83_FR_64597 83 FR 64357 - Hydrofluorocarbon Blends and Components From China

83 FR 64357 - Hydrofluorocarbon Blends and Components From China

INTERNATIONAL TRADE COMMISSION

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

Page Range64357-64358
FR Document2018-27088

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 Issue 240 (Friday, December 14, 2018) 
[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]


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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.

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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

Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64357 and a final determination containing this second opinion, the CIT remanded their representatives who are parties to such findings, and may result in the to the agency two issues concerning the the remand proceedings, and the issuance of an exclusion order or a cease Commission’s like product Secretary will maintain a separate list of and desist order or both directed against determination in Hydrofluorocarbon those authorized to receive BPI under the respondent. (‘‘HFC’’) Blends and Components from the administrative protective order By order of the Commission. China, Inv. No. 731–TA–1279 (Final), during the remand proceedings. Issued: December 10, 2018. USITC Pub. 4629 (Aug. 2016). In the Written Submissions.—The investigation, the Commission applied Commission is reopening the record in Lisa Barton, its five-factor finished/semi-finished these proceedings for the limited Secretary to the Commission. product analysis and determined that purpose of issuing a short supplemental [FR Doc. 2018–27071 Filed 12–13–18; 8:45 am] there were two domestic like products, questionnaire to U.S. producers and BILLING CODE 7020–02–P one comprised of HFC components and blenders. The Commission is not one comprised of HFC blends. The otherwise reopening the record for the Commission then determined that the collection of new factual information. INTERNATIONAL TRADE domestic industry producing HFC The Commission will make available COMMISSION blends was materially injured by reason any new factual information obtained [Investigation No. 731–TA–1279 (Final) of subject imports of HFC blends, during the remand proceedings not (Second Remand)] whereas the domestic industry already served to parties in the producing HFC components was not investigations (as identified by the Hydrofluorocarbon Blends and materially injured or threatened with public or BPI service list). The Components From China material injury by reason of subject Commission will permit the parties to imports of HFC components. Petitioners file written comments on any new AGENCY: United States International appealed the decisions to the CIT, factual information obtained during the Trade Commission. challenging the Commission’s remand proceedings and on how the ACTION: Notice of remand proceedings. determination that there were two Commission could best comply with the SUMMARY: The U.S. International Trade domestic like products consisting of CIT’s remand instructions. Commission (‘‘Commission’’) hereby HFC blends and HFC components. In its The comments must be based only on gives notice of the court-ordered remand first opinion, the CIT remanded two the information in the Commission’s of its final determination in the issues to the Commission and affirmed record, including any new information antidumping duty investigation of all other aspects of the Commission’s collected in these remand proceedings. hydrofluorocarbon blends and domestic like product determination. The Commission will reject submissions components (‘‘HFC’’) from China. For See Arkema, Inc. v. United States, Court containing additional factual further information concerning the No. 16–00179, 42 CIT ll, 290 information or arguments pertaining to conduct of these remand proceedings F.Supp.3d 1363 (2018). The issues other than those on which the and rules of general application, consult Commission filed its remand with the CIT has remanded this matter. The the Commission’s Rules of Practice and Court on May 5, 2018. In its second deadline for filing comments is January Procedure. opinion, the CIT held that the 7, 2019. Comments shall be limited to Commission’s domestic like product no more than ten (10) double-spaced DATES: December 6, 2018. determination remained deficient and single-sided pages of textual FOR FURTHER INFORMATION CONTACT: regarding the same two issues and again material. Joanna Lo (202–205–1888), Office of remanded these two issues to the Parties are advised to consult with the Investigations, or P.V. Gallagher (202– Commission for reconsideration and Commission’s Rules of Practice and 205–3152), Office of the General explanation. Arkema, Inc. v. United Procedure, part 201, subparts A through Counsel, U.S. International Trade States, Court No. 16–00179, Slip. Op. E (19 CFR part 201), and part 207, Commission, 500 E Street SW, 18–153 (Ct. Int’l Trade November 5, subpart A (19 CFR part 207) for Washington, DC 20436. Hearing- 2018). provisions of general applicability impaired persons can obtain Participation in the proceeding.— concerning written submissions to the information on this matter by contacting Only those persons who were interested Commission. All written submissions the Commission’s TDD terminal on 202– parties that participated in the must conform to the provisions of 205–1810. Persons with mobility investigations (i.e., persons listed on the section 201.8 of the Commission’s rules; impairments who will need special Commission Secretary’s service list) and any submissions that contain BPI must assistance in gaining access to the also parties to the appeal may also conform to the requirements of Commission should contact the Office participate in the remand proceedings. sections 201.6, 207.3, and 207.7 of the of the Secretary at 202–205–2000. Such persons need not make any Commission’s rules. The Commission’s General information concerning the additional notice of appearances or Handbook on E-Filing, available on the Commission may also be obtained by applications with the Commission to Commission’s website at http:// accessing its internet server (http:// participate in the remand proceedings, edis.usitc.gov, elaborates upon the www.usitc.gov). The public record of unless they are adding new individuals Commission’s rules with respect to Investigation No. 731–TA–1279 (Final) to the list of persons entitled to receive electronic filing. may be viewed on the Commission’s business proprietary information Additional written submissions to the electronic docket (EDIS) at http:// (‘‘BPI’’) under administrative protective Commission, including requests amozie on DSK3GDR082PROD with NOTICES1 edis.usitc.gov. order. BPI referred to during the remand pursuant to section 201.12 of the SUPPLEMENTARY INFORMATION: proceedings will be governed, as Commission’s rules, will not be Background.—On November 5, 2018, appropriate, by the administrative accepted unless good cause is shown for the U.S. Court of International Trade, protective order issued in the accepting such submissions or unless per Judge Leo M. Gordon, issued a investigation. The Secretary will the submission is pursuant to a specific second opinion in Arkema, Inc. v. maintain a service list containing the request by a Commissioner or United States, Court No. 16–00179. In names and addresses of all persons or Commission staff. VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1

64358 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices In accordance with sections 201.16(c) SUPPLEMENTARY INFORMATION: The after the date of publication of this and 207.3 of the Commission’s rules, Commission has received a complaint notice in the Federal Register. There each document filed by a party to the and a submission pursuant to § 210.8(b) will be further opportunities for investigation must be served on all other of the Commission’s Rules of Practice comment on the public interest after the parties to the investigation (as identified and Procedure filed on behalf of Align issuance of any final initial by either the public or BPI service list), Technology, Inc., on December 10, 2018. determination in this investigation. Any and a certificate of service must be The complaint alleges violations of written submissions on other issues timely filed. The Secretary will not section 337 of the Tariff Act of 1930 (19 should be filed no later than by close of accept a document for filing without a U.S.C. 1337) in the importation into the business nine calendar days after the certificate of service. United States, the sale for importation, date of publication of this notice in the By order of the Commission. and the sale within the United States Federal Register. Complainant may file Issued: December 10, 2018. after importation of certain dental and a reply to any written submission no orthodontic scanners and software. The later than the date on which Lisa Barton, complaint names as respondents: complainant’s reply would be due Secretary to the Commission. 3Shape A/S of Denmark; 3Shape, Inc. of under § 210.8(c)(2) of the Commission’s [FR Doc. 2018–27088 Filed 12–13–18; 8:45 am] Warren, NJ; and 3Shape Trios A/S of Rules of Practice and Procedure (19 CFR BILLING CODE 7020–02–P Denmark. The complainant requests that 210.8(c)(2)). the Commission issue a limited Persons filing written submissions exclusion order, cease and desist orders must file the original document INTERNATIONAL TRADE and impose a bond during the 60-day electronically on or before the deadlines COMMISSION review period pursuant to 19 U.S.C. stated above and submit 8 true paper 1337(j). copies to the Office of the Secretary by Notice of Receipt of Complaint; Proposed respondents, other noon the next day pursuant to § 210.4(f) Solicitation of Comments Relating to the Public Interest interested parties, and members of the of the Commission’s Rules of Practice public are invited to file comments, not and Procedure (19 CFR 210.4(f)). AGENCY: U.S. International Trade to exceed five (5) pages in length, Submissions should refer to the docket Commission. inclusive of attachments, on any public number (‘‘Docket No. 3357’’) in a ACTION: Notice. interest issues raised by the complaint prominent place on the cover page and/ or § 210.8(b) filing. Comments should or the first page. (See Handbook for SUMMARY: Notice is hereby given that address whether issuance of the relief Electonic Filing Procedures, Electronic the U.S. International Trade specifically requested by the Filing Procedures.1) Persons with Commission has received a complaint complainant in this investigation would questions regarding filing should entitled Certain Dental and Orthodontic affect the public health and welfare in contact the Secretary (202–205–2000). Scanners and Software, DN 3357; the the United States, competitive Any person desiring to submit a Commission is soliciting comments on conditions in the United States document to the Commission in any public interest issues raised by the economy, the production of like or confidence must request confidential complaint or complainant’s filing directly competitive articles in the treatment. All such requests should be pursuant to the Commission’s Rules of United States, or United States directed to the Secretary to the Practice and Procedure. consumers. Commission and must include a full FOR FURTHER INFORMATION CONTACT: Lisa In particular, the Commission is statement of the reasons why the R. Barton, Secretary to the Commission, interested in comments that: Commission should grant such U.S. International Trade Commission, (i) Explain how the articles treatment. See 19 CFR 201.6. Documents 500 E Street SW, Washington, DC potentially subject to the requested for which confidential treatment by the 20436, telephone (202) 205–2000. The remedial orders are used in the United Commission is properly sought will be public version of the complaint can be States; treated accordingly. All such requests accessed on the Commission’s (ii) identify any public health, safety, should be directed to the Secretary to Electronic Document Information or welfare concerns in the United States the Commission and must include a full System (EDIS) at https://edis.usitc.gov, relating to the requested remedial statement of the reasons why the and will be available for inspection orders; Commission should grant such during official business hours (8:45 a.m. (iii) identify like or directly treatment. See 19 CFR 201.6. Documents to 5:15 p.m.) in the Office of the competitive articles that complainant, for which confidential treatment by the Secretary, U.S. International Trade its licensees, or third parties make in the Commission is properly sought will be Commission, 500 E Street SW, United States which could replace the treated accordingly. All information, Washington, DC 20436, telephone (202) subject articles if they were to be including confidential business 205–2000. excluded; information and documents for which General information concerning the (iv) indicate whether complainant, confidential treatment is properly Commission may also be obtained by complainant’s licensees, and/or third sought, submitted to the Commission for accessing its internet server at United party suppliers have the capacity to purposes of this Investigation may be States International Trade Commission replace the volume of articles disclosed to and used: (i) By the (USITC) at https://www.usitc.gov. The potentially subject to the requested Commission, its employees and Offices, public record for this investigation may exclusion order and/or a cease and and contract personnel (a) for be viewed on the Commission’s desist order within a commercially amozie on DSK3GDR082PROD with NOTICES1 developing or maintaining the records Electronic Document Information reasonable time; and of this or a related proceeding, or (b) in System (EDIS) at https://edis.usitc.gov. (v) explain how the requested internal investigations, audits, reviews, Hearing-impaired persons are advised remedial orders would impact United and evaluations relating to the that information on this matter can be States consumers. obtained by contacting the Written submissions on the public 1 Handbook for Electronic Filing Procedures: Commission’s TDD terminal on (202) interest must be filed no later than by https://www.usitc.gov/documents/handbook_on_ 205–1810. close of business, eight calendar days filing_procedures.pdf. VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1


Document Created: 2018-12-14 03:50:26
Document Modified: 2018-12-14 03:50:26
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 of remand proceedings.
DatesDecember 6, 2018.
ContactJoanna 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.
FR Citation83 FR 64357 
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