83_FR_54989 83 FR 54778 - Magnesium From Israel; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

83 FR 54778 - Magnesium From Israel; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54778-54779
FR Document2018-23758

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-614 and 731-TA-1431 (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 magnesium from Israel, provided for in subheadings 8104.11.00, 8104.19.00, and 8104.30.00 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 Israel. 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 December 10, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by December 17, 2018.

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54778-54779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23758]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-614 and 731-TA-1431 (Preliminary)]


Magnesium From Israel; 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-614 and 731-TA-1431 
(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 magnesium from Israel, 
provided for in subheadings 8104.11.00, 8104.19.00, and 8104.30.00 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 Israel. 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 
December 10, 2018. The Commission's views must be transmitted to 
Commerce within five business days thereafter, or by December 17, 2018.

DATES: October 24, 2018.

FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), 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 October 24, 
2018, by US Magnesium LLC, Salt Lake City, Utah.
    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

[[Page 54779]]

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 Wednesday, November 14, 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 
November 9, 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 November 19, 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: October 25, 2018.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2018-23758 Filed 10-30-18; 8:45 am]
 BILLING CODE 7020-02-P



                                              54778                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                              hereby invited to file submissions of no                Commission and must include a full                    days, or in this case by December 10,
                                              more than five (5) pages, inclusive of                  statement of the reasons why the                      2018. The Commission’s views must be
                                              attachments, concerning the public                      Commission should grant such                          transmitted to Commerce within five
                                              interest in light of the administrative                 treatment. See 19 CFR 201.6. Documents                business days thereafter, or by
                                              law judge’s Recommended                                 for which confidential treatment by the               December 17, 2018.
                                              Determination on remedy and bonding                     Commission is properly sought will be                 DATES: October 24, 2018.
                                              issued in this investigation on October                 treated accordingly. A redacted non-                  FOR FURTHER INFORMATION CONTACT: Julie
                                              23, 2018. Comments should address                       confidential version of the document                  Duffy ((202) 708–2579), Office of
                                              whether issuance of the GEO and CDO                     must also be filed simultaneously with                Investigations, U.S. International Trade
                                              in this investigation, should the                       any confidential filing. All non-                     Commission, 500 E Street SW,
                                              Commission find a violation, would                      confidential written submissions will be              Washington, DC 20436. Hearing-
                                              affect the public health and welfare in                 available for public inspection at the                impaired persons can obtain
                                              the United States, competitive                          Office of the Secretary and on EDIS.                  information on this matter by contacting
                                              conditions in the United States                            This action is taken under the                     the Commission’s TDD terminal on 202–
                                              economy, the production of like or                      authority of section 337 of the Tariff Act            205–1810. Persons with mobility
                                              directly competitive articles in the                    of 1930, as amended (19 U.S.C. 1337),                 impairments who will need special
                                              United States, or United States                         and of sections 201.10 and 210.50 of the              assistance in gaining access to the
                                              consumers.                                              Commission’s Rules of Practice and                    Commission should contact the Office
                                                 In particular, the Commission is                     Procedure (19 CFR 201.10, 210.50).                    of the Secretary at 202–205–2000.
                                              interested in comments that:                              By order of the Commission.                         General information concerning the
                                                 (i) Explain how the articles
                                                                                                        Issued: October 25, 2018.                           Commission may also be obtained by
                                              potentially subject to the recommended
                                                                                                      Jessica Mullan,                                       accessing its internet server (https://
                                              orders are used in the United States;
                                                 (ii) identify any public health, safety,             Attorney Advisor.                                     www.usitc.gov). The public record for
                                              or welfare concerns in the United States                [FR Doc. 2018–23761 Filed 10–30–18; 8:45 am]
                                                                                                                                                            this investigation may be viewed on the
                                              relating to the recommended orders;                                                                           Commission’s electronic docket (EDIS)
                                                                                                      BILLING CODE 7020–02–P
                                                 (iii) identify like or directly                                                                            at https://edis.usitc.gov.
                                              competitive articles that complainant,                                                                        SUPPLEMENTARY INFORMATION:
                                              its licensees, or third parties make in the             INTERNATIONAL TRADE                                      Background.—These investigations
                                              United States which could replace the                   COMMISSION                                            are being instituted, pursuant to
                                              subject articles if they were to be                                                                           sections 703(a) and 733(a) of the Tariff
                                                                                                      [Investigation Nos. 701–TA–614 and 731–               Act of 1930 (19 U.S.C. 1671b(a) and
                                              excluded;                                               TA–1431 (Preliminary)]
                                                 (iv) indicate whether complainant,                                                                         1673b(a)), in response to a petition filed
                                              complainant’s licensees, and/or third                   Magnesium From Israel; Institution of                 on October 24, 2018, by US Magnesium
                                              party suppliers have the capacity to                    Anti-Dumping and Countervailing Duty                  LLC, Salt Lake City, Utah.
                                              replace the volume of articles                          Investigations and Scheduling of                         For further information concerning
                                              potentially subject to the recommended                  Preliminary Phase Investigations                      the conduct of these investigations and
                                              exclusion order and/or a cease and                                                                            rules of general application, consult the
                                              desist order within a commercially                      AGENCY: United States International                   Commission’s Rules of Practice and
                                              reasonable time; and                                    Trade Commission.                                     Procedure, part 201, subparts A and B
                                                 (v) explain how the GEO and CDO                      ACTION: Notice.                                       (19 CFR part 201), and part 207,
                                              would impact consumers in the United                                                                          subparts A and B (19 CFR part 207).
                                              States.                                                 SUMMARY:    The Commission hereby gives                  Participation in the investigations and
                                                 Written submissions from the public                  notice of the institution of investigations           public service list.—Persons (other than
                                              must be filed no later than close of                    and commencement of preliminary                       petitioners) wishing to participate in the
                                              business on Friday, November 16, 2018.                  phase antidumping and countervailing                  investigations as parties must file an
                                                 Persons filing written submissions                   duty investigation Nos. 701–TA–614                    entry of appearance with the Secretary
                                              must file the original document                         and 731–TA–1431 (Preliminary)                         to the Commission, as provided in
                                              electronically on or before the deadlines               pursuant to the Tariff Act of 1930 (‘‘the             sections 201.11 and 207.10 of the
                                              stated above and submit 8 true paper                    Act’’) to determine whether there is a                Commission’s rules, not later than seven
                                              copies to the Office of the Secretary by                reasonable indication that an industry                days after publication of this notice in
                                              noon the next day pursuant to section                   in the United States is materially                    the Federal Register. Industrial users
                                              210.4(f) of the Commission’s Rules of                   injured or threatened with material                   and (if the merchandise under
                                              Practice and Procedure (19 CFR                          injury, or the establishment of an                    investigation is sold at the retail level)
                                              210.4(f)). Submissions should refer to                  industry in the United States is                      representative consumer organizations
                                              the investigation number (‘‘Inv. No.                    materially retarded, by reason of                     have the right to appear as parties in
                                              337–TA–1074’’) in a prominent place on                  imports of magnesium from Israel,                     Commission antidumping duty and
                                              the cover page and/or the first page. See               provided for in subheadings 8104.11.00,               countervailing duty investigations. The
                                              Handbook on Filing Procedures,                          8104.19.00, and 8104.30.00 of the                     Secretary will prepare a public service
                                              (https://www.usitc.gov/secretary/                       Harmonized Tariff Schedule of the                     list containing the names and addresses
                                              documents/handbook_on_filing_                           United States, that are alleged to be sold            of all persons, or their representatives,
                                              procedures.pdf). Persons with questions                 in the United States at less than fair                who are parties to these investigations
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                                              regarding filing should contact the                     value and alleged to be subsidized by                 upon the expiration of the period for
                                              Secretary (202–205–2000).                               the Government of Israel. Unless the                  filing entries of appearance.
                                                 Any person desiring to submit a                      Department of Commerce (‘‘Commerce’’)                    Limited disclosure of business
                                              document to the Commission in                           extends the time for initiation, the                  proprietary information (BPI) under an
                                              confidence must request confidential                    Commission must reach a preliminary                   administrative protective order (APO)
                                              treatment. All such requests should be                  determination in antidumping and                      and BPI service list.—Pursuant to
                                              directed to the Secretary to the                        countervailing duty investigations in 45              section 207.7(a) of the Commission’s


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                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                                54779

                                              rules, the Secretary will make BPI                         Certification.—Pursuant to section                 consequences of a release. The
                                              gathered in these investigations                        207.3 of the Commission’s rules, any                  Complaint also contains allegations
                                              available to authorized applicants                      person submitting information to the                  under the Emergency Planning and
                                              representing interested parties (as                     Commission in connection with these                   Community Right-to-Know Act of 1986,
                                              defined in 19 U.S.C. 1677(9)) who are                   investigations must certify that the                  42 U.S.C. 11022, and the
                                              parties to the investigations under the                 information is accurate and complete to               Comprehensive Environmental
                                              APO issued in the investigations,                       the best of the submitter’s knowledge. In             Response, Compensation and Liability
                                              provided that the application is made                   making the certification, the submitter               Act, 42 U.S.C. 9603(a) for Stavis’ failure
                                              not later than seven days after the                     will acknowledge that any information                 to properly report its inventory of
                                              publication of this notice in the Federal               that it submits to the Commission                     hazardous substances and for failing to
                                              Register. A separate service list will be               during these investigations may be                    comply with emergency notification
                                              maintained by the Secretary for those                   disclosed to and used: (i) By the                     requirements. The proposed Stipulation
                                              parties authorized to receive BPI under                 Commission, its employees and Offices,
                                                                                                                                                            in this case requires Stavis to pay a civil
                                              the APO.                                                and contract personnel (a) for
                                                                                                                                                            penalty of $700,000.
                                                 Conference.—The Commission’s                         developing or maintaining the records
                                              Director of Investigations has scheduled                of these or related investigations or                   The publication of this notice opens
                                              a conference in connection with these                   reviews, or (b) in internal investigations,           a period for public comment on the
                                              investigations for 9:30 a.m. on                         audits, reviews, and evaluations relating             proposed Stipulation. Comments should
                                              Wednesday, November 14, 2018, at the                    to the programs, personnel, and                       be addressed to the Assistant Attorney
                                              U.S. International Trade Commission                     operations of the Commission including                General, Environment and Natural
                                              Building, 500 E Street SW, Washington,                  under 5 U.S.C. Appendix 3; or (ii) by                 Resources Division, and should refer to
                                              DC. Requests to appear at the conference                U.S. government employees and                         United States v. Stavis Seafoods, Inc.,
                                              should be emailed to                                    contract personnel, solely for                        D.J. Ref. No. 90–5–2–1–11574. All
                                              preliminaryconferences@usitc.gov (DO                    cybersecurity purposes. All contract                  comments must be submitted no later
                                              NOT FILE ON EDIS) on or before                          personnel will sign appropriate                       than thirty (30) days after the
                                              November 9, 2018. Parties in support of                 nondisclosure agreements.                             publication date of this notice.
                                              the imposition of countervailing and                       Authority: These investigations are                Comments may be submitted either by
                                              antidumping duties in these                             being conducted under authority of title              email or by mail:
                                              investigations and parties in opposition                VII of the Tariff Act of 1930; this notice
                                              to the imposition of such duties will                   is published pursuant to section 207.12               To submit
                                              each be collectively allocated one hour                 of the Commission’s rules.                                                Send them to:
                                                                                                                                                            comments:
                                              within which to make an oral                              By order of the Commission.
                                              presentation at the conference. A                                                                             By email .......    pubcomment-ees.enrd@
                                                                                                        Issued: October 25, 2018.
                                              nonparty who has testimony that may                                                                                                 usdoj.gov.
                                                                                                      Jessica Mullan,                                       By mail .........   Assistant Attorney General,
                                              aid the Commission’s deliberations may
                                                                                                      Attorney Advisor.                                                           U.S. DOJ—ENRD, P.O.
                                              request permission to present a short
                                                                                                      [FR Doc. 2018–23758 Filed 10–30–18; 8:45 am]                                Box 7611, Washington, DC
                                              statement at the conference.                                                                                                        20044–7611.
                                                                                                      BILLING CODE 7020–02–P
                                                 Written submissions.—As provided in
                                              sections 201.8 and 207.15 of the
                                              Commission’s rules, any person may                                                                              During the public comment period,
                                              submit to the Commission on or before                   DEPARTMENT OF JUSTICE                                 the proposed Stipulation may be
                                              November 19, 2018, a written brief                                                                            examined and downloaded at this
                                                                                                      Notice of Lodging of Proposed                         Justice Department website: https://
                                              containing information and arguments
                                                                                                      Stipulation Under the Clean Air Act,                  www.justice.gov/enrd/consent-decrees.
                                              pertinent to the subject matter of the
                                                                                                      the Emergency Planning and                            We will provide a paper copy of the
                                              investigations. Parties may file written
                                                                                                      Community Right-to-Know Act of 1986,                  proposed Stipulation upon written
                                              testimony in connection with their
                                                                                                      and the Comprehensive Environmental                   request and payment of reproduction
                                              presentation at the conference. All
                                                                                                      Response, Compensation, and Liability                 costs. Please mail your request and
                                              written submissions must conform with
                                                                                                      Act
                                              the provisions of section 201.8 of the                                                                        payment to: Consent Decree Library,
                                              Commission’s rules; any submissions                        On October 23, 2018, the Department                U.S. DOJ—ENRD, P.O. Box 7611,
                                              that contain BPI must also conform with                 of Justice lodged a proposed Stipulation              Washington, DC 20044–7611.
                                              the requirements of sections 201.6,                     (‘‘Stipulation’’) with the United States                Please enclose a check or money order
                                              207.3, and 207.7 of the Commission’s                    District Court for the District of                    for $9.50 (25 cents per page
                                              rules. The Commission’s Handbook on                     Massachusetts in the lawsuit entitled                 reproduction cost), payable to the
                                              E-Filing, available on the Commission’s                 United States v. Stavis Seafoods, Inc.,               United States Treasury.
                                              website at https://edis.usitc.gov,                      Civil Action No. 1:18-cv-12199. In the
                                              elaborates upon the Commission’s rules                  Complaint, the United States, on behalf               Robert Maher,
                                              with respect to electronic filing.                      of the U.S. Environmental Protection                  Assistant Section Chief, Environmental
                                                 In accordance with sections 201.16(c)                Agency (‘‘EPA’’), alleges that Stavis                 Enforcement Section, Environment & Natural
                                              and 207.3 of the rules, each document                   Seafoods, Inc. (‘‘Stavis’’) violated the              Resources Division.
                                              filed by a party to the investigations                  Clean Air Act, 42 U.S.C. 7412(r)(1), for              [FR Doc. 2018–23736 Filed 10–30–18; 8:45 am]
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                                              must be served on all other parties to                  a release of anhydrous ammonia and                    BILLING CODE 4410–15–P
                                              the investigations (as identified by                    associated violation of the requirements
                                              either the public or BPI service list), and             under the Clean Air Act’s General Duty
                                              a certificate of service must be timely                 Clause, such as a failure to conduct a
                                              filed. The Secretary will not accept a                  process hazard analysis, failure to
                                              document for filing without a certificate               maintain the facility in the adequate
                                              of service.                                             manner, and failure to minimize the


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Document Created: 2018-10-31 00:33:56
Document Modified: 2018-10-31 00:33:56
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.
DatesOctober 24, 2018.
ContactJulie Duffy ((202) 708-2579), 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 54778 

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