Multilayered Wood Flooring From China, 66126-66127 [2010-27173]
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66126
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices
A copy of the final FLAG
Phase I Report—REVISED and the
accompanying Response to Public
Comments document can be
downloaded from the Internet at: https://
www.nature.nps.gov/air/permits/flag/
index.cfm.
A copy can also be obtained from
John Bunyak, Air Resources Division,
National Park Service, P.O. Box 25287,
Denver, Colorado 80225; e-mail:
john_bunyak@nps.gov.
FOR FURTHER INFORMATION CONTACT: John
Bunyak at the above address or by
calling (303) 969–2818.
ADDRESSES:
Dated: September 8, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and
Parks, Department of the Interior.
[FR Doc. 2010–27211 Filed 10–26–10; 8:45 am]
BILLING CODE P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–476 and 731–
TA–1179 (Preliminary)]
Multilayered Wood Flooring From
China
United States International
Trade Commission.
ACTION: Institution of antidumping and
countervailing duty investigations and
scheduling of preliminary phase
investigations.
AGENCY:
The Commission hereby gives
notice of the institution of investigations
and commencement of preliminary
phase antidumping and countervailing
duty investigations Nos. 701–TA–476
and 731–TA–1179 (Preliminary) under
sections 703(a) and 733(a) of the Tariff
Act of 1930 (19 U.S.C. 1671b(a) and
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 multilayered
wood flooring, provided for in
subheadings 4409.10, 4409.29, 4412.31,
4412.32, 4412.39, 4412.94, 4412.99,
4418.71, 4418.72, 4418.79.00, and
4418.90 of the Harmonized Tariff
Schedule of the United States, that are
alleged to be sold in the United States
at less than fair value and alleged to be
subsidized by the Government of China.
Unless the Department of Commerce
extends the time for initiation pursuant
to sections 702(c)(1)(B) or 732(c)(1)(B) of
the Act (19 U.S.C. 1671a(c)(1)(B) or
1673a(c)(1)(B)), the Commission must
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SUMMARY:
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17:00 Oct 26, 2010
Jkt 223001
reach a preliminary determination in
antidumping and countervailing duty
investigations in 45 days, or in this case
by December 6, 2010. The Commission’s
views are due at Commerce within five
business days thereafter, or by
December 13, 2010.
For further information concerning
the conduct of these investigations 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).
DATES: Effective Date: October 21, 2010.
FOR FURTHER INFORMATION CONTACT: Fred
Ruggles (202–205–3187 or
fred.ruggles@usitc.gov), 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.—These investigations
are being instituted in response to a
petition filed on October 21, 2010, on
behalf of the Coalition for American
Hardwood Parity (‘‘CAHP’’), an ad hoc
association of U.S. manufacturers of
multilayered wood flooring. The
following companies are members of the
CAHP: Anderson Hardwood Floors,
LLC, Fountain Inn, SC; Award
Hardwood Floors, Wausau, WI; Baker’s
Creek Wood Floors, Inc., Edwards, MS;
From the Forest, Weston, WI; Howell
Hardwood Flooring, Dothan, AL;
Mannington Mills, Inc., Salem, NJ;
Nydree Flooring, Forest, VA; and Shaw
Industries Group, Inc., Dalton, GA.
Participation in the investigations and
public service list.—Persons (other than
petitioners) wishing to participate in the
investigations 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
PO 00000
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Fmt 4703
Sfmt 4703
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 these investigations
upon the expiration of the period for
filing entries of appearance.
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 these investigations
available to authorized applicants
representing interested parties (as
defined in 19 U.S.C. 1677(9)) who are
parties to the investigations under the
APO issued in the investigations,
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 Investigations has scheduled
a conference in connection with these
investigations for 9:30 a.m. on
November 12, 2010, at the U.S.
International Trade Commission
Building, 500 E Street, SW.,
Washington, DC. Parties wishing to
participate in the conference should
contact Fred Ruggles (202–205–3187)
not later than November 9, 2010, to
arrange for their appearance. Parties in
support of the imposition of
countervailing and antidumping duties
in these investigations 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
November 16, 2010, a written brief
containing information and arguments
pertinent to the subject matter of the
investigations. 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
E:\FR\FM\27OCN1.SGM
27OCN1
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices
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 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 207.12 of the
Commission’s rules.
By order of the Commission.
Issued: October 21, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–27173 Filed 10–26–10; 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.
AGENCY:
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 2009 of breaches in
proceedings under title VII and section
337 of the Tariff Act of 1930. In
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SUMMARY:
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17:00 Oct 26, 2010
Jkt 223001
addition, there is a summary of rules
violation investigations completed in
2009. The Commission intends that this
report inform representatives of parties
to Commission proceedings as to some
specific types of APO breaches and
rules violations 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 Web site
(https://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Representatives of parties to
investigations or other proceedings
conducted under title VII of the Tariff
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
and rules violation investigations that
the Commission has completed during
calendar year 2009, including a
description of actions taken in response
to these breaches and rules violations.
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 (February 6, 1991); 57
FR 12335 (April 9, 1992); 58 FR 21991
(April 26, 1993); 59 FR 16834 (April 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); 72 FR 50119 (August 30, 2007);
73 FR 51843 (September 5, 2008); and
74 FR 54071 (October 21, 2009). This
report does not provide an exhaustive
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Fmt 4703
Sfmt 4703
66127
list of conduct that will be deemed to be
a breach of the Commission’s APOs.
APO breach inquiries are considered on
a case-by-case 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
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 decision making 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;
E:\FR\FM\27OCN1.SGM
27OCN1
Agencies
[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Pages 66126-66127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27173]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-476 and 731-TA-1179 (Preliminary)]
Multilayered Wood Flooring From China
AGENCY: United States International Trade Commission.
ACTION: Institution of antidumping and countervailing duty
investigations and scheduling of preliminary phase investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase antidumping and
countervailing duty investigations Nos. 701-TA-476 and 731-TA-1179
(Preliminary) under sections 703(a) and 733(a) of the Tariff Act of
1930 (19 U.S.C. 1671b(a) and 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 multilayered wood
flooring, provided for in subheadings 4409.10, 4409.29, 4412.31,
4412.32, 4412.39, 4412.94, 4412.99, 4418.71, 4418.72, 4418.79.00, and
4418.90 of the Harmonized Tariff Schedule of the United States, that
are alleged to be sold in the United States at less than fair value and
alleged to be subsidized by the Government of China. Unless the
Department of Commerce extends the time for initiation pursuant to
sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C.
1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a
preliminary determination in antidumping and countervailing duty
investigations in 45 days, or in this case by December 6, 2010. The
Commission's views are due at Commerce within five business days
thereafter, or by December 13, 2010.
For further information concerning the conduct of these
investigations 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).
DATES: Effective Date: October 21, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187 or
fred.ruggles@usitc.gov), 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.--These investigations are being instituted in response
to a petition filed on October 21, 2010, on behalf of the Coalition for
American Hardwood Parity (``CAHP''), an ad hoc association of U.S.
manufacturers of multilayered wood flooring. The following companies
are members of the CAHP: Anderson Hardwood Floors, LLC, Fountain Inn,
SC; Award Hardwood Floors, Wausau, WI; Baker's Creek Wood Floors, Inc.,
Edwards, MS; From the Forest, Weston, WI; Howell Hardwood Flooring,
Dothan, AL; Mannington Mills, Inc., Salem, NJ; Nydree Flooring, Forest,
VA; and Shaw Industries Group, Inc., Dalton, GA.
Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the
investigations 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 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 these investigations upon the
expiration of the period for filing entries of appearance.
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 these investigations available to authorized
applicants representing interested parties (as defined in 19 U.S.C.
1677(9)) who are parties to the investigations under the APO issued in
the investigations, 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 Investigations has
scheduled a conference in connection with these investigations for 9:30
a.m. on November 12, 2010, at the U.S. International Trade Commission
Building, 500 E Street, SW., Washington, DC. Parties wishing to
participate in the conference should contact Fred Ruggles (202-205-
3187) not later than November 9, 2010, to arrange for their appearance.
Parties in support of the imposition of countervailing and antidumping
duties in these investigations 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 November 16, 2010, a written brief containing information and
arguments pertinent to the subject matter of the investigations.
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
[[Page 66127]]
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 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 207.12 of the Commission's rules.
By order of the Commission.
Issued: October 21, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-27173 Filed 10-26-10; 8:45 am]
BILLING CODE 7020-02-P