Prestressed Concrete Steel Rail Tie Wire From China, Mexico, and Thailand; Scheduling of the Final Phase of Antidumping Duty Investigations, 2693-2694 [2014-00603]

Download as PDF Federal Register / Vol. 79, No. 10 / Wednesday, January 15, 2014 / Notices during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. wreier-aviles on DSK5TPTVN1PROD with NOTICES Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2013). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 9, 2014, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same by reason of infringement of one or more of claims 1–4, 6, 7, and 20–25 of the ‘200 patent and claims 1–5 of the ‘245 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Tyco Fire & Security GmbH, Victor von Bruns Strasse 21, Neuhausen am Rheinfall 8212, Switzerland; Sensormatic Electronics, LLC, 6600 Congress Avenue, Boca Raton, FL 33487; Tyco Integrated Security, LLC, 1501 Yamato Road, Boca Raton, Florida 33487. VerDate Mar<15>2010 14:04 Jan 14, 2014 Jkt 232001 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Ningbo Signatronic Technologies, Ltd., 505 MingZhou Road (West), BeiLun District, Ningbo, China 315800; All-Tag Security Americas, Inc., 1155 Broken Sound Parkway, NW., Unit E, Arvida Park of Commerce, Boca Raton, FL 33487; All-Tag Security Hong Kong Co., Ltd., Unit 1211, 12/F, Tsuen Wan Industrial Centre, 220–248 Texaco Road, Tsuen Wan N.T., Hong Kong; ´ All-Tag Europe SPRL, Chaussee d’Alsemberg, 999 Boite 14, 1180 Brussels, Belgium; All-Tag Security UK, Ltd., Unit 3 Bamford Business Park, Hibbert Street, Stockport SK4 1PL Cheshire, United Kingdom; Best Security Industries, 755 NW 17th Avenue Suite 101, Delray Beach, FL 33445; Signatronic Corporation, 1155 Broken Sound Parkway NW Unit E, Boca Raton, FL 33487. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 2693 and desist order or both directed against the respondent. By order of the Commission. Issued: January 9, 2014. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2014–00566 Filed 1–14–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1207–1209 (Final)] Prestressed Concrete Steel Rail Tie Wire From China, Mexico, and Thailand; Scheduling of the Final Phase of Antidumping Duty Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of the final phase of antidumping duty investigation Nos. 731–TA–1207–1209 (Final) under section 731(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of less-than-fair-value imports of prestressed concrete steel rail tie wire from China, Mexico, and Thailand, provided for in subheading 7217.10.80 of the Harmonized Tariff Schedule of the United States.1 For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). DATES: Effective Date: December 12, 2013. FOR FURTHER INFORMATION CONTACT: Angela M. W. Newell (202–708–5409), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. SUMMARY: 1 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as ‘‘PC tie wire’’—high carbon steel wire; stress relieved or low relaxation; indented or otherwise deformed; meeting at a minimum the physical, mechanical, and chemical requirements of the American Society of Testing Materials (‘‘ASTM’’) A881/A881M specification; regardless of shape, size or alloy element levels; suitable for use as prestressed tendons in concrete railroad ties. High carbon steel is defined as steel that contains 0.6 percent or more of carbon by weight. E:\FR\FM\15JAN1.SGM 15JAN1 wreier-aviles on DSK5TPTVN1PROD with NOTICES 2694 Federal Register / Vol. 79, No. 10 / Wednesday, January 15, 2014 / Notices 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.—The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that prestressed concrete steel rail tie wire from China and Mexico are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in a petition filed on April 23, 2013, by Davis Wire Corp. of Kent, Washington and Insteel Wire Product Co. of Mount Airy, North Carolina. Although the Department of Commerce has preliminarily determined that imports of prestressed concrete steel rail tie wire from Thailand are not being and are not likely to be sold in the United States at less than fair value, for purposes of efficiency the Commission hereby waives rule 207.21(b) 2 so that the final phase of the investigation may proceed concurrently in the event that Commerce makes a final affirmative determination with respect to such imports. Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, 2 Section 207.21(b) of the Commission’s rules provides that, where the Department of Commerce has issued a negative preliminary determination, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final determination from Commerce. VerDate Mar<15>2010 14:04 Jan 14, 2014 Jkt 232001 or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on April 16, 2014, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on May 6, 2014, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before April 29, 2014. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on May 2, 2014, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is April 29, 2014. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the PO 00000 Frm 00063 Fmt 4703 Sfmt 9990 Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is May 13, 2014. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before May 13, 2014. On May 28, 2014, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before May 30, 2014, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http:// edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: January 9, 2014. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2014–00603 Filed 1–14–14; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2693-2694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00603]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1207-1209 (Final)]


Prestressed Concrete Steel Rail Tie Wire From China, Mexico, and 
Thailand; Scheduling of the Final Phase of Antidumping Duty 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping duty investigation Nos. 731-TA-1207-1209 
(Final) under section 731(b) of the Tariff Act of 1930 (19 U.S.C. 
1673d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports of prestressed 
concrete steel rail tie wire from China, Mexico, and Thailand, provided 
for in subheading 7217.10.80 of the Harmonized Tariff Schedule of the 
United States.\1\
---------------------------------------------------------------------------

    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``PC tie wire''--
high carbon steel wire; stress relieved or low relaxation; indented 
or otherwise deformed; meeting at a minimum the physical, 
mechanical, and chemical requirements of the American Society of 
Testing Materials (``ASTM'') A881/A881M specification; regardless of 
shape, size or alloy element levels; suitable for use as prestressed 
tendons in concrete railroad ties. High carbon steel is defined as 
steel that contains 0.6 percent or more of carbon by weight.
---------------------------------------------------------------------------

    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: December 12, 2013.

FOR FURTHER INFORMATION CONTACT: Angela M. W. Newell (202-708-5409), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

[[Page 2694]]

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.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that prestressed concrete steel rail tie wire 
from China and Mexico are being sold in the United States at less than 
fair value within the meaning of section 733 of the Act (19 U.S.C. 
1673b). The investigations were requested in a petition filed on April 
23, 2013, by Davis Wire Corp. of Kent, Washington and Insteel Wire 
Product Co. of Mount Airy, North Carolina.
    Although the Department of Commerce has preliminarily determined 
that imports of prestressed concrete steel rail tie wire from Thailand 
are not being and are not likely to be sold in the United States at 
less than fair value, for purposes of efficiency the Commission hereby 
waives rule 207.21(b) \2\ so that the final phase of the investigation 
may proceed concurrently in the event that Commerce makes a final 
affirmative determination with respect to such imports.
---------------------------------------------------------------------------

    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
---------------------------------------------------------------------------

    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on April 
16, 2014, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on May 6, 
2014, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before April 29, 2014. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on May 2, 2014, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is April 29, 2014. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is May 13, 2014. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before May 13, 2014. On May 28, 2014, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before May 30, 2014, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on E-Filing, available on the 
Commission's Web site at http://edis.usitc.gov, elaborates upon the 
Commission's rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: January 9, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-00603 Filed 1-14-14; 8:45 am]
BILLING CODE 7020-02-P