[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Notices]
[Pages 13503-13504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04825]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1334-1337 (Final)]
Emulsion Styrene-Butadiene Rubber From Brazil, Korea, Mexico, and
Poland; Scheduling of the Final Phase of Antidumping Duty
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 antidumping investigation Nos. 731-TA-1334-1337 (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 emulsion
styrene-butadiene rubber from Brazil, Korea, Mexico, and Poland,
provided for in subheading 4002.19.00 of the Harmonized Tariff Schedule
of the United States, preliminarily determined by the Department of
Commerce to be sold at less-than-fair-value.
DATES: Effective February 24, 2017.
FOR FURTHER INFORMATION CONTACT: Nathanael Comly
([email protected]; (202) 205-3174), 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
[[Page 13504]]
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:
Background.--The final phase of these investigations is being
scheduled,\1\ pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of affirmative preliminary determinations
by the Department of Commerce that imports of emulsion styrene-
butadiene rubber from Brazil, Korea, Mexico, and Poland 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 investigations were
requested in a petition filed on July 21, 2016, by Lion Elastomers LLC
(Port Neches, Texas) and East West Copolymer, LLC (Baton Rouge,
Louisiana).
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as cold-polymerized
emulsion styrene-butadiene rubber (ESB rubber). This includes, but
is not limited to, ESB rubber in primary forms, bales, granules,
crumbs, pellets, powders, plates, sheets, strip, etc. ESB rubber
consists of non-pigmented rubbers and oil-extended non-pigmented
rubbers, both of which contain at least one percent of organic acids
from the emulsion polymerization process. For a full description of
the scope of these investigations, including product exclusions, see
Emulsion Styrene-Butadiene Rubber From Brazil: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 82 FR 11538,
February 24, 2017.
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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 and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
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 June 15,
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 these investigations beginning at 9:30 a.m. on Thursday,
June 29, 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 June 23, 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 June 26, 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 June 22, 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 July 7, 2017. 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 July 7, 2017. On July 28, 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 August 1, 2017, 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 Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 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.
Issued: March 7, 2017.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04825 Filed 3-10-17; 8:45 am]
BILLING CODE 7020-02-P