83 FR 64357 - Hydrofluorocarbon Blends and Components From China

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 240 (December 14, 2018)

The U.S. International Trade Commission (``Commission'') hereby gives notice of the court-ordered remand of its final determination in the antidumping duty investigation of hydrofluorocarbon blends and components (``HFC'') from China. For further information concerning the conduct of these remand proceedings and rules of general application, consult the Commission's Rules of Practice and Procedure.

[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64357-64358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27088]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1279 (Final) (Second Remand)]


Hydrofluorocarbon Blends and Components From China

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

-----------------------------------------------------------------------

SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its final 
determination in the antidumping duty investigation of 
hydrofluorocarbon blends and components (``HFC'') from China. For 
further information concerning the conduct of these remand proceedings 
and rules of general application, consult the Commission's Rules of 
Practice and Procedure.

DATES: December 6, 2018.

FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), Office of 
Investigations, or P.V. Gallagher (202-205-3152), Office of the General 
Counsel, 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 
(http://www.usitc.gov). The public record of Investigation No. 731-TA-
1279 (Final) may be viewed on the Commission's electronic docket (EDIS) 
at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On November 5, 2018, the U.S. Court of International 
Trade, per Judge Leo M. Gordon, issued a second opinion in Arkema, Inc. 
v. United States, Court No. 16-00179. In this second opinion, the CIT 
remanded to the agency two issues concerning the Commission's like 
product determination in Hydrofluorocarbon (``HFC'') Blends and 
Components from China, Inv. No. 731-TA-1279 (Final), USITC Pub. 4629 
(Aug. 2016). In the investigation, the Commission applied its five-
factor finished/semi-finished product analysis and determined that 
there were two domestic like products, one comprised of HFC components 
and one comprised of HFC blends. The Commission then determined that 
the domestic industry producing HFC blends was materially injured by 
reason of subject imports of HFC blends, whereas the domestic industry 
producing HFC components was not materially injured or threatened with 
material injury by reason of subject imports of HFC components. 
Petitioners appealed the decisions to the CIT, challenging the 
Commission's determination that there were two domestic like products 
consisting of HFC blends and HFC components. In its first opinion, the 
CIT remanded two issues to the Commission and affirmed all other 
aspects of the Commission's domestic like product determination. See 
Arkema, Inc. v. United States, Court No. 16-00179, 42 CIT __, 290 
F.Supp.3d 1363 (2018). The Commission filed its remand with the Court 
on May 5, 2018. In its second opinion, the CIT held that the 
Commission's domestic like product determination remained deficient 
regarding the same two issues and again remanded these two issues to 
the Commission for reconsideration and explanation. Arkema, Inc. v. 
United States, Court No. 16-00179, Slip. Op. 18-153 (Ct. Int'l Trade 
November 5, 2018).
    Participation in the proceeding.--Only those persons who were 
interested parties that participated in the investigations (i.e., 
persons listed on the Commission Secretary's service list) and also 
parties to the appeal may participate in the remand proceedings. Such 
persons need not make any additional notice of appearances or 
applications with the Commission to participate in the remand 
proceedings, unless they are adding new individuals to the list of 
persons entitled to receive business proprietary information (``BPI'') 
under administrative protective order. BPI referred to during the 
remand proceedings will be governed, as appropriate, by the 
administrative protective order issued in the investigation. The 
Secretary will maintain a service list containing the names and 
addresses of all persons or their representatives who are parties to 
the remand proceedings, and the Secretary will maintain a separate list 
of those authorized to receive BPI under the administrative protective 
order during the remand proceedings.
    Written Submissions.--The Commission is reopening the record in 
these proceedings for the limited purpose of issuing a short 
supplemental questionnaire to U.S. producers and blenders. The 
Commission is not otherwise reopening the record for the collection of 
new factual information. The Commission will make available any new 
factual information obtained during the remand proceedings not already 
served to parties in the investigations (as identified by the public or 
BPI service list). The Commission will permit the parties to file 
written comments on any new factual information obtained during the 
remand proceedings and on how the Commission could best comply with the 
CIT's remand instructions.
    The comments must be based only on the information in the 
Commission's record, including any new information collected in these 
remand proceedings. The Commission will reject submissions containing 
additional factual information or arguments pertaining to issues other 
than those on which the CIT has remanded this matter. The deadline for 
filing comments is January 7, 2019. Comments shall be limited to no 
more than ten (10) double-spaced and single-sided pages of textual 
material.
    Parties are advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission. 
All written submissions must conform to the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform to 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 http://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, will 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.

[[Page 64358]]

    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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.

    By order of the Commission.

    Issued: December 10, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27088 Filed 12-13-18; 8:45 am]
 BILLING CODE 7020-02-P