83 FR 48864 - Aluminum Wire and Cable From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 188 (September 27, 2018)
Federal Register Volume 83, Issue 188 (September 27, 2018)
| Page Range | 48864-48865 | |
| FR Document | 2018-20990 |
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)] [Notices] [Pages 48864-48865] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20990] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-611 and 731-TA-1428 (Preliminary)] Aluminum Wire and Cable From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-611 and 731-TA-1428 (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 aluminum wire and cable from China, provided for in subheading 8544.49.90 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 November 5, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 13, 2018. DATES: September 21, 2018. FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: 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 petitions filed on September 21, 2018, by Encore Wire Corporation, McKinney, Texas, and Southwire Company, LLC, Carrollton, Georgia. 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 Friday, October 12, 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 October 10, 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 October 17, 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 [[Page 48865]] 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: September 21, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-20990 Filed 9-26-18; 8:45 am] BILLING CODE 7020-02-P
![48864 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices
Issued: September 24, 2018. General information concerning the investigations for 9:30 a.m. on Friday,
Lisa Barton, Commission may also be obtained by October 12, 2018, at the U.S.
Secretary to the Commission. accessing its internet server (https:// International Trade Commission
[FR Doc. 2018–21050 Filed 9–26–18; 8:45 am] www.usitc.gov). The public record for Building, 500 E Street SW, Washington,
BILLING CODE 7020–02–P
these investigations may be viewed on DC. Requests to appear at the conference
the Commission’s electronic docket should be emailed to
(EDIS) at https://edis.usitc.gov. preliminaryconferences@usitc.gov (DO
INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION: NOT FILE ON EDIS) on or before
COMMISSION Background.—These investigations October 10, 2018. Parties in support of
are being instituted, pursuant to the imposition of countervailing and
[Investigation Nos. 701–TA–611 and 731– antidumping duties in these
TA–1428 (Preliminary)] sections 703(a) and 733(a) of the Tariff
Act of 1930 (19 U.S.C. 1671b(a) and investigations and parties in opposition
Aluminum Wire and Cable From China; 1673b(a)), in response to petitions filed to the imposition of such duties will
Institution of Anti-Dumping and on September 21, 2018, by Encore Wire each be collectively allocated one hour
Countervailing Duty Investigations and Corporation, McKinney, Texas, and within which to make an oral
Scheduling of Preliminary Phase Southwire Company, LLC, Carrollton, presentation at the conference. A
Investigations Georgia. nonparty who has testimony that may
For further information concerning aid the Commission’s deliberations may
AGENCY: United States International the conduct of these investigations and request permission to present a short
Trade Commission. rules of general application, consult the statement at the conference.
ACTION: Notice. 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
SUMMARY: The Commission hereby gives Commission’s rules, any person may
(19 CFR part 201), and part 207,
notice of the institution of investigations submit to the Commission on or before
subparts A and B (19 CFR part 207).
and commencement of preliminary October 17, 2018, a written brief
Participation in the investigations and
phase antidumping and countervailing containing information and arguments
public service list.—Persons (other than
duty investigation Nos. 701–TA–611 pertinent to the subject matter of the
petitioners) wishing to participate in the
and 731–TA–1428 (Preliminary) investigations. Parties may file written
investigations as parties must file an testimony in connection with their
pursuant to the Tariff Act of 1930 (‘‘the entry of appearance with the Secretary
Act’’) to determine whether there is a presentation at the conference. All
to the Commission, as provided in written submissions must conform with
reasonable indication that an industry sections 201.11 and 207.10 of the
in the United States is materially the provisions of section 201.8 of the
Commission’s rules, not later than seven Commission’s rules; any submissions
injured or threatened with material days after publication of this notice in
injury, or the establishment of an that contain BPI must also conform with
the Federal Register. Industrial users the requirements of sections 201.6,
industry in the United States is and (if the merchandise under
materially retarded, by reason of 207.3, and 207.7 of the Commission’s
investigation is sold at the retail level) rules. The Commission’s Handbook on
imports of aluminum wire and cable representative consumer organizations
from China, provided for in subheading E-Filing, available on the Commission’s
have the right to appear as parties in website at https://edis.usitc.gov,
8544.49.90 of the Harmonized Tariff Commission antidumping duty and
Schedule of the United States, that are elaborates upon the Commission’s rules
countervailing duty investigations. The with respect to electronic filing.
alleged to be sold in the United States Secretary will prepare a public service
at less than fair value and alleged to be In accordance with sections 201.16(c)
list containing the names and addresses and 207.3 of the rules, each document
subsidized by the Government of China. of all persons, or their representatives,
Unless the Department of Commerce filed by a party to the investigations
who are parties to these investigations must be served on all other parties to
(‘‘Commerce’’) extends the time for upon the expiration of the period for
initiation, the Commission must reach a the investigations (as identified by
filing entries of appearance. either the public or BPI service list), and
preliminary determination in Limited disclosure of business
antidumping and countervailing duty a certificate of service must be timely
proprietary information (BPI) under an filed. The Secretary will not accept a
investigations in 45 days, or in this case administrative protective order (APO)
by November 5, 2018. The document for filing without a certificate
and BPI service list.—Pursuant to of service.
Commission’s views must be section 207.7(a) of the Commission’s Certification.—Pursuant to section
transmitted to Commerce within five rules, the Secretary will make BPI 207.3 of the Commission’s rules, any
business days thereafter, or by gathered in these investigations person submitting information to the
November 13, 2018. available to authorized applicants Commission in connection with these
DATES: September 21, 2018. representing interested parties (as investigations must certify that the
FOR FURTHER INFORMATION CONTACT: defined in 19 U.S.C. 1677(9)) who are information is accurate and complete to
Keysha Martinez (202–205–2136), Office parties to the investigations under the the best of the submitter’s knowledge. In
of Investigations, U.S. International APO issued in the investigations, making the certification, the submitter
Trade Commission, 500 E Street SW, provided that the application is made will acknowledge that any information
Washington, DC 20436. Hearing- not later than seven days after the that it submits to the Commission
impaired persons can obtain publication of this notice in the Federal during these investigations may be
daltland on DSKBBV9HB2PROD with NOTICES
information on this matter by contacting Register. A separate service list will be disclosed to and used: (i) By the
the Commission’s TDD terminal on 202– maintained by the Secretary for those Commission, its employees and Offices,
205–1810. Persons with mobility parties authorized to receive BPI under and contract personnel (a) for
impairments who will need special the APO. developing or maintaining the records
assistance in gaining access to the Conference.—The Commission’s of these or related investigations or
Commission should contact the Office Director of Investigations has scheduled reviews, or (b) in internal investigations,
of the Secretary at 202–205–2000. a conference in connection with these audits, reviews, and evaluations relating
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![Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices 48865
to the programs, personnel, and investigation are or will be available for On July 23, 2018, the ALJ issued the
operations of the Commission including inspection during official business final ID. The ID finds, inter alia, that
under 5 U.S.C. Appendix 3; or (ii) by hours (8:45 a.m. to 5:15 p.m.) in the Ivoclar failed to demonstrate
U.S. government employees and Office of the Secretary, U.S. infringement of the above-referenced
contract personnel, solely for International Trade Commission, 500 E claims of the ’836 patent. The ID finds,
cybersecurity purposes. All contract Street SW, Washington, DC 20436, inter alia, that claims 36 and 38 (‘‘the
personnel will sign appropriate telephone (202) 205–2000. General ’894 flexure strength claims’’) are
nondisclosure agreements. information concerning the Commission invalid as indefinite under 35 U.S.C.
Authority: These investigations are may also be obtained by accessing its 112 ¶ 2. The ID further finds that Ivoclar
being conducted under authority of title internet server at https://www.usitc.gov. failed to demonstrate infringement and
VII of the Tariff Act of 1930; this notice The public record for this investigation failed to meet the technical prong of the
is published pursuant to section 207.12 may be viewed on the Commission’s domestic industry requirement as to the
of the Commission’s rules. electronic docket (EDIS) at https:// remaining claims of the ’894 patent
By order of the Commission. edis.usitc.gov. Hearing-impaired (claims 1, 2, 4, 5, 7, 9, 10, 13, 15–19, and
Issued: September 21, 2018. persons are advised that information on 21) (‘‘the ’894 annealing claims’’). The
this matter can be obtained by ID finds that some, but not all, of the
Lisa Barton,
contacting the Commission TDD ’894 annealing claims are invalid in
Secretary to the Commission.
terminal on (202) 205–1810. view of certain prior art.
[FR Doc. 2018–20990 Filed 9–26–18; 8:45 am] Ivoclar, GC, and the Commission
BILLING CODE 7020–02–P SUPPLEMENTARY INFORMATION: The investigative attorney filed petitions for
Commission instituted this investigation review and replies to the other parties’
on April 25, 2017, based on a complaint, petitions.
INTERNATIONAL TRADE as supplemented, filed by Ivoclar Having reviewed the record of the
COMMISSION Vivadent AG of Schaan, Liechtenstein; investigation, including the final ID, as
[Investigation No. 337–TA–1050] Ivoclar Vivadent, Inc. of Amherst, New well as the parties’ petitions for review
York; and Ardent, Inc. of Amherst, New and responses thereto, the Commission
Certain Dental Ceramics, Products York (collectively ‘‘Ivoclar’’). 82 FR has determined as follows. The
Thereof, and Methods of Making the 19081 (Apr. 25, 2017). The complaint, Commission has determined to review
Same; Commission Decision To as supplemented, alleged violations of the ID’s findings as to the ’894 annealing
Review in Part a Final Initial section 337 of the Tariff Act of 1930, as claims. The Commission has
Determination Finding No Violation of amended (19 U.S.C. 1337), in the determined not to review the ID’s
Section 337; Schedule for Filing importation into the United States, the findings as to the ’894 flexure strength
Written Submissions on the Issues sale for importation, or the sale within claims because the Commission finds
Under Review and on Remedy, the the United States after importation of that the invalidity of claims 36 and 38
Public Interest, and Bonding; certain dental ceramics, products has been shown clearly and
Extension of the Target Date thereof, and methods of making the convincingly. The Commission has
same by reason of the infringement of determined not to review the ID’s
AGENCY: U.S. International Trade findings for the ’836 patent claims.
Commission. certain claims of four United States
patents: U.S. Patent No. 7,452,836 (‘‘the Accordingly, the Commission finds no
ACTION: Notice. violation of section 337 as to the ’836
’836 patent’’); U.S. Patent No. 6,517,623
SUMMARY: Notice is hereby given that (‘‘the ’623 patent’’); U.S. Patent No. patent and as to the ’894 flexure
the U.S. International Trade 6,802,894 (‘‘the ’894 patent’’); and U.S. strength claims. The Commission has
Commission has determined to review Patent No. 6,455,451 (‘‘the ’451 patent’’). determined not to review the remainder
in part the final initial determination The notice of investigation named as of the ID.
In connection with the Commission’s
(‘‘final ID’’) issued by the presiding respondents GC Corporation of Tokyo,
review, the Commission notes that
administrative law judge (‘‘ALJ’’) on Japan; and GC America, Inc. of Alsip,
‘‘[a]ny issue not raised in a petition for
July 23, 2018, finding no violation of Illinois (collectively, ‘‘GC’’). The Office
review will be deemed to have been
section 337 of the Tariff Act of 1930, in of Unfair Import Investigations was also
abandoned by the petitioning party and
the above-captioned investigation. The named as a party.
may be disregarded by the Commission
Commission requests certain briefing The investigation was previously in reviewing the initial determination.’’
from the parties on the issues under terminated as to certain asserted patent 19 CFR 210.43(b)(2).
review, as indicated in this notice. The claims, including all of the asserted The parties are asked to provide
Commission also requests briefing from claims of the ’623 patent and the ’451 additional briefing on the following
the parties, interested persons, and patent, based upon withdrawal of the issues, with reference to the applicable
interested government agencies on the complaint. Order No. 18 (Nov. 21, law and the existing evidentiary record.
issues of remedy, the public interest, 2017), not reviewed, Notice (Dec. 6, For each argument presented, the
and bonding. The Commission has 2017); Order No. 24 (Dec. 19, 2017), not parties’ submissions should set forth
determined to extend the target date for reviewed, Notice (Jan. 18, 2018); Order whether and/or how that argument was
completion of the investigation from No. 51 (Feb. 22, 2018), not reviewed, presented and preserved in the
November 23, 2018 to November 30, Notice (Mar. 23, 2018); Order No. 56 proceedings before the ALJ, in
2018. (Mar. 28, 2018), not reviewed, Notice conformity with the ALJ’s Ground Rules
daltland on DSKBBV9HB2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: (Apr. 27, 2018). Remaining within the (Order No. 2), with citations to the
Sidney A. Rosenzweig, Office of the scope of the investigation, as to record.
General Counsel, U.S. International infringement, domestic industry, or 1. For purposes of invalidity of the
Trade Commission, 500 E Street SW, both, are claims 1, 2, 4, 5, 7, 9, 10, 13, ’894 annealing claims, if the
Washington, DC 20436, telephone (202) 15–19, and 21 of the ’836 patent; and Commission were to find that a person
708–2532. Copies of non-confidential claims 1, 2, 4, 16–21, 34, 36 and 38 of of ordinary skill is entitled to rely upon
documents filed in connection with this the ’894 patent. the patentee’s representation about the
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Document Created: 2018-09-27 01:03:43
Document Modified: 2018-09-27 01:03:43
| 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 | |
| Action | Notice. | |
| Dates | September 21, 2018. | |
| Contact | Keysha Martinez (202-205-2136), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 83 FR 48864 |
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