[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Notices]
[Pages 33944-33945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15277]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-590 and 731-TA-1397 (Final)]
Sodium Gluconate, Gluconic Acid, and Derivative Products From
China; Scheduling of the Final Phase of Countervailing Duty and Anti-
Dumping 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 and countervailing duty investigation Nos.
701-TA-590 and 731-TA-1397 (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 sodium gluconate, gluconic acid, and
derivative products from China, provided for in statistical reporting
numbers 2918.16.1000, 2918.16.5010, and 2932.20.5020 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: July 2, 2018.
FOR FURTHER INFORMATION CONTACT: Robert Casanova ((202) 708-2719),
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 these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``all grades of sodium gluconate, gluconic
acid, liquid gluconate, and glucono delta lactone (GDL) (collectively,
GNA products), regardless of physical form (including, but not limited
to substrates; solutions; dry granular form or powders, regardless of
particle size; or as a slurry). The scope also includes GNA products
that have been blended or are in solution with other product(s) where
the resulting mix contains 35 percent or more of sodium gluconate,
gluconic acid, liquid gluconate, and/or GDL by dry weight. Sodium
gluconate has a molecular formula of NaC6H11O7.
Sodium gluconate has a Chemical Abstract Service (CAS) registry
number of 527-07-1, and can also be called ``sodium salt of gluconic
acid'' and/or sodium 2, 3, 4, 5, 6-pentahydroxyhexanoate. Gluconic acid
has a molecular formula of C6H12O7. Gluconic acid has a CAS registry
number of 526-95-4, and can also be called 2, 3, 4, 5, 6
pentahydroxycaproic acid. Liquid gluconate is a blend consisting only
of gluconic acid and sodium gluconate in an aqueous solution. Liquid
gluconate has CAS registry numbers of 527-07-1, 526-95-4, and 7732-18-
5, and can also be called 2, 3, 4, 5, 6-pentahydroxycaproic acid
hexanoate. GDL has a molecular formula of C6H10O6. GDL has a CAS
registry number of 90-80-2, and can also be called d-glucono-1, 5-
lactone.
The merchandise covered by the scope of this investigation is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under statistical reporting numbers 2918.16.1000,
2918.16.5010, and 2932.20.5020. Merchandise covered by
[[Page 33945]]
the scope may also enter under HTSUS statistical reporting numbers
2918.16.5050, 3824.99.2890, and 3824.99.9295. Although the HTSUS
subheadings and CAS registry numbers are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by the 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 sodium gluconate, gluconic acid, and derivative
products, 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). The investigations were requested in petitions filed on
November 30, 2018, by PMP Fermentation Products, Inc., Peoria,
Illinois.
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
September 5, 2018, 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 Tuesday,
September 18, 2018, 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 September 13, 2018. 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 September 14, 2018, 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 September 12, 2018. 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 September 25, 2018. 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 September 25, 2018. On October 10, 2018, 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 October 12, 2018, 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 website 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 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: July 12, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-15277 Filed 7-17-18; 8:45 am]
BILLING CODE 7020-02-P