[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78186-78187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26780]
[[Page 78186]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1313 (Final)]
1,1,1,2-Tetrafluoroethane (R-134a) from China; Scheduling of the
Final Phase of an Antidumping Duty Investigation
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 antidumping investigation No. 731-TA-1313 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') 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 imports of 1,1,1,2-
tetrafluoroethane (R-134a) from China, provided for in subheading
2903.39.20 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce to be sold at
less-than-fair-value.\1\
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as 1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of
form, type, or purity level. The chemical formula for 1,1,1,2-
Tetrafluoroethane is CF3CH2F, and the Chemical
Abstracts Service registry number is CAS 811-97-2.
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DATES: Effective Date: October 7, 2016.
FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), 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.--The final phase of this investigation is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by the Department of Commerce that imports of 1,1,1,2-
tetrafluoroethane (R-134a) from China 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). The investigation was requested in a petition
filed on March 3, 2016, by the American HFC Coalition and its
individual members (Amtrol, Inc., West Warwick, Rhode Island; Arkema,
Inc., King of Prussia, Pennsylvania; The Chemours Company FC LLC,
Wilmington, Delaware; Honeywell International Inc., Morristown, New
Jersey; Hudson Technologies, Pearl River, New York; Mexichem Fluor
Inc., St. Gabriel, Louisiana; and Worthington Industries, Inc.,
Columbus, Ohio) and District Lodge 154 of the International Association
of Machinists and Aerospace Workers.
For further information concerning the conduct of this phase of the
investigation, 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).
Participation in the investigation 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 this
investigation 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 investigation 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
investigation.
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 this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation. A party granted access
to BPI in the preliminary phase of the investigation 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
this investigation will be placed in the nonpublic record on February
8, 2017, 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 this investigation beginning at 9:30 a.m. on Thursday,
February 23, 2017, 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 February 16, 2017. 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 February 21, 2017, 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 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 February 15, 2017. 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 2, 2017. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the subject of the investigation,
including statements of support or opposition to the petition, on or
before March 2, 2017. On March 17, 2017, 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 March 21, 2017, but such final comments must
not contain new factual information and must otherwise comply
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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 Web site 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 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.
Authority: This investigation is 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 1, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-26780 Filed 11-4-16; 8:45 am]
BILLING CODE 7020-02-P