Certain Off-The-Road Tires From China, 11439-11440 [E8-3977]
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–610]
In the Matter of Certain Endodontic
Instruments; Notice of Commission
Determination Not To Review Initial
Determination Granting Complainant’s
Motion To Terminate the Investigation
Based on Withdrawal of the Complaint
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the initial determination (‘‘ID’’)
(Order No. 12) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion to
terminate the investigation based on
withdrawal of the complaint in the
above-captioned investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’).
rmajette on PROD1PC64 with NOTICES
FOR FURTHER INFORMATION CONTACT:
James A. Worth, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3065. Copies of non-confidential
documents filed in connection with this
investigation are or 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 (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. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: On July 6,
2007, the Commission instituted the
above-captioned investigation based
upon a complaint filed June 5, 2007,
and supplemented June 22, 2007, on
behalf of Dentsply International Inc.
(York, Pennsylvania) (‘‘Dentsply’’). 72
FR 37051 (July 6, 2007). The complaint
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 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 endodontic
instruments by reason of infringement
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
of claims 1, 2, 3, and 5 of U.S. Patent
Nos. 5,628,674 and claim 2 of U.S.
Patent No. 6,206,695. The complaint
named as respondents Guidance
Endodontics, LLC (Albuquerque, New
Mexico) (‘‘Guidance’’) and Micro Mega
International Manufactures (Besancon
cedex, France) (‘‘Micro Mega’’).
On January 25, 2008, Dentsply filed a
motion to terminate the investigation
based on withdrawal of the complaint.
The motion stated that Micro Mega does
not oppose the motion. On February 4,
2008, Guidance stated that it did not
oppose the motion. On February 6,
2008, the Commission investigative
attorney filed a response in support of
the motion.
On February 6, 2008, the ALJ issued
the subject ID (Order No. 12) granting
complainant’s motion to terminate the
investigation based on withdrawal of
the complaint, pursuant to Commission
Rule 210.21(a)(1). No petitions for
review of the ID were filed. The
Commission has determined not to
review the subject ID. This action is
taken under the authority of section 337
of the Tariff Act of 1930, as amended
(19 U.S.C. 1337), and sections 210.41(a)
and 210.42(h)(3), of the Commission’s
Rules of Practice and Procedure (19 CFR
210.41(a), 210.42(h)(3)).
By order of the Commission.
Issued: February 25, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–3976 Filed 2–29–08; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–448 and 731–
TA–1117 (Final)]
Certain Off-The-Road Tires From China
United States International
Trade Commission.
ACTION: Scheduling of the final phase of
countervailing duty and antidumping
investigations.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of countervailing duty
investigation No. 701–TA–448 (Final)
under section 705(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)) (the Act) and
the final phase of antidumping
investigation No. 731–TA–1117 (Final)
under section 735(b) of the Act (19
U.S.C. 1673d(b)) 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
SUMMARY:
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Fmt 4703
Sfmt 4703
11439
materially retarded, by reason of
subsidized and less-than-fair-value
imports from China of certain off-theroad tires, provided for in subheading
4011.20.10, 4011.20.50, 4011.61.00,
4011.62.00, 4011.63.00, 4011.69.00,
4011.92.00, 4011.93.40, 4011.93.80,
4011.94.40, and 4011.94.80 of the
Harmonized Tariff Schedule of the
United States.1
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 20, 2008.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Haines (202–205–3200), 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
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
as a result of affirmative preliminary
determinations by the Department of
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 certain off-the-road tires,
and that such products are being sold in
the United States at less than fair value
within the meaning of section 733 of the
1 For purposes of these investigations, the
Department of Commerce has defined the subject
merchandise as new pneumatic tires designed for
off-the-road (‘‘OTR’’) and off-highway use, subject
to exceptions identified in Commerce’s Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination (73 FR 9278,
February 20, 2008). Certain OTR tires are generally
designed, manufactured and offered for sale for use
on off-road or off-highway surfaces, including but
not limited to, agricultural fields, forests,
construction sites, factory and warehouse interiors,
airport tarmacs, ports and harbors, mines, quarries,
gravel yards, and steel mills. The vehicles and
equipment for which certain OTR tires are designed
are used in hauling, towing, lifting, and/or loading
a wide variety of equipment and materials in
agricultural, construction and industrial settings.
E:\FR\FM\03MRN1.SGM
03MRN1
rmajette on PROD1PC64 with NOTICES
11440
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
Act (19 U.S.C. 1673b). The
investigations were requested in a
petition filed on June 18, 2007, by Titan
Tire Corporation (Des Moines, IA) and
The United Steelworkers (Pittsburgh,
PA).
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 18, 2008, 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 July 2, 2008, 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 25, 2008. A nonparty who
has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
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 June 30, 2008,
at the U.S. International Trade
Commission Building. 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 25, 2008. 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 10, 2008;
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,
including statements of support or
opposition to the petition, on or before
July 10, 2008. On July 31, 2008, 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 4, 2008, 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
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
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
Electronic Filing Procedures, 67 Fed.
Reg. 68168, 68173 (November 8, 2002).
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: February 27, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–3977 Filed 2–29–08; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–990 (Review)]
Non-Malleable Cast Iron Pipe Fittings
From China
United States International
Trade Commission.
ACTION: Institution of a five-year review
concerning the antidumping duty order
on non-malleable cast iron pipe fittings
from China.
AGENCY:
SUMMARY: The Commission hereby gives
notice that it has instituted a review
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the Act)
to determine whether revocation of the
antidumping duty order on nonmalleable cast iron pipe fittings from
China would be likely to lead to
continuation or recurrence of material
injury. Pursuant to section 751(c)(2) of
the Act, interested parties are requested
to respond to this notice by submitting
the information specified below to the
Commission;1 to be assured of
1 No response to this request for information is
required if a currently valid Office of Management
and Budget (OMB) number is not displayed; the
OMB number is 3117–0016/USITC No. 08–5–180,
expiration date June 30, 2008. Public reporting
burden for the request is estimated to average 10
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11439-11440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3977]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-448 and 731-TA-1117 (Final)]
Certain Off-The-Road Tires From China
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-448 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigation No. 731-TA-
1117 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) 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
subsidized and less-than-fair-value imports from China of certain off-
the-road tires, provided for in subheading 4011.20.10, 4011.20.50,
4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40,
4011.93.80, 4011.94.40, and 4011.94.80 of the Harmonized Tariff
Schedule of the United States.\1\
---------------------------------------------------------------------------
\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as new pneumatic tires
designed for off-the-road (``OTR'') and off-highway use, subject to
exceptions identified in Commerce's Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination (73 FR 9278, February 20, 2008). Certain OTR tires are
generally designed, manufactured and offered for sale for use on
off-road or off-highway surfaces, including but not limited to,
agricultural fields, forests, construction sites, factory and
warehouse interiors, airport tarmacs, ports and harbors, mines,
quarries, gravel yards, and steel mills. The vehicles and equipment
for which certain OTR tires are designed are used in hauling,
towing, lifting, and/or loading a wide variety of equipment and
materials in agricultural, construction and industrial settings.
---------------------------------------------------------------------------
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 20, 2008.
FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200),
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:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of 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
certain off-the-road tires, and that such products are being sold in
the United States at less than fair value within the meaning of section
733 of the
[[Page 11440]]
Act (19 U.S.C. 1673b). The investigations were requested in a petition
filed on June 18, 2007, by Titan Tire Corporation (Des Moines, IA) and
The United Steelworkers (Pittsburgh, PA).
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 18,
2008, 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 July 2,
2008, 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 25, 2008. 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 June 30,
2008, at the U.S. International Trade Commission Building. 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 25, 2008. 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 10, 2008; 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, including statements of support or opposition to the
petition, on or before July 10, 2008. On July 31, 2008, 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 4, 2008, 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 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 Fed. Reg. 68168, 68173 (November 8,
2002).
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: February 27, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-3977 Filed 2-29-08; 8:45 am]
BILLING CODE 7020-02-P