1,1,1,2-Tetrafluoroethane From China; Scheduling of the Final Phase of Antidumping and Countervailing Duty Investigations, 35795-35796 [2014-14670]
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–509 and 731–
TA–1244 (Final)]
1,1,1,2-Tetrafluoroethane From China;
Scheduling of the Final Phase of
Antidumping and Countervailing Duty
Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–509 and 731–TA–1244 (Final)
under sections 705(b) and 731(b) of the
Tariff Act of 1930 (19 U.S.C. 1671d(b)
and 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 subsidized and less-than-fairvalue imports from China of 1,1,1,2tetrafluoroethane, provided for in
subheading 2903.39.2020 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: Thursday, May
29, 2014.
FOR FURTHER INFORMATION CONTACT:
Justin Enck (202–205–3363), 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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
1 For purposes of these investigations, the
Department of Commerce has defined the subject
merchandise as, ‘‘1,1,1,2-Tetrafluoroethane, R–
134a, or its chemical equivalent, regardless of form,
type, or purity level. The chemical formula for
1,1,1,2-tetrafluoroethane is CF3-CH2F, and the
Chemical Abstracts Service (‘‘CAS’’) registry
number is CAS 811–97–2.’’
VerDate Mar<15>2010
23:01 Jun 23, 2014
Jkt 232001
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background
Final phase of these investigations is
being scheduled as a result of
affirmative preliminary determinations
by the Department of Commerce that
certain benefits which constitute
subsidies within the meaning of section
703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers,
producers, or exporters in China of
1,1,1,2-tetrafluoroethane, and that such
products 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 October
22, 2013, by Mexichem Fluor, Inc. of St.
Gabriel, Louisiana.
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.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
35795
Staff Report
The prehearing staff report in the final
phase of these investigations will be
placed in the nonpublic record on
Monday, September 29, 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 Wednesday, October 15, 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 Wednesday,
October 8, 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 Thursday,
October 9, 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 to the provisions of section
207.23 of the Commission’s rules; the
deadline for filing is Monday, October 6,
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 to the provisions of
section 207.25 of the Commission’s
rules. The deadline for filing
posthearing briefs is Wednesday,
October 22, 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
Wednesday, October 22, 2014. On
Wednesday, November 5, 2014, the
Commission will make available to
parties all information on which they
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35796
Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before Friday, November 7, 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 to the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform to
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 https://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: June 12, 2014.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2014–14670 Filed 6–23–14; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
mstockstill on DSK4VPTVN1PROD with NOTICES
[Investigation No. 337–TA–501 (Rescission)]
Certain Encapsulated Integrated
Circuit Devices and Products
Containing Same; Commission
Determination To Rescind the Limited
Exclusion Order Based on a
Settlement and License Agreement
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
SUMMARY:
VerDate Mar<15>2010
23:01 Jun 23, 2014
Jkt 232001
Commission has determined to rescind
the limited exclusion order issued in the
above-captioned investigation based on
a settlement and license agreement.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3115. Copies of non-confidential
documents filed in connection with this
investigation are or 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 at 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
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. § 1337, on
December 19, 2003, based on a
complaint filed by Amkor Technology
Inc. (‘‘Amkor’’). See 68 Fed. Reg. 70836
(Dec. 19, 2003). Amkor alleged a
violation of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. § 1337),
by respondents Carsem in the
importation, sale for importation, and
sale within the United States after
importation of certain encapsulated
integrated circuit devices and products
containing same in connection with
claims 1–4, 7, 17, 18 and 20–23 of U.S.
Patent No. 6,433,277 (‘‘the ’277 patent’’);
claims 1–4, 7 and 8 of U.S. Patent No.
6,630,728 (‘‘the ’728 patent’’); and
claims 1, 2, 13 and 14 of U.S. Patent No.
6,455,356 (‘‘the ’356 patent’’). All three
patents are owned by Amkor. The
investigation also concerned a thirdparty, ASAT, Inc. (‘‘ASAT’’), and its
invention (‘‘ASAT invention’’), which
Carsem argued was invalidating prior
art to Amkor’s asserted patents.
On November 18, 2004, the ALJ
issued a final initial determination
(‘‘Final ID’’) finding no violation of
section 337. After reviewing the Final ID
in its entirety, the Commission on
March 31, 2005, modified the ALJ’s
claim construction and remanded the
investigation to the ALJ with
instructions ‘‘to conduct further
proceedings and make any new findings
or changes to his original findings that
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
are necessitated by the Commission’s
new claim constructions.’’ Commission
Order ¶ 8 (March 31, 2005). On
November 9, 2005, the ALJ issued a
remand initial determination (‘‘Remand
ID’’). The Remand ID found a violation
of section 337 with regard to six claims
of the ’277 patent, but found no
violation in connection with the
asserted claims of the ’728 or ’356
patents.
Completion of this investigation was
delayed because of difficulty in
obtaining from third-party ASAT certain
documents that Carsem asserted were
critical for its affirmative defenses. The
Commission’s efforts to enforce a
February 11, 2004, subpoena duces
tecum and ad testificandum directed to
ASAT resulted in a July 1, 2008, order
and opinion of the U.S. District Court
for the District of Columbia granting the
Commission’s second enforcement
petition. On July 1, 2009, after ASAT
had complied with the subpoena, the
Commission issued a notice and order
remanding this investigation to the ALJ
so that the ASAT documents could be
considered. On October 30, 2009, the
ALJ issued a supplemental ID (‘‘First
Supplemental ID’’), finding that the
ASAT invention was not prior art, and
reaffirming his finding of a violation of
section 337.
On February 18, 2010, the
Commission reversed the ALJ’s finding
that the ASAT invention is not prior art
to Amkor’s asserted patents, and
remanded the investigation to the ALJ to
make necessary findings in light of the
Commission’s determination that the
ASAT invention is prior art. On March
22, 2010, the ALJ issued a Supplemental
ID (‘‘Second Supplemental ID’’) in
which he found that the ’277 and ’728
patents were invalid in view of ASAT
prior art and determined that there was
no violation of Section 337 in the
present investigation. On July 20, 2010,
the Commission determined not to
review the ALJ’s Remand ID and Second
Supplemental ID. As a result, the
Commission determined that there is no
violation of section 337 in this
investigation. Amkor appealed the
Commission’s decision to the Court of
Appeals for the Federal Circuit (‘‘the
Court’’).
On August 22, 2012, the Court ruled
on Amkor’s appeal reversing the
Commission’s determination that the
’277 Patent is invalid under 35 U.S.C.
§ 102(g)(2), declining to affirm the
Commission’s invalidity determination
on the alternative grounds raised by
Carsem, and remanding for further
proceedings consistent with its opinion.
Amkor Technology Inc. v. International
Trade Commission, 692 F.3d 1250 (Fed.
E:\FR\FM\24JNN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35795-35796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14670]
[[Page 35795]]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-509 and 731-TA-1244 (Final)]
1,1,1,2-Tetrafluoroethane From China; Scheduling of the Final
Phase of Antidumping and Countervailing 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 and countervailing duty investigation Nos.
701-TA-509 and 731-TA-1244 (Final) under sections 705(b) and 731(b) of
the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 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
subsidized and less-than-fair-value imports from China of 1,1,1,2-
tetrafluoroethane, provided for in subheading 2903.39.2020 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, ``1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of
form, type, or purity level. The chemical formula for 1,1,1,2-
tetrafluoroethane is CF3-CH2F, and the
Chemical Abstracts Service (``CAS'') registry number is CAS 811-97-
2.''
---------------------------------------------------------------------------
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: Thursday, May 29, 2014.
FOR FURTHER INFORMATION CONTACT: Justin Enck (202-205-3363), 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
Final phase of these investigations is being scheduled as a result
of affirmative preliminary determinations by the Department of Commerce
that certain benefits which constitute subsidies within the meaning of
section 703 of the Act (19 U.S.C. 1671b) are being provided to
manufacturers, producers, or exporters in China of 1,1,1,2-
tetrafluoroethane, and that such products 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 October 22, 2013, by Mexichem Fluor, Inc. of St. Gabriel,
Louisiana.
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 Monday,
September 29, 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 Wednesday,
October 15, 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 Wednesday, October 8, 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 Thursday, October 9, 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 to the
provisions of section 207.23 of the Commission's rules; the deadline
for filing is Monday, October 6, 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 to the provisions of section 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
Wednesday, October 22, 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 Wednesday, October 22, 2014. On Wednesday,
November 5, 2014, the Commission will make available to parties all
information on which they
[[Page 35796]]
have not had an opportunity to comment. Parties may submit final
comments on this information on or before Friday, November 7, 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 to the provisions of section 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform to 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 https://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: June 12, 2014.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2014-14670 Filed 6-23-14; 8:45 am]
BILLING CODE 7020-02-P
