known address.’’ Id.
                                               information and arguments pertinent to                                                                        However, on June 19, 2017, both
                                               the subject matter of the investigations.               Jopindar P. Harika, M.D.; Order                       mailings were returned to DEA, with the
                                               Parties may file written testimony in                      On June 8, 2017, the Assistant                     mailing to his registered address marked
                                               connection with their presentation at                   Administrator, Diversion Control                      as ‘‘moved/left no address unable to
                                               the conference. All written submissions                 Division, Drug Enforcement                            forward’’ and the mailing to the Berks
                                               must conform with the provisions of                     Administration, issued an Order to                    County Jail marked with the notation of
                                               section 201.8 of the Commission’s rules;                Show Cause to Jopindar P. Harika, M.D.                ‘‘person no longer confined here.’’ GX 5,
                                               any submissions that contain BPI must                   (hereinafter, Registrant), of Monroeville,            at 1 (Order, Oct. 17, 2017).
                                               also conform with the requirements of                   Pennsylvania. The Show Cause Order                       On June 21, 2017, the DI re-mailed the
                                               sections 201.6, 207.3, and 207.7 of the                 proposed the revocation of Registrant’s               Show Cause Order to Registrant at both
                                               Commission’s rules. The Commission’s                    DEA Certificate of Registration on two                addresses by First Class Mail. GX 6, at
                                               Handbook on E-Filing, available on the                  grounds: (1) That he does ‘‘not have                  1. According to the DI, the mailing to
                                               Commission’s website at https://                        authority to handle controlled                        the jail ‘‘was returned . . . on June 29,
                                               edis.usitc.gov, elaborates upon the                     substances in the State of Pennsylvania,              2017, with the response ‘person no
                                               Commission’s rules with respect to                      the [S]tate in which [he is] registered               longer confined here.’ No response was
                                               electronic filing.                                      with the’’ Agency, and (2) that he has                obtained from the USPS First Class
                                                  In accordance with sections 201.16(c)                ‘‘been convicted of a felony offense                  letter sent to Respondent’s registered
                                               and 207.3 of the rules, each document                   related to controlled substances.’’ Show              address.’’ Id. at 1–2.
                                               filed by a party to the investigations                  Cause Order, at 1 (citing 21 U.S.C.                      Thereafter, on July 10, 2017, the
                                               must be served on all other parties to                  824(a) (2) & (3)).                                    Government submitted a Request for
                                               the investigations (as identified by                       As to the jurisdictional basis for the             Final Agency Action. Therein, the
                                               either the public or BPI service list), and             proceeding, the Show Cause Order                      Government asserted that it was
                                               a certificate of service must be timely                 alleged that Registrant is the holder of              forwarding the matter to my Office
                                               filed. The Secretary will not accept a                  Certificate of Registration No.                       ‘‘because more than thirty days have
                                               document for filing without a certificate               FH4408248 pursuant to which he is                     passed since the Order to Show Cause
                                               of service.                                             authorized to dispense controlled                     was served on [Registrant] and no
                                                  Certification.—Pursuant to section                   substances in schedules II through V, at              request for hearing has been received by
                                               207.3 of the Commission’s rules, any                    the registered address of 321 Red Oak                 DEA.’’ GX 4, at 1 (Req. for Final Agency
                                               person submitting information to the                    Court, Monroeville, Pennsylvania. Id.                 Action).
                                               Commission in connection with these                     The Order further alleged that this                      On review, I concluded that the
                                               investigations must certify that the                    registration was due to expire on                     Government’s Request for Final Agency
                                               information is accurate and complete to                 October 31, 2017.1 Id.                                Action was premature because it did not
                                               the best of the submitter’s knowledge. In                  As for the substantive grounds for the             wait at least 30 days from the effective
                                               making the certification, the submitter                 proceeding, the Show Cause Order                      date of service before submitting its
                                               will acknowledge that any information                   alleged that on April 8, 2016, the State              request. GX 5, at 2 (Order, Oct. 17,
                                               that it submits to the Commission                       of Pennsylvania suspended Registrant’s                2017). Therein, I first held that the
                                               during these investigations may be                      ‘‘authority to prescribe and administer               Government’s initial efforts to serve
                                               disclosed to and used: (i) By the                       controlled substances’’ and that he is                Registrant by certified mail which, in
                                               Commission, its employees and Offices,                  ‘‘without authority to handle controlled              both instances, were returned to the
                                               and contract personnel (a) for                          substances in Pennsylvania, the [S]tate               Government, were clearly inadequate to
                                               developing or maintaining the records                   in which [he is] registered with the’’                effect service under Jones v. Flowers,
                                               of these or related investigations or                   Agency. Id. The Order further alleged                 547 U.S. 220 (2006). Id.
                                               reviews, or (b) in internal investigations,                                                                      As for the Government’s subsequent
                                                                                                       that ‘‘[o]n September 10, 2015,
daltland on DSKBBV9HB2PROD with NOTICES




                                               audits, reviews, and evaluations relating                                                                     mailing of the Show Cause Order by
                                                                                                       [Registrant] pled and [was] found guilty
                                               to the programs, personnel, and                                                                               regular first class mail to Respondent’s
                                                                                                       in the Court of Common Pleas of Berks
                                               operations of the Commission including                                                                        registered address, I explained that
                                                                                                       County, Pennsylvania to the Unlawful
                                               under 5 U.S.C. Appendix 3; or (ii) by                                                                         while this may have been effective,
                                               U.S. government employees and                             1 Evidence submitted by the Government              given that the previous mailing was
                                               contract personnel, solely for                          establishes that this registration does not expire    returned with the notation ‘‘moved/left
                                               cybersecurity purposes. All contract                    until October 31, 2018. GX 1.                         no address unable to forward,’’ the


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Document Created: 2018-05-26 00:48:13
Document Modified: 2018-05-26 00:48:13
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.
DatesMay 22, 2018.
ContactLawrence Jones, (202) 205-3358, [email protected], 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 24491 

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