Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review: Additions and Competitive Need Limitation Waivers; Institution of Investigation and Scheduling of Hearing, 5205-5207 [2013-01389]
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Notices
finding is available from the National
NAGPRA Program upon request
(NAGPRA_Info@nps.gov).
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–11688; 2200–1100–
665]
Native American Graves Protection
and Repatriation Review Committee
Findings Related to the Return of
Cultural Items in the Possession of the
Alaska State Museum, Juneau, AK
National Park Service, Interior.
Native American Graves
Protection and Repatriation Review
Committee: Findings.
AGENCY:
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ACTION:
This notice is published as part of the
National Park Service’s administrative
responsibilities pursuant to the Native
American Graves Protection and
Repatriation Act (25 U.S.C. 3006 (g)).
The recommendations, findings and
actions of the Review Committee
associated with this dispute are
advisory only and not binding on any
person. These advisory findings and
recommendations do not necessarily
represent the views of the National Park
Service or Secretary of the Interior. The
National Park Service and the Secretary
of the Interior have not taken a position
on these matters.
SUMMARY: The Native American Graves
Protection and Repatriation Review
Committee (Review Committee) was
established by Section 8 of the Native
American Graves Protection and
Repatriation Act (NAGPRA; 25 U.S.C.
3006), and is an advisory body governed
by the Federal Advisory Committee Act
(5 App. U.S.C. 1–16). At a November
17–19, 2010 public meeting in
Washington, DC, and acting pursuant to
its statutory responsibility to convene
the parties to a dispute relating to the
return of cultural items, and to facilitate
the resolution of such a dispute, the
Review Committee heard a dispute
between the Wrangell Cooperative
Association, joined by Sealaska
Corporation, and the Alaska State
Museum. The issue before the Review
Committee was whether, in response to
a request for the repatriation of a
cultural item in the possession of the
Alaska State Museum, the Alaska State
Museum presented evidence proving
that the Museum has a ‘‘right of
possession’’ to the cultural item, as this
term is defined in the NAGPRA
regulations. The Review Committee
found that the Alaska State Museum
had not presented evidence proving that
the Museum has a ‘‘right of possession’’
to the cultural item. The Review
Committee meeting transcript
containing the dispute proceedings and
Review Committee deliberation and
VerDate Mar<15>2010
15:12 Jan 23, 2013
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Since
´
´
1969, a Tlingit Teeyhıttaan Clan Yeil
aan Kaawu Naa s’aaxw, or Leader of all
Raven Clan Hat (Clan Hat), has been in
the ‘‘possession’’ of the Alaska State
Museum, as this term is defined in the
NAGPRA regulations (43 CFR
10.2(a)(3)(i)). Pursuant to NAGPRA, in
2008, Sealaska Corporation requested
the repatriation of the Clan Hat. (On
August 13, 2010, the Wrangell
Cooperative Association, an Alaska
Native village, became a party to the
repatriation request.) The request
identified the Clan Hat as a ‘‘sacred
object’’ and an object of ‘‘cultural
patrimony,’’ as these terms are defined
in NAGPRA (25 U.S.C. 3001 (3)(C) and
(D)). While acknowledging that the Clan
Hat is a sacred object and an object of
cultural patrimony, the Alaska State
Museum asserted the ‘‘right of
possession’’ to the Clan Hat, as defined
in the NAGPRA regulations (43 CFR
10.10(a)(2)).
Disputing the Alaska State Museum’s
claim of right of possession to the Clan
Hat, Sealaska Corporation and the
Wrangell Cooperative Association
joined in asking the Review Committee
to facilitate the resolution of the dispute
between themselves and the Alaska
State Museum. The Designated Federal
Official for the Review Committee
agreed to the request.
At its November 17–19, 2010 meeting,
the Review Committee considered the
dispute. The issue before the Review
Committee was whether, in response to
the request for the repatriation of the
Clan Hat, the Alaska State Museum
presented evidence proving, by a
preponderance of the evidence, that the
Museum has a ‘‘right of possession’’ to
the Clan Hat. As defined in the
NAGPRA regulations, ‘‘ ‘right of
possession’ means possession obtained
with the voluntary consent of an
individual or group that had authority
of alienation.’’ Right of possession to the
Clan Hat, therefore, would be deemed to
have been given to the Alaska State
Museum if, at the time the Museum
acquired possession of the Clan Hat
´
from the Tlingit Teeyhıttaan Clan, the
transferor consented to transfer
possession, the transferor’s consent was
voluntary, and the transferor had the
authority to alienate the Clan Hat to the
Museum.
Findings of Fact: Five Review
Committee members participated in the
fact finding. Two of the Review
Committee members were self-recused.
By a vote of five to zero, the Review
SUPPLEMENTARY INFORMATION:
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Committee found that the Alaska State
Museum had not proved by a
preponderance of the evidence that the
Museum has the right of possession to
the Clan Hat. In addition, the Review
Committee made specific findings
related to the transferor’s consent to
transfer possession of the Clan Hat, the
voluntariness of the transferor’s consent,
and the authority of the transferor to
alienate the Clan Hat to the Alaska State
Museum. By a vote of five to zero, the
Review Committee found that the
Alaska State Museum had proved, more
likely than not, that the conveyor of the
Clan Hat to the Alaska State Museum
had consented to transfer possession of
the Clan Hat to the Museum. By a vote
of three to one (there was one
abstention), the Review Committee
found that the Alaska State Museum
had not proved, more likely than not,
that the consent of the conveyor to
transfer possession of the Clan Hat to
the Alaska State Museum was
voluntary. By a vote of four to zero
(there was one abstention), the Review
Committee found that the Alaska State
Museum had not proved, more likely
than not, that the Indian tribe culturally
affiliated with the Clan Hat explicitly
authorized the conveyor of the Clan Hat
to separate the Clan Hat from the tribe.
Finally, by a vote of four to zero (there
was one abstention), the Review
Committee found that the Alaska State
Museum had not proved, more likely
than not, that the Indian tribe culturally
affiliated with the Clan Hat intended to
give the conveyor of the Clan Hat the
authority to separate the Clan Hat from
the tribe.
Dated: November 7, 2012.
Mervin Wright, Jr.,
Acting Chair, Native American Graves
Protection and Repatriation Review
Committee.
[FR Doc. 2013–01314 Filed 1–23–13; 8:45 am]
BILLING CODE 4312–50–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–538]
Advice Concerning Possible
Modifications to the U.S. Generalized
System of Preferences, 2012 Review:
Additions and Competitive Need
Limitation Waivers; Institution of
Investigation and Scheduling of
Hearing
United States International
Trade Commission.
AGENCY:
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Notices
Notice of institution of
investigation and scheduling of public
hearing.
ACTION:
Following receipt of a request
on January 8, 2013, from the United
States Trade Representative (USTR), the
U.S. International Trade Commission
(Commission) instituted investigation
No. 332–538, Advice Concerning
Possible Modifications to the U.S.
Generalized System of Preferences, 2012
Review: Additions and Competitive
Need Limitation Waivers, for the
purpose of providing advice as to the
probable economic effect of the addition
of certain products to the list of items
eligible for duty-free treatment under
the U.S. GSP program and providing
certain advice regarding the effect of a
waiver of the competitive need
limitations under the program for
certain countries and articles.
DATES: February 11, 2013: Deadline for
filing requests to appear at the public
hearing.
February 13, 2013: Deadline for filing
pre-hearing briefs and statements.
February 27, 2013: Public hearing.
March 4, 2013: Deadline for filing
post-hearing briefs and statements.
March 4, 2013: Deadline for filing all
other written submissions.
April 8, 2013: Transmittal of
Commission report to the United States
Trade Representative.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. All written submissions should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW., Washington, DC
20436. The public record for this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://www.usitc.gov/secretary/
edis.htm.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Information specific to this investigation
may be obtained from Alberto Goetzl,
Project Leader, Office of Industries
(202–205–3323 or
alberto.goetzl@usitc.gov), Katherine
Baldwin, Deputy Project Leader, Office
of Industries (202–205–3396 or
katherine.baldwin@usitc.gov), or
Cynthia B. Foreso, Technical Advisor,
Office of Industries (202–205–3348 or
cynthia.foreso@usitc.gov). For
information on the legal aspects of this
investigation, contact William Gearhart
of the Commission’s Office of the
General Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
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15:12 Jan 23, 2013
Jkt 229001
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Web site (https://www.usitc.gov). 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.
Background: In accordance with
sections 503(a)(1)(A), 503(e), and 131(a)
of the Trade Act of 1974, and pursuant
to the authority of the President
delegated to the USTR by sections 4(c)
and 8(c) and (d) of Executive Order
11846 of March 31, 1975, as amended,
and pursuant to section 332(g) of the
Tariff Act of 1930, the USTR has
requested that the Commission provide
advice as to the probable economic
effect on U.S. industries producing like
or directly competitive articles, on U.S.
imports, and on U.S. consumers of the
elimination of U.S. import duties on the
following articles for all beneficiary
developing countries under the GSP
program: sweetheart, spray and other
roses, fresh cut (HTS 0603.11.00 or
0603.11.0010, 0603.11.0030,
0603.11.0060); vegetables nesi,
uncooked or cooked by steaming or
boiling in water, frozen, reduced in size
or the 3 existing 10-digit lines for
broccoli (HTS 0710.80.97 or
0710.80.9722, 0710.80.9724,
0710.80.9726); artichokes, prepared or
preserved otherwise than by vinegar or
acetic acid, not frozen (HTS 2005.99.80);
refined copper, wire, w/maximum
cross-sectional dimension of 6 mm or
less (HTS 7408.19.0030).
The USTR has also requested, under
authority delegated by the President,
pursuant to section 332(g) of the Tariff
Act of 1930, and in accordance with
section 503(d)(1)(A) of the Trade Act of
1974, that the Commission provide
advice on whether any industry in the
United States is likely to be adversely
affected by a waiver of the competitive
need limitation specified in section
503(c)(2)(A) of the Trade Act of 1974 for
the following countries and HTS
subheadings (articles): Indonesia for
HTS 0410.00.00 (edible products of
animal origin, not elsewhere specified
or included); Thailand for HTS
0603.13.00 (orchids: cut flowers and
flower buds of a kind suitable for
bouquets or for ornamental purposes,
fresh, dried, dyed, bleached,
impregnated or otherwise prepared);
Thailand for HTS 1102.90.25 (rice
flour); Thailand for HTS 2106.90.99
(food preparations not elsewhere
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
specified or included, not canned or
frozen); Indonesia for HTS 6911.10.37
(porcelain or china (o/than bone china)
household table and kitchenware in sets
in which aggregate value of arts./US
note 6(b) o/$56 n/o $200); Russia for
HTS 7202.21.50 (ferrosilicon containing
by weight more than 55% but not more
than 80% of silicon, nesoi); Georgia for
HTS 7202.30.00 (ferrosilicon
manganese); Brazil for HTS 7202.99.20
(calcium silicon ferroalloys); India for
HTS 7307.21.50 (stainless steel, not cast,
flanges for tubes/pipes, not forged or
forged and machined, tooled and
otherwise processed after forging); India
for HTS 7307.91.50 (iron or steel (o/than
stainless), not cast, flanges for tubes/
pipes, not forged or forged and
machined, tooled and processed after
forging); Thailand for HTS 7408.29.10
(copper wire, coated or plated with
metal); and Thailand for HTS
9506.70.40 (ice skates w/footwear
permanently attached).
With respect to the waiver of the
competitive need limitation, the USTR
also requested that the Commission
provide its advice with respect to
whether like or directly competitive
products were being produced in the
United States on January 1, 1995; that
the Commission provide its advice as to
the probable economic effect on total
U.S. imports, as well as on consumers,
of the requested waivers; and, with
respect to the competitive need limit in
section 503(c)(2(A)(i)(I) of the Trade Act
of 1974, that the Commission use the
dollar value limit of $155,000,000.
As requested by USTR, the
Commission will provide its advice by
April 8, 2013. The USTR indicated that
those sections of the Commission’s
report and related working papers that
contain the Commission’s advice will be
classified as ‘‘confidential,’’ and that
USTR considers the Commission’s
report to be an inter-agency
memorandum that will contain predecisional advice and be subject to the
deliberative process privilege.
Public Hearing: A public hearing in
connection with this investigation will
be held at the U.S. International Trade
Commission Building, 500 E Street SW.,
Washington, DC, beginning at 9:30 a.m.
on February 27, 2013. Requests to
appear at the public hearing should be
filed with the Secretary, no later than
5:15 p.m., February 11, 2013, in
accordance with the requirements in the
‘‘Submissions’’ section below. All prehearing briefs and statements should be
filed not later than 5:15 p.m., February
13, 2013; and all post-hearing briefs and
statements should be filed not later than
5:15 p.m., March 4, 2013.
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Notices
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to file
written submissions concerning this
investigation. All written submissions
should be addressed to the Secretary,
and should be received not later than
5:15 p.m., March 4, 2013. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8
and the Commission’s Handbook on
Filing Procedures require that interested
parties file documents electronically on
or before the filing deadline and submit
eight (8) true paper copies by 12:00 p.m.
eastern time on the next business day.
In the event that confidential treatment
of a document is requested, interested
parties must file, at the same time as the
eight paper copies, at least four (4)
additional true paper copies in which
the confidential information must be
deleted (see the following paragraph for
further information regarding
confidential business information).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any submissions that contain
confidential business information must
also conform with the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties. The Commission may
include in the report it sends to the
President and the USTR some or all of
the confidential business information it
receives in this investigation.
The USTR has asked that the
Commission make available a public
version of its report shortly after it sends
its report to the President and the USTR,
with any classified or privileged
information deleted. Any confidential
business information received in this
investigation and used in the
preparation of the report will not be
published in the public version of the
report in such manner as would reveal
the operations of the firm supplying the
information.
Issued: January 18, 2013.
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15:12 Jan 23, 2013
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By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–01389 Filed 1–23–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–804]
Certain Led Photographic Lighting
Devices and Components Thereof;
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of a General Exclusion Order;
Termination of Certain Respondents
Based on Consent Order; Issuance of
Consent Order; and Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 in this investigation and has
issued a general exclusion order
prohibiting importation of infringing
LED photographic lighting devices and
components thereof. The Commission
has also determined to terminate certain
respondents on the basis of a consent
order stipulation, and has issued a
consent order.
FOR FURTHER INFORMATION CONTACT:
Amanda S. Pitcher, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2737. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and 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: The
Commission instituted this investigation
on September 7, 2011, based on a
complaint filed by Litepanels, Inc. and
Litepanels, Ltd. (collectively,
SUMMARY:
PO 00000
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5207
‘‘Litepanels’’). 76 FR 55416 (Sept. 7,
2011). 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 LED photographic lighting
devices and components thereof that
infringe certain claims of U.S. Patent
Nos. 7,429,117 (later terminated from
the investigation); 7,510,290 (later
terminated from the investigation);
7,972,022 (‘‘the ’022 patent’’); 7,318,652
(‘‘the ’652 patent’’); and 6,948,823 (‘‘the
’823 patent’’). Id. The Notice of
Institution named respondents Flolight,
LLC. (‘‘Flolight’’), of Campbell,
California; Prompter People, Inc.
(‘‘Prompter’’) of Campbell, California;
Ikan Corporation (‘‘Ikan’’), of Houston,
Texas; Advanced Business Computer
Services, LLC d/b/a Cool Lights, USA
(‘‘CoolLights’’) of Reno, Nevada; Elation
Lighting, Inc. of Los Angeles, California
(‘‘Elation’’); Fuzhou F&V Photographic
Equipment Co., Ltd. (‘‘F&V’’), of Fujian,
China; Fotodiox, Inc. of Waukegan,
Illinois, Yuyao Lishuai Photo-Facility
Co., Ltd. of Zhejiang Province, China,
Yuyao Fotodiox Photo Equipment Co.,
Ltd. of Zhejiang Province, China, and
Yuyao Lily Collection Co., Ltd. of
Yuyao, China (collectively the
‘‘Fotodiox respondents’’); Shantou
Nanguang Photographic Equipment Co.,
Ltd. (‘‘Nanguang’’), of Guangdong
Province, China; Visio Light, Inc.
(‘‘Visio’’), of Taipei, Taiwan; Tianjin
Wuqing Huanyu Film and TV
Equipment Factory of Tianjin, China
(‘‘Tianjin’’); and Stellar Lighting
Systems (‘‘Stellar’’), of Los Angeles,
California. Id. A Commission
Investigative Attorney (‘‘IA’’) of the
Office of Unfair Import Investigations
also participated in this investigation.
Visio, Nanguang, and F&V were
terminated based on entry of consent
orders, Elation was terminated based
upon a settlement agreement and
Tianjin was found in default. See Notice
of Commission Determination Not to
Review an Initial Determination
Terminating the Investigation as to
Respondent Visio Light, Inc. Based on
Entry of Consent Order; Issuance of
Consent Order (December 2, 2011); See
Notice of Commission Determination to
Review an Initial Determination Finding
Respondent Tianjin Wuquing Huanyu
Film and TV Equipment Factory in
Default (January 17, 2012); Notice of
Commission Determination Not to
Review an Initial Determination
Terminating Respondent Elation
Lighting, Inc. from the Investigation
(March 2, 2012); Commission
E:\FR\FM\24JAN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5205-5207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01389]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 332-538]
Advice Concerning Possible Modifications to the U.S. Generalized
System of Preferences, 2012 Review: Additions and Competitive Need
Limitation Waivers; Institution of Investigation and Scheduling of
Hearing
AGENCY: United States International Trade Commission.
[[Page 5206]]
ACTION: Notice of institution of investigation and scheduling of public
hearing.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a request on January 8, 2013, from the
United States Trade Representative (USTR), the U.S. International Trade
Commission (Commission) instituted investigation No. 332-538, Advice
Concerning Possible Modifications to the U.S. Generalized System of
Preferences, 2012 Review: Additions and Competitive Need Limitation
Waivers, for the purpose of providing advice as to the probable
economic effect of the addition of certain products to the list of
items eligible for duty-free treatment under the U.S. GSP program and
providing certain advice regarding the effect of a waiver of the
competitive need limitations under the program for certain countries
and articles.
DATES: February 11, 2013: Deadline for filing requests to appear at the
public hearing.
February 13, 2013: Deadline for filing pre-hearing briefs and
statements.
February 27, 2013: Public hearing.
March 4, 2013: Deadline for filing post-hearing briefs and
statements.
March 4, 2013: Deadline for filing all other written submissions.
April 8, 2013: Transmittal of Commission report to the United
States Trade Representative.
ADDRESSES: All Commission offices, including the Commission's hearing
rooms, are located in the United States International Trade Commission
Building, 500 E Street SW., Washington, DC. All written submissions
should be addressed to the Secretary, United States International Trade
Commission, 500 E Street SW., Washington, DC 20436. The public record
for this investigation may be viewed on the Commission's electronic
docket (EDIS) at https://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: Information specific to this
investigation may be obtained from Alberto Goetzl, Project Leader,
Office of Industries (202-205-3323 or alberto.goetzl@usitc.gov),
Katherine Baldwin, Deputy Project Leader, Office of Industries (202-
205-3396 or katherine.baldwin@usitc.gov), or Cynthia B. Foreso,
Technical Advisor, Office of Industries (202-205-3348 or
cynthia.foreso@usitc.gov). For information on the legal aspects of this
investigation, contact William Gearhart of the Commission's Office of
the General Counsel (202-205-3091 or william.gearhart@usitc.gov). The
media should contact Margaret O'Laughlin, Office of External Relations
(202-205-1819 or margaret.olaughlin@usitc.gov). Hearing-impaired
individuals may obtain information on this matter by contacting the
Commission's TDD terminal at 202-205-1810. General information
concerning the Commission may also be obtained by accessing its Web
site (https://www.usitc.gov). 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.
Background: In accordance with sections 503(a)(1)(A), 503(e), and
131(a) of the Trade Act of 1974, and pursuant to the authority of the
President delegated to the USTR by sections 4(c) and 8(c) and (d) of
Executive Order 11846 of March 31, 1975, as amended, and pursuant to
section 332(g) of the Tariff Act of 1930, the USTR has requested that
the Commission provide advice as to the probable economic effect on
U.S. industries producing like or directly competitive articles, on
U.S. imports, and on U.S. consumers of the elimination of U.S. import
duties on the following articles for all beneficiary developing
countries under the GSP program: sweetheart, spray and other roses,
fresh cut (HTS 0603.11.00 or 0603.11.0010, 0603.11.0030, 0603.11.0060);
vegetables nesi, uncooked or cooked by steaming or boiling in water,
frozen, reduced in size or the 3 existing 10-digit lines for broccoli
(HTS 0710.80.97 or 0710.80.9722, 0710.80.9724, 0710.80.9726);
artichokes, prepared or preserved otherwise than by vinegar or acetic
acid, not frozen (HTS 2005.99.80); refined copper, wire, w/maximum
cross-sectional dimension of 6 mm or less (HTS 7408.19.0030).
The USTR has also requested, under authority delegated by the
President, pursuant to section 332(g) of the Tariff Act of 1930, and in
accordance with section 503(d)(1)(A) of the Trade Act of 1974, that the
Commission provide advice on whether any industry in the United States
is likely to be adversely affected by a waiver of the competitive need
limitation specified in section 503(c)(2)(A) of the Trade Act of 1974
for the following countries and HTS subheadings (articles): Indonesia
for HTS 0410.00.00 (edible products of animal origin, not elsewhere
specified or included); Thailand for HTS 0603.13.00 (orchids: cut
flowers and flower buds of a kind suitable for bouquets or for
ornamental purposes, fresh, dried, dyed, bleached, impregnated or
otherwise prepared); Thailand for HTS 1102.90.25 (rice flour); Thailand
for HTS 2106.90.99 (food preparations not elsewhere specified or
included, not canned or frozen); Indonesia for HTS 6911.10.37
(porcelain or china (o/than bone china) household table and kitchenware
in sets in which aggregate value of arts./US note 6(b) o/$56 n/o $200);
Russia for HTS 7202.21.50 (ferrosilicon containing by weight more than
55% but not more than 80% of silicon, nesoi); Georgia for HTS
7202.30.00 (ferrosilicon manganese); Brazil for HTS 7202.99.20 (calcium
silicon ferroalloys); India for HTS 7307.21.50 (stainless steel, not
cast, flanges for tubes/pipes, not forged or forged and machined,
tooled and otherwise processed after forging); India for HTS 7307.91.50
(iron or steel (o/than stainless), not cast, flanges for tubes/pipes,
not forged or forged and machined, tooled and processed after forging);
Thailand for HTS 7408.29.10 (copper wire, coated or plated with metal);
and Thailand for HTS 9506.70.40 (ice skates w/footwear permanently
attached).
With respect to the waiver of the competitive need limitation, the
USTR also requested that the Commission provide its advice with respect
to whether like or directly competitive products were being produced in
the United States on January 1, 1995; that the Commission provide its
advice as to the probable economic effect on total U.S. imports, as
well as on consumers, of the requested waivers; and, with respect to
the competitive need limit in section 503(c)(2(A)(i)(I) of the Trade
Act of 1974, that the Commission use the dollar value limit of
$155,000,000.
As requested by USTR, the Commission will provide its advice by
April 8, 2013. The USTR indicated that those sections of the
Commission's report and related working papers that contain the
Commission's advice will be classified as ``confidential,'' and that
USTR considers the Commission's report to be an inter-agency memorandum
that will contain pre-decisional advice and be subject to the
deliberative process privilege.
Public Hearing: A public hearing in connection with this
investigation will be held at the U.S. International Trade Commission
Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on
February 27, 2013. Requests to appear at the public hearing should be
filed with the Secretary, no later than 5:15 p.m., February 11, 2013,
in accordance with the requirements in the ``Submissions'' section
below. All pre-hearing briefs and statements should be filed not later
than 5:15 p.m., February 13, 2013; and all post-hearing briefs and
statements should be filed not later than 5:15 p.m., March 4, 2013.
[[Page 5207]]
Written Submissions: In lieu of or in addition to participating in
the hearing, interested parties are invited to file written submissions
concerning this investigation. All written submissions should be
addressed to the Secretary, and should be received not later than 5:15
p.m., March 4, 2013. All written submissions must conform with the
provisions of section 201.8 of the Commission's Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook
on Filing Procedures require that interested parties file documents
electronically on or before the filing deadline and submit eight (8)
true paper copies by 12:00 p.m. eastern time on the next business day.
In the event that confidential treatment of a document is requested,
interested parties must file, at the same time as the eight paper
copies, at least four (4) additional true paper copies in which the
confidential information must be deleted (see the following paragraph
for further information regarding confidential business information).
Persons with questions regarding electronic filing should contact the
Secretary (202-205-2000).
Any submissions that contain confidential business information must
also conform with the requirements of section 201.6 of the Commission's
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the
rules requires that the cover of the document and the individual pages
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information
is clearly identified by means of brackets. All written submissions,
except for confidential business information, will be made available
for inspection by interested parties. The Commission may include in the
report it sends to the President and the USTR some or all of the
confidential business information it receives in this investigation.
The USTR has asked that the Commission make available a public
version of its report shortly after it sends its report to the
President and the USTR, with any classified or privileged information
deleted. Any confidential business information received in this
investigation and used in the preparation of the report will not be
published in the public version of the report in such manner as would
reveal the operations of the firm supplying the information.
Issued: January 18, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-01389 Filed 1-23-13; 8:45 am]
BILLING CODE 7020-02-P
