Sodium Hexametaphosphate (Shmp) From China, 7458-7459 [E7-2676]

Download as PDF ycherry on PROD1PC64 with NOTICES 7458 Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices Investigations, U.S. International Trade Commission, telephone (202) 205–2572. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2006). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 5, 2007, Ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain NAND flash memory devices or components thereof, or products containing same, by reason of infringement of one or more of claims 2 and 5 of U.S. Patent No. 6,703,658; claims 1–4 of U.S. Patent No. 6,424,588; and claims 46–49 of U.S. Patent No. 5,627,782, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is—Toshiba Corporation, 1–1 Shibaura 1-Chome, Minato-Ku, Tokyo 105–8001 Japan. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Hynix Semiconductor Inc., San 136–1, Ami-Ri Bubal-eub, 1 chon-si, Kyoungki-do, Korea. Hynix Semiconductor America Inc., 3101 North First Street, San Jose, California 95134. (c) The Commission investigative attorney, party to this investigation, is Juan Cockburn, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–Q, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the VerDate Aug<31>2005 18:37 Feb 14, 2007 Jkt 211001 Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. Issued: February 9, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2605 Filed 2–14–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1110 (Preliminary)] Sodium Hexametaphosphate (Shmp) From China United States International Trade Commission. ACTION: Institution of antidumping investigation and scheduling of a preliminary phase investigation. AGENCY: SUMMARY: The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731–TA–1110 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that 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 from China of sodium hexametaphosphate (SHMP), provided for in subheading 2835.39.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by March 26, 2007. The Commission’s views are due at Commerce within five business days thereafter, or by April 2, 2007. For further information concerning the conduct of this investigation 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 B (19 CFR part 207). EFFECTIVE DATE: February 8, 2007. FOR FURTHER INFORMATION CONTACT: Debra Baker (202–205–3180), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired 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.—This investigation is being instituted in response to a petition filed on February 8, 2007, by ICL Performance Products, LP (St. Louis, MO) and Innophos, Inc. (Cranbury, NJ). Participation in the investigation and public service list.—Persons (other than petitioners) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. 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 investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an E:\FR\FM\15FEN1.SGM 15FEN1 ycherry on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices 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 this investigation available to authorized applicants representing interested parties (as defined in 19 U.S.C. § 1677(9)) who are parties to the investigation under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Operations has scheduled a conference in connection with this investigation for 9:30 a.m. on March 1, 2007, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Parties wishing to participate in the conference should contact Debra Baker (202–205–3180) not later than February 26, 2007, to arrange for their appearance. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before March 6, 2007, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 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, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II(C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must VerDate Aug<31>2005 18:37 Feb 14, 2007 Jkt 211001 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 207.12 of the Commission’s rules. By order of the Commission. Issued: February 12, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2676 Filed 2–14–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on February 5, 2007, a proposed consent decree (‘‘Consent Decree’’) in the matter of United States vs. Agrium U.S. Inc. and Royster-Clark, Inc., Civil Action No. 1–07–CV–0089, was lodged with the United States District Court for the Southern District of Ohio, Western Division. The Consent Decree would resolve claims of the United States against Agrium U.S. Inc. and Royster-Clark, Inc. (collectively ‘‘Defendants’’) asserted in a complaint filed against the Defendants pursuant to Sections 113(b) and 167 of the Clean Air Act (‘‘the Act’’), 42 U.S.C. 7413(b) and 7477, for injunctive relief and the assessment of civil penalties for violations at a nitric acid production facility located at 10743 Brower Road, Hamilton County, North Bend, Ohio (‘‘Facility’’) of: The Prevention of Significant Deterioration (‘‘PSD’’) provisions of the Act, 42 U.S.C. 7470– 92, and the PSD regulations incorporated into the federally approved and enforceable Ohio State Implementation Plan (‘‘Ohio SIP’’); the New Source Performance Standards (‘‘NSPS’’) of the Act, 42 U.S.C. 7411; the Title V Permit requirements of the Act, 42 U.S.C. 7661, et seq., and Title V’s implementing Federal (40 CFR Part 70) and Ohio regulations (OAC Chapter 3745–77); and the Ohio SIP Permit to Install requirements (OAC 3745–31– 02(A)). The proposed Consent Decree would require, among other things, that the Defendants: Install a selective catalytic reduction device and achieve specified emission limits to control the emissions of nitrogen oxides (‘‘NOx’’) from the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 7459 nitric acid plant at the Facility upon a schedule specified in the Consent Decree; install a continuous emissions monitoring system to measure NOx emissions at the Facility’s nitric acid plant; apply for a permit to install from Ohio’s permitting authorities incorporating various requirements of the Consent Decree and submit all necessary applications to revise the Facility’s Clean Air Act Title V operating permit to incorporate certain requirements specified in the Consent Decree; and, pay a civil penalty to the United States in the amount of $750,000.00. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044–7611, and should refer to United States v. Agrium U.S. Inc. and RoysterClark, Inc., DOJ Ref. 90–5–2–1–08469. The Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Ohio, 221 East 4th Street, Suite 400, Cincinnati, Ohio 45202 and at the offices of the United States Environmental Protection Agency, Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov, fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources, Division. [FR Doc. 07–688 Filed 2–14–07; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Pages 7458-7459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2676]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1110 (Preliminary)]


Sodium Hexametaphosphate (Shmp) From China

AGENCY: United States International Trade Commission.

ACTION: Institution of antidumping investigation and scheduling of a 
preliminary phase investigation.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the institution of an 
investigation and commencement of preliminary phase antidumping 
investigation No. 731-TA-1110 (Preliminary) under section 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that 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 from China of sodium hexametaphosphate 
(SHMP), provided for in subheading 2835.39.50 of the Harmonized Tariff 
Schedule of the United States, that are alleged to be sold in the 
United States at less than fair value. Unless the Department of 
Commerce extends the time for initiation pursuant to section 
732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must 
reach a preliminary determination in antidumping investigations in 45 
days, or in this case by March 26, 2007. The Commission's views are due 
at Commerce within five business days thereafter, or by April 2, 2007.
    For further information concerning the conduct of this 
investigation 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 B (19 CFR 
part 207).

EFFECTIVE DATE: February 8, 2007.

FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), 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.--This investigation is being instituted in response to 
a petition filed on February 8, 2007, by ICL Performance Products, LP 
(St. Louis, MO) and Innophos, Inc. (Cranbury, NJ).
    Participation in the investigation and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. 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 investigations. The Secretary will 
prepare a public service list containing the names and addresses of all 
persons, or their representatives, who are parties to this 
investigation upon the expiration of the period for filing entries of 
appearance.
    Limited disclosure of business proprietary information (BPI) under 
an

[[Page 7459]]

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 this investigation available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. Sec.  1677(9)) 
who are parties to the investigation under the APO issued in the 
investigation, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Operations has scheduled 
a conference in connection with this investigation for 9:30 a.m. on 
March 1, 2007, at the U.S. International Trade Commission Building, 500 
E Street SW., Washington, DC. Parties wishing to participate in the 
conference should contact Debra Baker (202-205-3180) not later than 
February 26, 2007, to arrange for their appearance. Parties in support 
of the imposition of antidumping duties in this investigation and 
parties in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.
    Written submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before March 6, 2007, a written brief containing information and 
arguments pertinent to the subject matter of the investigation. Parties 
may file written testimony in connection with their presentation at the 
conference no later than three days before the conference. If briefs or 
written testimony contain BPI, they must conform with the requirements 
of sections 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, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). Even where electronic filing of a document is 
permitted, certain documents must also be filed in paper form, as 
specified in II(C) of the Commission's Handbook on Electronic Filing 
Procedures, 67 FR 68168, 68173 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the 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 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: February 12, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-2676 Filed 2-14-07; 8:45 am]
BILLING CODE 7020-02-P
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