83 FR 40552 - Steel Racks From China

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40552-40553
FR Document		2018-17476
Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40552-40553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17476]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-608 and 731-TA-1420 (Preliminary)]


Steel Racks 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 steel racks 
from China 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.^{2 3}
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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)).
    \2\ Steel Racks From the People's Republic of China: Initiation 
of Less-Than-Fair-Value Investigation 83 FR 33195 (July 17, 2018) 
and Certain Steel Racks From the People's Republic of China: 
Initiation of Countervailing Duty Investigation 83 FR 33201 (July 
17, 2018).
    \3\ Commissioner Meredith M. Broadbent not participating.

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[[Page 40553]]

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

    On June 20, 2018, the Coalition for Fair Rack Imports \4\ filed 
petitions with the Commission and Commerce, alleging that an industry 
in the United States is materially injured or threatened with material 
injury by reason of subsidized imports of steel racks from China and 
LTFV imports of steel racks from China. Accordingly, effective June 20, 
2018, the Commission, pursuant to sections 703(a) and 733(a) of the Act 
(19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty 
investigation No. 701-TA-608 and antidumping duty investigation No. 
731-TA-1420 (Preliminary).
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    \4\ Members of the Coalition are Bulldog Rack Company, Weirton, 
West Virginia; Hannibal Industries, Inc., Los Angeles, California; 
Husky Rack and Wire, Denver, North Carolina; Ridg-U-Rak, Inc., North 
East, Pennsylvania; SpaceRAK, A Division of Heartland Steel 
Products, Inc., Marysville, Michigan; Speedrack Products Group, 
Ltd., Sparta, Michigan; Steel King Industries, Inc., Stevens Point, 
Wisconsin; Tri-Boro Shelving & Partition Corp., Farmville, Virginia; 
and UNARCO Material Handling, Inc., Springfield, Tennessee.
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    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 June 26, 2018 (83 FR 29822). The 
conference was held in Washington, DC, on July 11, 2018, 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 
August 6, 2018. The views of the Commission are contained in USITC 
Publication 4811 (August 2018), entitled Steel Racks from China: 
Investigation Nos. 701-TA-608 and 731-TA-1420 (Preliminary).

    By order of the Commission.

    Issued: August 9, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-17476 Filed 8-14-18; 8:45 am]
 BILLING CODE 7020-02-P
40552 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

transmitted to Commerce within five available to authorized applicants Commission in connection with these
business days thereafter, or by October representing interested parties (as investigations must certify that the
1, 2018. defined in 19 U.S.C. 1677(9)) who are information is accurate and complete to
DATES: August 8, 2018. parties to the investigations under the the best of the submitter’s knowledge. In
FOR FURTHER INFORMATION CONTACT: APO issued in the investigations, making the certification, the submitter
Jordan Harriman (202) 205–2610, Office provided that the application is made will acknowledge that any information
of Investigations, U.S. International not later than seven days after the that it submits to the Commission
Trade Commission, 500 E Street SW, publication of this notice in the Federal during these investigations may be
Washington, DC 20436. Hearing- Register. A separate service list will be disclosed to and used: (i) By the
impaired persons can obtain maintained by the Secretary for those Commission, its employees and Offices,
information on this matter by contacting parties authorized to receive BPI under and contract personnel (a) for
the Commission’s TDD terminal on 202– the APO. developing or maintaining the records
Conference.—The Commission’s of these or related investigations or
205–1810. Persons with mobility
Director of Investigations has scheduled reviews, or (b) in internal investigations,
impairments who will need special
a conference in connection with these audits, reviews, and evaluations relating
assistance in gaining access to the
investigations for 9:30 a.m. on to the programs, personnel, and
Commission should contact the Office
Wednesday, August 29, 2018, at the U.S. operations of the Commission including
of the Secretary at 202–205–2000.
International Trade Commission under 5 U.S.C. Appendix 3; or (ii) by
General information concerning the
Building, 500 E Street SW, Washington, U.S. government employees and
Commission may also be obtained by
DC. Requests to appear at the conference contract personnel, solely for
accessing its internet server (https:// should be emailed to
www.usitc.gov). The public record for cybersecurity purposes. All contract
preliminaryconferences@usitc.gov (DO personnel will sign appropriate
this investigation may be viewed on the NOT FILE ON EDIS) on or before
Commission’s electronic docket (EDIS) nondisclosure agreements.
August 27, 2018. Parties in support of
at https://edis.usitc.gov. the imposition of countervailing and Authority: These investigations are being
SUPPLEMENTARY INFORMATION: conducted under authority of title VII of the
antidumping duties in these Tariff Act of 1930; this notice is published
Background.—These investigations investigations and parties in opposition
are being instituted, pursuant to pursuant to section 207.12 of the
to the imposition of such duties will Commission’s rules.
sections 703(a) and 733(a) of the Tariff each be collectively allocated one hour
Act of 1930 (19 U.S.C. 1671b(a) and By order of the Commission.
within which to make an oral
1673b(a)), in response to a petition filed presentation at the conference. A Issued: August 9, 2018.
on August 8, 2018, by Dexstar Wheel, nonparty who has testimony that may Lisa Barton,
Elkhart, Indiana. aid the Commission’s deliberations may Secretary to the Commission.
For further information concerning request permission to present a short [FR Doc. 2018–17471 Filed 8–14–18; 8:45 am]
the conduct of these investigations and statement at the conference. BILLING CODE 7020–02–P
rules of general application, consult the Written submissions.—As provided in
Commission’s Rules of Practice and sections 201.8 and 207.15 of the
Procedure, part 201, subparts A and B Commission’s rules, any person may INTERNATIONAL TRADE
(19 CFR part 201), and part 207, submit to the Commission on or before COMMISSION
subparts A and B (19 CFR part 207). September 4, 2018, a written brief
Participation in the investigations and containing information and arguments [Investigation Nos. 701–TA–608 and 731–
public service list.—Persons (other than pertinent to the subject matter of the TA–1420 (Preliminary)]
petitioners) wishing to participate in the investigations. Parties may file written
investigations as parties must file an Steel Racks From China
testimony in connection with their
entry of appearance with the Secretary presentation at the conference. All Determinations
to the Commission, as provided in written submissions must conform with
sections 201.11 and 207.10 of the On the basis of the record 1 developed
the provisions of section 201.8 of the
Commission’s rules, not later than seven in the subject investigations, the United
Commission’s rules; any submissions
days after publication of this notice in States International Trade Commission
that contain BPI must also conform with
the Federal Register. Industrial users (‘‘Commission’’) determines, pursuant
the requirements of sections 201.6,
and (if the merchandise under to the Tariff Act of 1930 (‘‘the Act’’),
207.3, and 207.7 of the Commission’s
investigation is sold at the retail level) that there is a reasonable indication that
rules. The Commission’s Handbook on
representative consumer organizations an industry in the United States is
E-Filing, available on the Commission’s
have the right to appear as parties in materially injured by reason of imports
website at https://edis.usitc.gov,
Commission antidumping duty and of steel racks from China that are alleged
elaborates upon the Commission’s rules
countervailing duty investigations. The to be sold in the United States at less
with respect to electronic filing.
Secretary will prepare a public service In accordance with sections 201.16(c) than fair value (‘‘LTFV’’) and to be
list containing the names and addresses and 207.3 of the rules, each document subsidized by the government of
of all persons, or their representatives, filed by a party to the investigations China.2 3
who are parties to these investigations must be served on all other parties to
1 The record is defined in sec. 207.2(f) of the
upon the expiration of the period for the investigations (as identified by
Commission’s Rules of Practice and Procedure (19
filing entries of appearance. either the public or BPI service list), and
daltland on DSKBBV9HB2PROD with NOTICES

CFR 207.2(f)).
Limited disclosure of business a certificate of service must be timely 2 Steel Racks From the People’s Republic of
proprietary information (BPI) under an filed. The Secretary will not accept a China: Initiation of Less-Than-Fair-Value
administrative protective order (APO) document for filing without a certificate Investigation 83 FR 33195 (July 17, 2018) and
and BPI service list.—Pursuant to Certain Steel Racks From the People’s Republic of
of service. China: Initiation of Countervailing Duty
section 207.7(a) of the Commission’s Certification.—Pursuant to section Investigation 83 FR 33201 (July 17, 2018).
rules, the Secretary will make BPI 207.3 of the Commission’s rules, any 3 Commissioner Meredith M. Broadbent not

gathered in these investigations person submitting information to the participating.

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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40553

Commencement of Final Phase of the Secretary, U.S. International (xvii) Fox Sports Sun; (xviii) Fox Sports
Investigations Trade Commission, Washington, DC, Tennessee; (xix) Fox Sports West; (xx)
Pursuant to section 207.18 of the and by publishing the notice in the Prime Ticket; (xxi) Fox Sports
Commission’s rules, the Commission Federal Register of June 26, 2018 (83 FR Wisconsin; and (xxii) the YES Network.
also gives notice of the commencement 29822). The conference was held in Copies of the Complaint, proposed
of the final phase of its investigations. Washington, DC, on July 11, 2018, and Final Judgment, and Competitive Impact
The Commission will issue a final phase all persons who requested the Statement are available for inspection
notice of scheduling, which will be opportunity were permitted to appear in on the Antitrust Division’s website at
published in the Federal Register as person or by counsel. http://www.justice.gov/atr and at the
provided in section 207.21 of the The Commission made these Office of the Clerk of the United States
Commission’s rules, upon notice from determinations pursuant to sections District Court for the Southern District
the U.S. Department of Commerce 703(a) and 733(a) of the Act (19 U.S.C. of New York. Copies of these materials
(‘‘Commerce’’) of affirmative 1671b(a) and 1673b(a)). It completed may be obtained from the Antitrust
preliminary determinations in the and filed its determinations in these Division upon request and payment of
investigations under sections 703(b) or investigations on August 6, 2018. The the copying fee set by Department of
733(b) of the Act, or, if the preliminary views of the Commission are contained Justice regulations.
determinations are negative, upon in USITC Publication 4811 (August Public comment is invited within 60
notice of affirmative final 2018), entitled Steel Racks from China: days of the date of this notice. Such
determinations in those investigations Investigation Nos. 701–TA–608 and comments, including the name of the
under sections 705(a) or 735(a) of the 731–TA–1420 (Preliminary). submitter, and responses thereto, will be
Act. Parties that filed entries of By order of the Commission. posted on the Antitrust Division’s
appearance in the preliminary phase of Issued: August 9, 2018.
website, filed with the Court, and, under
the investigations need not enter a certain circumstances, published in the
Lisa Barton,
separate appearance for the final phase Federal Register. Comments should be
Secretary to the Commission. directed to Owen M. Kendler, Chief,
of the investigations. Industrial users, [FR Doc. 2018–17476 Filed 8–14–18; 8:45 am]
and, if the merchandise under Media, Entertainment, and Professional
investigation is sold at the retail level,
BILLING CODE 7020–02–P Services Section, Antitrust Division,
representative consumer organizations Department of Justice, Washington, DC
have the right to appear as parties in 20530, (telephone: 202–305–8376).
Commission antidumping and DEPARTMENT OF JUSTICE
Patricia A. Brink,
countervailing duty investigations. The Antitrust Division Director of Civil Enforcement.
Secretary will prepare a public service
list containing the names and addresses United States District Court for the
United States v. The Walt Disney
of all persons, or their representatives, Southern District of New York
Company, et al.; Proposed Final
who are parties to the investigations. Judgment and Competitive Impact United States of America, Plaintiff, v. The
Statement Walt Disney Company, and Twenty-First
Background Century Fox, Inc., Defendants.
On June 20, 2018, the Coalition for Notice is hereby given pursuant to the Civil Action No.: 1:18-cv-05800 (CM)(KNF)
Fair Rack Imports 4 filed petitions with Antitrust Procedures and Penalties Act,
the Commission and Commerce, 15 U.S.C. § 16(b)–(h), that a proposed COMPLAINT
alleging that an industry in the United Final Judgment, Stipulation, and The United States of America, acting
States is materially injured or Competitive Impact Statement have under the direction of the Attorney
threatened with material injury by been filed with the United States General of the United States, brings this
reason of subsidized imports of steel District Court for the Southern District civil action to enjoin the acquisition by
racks from China and LTFV imports of of New York in United States of The Walt Disney Company (‘‘Disney’’)
steel racks from China. Accordingly, America v. The Walt Disney Company, of certain assets and businesses of
effective June 20, 2018, the Commission, et al., Civil Action No. 1:18–cv–05800. Twenty-First Century Fox, Inc. (‘‘Fox’’)
pursuant to sections 703(a) and 733(a) of On June 27, 2018, the United States and to obtain other equitable relief.
the Act (19 U.S.C. 1671b(a) and filed a Complaint alleging that The Walt
Disney Company’s proposed acquisition I. NATURE OF THE ACTION
1673b(a)), instituted countervailing duty
investigation No. 701–TA–608 and of certain assets from Twenty-First 1. Cable sports programming is one of
antidumping duty investigation No. Century Fox, Inc. would violate Section the most popular forms of entertainment
731–TA–1420 (Preliminary). 7 of the Clayton Act, 15 U.S.C. 18. The in the United States. Disney’s proposed
Notice of the institution of the proposed Final Judgment, filed at the acquisition of Fox’s assets would
Commission’s investigations and of a same time as the Complaint, requires combine two of the country’s most
public conference to be held in The Walt Disney Company to divest valuable cable sports properties—
connection therewith was given by Fox’s interests in the following regional Disney’s ESPN franchise of networks
posting copies of the notice in the Office sports networks: (i) Fox Sports Arizona; and Fox’s portfolio of Regional Sports
(ii) Fox Sports Carolinas; (iii) Fox Sports Networks (‘‘RSNs’’)—and thereby likely
4 Members of the Coalition are Bulldog Rack Detroit; (iv) Fox Sports Florida; (v) Fox substantially lessen competition in the
Company, Weirton, West Virginia; Hannibal Sports Indiana; (vi) Fox Sports Kansas multiple Designated Market Areas
daltland on DSKBBV9HB2PROD with NOTICES

Industries, Inc., Los Angeles, California; Husky
Rack and Wire, Denver, North Carolina; Ridg-U-
City; (vii) Fox Sports Midwest; (viii) Fox (‘‘DMAs’’) throughout the United States
Rak, Inc., North East, Pennsylvania; SpaceRAK, A Sports New Orleans; (ix) Fox Sports in which these two firms compete.
Division of Heartland Steel Products, Inc., North; (x) Fox Sports Ohio; (xi) 2. Pursuant to an Agreement and Plan
Marysville, Michigan; Speedrack Products Group, SportsTime Ohio; (xii) Fox Sports of Merger dated December 13, 2017, as
Ltd., Sparta, Michigan; Steel King Industries, Inc.,
Stevens Point, Wisconsin; Tri-Boro Shelving &
Oklahoma; (xiii) Fox Sports San Diego; amended on June 20, 2018, Disney
Partition Corp., Farmville, Virginia; and UNARCO (xiv) Fox Sports South; (xv) Fox Sports agreed to acquire certain assets and
Material Handling, Inc., Springfield, Tennessee. Southeast; (xvi) Fox Sports Southwest; businesses, including Fox’s ownership

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Document Created: 2018-08-15 01:25:27
Document Modified: 2018-08-15 01:25:27
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 40552