Certain Off-the-Road Tires From China; Determination, 51842-51843 [E8-20532]

Download as PDF 51842 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices TABLE 1—EVALUATION OF AREAS OF CRITICAL ENVIRONMENTAL CONCERN—Continued Values of concern Resource use limitations San Juan River .............. Scenic, Cultural, Wildlife, Natural Systems. Valley of the Gods ......... mstockstill on PROD1PC66 with NOTICES ACEC Scenic ........................... Vehicle access, including OHVs/mechanized, limited to designated routes; unavailable for private/commercial use of woodland products except for limited on-site collection of dead wood for campfires, driftwood collection only would be allowed within floodplains; available for livestock use October 1–May 31 and must incorporate rest-rotation and/or deferred management systems; available for oil and gas leasing subject to No Surface Occupancy; unavailable for mineral material disposal; recommended for withdrawal from locatable mineral entry; limit recreation use if wildlife values are being adversely impacted; closed to camping in areas as necessary to protect cultural, wildlife and natural processes; managed as VRM I (parts) and VRM II (parts) and VRM III (parts); designated access trails to cultural sites as necessary to protect cultural resources; no camping in cultural sites; and ropes and other climbing aids not allowed for access to ruins, cultural sites, and nesting raptors. Unavailable for mineral leasing; unavailable for mineral material disposal; OHV use limited to designated roads and trails; managed as VRM I and unavailable for private/commercial use of woodland products. Comments on the Monticello Field Office DRMP/DEIS received from the public and internal BLM review were considered and incorporated as appropriate into the PRMP/FEIS. Public comments resulted in the addition of clarifying text, but did not significantly change proposed land use plan decisions. Instructions for filing a protest with the Director of the BLM regarding the PRMP/FEIS may be found in the Dear Reader Letter of the PRMP/FEIS and at 43 CFR 1610.5–2. E-mailed and faxed protests will not be accepted as valid protests unless the protesting party also provides the original letter by either regular or overnight mail postmarked by the close of the protest period. Under these conditions, the BLM will consider the e-mailed or faxed protest as an advance copy and it will receive full consideration. If you wish to provide the BLM with such advance notification, please direct faxed protests to the attention of the BLM protest coordinator at 202–452–5112, and e-mails to Brenda_HudgensWilliams@blm.gov. All protests, including the follow-up letter (if emailing or faxing) must be in writing and mailed to the appropriate address, as set forth in the ADDRESSES section above. Before including your phone number, e-mail address, or other personal identifying information in your protest, you should be aware that your entire protest—including your personal identifying information—may be made publicly available at any time. While you can ask us in your protest to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. VerDate Aug<31>2005 18:40 Sep 04, 2008 Jkt 214001 Authority: 40 CFR 1506.6, 43 CFR 1610.2, 43 CFR 1610.5–1 Selma Sierra, Utah State Director. [FR Doc. E8–20670 Filed 9–4–08; 8:45 am] BILLING CODE 4310–DQ–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–448 and 731– TA–1117 (Final)] Certain Off-the-Road Tires From China; Determination On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 705(b) and 735(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from China of certain off-the-road tires, provided for in subheadings 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, that have been found by the Department of Commerce (Commerce) to be subsidized by the Government of China and sold in the United States at less than fair value (LTFV).2 3 1 The record is defined in section 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Vice Chairman Daniel R. Pearson dissenting. 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the antidumping duty order on China. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Acres 5,258 22,863 Background The Commission instituted these investigations effective June 18, 2007, following receipt of a petition filed with the Commission and Commerce by Titan Tire Corporation, Des Moines, Iowa, and The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO– CLC, Pittsburgh, PA. The final phase of the investigations was scheduled by the Commission following notification of a preliminary determination by Commerce that imports of certain offthe-road tires from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing 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 March 3, 2008 (73 FR 11437). The hearing was held in Washington, DC, on July 8 and 9, 2008, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in these investigations to the Secretary of Commerce on August 28, 2008. The views of the Commission are contained in USITC Publication 4031 (August 2008), entitled Certain Off-The-Road Tires from China: Investigation Nos. 701–TA–448 and 731–TA–1117 (Final). Issued: August 29, 2008. E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–20532 Filed 9–4–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Summary of Commission Practice Relating to Administrative Protective Orders U.S. International Trade Commission. ACTION: Summary of Commission practice relating to administrative protective orders. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Since February 1991, the U.S. International Trade Commission (‘‘Commission’’) has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (‘‘APOs’’) in investigations under Title VII of the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under Title VII and violations of the Commission’s rules including the rule on bracketing business proprietary information (‘‘BPI’’) (the ‘‘24-hour rule’’), 19 CFR 207.3(c). This notice provides a summary of investigations completed during calendar year 2007 of breaches in proceedings under Title VII and section 337 of the Tariff Act of 1930, the only proceedings in which investigations of breaches were completed during the year. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken. FOR FURTHER INFORMATION CONTACT: Carol McCue Verratti, Esq., Office of the General Counsel, U.S. International Trade Commission, telephone (202) 205–3088. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal at (202) 205–1810. General information concerning the Commission can also be obtained by accessing its Internet server (https://www.usitc.gov). SUPPLEMENTARY INFORMATION: Representatives of parties to investigations or other proceedings conducted under Title VII of the Tariff VerDate Aug<31>2005 18:40 Sep 04, 2008 Jkt 214001 Act of 1930, sections 202 and 204 of the Trade Act of 1974, section 421 of the Trade Act of 1974, section 337 of the Tariff Act of 1930, and North American Free Trade Agreement (NAFTA) Article 1904.13, 19 U.S.C. 1516a(g)(7)(A) may enter into APOs that permit them, under strict conditions, to obtain access to BPI (Title VII) or confidential business information (‘‘CBI’’) (section 421, sections 201–204, and section 337) of other parties. See 19 U.S.C. 1677f; 19 CFR 207.7; 19 CFR 207.100, et seq.; 19 U.S.C. 2252(i); 19 U.S.C. 2451a(b)(3); 19 CFR 206.17; 19 U.S.C. 1337(n); 19 CFR 210.5, 210.34. The discussion below describes APO breach investigations that the Commission has completed during calendar year 2007, including a description of actions taken in response to these breaches. Since 1991, the Commission has published annually a summary of its actions in response to violations of Commission APOs and the 24-hour rule. See 56 FR 4846 (Feb. 6, 1991); 57 FR 12335 (Apr. 9, 1992); 58 FR 21991 (Apr. 26, 1993); 59 FR 16834 (Apr. 8, 1994); 60 FR 24880 (May 10, 1995); 61 FR 21203 (May 9, 1996); 62 FR 13164 (March 19, 1997); 63 FR 25064 (May 6, 1998); 64 FR 23355 (April 30, 1999); 65 FR 30434 (May 11, 2000); 66 FR 27685 (May 18, 2001); 67 FR 39425 (June 7, 2002); 68 FR 28256 (May 23, 2003); 69 FR 29972 (May 26, 2004); 70 FR 42382 (July 25, 2005); 71 FR 39355 (July 12, 2006); and 72 FR 50119 (August 30, 2007). This report does not provide an exhaustive list of conduct that will be deemed to be a breach of the Commission’s APOs. APO breach inquiries are considered on a case-bycase basis. As part of the effort to educate practitioners about the Commission’s current APO practice, the Commission Secretary issued in March 2005 a fourth edition of An Introduction to Administrative Protective Order Practice in Import Injury Investigations (Pub. No. 3755). This document is available upon request from the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, tel. (202) 205–2000 and on the Commission’s Web site at https:// www.usitc.gov. I. In General The current APO form for antidumping and countervailing duty investigations, which was revised in March 2005, requires the applicant to swear that he or she will: (1) Not divulge any of the BPI disclosed under this APO or otherwise obtained in this investigation and not PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 51843 otherwise available to him or her, to any person other than— (i) Personnel of the Commission concerned with the investigation, (ii) The person or agency from whom the BPI was obtained, (iii) A person whose application for disclosure of BPI under this APO has been granted by the Secretary, and (iv) Other persons, such as paralegals and clerical staff, who (a) are employed or supervised by and under the direction and control of the authorized applicant or another authorized applicant in the same firm whose application has been granted; (b) have a need thereof in connection with the investigation; (c) are not involved in competitive decisionmaking for an interested party which is a party to the investigation; and (d) have signed the acknowledgment for clerical personnel in the form attached hereto (the authorized applicant shall also sign such acknowledgment and will be deemed responsible for such persons’ compliance with this APO); (2) Use such BPI solely for the purposes of the above-captioned Commission investigation or for judicial or binational panel review of such Commission investigation; (3) Not consult with any person not described in paragraph (1) concerning BPI disclosed under this APO or otherwise obtained in this investigation without first having received the written consent of the Secretary and the party or the representative of the party from whom such BPI was obtained; (4) Whenever materials e.g., documents, computer disks, etc. containing such BPI are not being used, store such material in a locked file cabinet, vault, safe, or other suitable container (N.B.: Storage of BPI on socalled hard disk computer media is to be avoided, because mere erasure of data from such media may not irrecoverably destroy the BPI and may result in violation of paragraph C of this APO); (5) Serve all materials containing BPI disclosed under this APO as directed by the Secretary and pursuant to section 207.7(f) of the Commission’s rules; (6) Transmit each document containing BPI disclosed under this APO: (i) With a cover sheet identifying the document as containing BPI, (ii) With all BPI enclosed in brackets and each page warning that the document contains BPI, (iii) If the document is to be filed by a deadline, with each page marked ‘‘Bracketing of BPI not final for one business day after date of filing,’’ and E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Notices]
[Pages 51842-51843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20532]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-448 and 731-TA-1117 (Final)]


Certain Off-the-Road Tires From China; Determination

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to sections 705(b) and 735(b) of the 
Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act), that an 
industry in the United States is materially injured by reason of 
imports from China of certain off-the-road tires, provided for in 
subheadings 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, that 
have been found by the Department of Commerce (Commerce) to be 
subsidized by the Government of China and sold in the United States at 
less than fair value (LTFV).\2\ \3\
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    \1\ The record is defined in section 207.2(f) of the 
Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Vice Chairman Daniel R. Pearson dissenting.
    \3\ The Commission also finds that imports subject to Commerce's 
affirmative critical circumstances determination are not likely to 
undermine seriously the remedial effect of the antidumping duty 
order on China.
---------------------------------------------------------------------------

Background

    The Commission instituted these investigations effective June 18, 
2007, following receipt of a petition filed with the Commission and 
Commerce by Titan Tire Corporation, Des Moines, Iowa, and The United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO-CLC, 
Pittsburgh, PA. The final phase of the investigations was scheduled by 
the Commission following notification of a preliminary determination by 
Commerce that imports of certain off-the-road tires from China were 
being sold at LTFV within the meaning of section 733(b) of the Act (19 
U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the 
Commission's investigations and of a public hearing 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 
March 3, 2008 (73 FR 11437). The hearing was held in Washington, DC, on 
July 8 and 9, 2008, and all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The Commission transmitted its determination in these 
investigations to the Secretary of Commerce on August 28, 2008. The 
views of the Commission are contained in USITC Publication 4031 (August 
2008), entitled Certain Off-The-Road Tires from China: Investigation 
Nos. 701-TA-448 and 731-TA-1117 (Final).

    Issued: August 29, 2008.


[[Page 51843]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-20532 Filed 9-4-08; 8:45 am]
BILLING CODE 7020-02-P
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