Multilayered Wood Flooring From China, 66126-66127 [2010-27173]

Download as PDF 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: http:// 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 srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 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 (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://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 Frm 00067 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 srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 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 (http://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 PO 00000 Frm 00068 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 http:// 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]


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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.

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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 (http://www.usitc.gov). The public record 
for these investigations may be viewed on the Commission's electronic 
docket (EDIS) at http://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