[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Notices]
[Pages 3281-3282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1162]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-480 (Final) and 731-TA-1188 (Final)]
High Pressure Steel Cylinders From China; Scheduling of the Final
Phase of Countervailing Duty and Antidumping Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-480 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigation No. 731-TA-
1188 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to
determine 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
subsidized and less-than-fair-value imports from China of high pressure
steel cylinders, provided for in subheading 7311.00.00 of the
Harmonized Tariff Schedule of the United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as Seamless steel
cylinders designed for storage or transport of compressed or
liquefied gas (``high pressure steel cylinders''). High pressure
steel cylinders are fabricated of chrome alloy steel including, but
not limited to, chromium-molybdenum steel or chromium magnesium
steel, and have permanently impressed into the steel, either before
or after importation, the symbol of a U.S. Department of
Transportation, Pipeline and Hazardous Materials Safety
Administration (``DOT'') approved high pressure steel cylinder
manufacturer, as well as an approved DOT type marking of DOT 3A,
3AX, 3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT-E (followed by a specific
exemption number) in accordance with the requirements of sections
178.36 through 178.68 of Title 49 of the Code of Federal
Regulations, or any subsequent amendments thereof. High pressure
steel cylinders covered by the investigation have a water capacity
up to 450 liters, and a gas capacity ranging from 8 to 702 cubic
feet, regardless of corresponding service pressure levels and
regardless of physical dimensions, finish or coatings. Excluded from
the scope of the investigation are high pressure steel cylinders
manufactured to UN-ISO-9809-1 and 2 specifications and permanently
impressed with ISO or UN symbols. Also excluded from the
investigation are acetylene cylinders, with or without internal
porous mass, and permanently impressed with 8A or 8AL in accordance
with DOT regulations.
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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 through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
DATES: Effective Date: December 15, 2011.
FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202) 205-3176,
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 (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of 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 of
high pressure steel cylinders, and that such products 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). These investigations were requested
in a petition filed on May 11, 2011, by Norris Cylinder Company,
Longview, Texas.
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 April
17, 2012, 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 May 1,
2012, 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 April 25, 2012. 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 attend a prehearing conference to be held at 9:30
a.m. on April 27, 2012, at the U.S. International Trade Commission
Building. 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 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
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Commission's rules; the deadline for filing is April 24, 2012. 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 May 8, 2012; witness testimony must be filed no
later than three days before the hearing. 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 May 8, 2012. On May 23, 2012, 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 May 25, 2012, 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. Please be aware that the Commission's rules with respect to
electronic filing have been amended. The amendments took effect on
November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the newly revised
Commission's Handbook on E-Filing, available on the Commission's Web
site at http://edis.usitc.gov.
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: January 17, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-1162 Filed 1-20-12; 8:45 am]
BILLING CODE 7020-02-P