Investigations: Cast Iron Soil Pipe Fittings From China, 42113-42114 [2017-18508]

Download as PDF Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES residential, recreational, religious or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop Tribal leasing regulations, including an environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into leases. The HEARTH Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department of the Interior’s (Department) leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the HEARTH Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Osage Nation. II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72,440, 72,447–48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under Tribal leasing regulations approved by the Federal government pursuant to the HEARTH Act. Section 5 of the Indian Reorganization Act, 25 U.S.C. 465, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). Similarly, section 465 preempts state taxation of rent payments by a lessee for leased trust lands, because ‘‘tax on the payment of rent is indistinguishable from an impermissible tax on the land.’’ See Seminole Tribe of Florida v. Stranburg, No. 14–14524, *13–*17, n.8 (11th Cir. 2015). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have VerDate Sep<11>2014 17:37 Sep 05, 2017 Jkt 241001 applied a balancing test to determine whether State and local taxation of nonIndians on the reservation is preempted. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker balancing test, which is conducted against a backdrop of ‘‘traditional notions of Indian selfgovernment,’’ requires a particularized examination of the relevant State, Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72,447–48, as supplemented by the analysis below. The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [Tribes] to approve leases quickly and efficiently.’’ Id. at 5–6. Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024, 2043 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding’’). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a Tribe that, as a result, might refrain from exercising its own sovereign right to impose a Tribal tax to support its infrastructure needs. See id. at 2043–44 (finding that State and local taxes greatly discourage Tribes from raising tax revenue from the same sources because the imposition of double taxation would impede Tribal economic growth). Similar to BIA’s surface leasing regulations, Tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See 25 U.S.C. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 42113 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with BIA surface leasing regulations). Furthermore, the Federal government remains involved in the Tribal land leasing process by approving the Tribal leasing regulations in the first instance and providing technical assistance, upon request by a Tribe, for the development of an environmental review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the Tribal regulations, including terminating the lease or rescinding approval of the Tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the Tribal regulations according to the Part 162 regulations. Accordingly, the Federal and Tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by Tribal leasing regulations or Part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Osage Nation. Dated: July 17, 2017. Michael S. Black, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2017–18852 Filed 9–5–17; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–583 and 731– TA–1381 (Preliminary)] Investigations: Cast Iron Soil Pipe Fittings From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of cast iron soil pipe fittings from China, provided for in subheading 7307.11.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\06SEN1.SGM 06SEN1 42114 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices value (‘‘LTFV’’) and to be subsidized by the government of China. Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. asabaliauskas on DSKBBXCHB2PROD with NOTICES Background On July 13, 2017, the Cast Iron Soil Pipe Institute, Mundelein, Illinois, filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV and subsidized imports of cast iron soil pipe fittings from China. Accordingly, effective July 13, 2017, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701–TA–583 and antidumping duty investigation No. 731–TA–1381 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of July 20, 2017 (82 FR 33515). The conference was held in Washington, DC, on August 3, 2017, and all persons who requested the VerDate Sep<11>2014 17:37 Sep 05, 2017 Jkt 241001 opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on August 28, 2017. The views of the Commission are contained in USITC Publication 4722 (September 2017), entitled Cast Iron Soil Pipe Fittings from China: Investigation Nos. 701–TA–583 and 731–TA–1381 (Preliminary). By order of the Commission. Issued: August 28, 2017. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2017–18508 Filed 9–5–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-esterified Triglyceride Form, DN 3247; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd. on August 30, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain synthetically produced, predominantly EPA omega-3 products in ethyl ester or re-esterified triglyceride form. The complaint names as respondents Royal DSM NV of The Netherlands; DSM Marine Lipids Peru S.A.C. of Peru; DSM Nutritional Products of Parsippany, NJ; DSM Nutritional Products Canada, Inc. of Canada; Ultimate Biopharma (Zhongshan) Corporation of China; Marine Ingredients AS of Norway; Marine Ingredients LLC of Bethel, PA; Golden Omega S.A. of Chile; Golden Omega USA LLC of Aliso Viejo, CA; Nordic Pharma, Inc. of Norway; Croda Europe Ltd. of The United Kingdom; Croda Inc. of Edison, NJ; Tecnologica de Alimentos S.A. of Peru; Nature’s Bounty of Ronkonkoma, NY; Nordic Naturals of Watsonville, CA; Pharmavite LLC of Northridge, CA; Innovix Pharma Inc. of Calabasas, CA and J.R. Carlson Laboratories, Inc. of Arlington Heights, IL. The complainant requests that the Commission issue a general exclusion order, a limited exclusion order, a cease and desist order, and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the SUPPLEMENTARY INFORMATION: E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42113-42114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18508]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-583 and 731-TA-1381 (Preliminary)]


Investigations: Cast Iron Soil Pipe Fittings From China

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of cast iron 
soil pipe fittings from China, provided for in subheading 7307.11.00 of 
the Harmonized Tariff Schedule of the United States, that are alleged 
to be sold in the United States at less than fair

[[Page 42114]]

value (``LTFV'') and to be subsidized by the government of China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations under sections 703(b) or 733(b) of 
the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) or 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
Industrial users, and, if the merchandise under investigation is sold 
at the retail level, representative consumer organizations have the 
right to appear as parties in Commission antidumping and countervailing 
duty investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On July 13, 2017, the Cast Iron Soil Pipe Institute, Mundelein, 
Illinois, filed a petition with the Commission and Commerce, alleging 
that an industry in the United States is materially injured or 
threatened with material injury by reason of LTFV and subsidized 
imports of cast iron soil pipe fittings from China. Accordingly, 
effective July 13, 2017, the Commission, pursuant to sections 703(a) 
and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted 
countervailing duty investigation No. 701-TA-583 and antidumping duty 
investigation No. 731-TA-1381 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of July 20, 2017 (82 FR 33515). The 
conference was held in Washington, DC, on August 3, 2017, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It 
completed and filed its determinations in these investigations on 
August 28, 2017. The views of the Commission are contained in USITC 
Publication 4722 (September 2017), entitled Cast Iron Soil Pipe 
Fittings from China: Investigation Nos. 701-TA-583 and 731-TA-1381 
(Preliminary).

    By order of the Commission.

    Issued: August 28, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-18508 Filed 9-5-17; 8:45 am]
 BILLING CODE 7020-02-P