[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Notices]
[Pages 6679-6680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3272]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-383 (Final) and 731-TA-805 (Final)]
Elastic Rubber Tape From India
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-805 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b)) (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 less-than-fair-value imports from India of
elastic rubber tape, provided for in subheading 4008.21.00 of the
Harmonized Tariff Schedule of the United States.1 Section
207.21(b) of the Commission's rules provides that, where the Department
of Commerce has issued a negative preliminary determination, the
Commission will not publish a notice of scheduling of the final phase
of its investigation unless and until it receives an affirmative final
determination from Commerce. Although the Department of Commerce has
preliminarily determined that countervailable subsidies are not being
provided to producers and exporters of elastic rubber tape from India,
for purposes of efficiency the Commission hereby waives rule 207.21(b)
and gives notice of the scheduling of the final phase of countervailing
duty investigation No. 701-TA-383 (Final) under section 705(b) of the
Act (19 U.S.C. Sec. 1671d(b)). The Commission is taking this action so
that the final phases of the countervailing duty and antidumping
investigations may proceed concurrently in the event that Commerce
makes an affirmative final countervailing duty determination. If
[[Page 6680]]
Commerce makes a final negative countervailing duty determination, the
Commission will terminate its countervailing duty investigation under
section 705(c)(2) of the Act (19 U.S.C. Sec. 1671d(c)(2)), and section
207.21(d) of the Commission's rules.
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\1\ For purposes of these investigations, Commerce has defined
the subject merchandise as vulcanized, non-cellular rubber strips,
of either natural or synthetic rubber, 0.006 inch to 0.100 inch
(0.15mm to 2.54mm) in thickness, and \1/8\ inch to 1\5/8\ inches
(3mm to 42mm) in width. Such product is generally used in swimwear
and underwear.
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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).
EFFECTIVE DATE: February 2, 1999.
FOR FURTHER INFORMATION CONTACT: Charles Yost (202-205-3432), 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).
SUPPLEMENTARY INFORMATION:
Background.--The final phase of the antidumping investigation is
being scheduled as a result of an affirmative preliminary determination
by the Department of Commerce that imports of elastic rubber tape from
India 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. Sec. 1673b).
The final phase of the countervailing duty investigation is being
scheduled, under waiver of Sec. 207.21(b), discussed above, for
purposes of efficiency. The investigations were requested in a petition
filed on August 18, 1998, by counsel for Fulflex, Inc., Middletown, RI;
and two subsidiaries of M-Tec Corp., Elastomer Technologies Group,
Inc., Stuart, VA, and RM Engineered Products, Inc., North Charleston,
SC (together referred to as ``Elastotec'').
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 Sec. 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.
Sec. 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 7,
1999, and a public version will be issued thereafter, pursuant to
Sec. 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 April 20,
1999, 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 12, 1999. 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 14, 1999, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by Secs. 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 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 Sec. 207.23 of the Commission's rules;
the deadline for filing is April 14, 1999. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is April
28, 1999; 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
on or before April 28, 1999. On May 17, 1999, 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 19, 1999, but such final comments must not
contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Secs. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's rules do not authorize filing of submissions
with the Secretary by facsimile or electronic means.
In accordance with Secs. 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 Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: February 3, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-3272 Filed 2-9-99; 8:45 am]
BILLING CODE 7020-02-P