Sodium Nitrite From China and Germany, 24610-24611 [E8-9772]
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Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Notices
same basic facts and the same
confidential information.
been pending while they were
employees.
B. The Commission’s Experience
Conducting Reviews
Issued: April 29, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–9760 Filed 5–2–08; 8:45 am]
The earlier view that the records of
the review and underlying original
investigation would largely involve the
same basic facts and the same
confidential information was
necessarily formed without the benefit
of the Commission’s subsequent
experience. Since 1999, when the earlier
advisory opinion was issued by OGE,
the Commission has conducted more
than 175 reviews. With regard to the
factors outlined in OGE’s regulations
defining ‘‘same particular matter,’’ this
experience has shown that a review
differs in important respects from the
underlying original investigation.
Developments in the markets and
industries that occur during the lapse of
time between the original investigation
and the review are an especially
significant factor.
The Commission’s experience with
reviews has shown that although the
volume, price effect, and impact of the
imports on the industry before the order
was in place must be taken into account,
the key information frequently relied
upon to reach the required forwardlooking determination in a five-year
review regarding the likely volume,
price effect, and impact of the imports
on the domestic industry in the event of
revocation is the most current
information that is developed on the
record as part of the five-year review
process.
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C. In Conclusion
In accordance with the DAEO’s
interpretation of both the statute and the
Commission’s experience in five-year
reviews, which was confirmed in OGE’s
2008 Opinion (that a five-year review is
not the same particular matter as the
underlying original investigation),
appearances of former employees in
Commission five-year reviews will be
treated under 18 U.S.C. 207 as
appearances that are not in the same
particular matter as the underlying
investigation. In addition, the
Commission has traditionally applied
19 U.S.C. 201.15(b) consistently with
the application of 18 U.S.C. 207 and
will do so in this situation. Therefore,
a review will not be considered to be the
same matter as the underlying original
investigation pursuant to section
201.15(b). Consequently, former
employees no longer need to seek
approval from the Commission to
appear in a review even if the
underlying original investigation had
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BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–453 and 731–
TA–1136–1137 (Final)]
Sodium Nitrite From China and
Germany
United States International
Trade Commission.
ACTION: Scheduling of the final phase of
countervailing duty and antidumping
investigations.
AGENCY:
SUMMARY: The Commission hereby gives
notice of the scheduling of the final
phase of countervailing duty
investigation No. 701–TA–453 (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 Nos. 731–TA–1136–1137
(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-fairvalue imports from China and Germany
of sodium nitrite, provided for in
subheading 2834.10.10 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).
DATES: Effective Date: April 23, 2008.
FOR FURTHER INFORMATION CONTACT:
Dana Lofgren (202–205–3185), Office of
1 For purposes of these investigations, the
Department of Commerce has defined the subject
merchandise as ‘‘sodium nitrite in any form, at any
purity level. In addition, the sodium nitrite covered
by this investigation may or may not contain an
anti-caking agent. Examples of names commonly
used to reference sodium nitrite are nitrous acid,
sodium salt, anti-rust, diazotizing salts, erinitrit,
and filmerine. The chemical composition of sodium
nitrite is NaNO2.’’ Commerce has further indicated
that the American Chemical Society Chemical
Abstract Service (CAS) registry number is 7632–00–
0.
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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 sodium nitrite, and that
such products from China and Germany
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 a petition filed on
November 8, 2007, by General Chemical
LLC, of Parsippany, NJ.
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,
E:\FR\FM\05MYN1.SGM
05MYN1
rfrederick on PROD1PC67 with NOTICES
Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Notices
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 26, 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
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15:16 May 02, 2008
Jkt 214001
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
July 10, 2008. On August 4, 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 6, 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 FR
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.
Issued: April 29, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–9772 Filed 5–2–08; 8:45 am]
BILLING CODE 7020–02–P
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24611
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–645]
In the Matter of Certain Vein
Harvesting Surgical Systems and
Components Thereof; Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 1, 2008, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Maquet
Cardiovascular LLC of San Jose,
California. The complaint was
supplemented on April 22, 2008. The
complaint alleges violations of section
337 in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain vein harvesting
surgical systems and components
thereof by reason of infringement of
certain claims of U.S. Patent No. Re.
36,043 and U.S. Patent No. 6,830,546.
The complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and cease and desist
orders.
The complaint and
supplement, except for any confidential
information contained therein, are
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., Room 112, Washington, DC
20436, telephone 202–205–2000.
Hearing impaired individuals are
advised that information on this matter
can be obtained 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 at 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.
FOR FURTHER INFORMATION CONTACT: T.
Spence Chubb, Office of Unfair Import
ADDRESSES:
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05MYN1
Agencies
[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Notices]
[Pages 24610-24611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9772]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-453 and 731-TA-1136-1137 (Final)]
Sodium Nitrite From China and Germany
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-453 (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 Nos. 731-TA-
1136-1137 (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 and Germany of
sodium nitrite, provided for in subheading 2834.10.10 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 ``sodium nitrite in
any form, at any purity level. In addition, the sodium nitrite
covered by this investigation may or may not contain an anti-caking
agent. Examples of names commonly used to reference sodium nitrite
are nitrous acid, sodium salt, anti-rust, diazotizing salts,
erinitrit, and filmerine. The chemical composition of sodium nitrite
is NaNO2.'' Commerce has further indicated that the
American Chemical Society Chemical Abstract Service (CAS) registry
number is 7632-00-0.
---------------------------------------------------------------------------
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).
DATES: Effective Date: April 23, 2008.
FOR FURTHER INFORMATION CONTACT: Dana Lofgren (202-205-3185), 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 sodium nitrite, and that such
products from China and Germany 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 a petition filed on
November 8, 2007, by General Chemical LLC, of Parsippany, NJ.
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,
[[Page 24611]]
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 26, 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 August 4, 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 6, 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 FR 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.
Issued: April 29, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-9772 Filed 5-2-08; 8:45 am]
BILLING CODE 7020-02-P