83 FR 50408 - Fresh Tomatoes From Mexico; Notice of Commission To Schedule and Determination To Conduct a Full Five-Year Review
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 194 (October 5, 2018)
Federal Register Volume 83, Issue 194 (October 5, 2018)
| Page Range | 50408-50409 | |
| FR Document | 2018-21692 |
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)] [Notices] [Pages 50408-50409] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21692] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-747 (Fourth Review)] Fresh Tomatoes From Mexico; Notice of Commission To Schedule and Determination To Conduct a Full Five-Year Review AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the suspension agreement of the antidumping duty order on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission also hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930. The Commission has determined to exercise its authority to extend the review period by up to 90 days. DATES: October 1, 2018. FOR FURTHER INFORMATION CONTACT: Amelia Shister ((202) 205-2047), 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 review may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.--On May 7, 2018, the Commission determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). The Commission found that both the domestic and respondent interested party group responses to its notice of institution (83 FR 4676, February 1, 2018) were adequate. The Commission also found that other circumstances warranted conducting a full review. Accordingly, a full review is being scheduled pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements are available from the Office of the Secretary and at the Commission's website. Participation in the review and public service list.--Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in this review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission's notice of institution of the review need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. For further information concerning the conduct of this review 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, D, E, and F (19 CFR part 207). 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 this review available to authorized applicants under the APO issued in the review, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the review. A party granted access to BPI following publication of the Commission's notice of institution of the review need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.--The prehearing staff report in the review will be placed in the nonpublic record on January 18, 2019, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the review beginning at 9:30 a.m. on Thursday, February 7, 2019, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before January 31, 2019. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on February 6, 2019, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.--Each party to the review may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission's rules; the deadline for filing is January 29, 2019. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission's rules. The deadline for filing posthearing briefs is February 19, 2019. [[Page 50409]] In addition, any person who has not entered an appearance as a party to the review may submit a written statement of information pertinent to the subject of the review on or before February 19, 2019. On March 15, 2019, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before March 19, 2019, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission's rules. 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. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (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. The Commission has determined that these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: October 1, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-21692 Filed 10-4-18; 8:45 am] BILLING CODE 7020-02-P
![50408 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
may be to The Pueblo of Acoma, New impaired persons can obtain administrative protective order (APO)
Mexico. information on this matter by contacting and BPI service list.—Pursuant to
the Commission’s TDD terminal on 202– section 207.7(a) of the Commission’s
Additional Requestors and Disposition
205–1810. Persons with mobility rules, the Secretary will make BPI
Representatives of any Indian Tribe or impairments who will need special gathered in this review available to
Native Hawaiian organization not assistance in gaining access to the authorized applicants under the APO
identified in this notice that wish to Commission should contact the Office issued in the review, provided that the
request transfer of control of these of the Secretary at 202–205–2000. application is made by 45 days after
human remains should submit a written General information concerning the publication of this notice. Authorized
request with information in support of Commission may also be obtained by applicants must represent interested
the request to Dr. Lara Noldner, Office accessing its internet server (https:// parties, as defined by 19 U.S.C. 1677(9),
of the State Archeologist Bioarcheology www.usitc.gov). The public record for who are parties to the review. A party
Program, University of Iowa, 700 South this review may be viewed on the granted access to BPI following
Clinton Street, Iowa City, IA 52242, Commission’s electronic docket (EDIS) publication of the Commission’s notice
telephone (319) 384–0740, email lara- at https://edis.usitc.gov. of institution of the review need not
noldner@uiowa.edu, by November 5, SUPPLEMENTARY INFORMATION: reapply for such access. A separate
2018. After that date, if no additional Background.—On May 7, 2018, the service list will be maintained by the
requestors have come forward, transfer Commission determined that it should Secretary for those parties authorized to
of control of the human remains to The proceed to a full review in the subject receive BPI under the APO.
Tribes may proceed. Staff report.—The prehearing staff
five-year review pursuant to section
The Office of the State Archeologist report in the review will be placed in
751(c) of the Tariff Act of 1930 (19
Bioarcheology Program is responsible the nonpublic record on January 18,
U.S.C. 1675(c)). The Commission found
for notifying The Consulted Tribes that 2019, and a public version will be
that both the domestic and respondent
this notice has been published. issued thereafter, pursuant to section
interested party group responses to its
207.64 of the Commission’s rules.
Dated: September 7, 2018 notice of institution (83 FR 4676, Hearing.—The Commission will hold
Melanie O’Brien, February 1, 2018) were adequate. The a hearing in connection with the review
Manager, National NAGPRA Program. Commission also found that other beginning at 9:30 a.m. on Thursday,
[FR Doc. 2018–21757 Filed 10–4–18; 8:45 am] circumstances warranted conducting a February 7, 2019, at the U.S.
BILLING CODE 4312–52–P
full review. Accordingly, a full review is International Trade Commission
being scheduled pursuant to section Building. Requests to appear at the
751(c)(5) of the Tariff Act of 1930 (19 hearing should be filed in writing with
U.S.C. 1675(c)(5)). A record of the the Secretary to the Commission on or
INTERNATIONAL TRADE Commissioners’ votes, the
COMMISSION before January 31, 2019. A nonparty
Commission’s statement on adequacy, who has testimony that may aid the
[Investigation No. 731–TA–747 (Fourth and any individual Commissioner’s Commission’s deliberations may request
Review)] statements are available from the Office permission to present a short statement
of the Secretary and at the at the hearing. All parties and
Fresh Tomatoes From Mexico; Notice Commission’s website. nonparties desiring to appear at the
of Commission To Schedule and Participation in the review and public hearing and make oral presentations
Determination To Conduct a Full Five- service list.—Persons, including should participate in a prehearing
Year Review industrial users of the subject conference to be held on February 6,
merchandise and, if the merchandise is 2019, at the U.S. International Trade
AGENCY: United States International
sold at the retail level, representative Commission Building, if deemed
Trade Commission.
consumer organizations, wishing to necessary. Oral testimony and written
ACTION: Notice. participate in this review as parties materials to be submitted at the public
SUMMARY: The Commission hereby gives must file an entry of appearance with hearing are governed by sections
notice that it will proceed with a full the Secretary to the Commission, as 201.6(b)(2), 201.13(f), 207.24, and
review pursuant to the Tariff Act of provided in section 201.11 of the 207.66 of the Commission’s rules.
1930 to determine whether revocation of Commission’s rules, by 45 days after Parties must submit any request to
the suspension agreement of the publication of this notice. A party that present a portion of their hearing
antidumping duty order on fresh filed a notice of appearance following testimony in camera no later than 7
tomatoes from Mexico would be likely publication of the Commission’s notice business days prior to the date of the
to lead to continuation or recurrence of of institution of the review need not file hearing.
material injury within a reasonably an additional notice of appearance. The Written submissions.—Each party to
foreseeable time. The Commission also Secretary will maintain a public service the review may submit a prehearing
hereby gives notice of the scheduling of list containing the names and addresses brief to the Commission. Prehearing
a full review pursuant to the Tariff Act of all persons, or their representatives, briefs must conform with the provisions
of 1930. The Commission has who are parties to the review. of section 207.65 of the Commission’s
determined to exercise its authority to For further information concerning rules; the deadline for filing is January
extend the review period by up to 90 the conduct of this review and rules of 29, 2019. Parties may also file written
days. general application, consult the testimony in connection with their
daltland on DSKBBV9HB2PROD with NOTICES
Commission’s Rules of Practice and presentation at the hearing, as provided
DATES: October 1, 2018. Procedure, part 201, subparts A and B in section 207.24 of the Commission’s
FOR FURTHER INFORMATION CONTACT: (19 CFR part 201), and part 207, rules, and posthearing briefs, which
Amelia Shister ((202) 205–2047), Office subparts A, D, E, and F (19 CFR part must conform with the provisions of
of Investigations, U.S. International 207). section 207.67 of the Commission’s
Trade Commission, 500 E Street SW, Limited disclosure of business rules. The deadline for filing
Washington, DC 20436. Hearing- proprietary information (BPI) under an posthearing briefs is February 19, 2019.
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![Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices 50409
In addition, any person who has not INTERNATIONAL TRADE order (‘‘LEO’’) against certain
entered an appearance as a party to the COMMISSION microfluidic devices, which are
review may submit a written statement imported, sold for importation, and/or
[Investigation No. 337–TA–1068]
of information pertinent to the subject of sold after importation by respondent
the review on or before February 19, Certain Microfluidic Devices; Notice of 10X Genomics, Inc. of Pleasanton, CA
2019. On March 15, 2019, the Request for Statements on the Public (‘‘10X’’); and (2) a cease and desist order
Commission will make available to Interest (‘‘CDO’’) against 10X.
parties all information on which they The Commission is interested in
AGENCY: U.S. International Trade further development of the record on
have not had an opportunity to
Commission. the public interest in this investigation.
comment. Parties may submit final
ACTION: Notice. Accordingly, parties are to file public
comments on this information on or interest submissions pursuant to 19 CFR
before March 19, 2019, but such final SUMMARY: Notice is hereby given that 210.50(a)(4). In addition, members of
comments must not contain new factual the presiding administrative law judge the public are hereby invited to file
information and must otherwise comply has issued a Final Initial Determination submissions of no more than five (5)
with section 207.68 of the Commission’s on Section 337 Violation and a pages, inclusive of attachments,
rules. All written submissions must Recommended Determination on concerning the public interest in light of
conform with the provisions of section Remedy and Bonding in the above- the administrative law judge’s
201.8 of the Commission’s rules; any captioned investigation. The Recommended Determination on
submissions that contain BPI must also Commission is soliciting comments on Remedy and Bonding issued in this
conform with the requirements of public interest issues raised by the investigation on September 28, 2018.
sections 201.6, 207.3, and 207.7 of the recommended relief, should the Comments should address whether
Commission’s rules. The Commission’s Commission find a violation. This issuance of the LEO and CDO in this
Handbook on E-Filing, available on the notice is soliciting public interest investigation, should the Commission
Commission’s website at https:// comments from the public only. Parties find a violation, would affect the public
edis.usitc.gov, elaborates upon the are to file public interest submissions health and welfare in the United States,
Commission’s rules with respect to pursuant to Commission rules. competitive conditions in the United
electronic filing. FOR FURTHER INFORMATION CONTACT: Ron States economy, the production of like
Traud, Office of the General Counsel, or directly competitive articles in the
Additional written submissions to the
U.S. International Trade Commission, United States, or United States
Commission, including requests consumers.
pursuant to section 201.12 of the 500 E Street SW, Washington, DC
20436, telephone (202) 205–3427. In particular, the Commission is
Commission’s rules, shall not be interested in comments that:
Copies of non-confidential documents
accepted unless good cause is shown for (i) Explain how the articles
filed in connection with this
accepting such submissions, or unless investigation are or will be available for potentially subject to the recommended
the submission is pursuant to a specific inspection during official business orders are used in the United States;
request by a Commissioner or hours (8:45 a.m. to 5:15 p.m.) in the (ii) Identify any public health, safety,
Commission staff. Office of the Secretary, U.S. or welfare concerns in the United States
In accordance with sections 201.16(c) International Trade Commission, 500 E relating to the recommended orders;
(iii) Identify like or directly
and 207.3 of the Commission’s rules, Street SW, Washington, DC 20436,
competitive articles that complainants,
each document filed by a party to the telephone (202) 205–2000. General
their licensees, or third parties make in
review must be served on all other information concerning the Commission
the United States which could replace
parties to the review (as identified by may also be obtained by accessing its
the subject articles if they were to be
either the public or BPI service list), and internet server (https://www.usitc.gov).
excluded;
a certificate of service must be timely The public record for this investigation (iv) Indicate whether complainants,
filed. The Secretary will not accept a may be viewed on the Commission’s complainants’ licensees, and/or third
document for filing without a certificate Electronic Docket Information System party suppliers have the capacity to
of service. (‘‘EDIS’’) (https://edis.usitc.gov). replace the volume of articles
Hearing-impaired persons are advised potentially subject to the recommended
The Commission has determined that that information on this matter can be
these reviews are extraordinarily exclusion order and/or a cease and
obtained by contacting the desist order within a commercially
complicated and therefore has Commission’s TDD terminal, telephone
determined to exercise its authority to reasonable time; and
(202) 205–1810. (v) Explain how the LEO and CDO
extend the review period by up to 90 SUPPLEMENTARY INFORMATION: Section would impact consumers in the United
days pursuant to 19 U.S.C. 337 of the Tariff Act of 1930 (‘‘Section States.
1675(c)(5)(B). 337’’) provides that if the Commission Written submissions from the public
Authority: This review is being conducted finds a violation it shall exclude the must be filed no later than by close of
under authority of title VII of the Tariff Act articles concerned from the United business on Friday, October 26, 2018.
of 1930; this notice is published pursuant to States unless the public interest factors Persons filing written submissions
section 207.62 of the Commission’s rules. listed in 19 U.S.C. 1337(d)(1) prevent must file the original document
such action. A similar provision applies electronically on or before the deadlines
daltland on DSKBBV9HB2PROD with NOTICES
By order of the Commission.
to cease and desist orders. 19 U.S.C. stated above and submit 8 true paper
Issued: October 1, 2018. copies to the Office of the Secretary by
1337(f)(1).
Lisa Barton, The Commission is soliciting noon the next day pursuant to section
Secretary to the Commission. comments on public interest issues 210.4(f) of the Commission’s Rules of
[FR Doc. 2018–21692 Filed 10–4–18; 8:45 am] raised by the recommended relief Practice and Procedure (19 CFR
BILLING CODE 7020–02–P should the Commission find a violation, 210.4(f)). Submissions should refer to
specifically: (1) A limited exclusion the investigation number (‘‘Inv. No.
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Document Created: 2018-10-05 01:52:13
Document Modified: 2018-10-05 01:52:13
| 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 | October 1, 2018. | |
| Contact | Amelia Shister ((202) 205-2047), 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 review may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 83 FR 50408 |
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