83 FR 3024 - Common Alloy Aluminum Sheet From China

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range		3024-3024
FR Document		2018-01034

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018)

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Page 3024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01034]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-591 and 731-TA-1399 (Preliminary)]


Common Alloy Aluminum Sheet From China

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of common 
alloy aluminum sheet from China, provided for in subheadings 
7606.11.30, 7606.11.60, 7606.12.30, 7606.12.60, 7606.91.30, 7606.91.60, 
7606.92.30, and 7606.92.60 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be sold in the United States at less 
than fair value (``LTFV'') and to be subsidized by the government of 
China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the U.S. 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations under sections 703(b) or 733(b) of 
the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) or 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
Industrial users, and, if the merchandise under investigation is sold 
at the retail level, representative consumer organizations have the 
right to appear as parties in Commission antidumping and countervailing 
duty investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    These investigations were 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 notification of investigations self-initiated by the 
U.S. Department of Commerce deemed by the Commission as having been 
filed on December 1, 2017.
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of December 8, 2017 (82 FR 58025). The 
conference was held in Washington, DC, on December 21, 2017, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It 
completed and filed its determinations in these investigations on 
January 16, 2018. The views of the Commission are contained in USITC 
Publication 4757 (January 2018), entitled Common Alloy Aluminum Sheet 
from China: Investigation Nos. 701-TA-591 and 731-TA-1399 
(Preliminary).

    By order of the Commission.

    Issued: January 17, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01034 Filed 1-19-18; 8:45 am]
 BILLING CODE 7020-02-P

3024 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices

complaint filed on behalf of Netlist, Inc. The authority for the Commission’s appearance in the preliminary phase of
of Irvine, California. 81 FR 69853–54. determination is contained in section the investigations need not enter a
The complaint, as supplemented, 337 of the Tariff Act of 1930, as separate appearance for the final phase
alleged violations of section 337 of the amended, 19 U.S.C. 1337, and in part of the investigations. Industrial users,
Tariff Act of 1930, as amended, 19 210 of the Commission’s Rules of and, if the merchandise under
U.S.C. 1337, by reason of infringement Practice and Procedure, 19 CFR part investigation is sold at the retail level,
of certain claims of the following U.S. 210. representative consumer organizations
Patent Nos.: 8,756,364 (‘‘the ’364 By order of the Commission. have the right to appear as parties in
patent’’); 8,689,064; 8,516,185; Commission antidumping and
Issued: January 16, 2018.
8,001,434 (‘‘the ’434 patent’’); 8,359,501
Lisa R. Barton, countervailing duty investigations. The
(‘‘the ’501 patent’’); and 8,489,837. The
Secretary to the Commission. Secretary will prepare a public service
Commission’s notice of investigation
named SK Hynix Inc. of Gyeoonggi-do, [FR Doc. 2018–00983 Filed 1–19–18; 8:45 am] list containing the names and addresses
Republic of Korea; and SK Hynix BILLING CODE 7020–02–P
of all persons, or their representatives,
America Inc. and SK Hynix Memory who are parties to the investigations.
Solutions Inc., both of San Jose, Background
California, as respondents. The Office of INTERNATIONAL TRADE
Unfair Import Investigations (‘‘OUII’’) is COMMISSION These investigations were instituted,
also a party to the investigation. Id. [Investigation Nos. 701–TA–591 and 731– pursuant to sections 703(a) and 733(a) of
On May 31, 2017, the Commission TA–1399 (Preliminary)] the Tariff Act of 1930 (19 U.S.C.
issued notice of its determination not to 1671b(a) and 1673b(a)), in response to a
review the ALJ’s ID (Order No. 21) Common Alloy Aluminum Sheet From notification of investigations self-
terminating the investigation as to the China initiated by the U.S. Department of
’364 patent based on partial withdrawal Commerce deemed by the Commission
of the complaint. Determinations
as having been filed on December 1,
On November 14, 2017, the ALJ On the basis of the record 1 developed 2017.
issued his final ID and recommended in the subject investigations, the United
determination (RD) on remedy and States International Trade Commission Notice of the institution of the
bonding in one document. The ID finds, (‘‘Commission’’) determines, pursuant Commission’s investigations and of a
inter alia, that none of respondents’ to the Tariff Act of 1930 (‘‘the Act’’), public conference to be held in
accused products infringe any of the that there is a reasonable indication that connection therewith was given by
remaining asserted patents. The ID also an industry in the United States is posting copies of the notice in the Office
finds that claims 1–3 and 5–7 of the ’434 materially injured by reason of imports of the Secretary, U.S. International
patent and claim 1 of the ’501 patent are of common alloy aluminum sheet from Trade Commission, Washington, DC,
not invalid as anticipated in view of China, provided for in subheadings and by publishing the notice in the
U.S. Patent Publication No. 2005/ 7606.11.30, 7606.11.60, 7606.12.30, Federal Register of December 8, 2017
0257109 A1 (‘‘Averbuj’’). 7606.12.60, 7606.91.30, 7606.91.60, (82 FR 58025). The conference was held
On November 27, 2017, complainant 7606.92.30, and 7606.92.60 of the in Washington, DC, on December 21,
and respondents petitioned for review Harmonized Tariff Schedule of the 2017, and all persons who requested the
of the final ID. On December 5, 2017, United States, that are alleged to be sold
complainant, respondents, and OUII opportunity were permitted to appear in
in the United States at less than fair person or by counsel.
each filed a response in opposition to value (‘‘LTFV’’) and to be subsidized by
the opposing petition for review. On the government of China. The Commission made these
December 5, 2017, the Chairman granted determinations pursuant to sections
respondents’ motion for leave to refile Commencement of Final Phase 703(a) and 733(a) of the Act (19 U.S.C.
its petition for review out of time. Investigations 1671b(a) and 1673b(a)). It completed
Having examined the record of this Pursuant to section 207.18 of the and filed its determinations in these
investigation, including the ID, the Commission’s rules, the Commission investigations on January 16, 2018. The
parties’ petitions for review, and the also gives notice of the commencement views of the Commission are contained
responses thereto, the Commission has of the final phase of its investigations. in USITC Publication 4757 (January
determined to review-in-part the final The Commission will issue a final phase 2018), entitled Common Alloy
ID. Specifically, the Commission has notice of scheduling, which will be Aluminum Sheet from China:
determined to review the ID’s finding published in the Federal Register as Investigation Nos. 701–TA–591 and
that claims 1–3 and 5–7 of the ’434 provided in section 207.21 of the 731–TA–1399 (Preliminary).
patent and claim 1 of the ’501 patent are Commission’s rules, upon notice from
not anticipated by Averbuj. The By order of the Commission.
the U.S. Department of Commerce
Commission has determined not to (‘‘Commerce’’) of affirmative Issued: January 17, 2018.
review the remainder of the final ID. preliminary determinations in the Lisa R. Barton,
On review, the Commission investigations under sections 703(b) or Secretary to the Commission.
determines to take no position on the 733(b) of the Act, or, if the preliminary [FR Doc. 2018–01034 Filed 1–19–18; 8:45 am]
ID’s finding that claims 1–3 and 5–7 of determinations are negative, upon
the ’434 patent and claim 1 of the ’501 BILLING CODE 7020–02–P
ethrower on DSK3G9T082PROD with NOTICES

notice of affirmative final
patent are not invalid as anticipated in determinations in those investigations
view of Averbuj. See Beloit Corp. v. under sections 705(a) or 735(a) of the
Valmet Oy, 742 F.2d 1421 (Fed. Cir. Act. Parties that filed entries of
1984). The Commission therefore
affirms the ID’s finding of no violation 1 The record is defined in sec. 207.2(f) of the
of section 337 and terminates the Commission’s Rules of Practice and Procedure (19
investigation. CFR 207.2(f)).

VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00067 Fmt 4703 Sfmt 9990 E:\FR\FM\22JAN1.SGM 22JAN1

Document Created: 2018-01-23 21:35:48
Document Modified: 2018-01-23 21:35:48

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 3024