83 FR 62345 - Glycine From China, India, Japan, and Thailand; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 232 (December 3, 2018)
Federal Register Volume 83, Issue 232 (December 3, 2018)
| Page Range | 62345-62347 | |
| FR Document | 2018-26181 |
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)] [Notices] [Pages 62345-62347] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26181] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-603-605 and 731-TA-1413-1415 (Final)] Glycine From China, India, Japan, and Thailand; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-603-605 and 731-TA-1413-1415 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine [[Page 62346]] whether 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 glycine from China, India, Japan, and Thailand, provided for in subheading 2922.49.43 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value. The Department of Commerce has preliminarily determined that countervailable subsidies are not being provided to producers and exporters of glycine from Thailand and that imports of glycine from Thailand are not being and are not likely to be sold in the United States at less than fair value. DATES: October 31, 2018. FOR FURTHER INFORMATION CONTACT: Celia Feldpausch (202) 205-2387, 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: Scope.-- For purposes of these investigations, Commerce has defined the subject merchandise as glycine at any purity level or grade.\1\ --------------------------------------------------------------------------- \1\ For purposes of these investigations, the Department of Commerce has defined the subject merchandise as glycine at any purity level or grade. For a full description of the scope of these investigations, including product exclusions, see Glycine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 83 FR 44863, September 4, 2018. --------------------------------------------------------------------------- Background.--The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China and India of glycine,\2\ and that imports of glycine from India and Japan are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b).\3\ The investigations were requested in petitions filed on March 28, 2018, by GEO Specialty Chemicals, Inc., Lafayette, Indiana, and Chattem Chemicals, Inc., Chattanooga, Tennessee. --------------------------------------------------------------------------- \2\ Glycine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 83 FR 44863, September 4, 2018, and Glycine From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 83 FR 44859, September 4, 2018. \3\ Glycine From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 54713, October 31, 2018, and Glycine From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 83 FR 54718, October 31, 2018. --------------------------------------------------------------------------- For further information concerning the conduct of this phase of the investigations, hearing procedures, 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 C (19 CFR part 207). Although Commerce has preliminarily determined that countervailable subsidies are not being provided to producers and exporters of glycine from Thailand, and imports of glycine from Thailand are not being and not likely to be sold in the United States at less than fair value,\4\ for purposes of efficiency the Commission hereby waives rule 207.21(b) \5\ so that the final phase of the investigations may proceed concurrently in the event that Commerce makes final affirmative determinations with respect to such imports. --------------------------------------------------------------------------- \4\ Glycine From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 83 FR 44861, September 4, 2018, and Glycine From Thailand: Preliminary Determination of Sales at Not Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, 83 FR 54717, October 31, 2018. \5\ Section 207.21(b) of the Commission's rules provides that, where Commerce has issued a negative preliminary determination, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final determination from Commerce. --------------------------------------------------------------------------- Participation in the investigations 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 the final phase of these investigations 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, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. 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 the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations 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 final phase of these investigations will be placed in the nonpublic record on February 28, 2019, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, March 14, 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 March 8, 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 March 13, 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), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later [[Page 62347]] than 7 business days prior to the date of the hearing. Written submissions.--Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is March 7, 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 207.25 of the Commission's rules. The deadline for filing posthearing briefs is March 22, 2019. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before March 22, 2019. On April 10, 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 April 12, 2019, but such final comments must not contain new factual information and must otherwise comply with section 207.30 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 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. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: November 28, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-26181 Filed 11-30-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62345
including antidumping duties). If you the Tariff Act of 1930; this notice is 23, 2018). The complaint alleges
are a trade/business association, provide published pursuant to section 207.61 of violations of section 337 based upon the
the information, on an aggregate basis, the Commission’s rules. importation into the United States, the
for the firms which are members of your By order of the Commission. sale for importation, and the sale within
association. Issued: November 27, 2018. the United States after importation of
(a) Production (quantity) and, if certain submarine telecommunication
Lisa Barton,
known, an estimate of the percentage of systems and components thereof by
total production of Subject Merchandise Secretary to the Commission.
reason of infringement of certain claims
in the Subject Country accounted for by [FR Doc. 2018–26136 Filed 11–30–18; 8:45 am]
of U.S. Patent 8,244,131. The Notice of
your firm’s(s’) production; BILLING CODE 7020–02–P
Institution named Xtera, Inc. of Allen,
(b) Capacity (quantity) of your firm(s) Texas; MC Assembly, LLC of
to produce the Subject Merchandise in Melbourne, Florida; and MC Test
the Subject Country (that is, the level of INTERNATIONAL TRADE
Services, Inc. of Melbourne, Florida as
production that your establishment(s) COMMISSION
respondents. The Office of Unfair
could reasonably have expected to [Investigation No. 337–TA–1113] Import Investigations (‘‘OUII’’) was
attain during the year, assuming normal named as a party.
operating conditions (using equipment Certain Submarine Telecommunication On October 26, 2018, complainants
and machinery in place and ready to Systems and Components Thereof; filed a motion to withdraw the
operate), normal operating levels (hours Commission Determination Not To complaint and suspend the procedural
per week/weeks per year), time for Review an Initial Determination schedule pending final termination of
downtime, maintenance, repair, and Granting an Unopposed Motion To the investigation. OUII and respondents
cleanup, and a typical or representative Terminate the Investigation; did not oppose the motion.
product mix); and Termination of the Investigation On October 29, 2018, the ALJ issued
(c) the quantity and value of your the subject ID (Order No. 19) granting
firm’s(s’) exports to the United States of AGENCY: U.S. International Trade
Commission. complainants’ motion. The ALJ found
Subject Merchandise and, if known, an that no extraordinary circumstances
estimate of the percentage of total ACTION: Notice.
prevent the termination of the
exports to the United States of Subject SUMMARY: Notice is hereby given that investigation. No petitions for review
Merchandise from the Subject Country were filed.
the U.S. International Trade
accounted for by your firm’s(s’) exports. The Commission has determined not
Commission has determined not to
(12) Identify significant changes, if
review an initial determination (‘‘ID’’) to review the ID. The investigation is
any, in the supply and demand
(Order No. 19) of the presiding terminated.
conditions or business cycle for the
administrative law judge (‘‘ALJ’’) The authority for the Commission’s
Domestic Like Product that have
granting an unopposed motion to determination is contained in section
occurred in the United States or in the
market for the Subject Merchandise in terminate the investigation based on 337 of the Tariff Act of 1930, as
the Subject Country after 2012, and withdrawal of the complaint. amended (19 U.S.C. 1337), and in part
significant changes, if any, that are FOR FURTHER INFORMATION CONTACT: 210 of the Commission’s Rules of
likely to occur within a reasonably Amanda Pitcher Fisherow, Esq., Office Practice and Procedure (19 CFR part
foreseeable time. Supply conditions to of the General Counsel, U.S. 210).
consider include technology; International Trade Commission, 500 E By order of the Commission.
production methods; development Street SW, Washington, DC 20436, Issued: November 28, 2018.
efforts; ability to increase production telephone (202) 205–2737. Copies of Lisa Barton,
(including the shift of production non-confidential documents filed in
Secretary to the Commission.
facilities used for other products and the connection with this investigation are or
[FR Doc. 2018–26180 Filed 11–30–18; 8:45 am]
use, cost, or availability of major inputs will be available for inspection during
BILLING CODE 7020–02–P
into production); and factors related to official business hours (8:45 a.m. to 5:15
the ability to shift supply among p.m.) in the Office of the Secretary, U.S.
different national markets (including International Trade Commission, 500 E
INTERNATIONAL TRADE
barriers to importation in foreign Street SW, Washington, DC 20436,
COMMISSION
markets or changes in market demand telephone (202) 205–2000. General
abroad). Demand conditions to consider information concerning the Commission [Investigation Nos. 701–TA–603–605 and
may also be obtained by accessing its 731–TA–1413–1415 (Final)]
include end uses and applications; the
existence and availability of substitute internet server at https://www.usitc.gov.
The public record for this investigation Glycine From China, India, Japan, and
products; and the level of competition Thailand; Scheduling of the Final
among the Domestic Like Product may be viewed on the Commission’s
electronic docket (EDIS) at https:// Phase of Countervailing Duty and Anti-
produced in the United States, Subject Dumping Duty Investigations
Merchandise produced in the Subject edis.usitc.gov. Hearing-impaired
Country, and such merchandise from persons are advised that information on AGENCY: United States International
other countries. this matter can be obtained by Trade Commission.
(13) (OPTIONAL) A statement of contacting the Commission’s TDD ACTION: Notice.
terminal on (202) 205–1810.
khammond on DSK30JT082PROD with NOTICES
whether you agree with the above
definitions of the Domestic Like Product SUPPLEMENTARY INFORMATION: The SUMMARY: The Commission hereby gives
and Domestic Industry; if you disagree Commission instituted this investigation notice of the scheduling of the final
with either or both of these definitions, on May 23, 2018, based on a complaint, phase of antidumping and
please explain why and provide filed on behalf of NEC Corporation of countervailing duty investigation Nos.
alternative definitions. Tokyo, Japan and NEC Corporation of 701–TA–603–605 and 731–TA–1413–
Authority: This proceeding is being America of Irving, Texas 1415 (Final) pursuant to the Tariff Act
conducted under authority of title VII of (‘‘complainants’’). 83 FR 23936–37 (May of 1930 (‘‘the Act’’) to determine
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![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62347
than 7 business days prior to the date of is published pursuant to section 207.21 are not necessary and are discouraged.
the hearing. of the Commission’s rules. Should you wish to mail a comment in
Written submissions.—Each party By order of the Commission. lieu of an electronic comment, it should
who is an interested party shall submit Issued: November 28, 2018. be sent via regular or express mail to:
a prehearing brief to the Commission. Drug Enforcement Administration,
Lisa Barton,
Prehearing briefs must conform with the Attention: DEA Federal Register
Secretary to the Commission.
provisions of section 207.23 of the Representative/DRW, 8701 Morrissette
[FR Doc. 2018–26181 Filed 11–30–18; 8:45 am] Drive, Springfield, Virginia 22152.
Commission’s rules; the deadline for
BILLING CODE 7020–02–P
filing is March 7, 2019. Parties may also FOR FURTHER INFORMATION CONTACT:
file written testimony in connection Kathy L. Federico, Regulatory Drafting
with their presentation at the hearing, as and Support Section, Diversion Control
provided in section 207.24 of the DEPARTMENT OF JUSTICE Division, Drug Enforcement
Commission’s rules, and posthearing Administration; Mailing Address: 8701
briefs, which must conform with the Drug Enforcement Administration
Morrissette Drive, Springfield, Virginia
provisions of section 207.25 of the [Docket No. DEA–372] 22152; Telephone: (202) 598–6812.
Commission’s rules. The deadline for SUPPLEMENTARY INFORMATION:
filing posthearing briefs is March 22, Exempt Chemical Preparations Under
2019. In addition, any person who has the Controlled Substances Act Posting of Public Comments
not entered an appearance as a party to AGENCY: Drug Enforcement Please note that all comments
the investigations may submit a written Administration, Department of Justice. received are considered part of the
statement of information pertinent to ACTION: Order with opportunity for public record and made available for
the subject of the investigations, comment. public inspection online at http://
including statements of support or www.regulations.gov and in the DEA’s
opposition to the petition, on or before SUMMARY: The applications for exempt public docket. Such information
March 22, 2019. On April 10, 2019, the chemical preparations received by the includes personal identifying
Commission will make available to Drug Enforcement Administration information (such as your name,
parties all information on which they (DEA) between January 1, 2017, and address, etc.) voluntarily submitted by
have not had an opportunity to June 30, 2018, as listed below, were the commenter. The Freedom of
comment. Parties may submit final accepted for filing and have been Information Act (FOIA) applies to all
comments on this information on or approved or denied as indicated. comments received.
before April 12, 2019, but such final DATES: Interested persons may file If you want to submit personal
comments must not contain new factual written comments on this order in identifying information (such as your
information and must otherwise comply accordance with 21 CFR 1308.23(e). name, address, etc.) as part of your
with section 207.30 of the Commission’s Electronic comments must be comment, but do not want it to be
rules. All written submissions must submitted, and written comments must posted online or made available in the
conform with the provisions of section be postmarked, on or before February 1, public docket, you must include the
201.8 of the Commission’s rules; any 2019. Commenters should be aware that phrase ‘‘PERSONAL IDENTIFYING
submissions that contain BPI must also the electronic Federal Docket INFORMATION’’ in the first paragraph
conform with the requirements of Management System will not accept of your comment. You must also place
sections 201.6, 207.3, and 207.7 of the comments after 11:59 p.m. Eastern Time all the personal identifying information
Commission’s rules. The Commission’s on the last day of the comment period. you do not want posted online or made
Handbook on E-Filing, available on the ADDRESSES: To ensure proper handling available in the public docket in the first
Commission’s website at https:// of comments, please reference ‘‘Docket paragraph of your comment and identify
edis.usitc.gov, elaborates upon the No. DEA–372’’ on all correspondence, what information you want redacted.
Commission’s rules with respect to including any attachments. If you want to submit confidential
electronic filing. • Electronic comments: The DEA business information as part of your
Additional written submissions to the encourages that all comments be comment, but do not want it to be
Commission, including requests submitted through the Federal posted online or made available in the
pursuant to section 201.12 of the eRulemaking Portal, which provides the public docket, you must include the
Commission’s rules, shall not be ability to type short comments directly phrase ‘‘CONFIDENTIAL BUSINESS
accepted unless good cause is shown for into the comment field on the web page INFORMATION’’ in the first paragraph
accepting such submissions, or unless or to attach a file for lengthier of your comment. You must also
the submission is pursuant to a specific comments. Please go to http:// prominently identify confidential
request by a Commissioner or www.regulations.gov and follow the business information to be redacted
Commission staff. online instructions at that site for within the comment.
In accordance with sections 201.16(c) submitting comments. Upon completion Comments containing personal
and 207.3 of the Commission’s rules, of your submission you will receive a identifying information and confidential
each document filed by a party to the Comment Tracking Number for your business information identified as
investigations must be served on all comment. Please be aware that directed above will generally be made
other parties to the investigations (as submitted comments are not publicly available in redacted form. If a
identified by either the public or BPI comment has so much confidential
khammond on DSK30JT082PROD with NOTICES
instantaneously available for public
service list), and a certificate of service view on Regulations.gov. If you have business information that it cannot be
must be timely filed. The Secretary will received a comment tracking number, effectively redacted, all or part of that
not accept a document for filing without your comment has been successfully comment may not be made publicly
a certificate of service. submitted and there is no need to available. Comments posted to http://
Authority: These investigations are resubmit the same comment. www.regulations.gov may include any
being conducted under authority of title • Paper comments: Paper comments personal identifying information (such
VII of the Tariff Act of 1930; this notice that duplicate the electronic submission as name, address, and phone number)
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Document Created: 2018-12-01 00:56:26
Document Modified: 2018-12-01 00:56:26
| 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 31, 2018. | |
| Contact | Celia Feldpausch (202) 205-2387, 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 62345 |
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