Silicon Metal From Australia, Brazil, Kazakhstan, and Norway; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 49848-49849 [2017-23363]
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
49848
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
Claims are not invalid under 35 U.S.C.
101. On July 13, 2017, the parties each
filed a timely response to the petitions
for review. On July 24, 2017,
Respondents filed their public interest
comments pursuant to Commission Rule
210.50(a)(4). Two days later, Neology
filed a response to Respondents’ public
interest comments. The Commission
also received public interest comments
from multiple non-parties.
On August 16, 2017, the Commission
determined to review-in-part the final
ID. Specifically, the Commission
determined to review the following
findings in the final ID: (1) The Asserted
Claims are not entitled to claim priority
to an earlier filing date; (2) the Asserted
Claims are invalid under 35 U.S.C. 102,
103, and/or 112; (3) the Asserted Claims
are not invalid under 35 U.S.C. 101; and
(4) Neology has satisfied the economic
prong of the domestic industry
requirement with respect to the ’436
patent. The Commission requested
briefing from the parties on certain
issues under review. The Commission
did not solicit briefing from the parties
and from the public on the issues of
remedy, bonding, and the public
interest.
Having reviewed the parties’
submissions and the record evidence,
the Commission has determined to
affirm, with modified reasoning, the ID’s
finding of no violation of section 337 by
the Respondents in connection with the
Asserted Claims because Respondents
have shown that the Asserted Claims are
invalid under 35 U.S.C. 102, 103 and/
or 112. The Commission has also
determined to affirm with modifications
the ID’s finding that the Asserted Claims
are not entitled to claim priority to an
earlier filing date. The Commission has
further determined to take no position
on the ID’s findings that the Asserted
Claims are directed at patent eligible
subject matter under 35 U.S.C. 101 and
that Neology has satisfied the economic
prong of the domestic industry
requirement with respect to the ’436
patent. A Commission opinion will be
issued shortly.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in Part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: October 23, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–23366 Filed 10–26–17; 8:45 am]
BILLING CODE 7020–02–P
VerDate Sep<11>2014
17:54 Oct 26, 2017
Jkt 244001
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–567–569 and
731–TA–1343–1345 (Final)]
Silicon Metal From Australia, Brazil,
Kazakhstan, and Norway; Scheduling
of the Final Phase of Countervailing
Duty and 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 and
countervailing duty investigation Nos.
701–TA–567–569 and 731–TA–1343–
1345 (Final) pursuant to the Tariff Act
of 1930 (‘‘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 imports of silicon metal,
provided for in subheadings
2804.69.1000 and 2804.69.5000 of the
Harmonized Tariff Schedule of the
United States, from Australia, Brazil,
and Norway preliminarily determined
by the Department of Commerce to be
sold at less than fair value, and imports
of silicon metal preliminarily
determined to be subsidized by the
governments of Australia, Brazil, and
Kazakhstan.
SUMMARY:
DATES:
October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Lawrence Jones ((202) 205–3358), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, the Department of
Commerce has defined the subject
merchandise as follows: ‘‘all forms and
sizes of silicon metal, including silicon
metal powder. Silicon metal contains at
least 85.00 percent but less than 99.99
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Frm 00068
Fmt 4703
Sfmt 4703
percent silicon, and less than 4.00
percent iron, by actual weight.
Semiconductor grade silicon
(merchandise containing at least 99.99
percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded
from the scope of this investigation.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
2804.69.5000 of the HTSUS. While
HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope remains
dispositive.’’
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), 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 Australia,
Brazil, and Kazakhstan of silicon metal,
and that such products imported from
Australia, Brazil, and Norway 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
petitions filed on March 8, 2017, by
Globe Specialty Metals, Inc., Beverly,
Ohio.
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 and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
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.
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
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 February 1, 2018,
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 February 15, 2018, 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 February 9, 2018. 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 participate in a prehearing
conference to be held on February 13,
2018, at the U.S. International Trade
Commission Building, if deemed
necessary. 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 February 8, 2018. 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
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17:54 Oct 26, 2017
Jkt 244001
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is February 22,
2018. 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
February 22, 2018. On March 19, 2018,
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 March 21, 2018, 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 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: October 23, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–23363 Filed 10–26–17; 8:45 am]
BILLING CODE 7020–02–P
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49849
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–388, 389, and
391 and 731–TA–817, 818, and 821 (Third
Review)]
Cut-to-Length Carbon Steel Plate From
India, Indonesia, and Korea; Revised
Schedule for the Subject Reviews
International Trade
Commission.
ACTION: Notice.
AGENCY:
DATES:
October 20, 2017.
FOR FURTHER INFORMATION CONTACT:
Celia Feldpausch ((202) 205–2387)),
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
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: On August
4, 2017, the Commission established a
schedule for the conduct of full reviews
(82 FR 37465, August 10, 2017). In light
of overlapping Commission
commitments, the Commission is
revising its schedule in this proceeding.
The Commission’s new schedule for
the full reviews is as follows: The
prehearing staff report will be placed in
the nonpublic record on December 12,
2017; the deadline for filing prehearing
briefs is December 21, 2017; requests to
appear at the hearing must be filed with
the Secretary to the Commission not
later than December 22, 2017; the
prehearing conference will be held at
the U.S. International Trade
Commission Building on January 3,
2018, if deemed necessary; the hearing
will be held at the U.S. International
Trade Commission Building at 9:30 a.m.
on January 4, 2018; the deadline for
filing posthearing briefs is January 12,
2018; the Commission will make its
final release of information on February
5, 2018; and final party comments are
due on February 7, 2018.
For further information concerning
the full reviews see the Commission’s
notice cited above and the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
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]]>Agencies
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49848-49849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23363]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-567-569 and 731-TA-1343-1345 (Final)]
Silicon Metal From Australia, Brazil, Kazakhstan, and Norway;
Scheduling of the Final Phase of Countervailing Duty and 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 and countervailing duty investigation Nos.
701-TA-567-569 and 731-TA-1343-1345 (Final) pursuant to the Tariff Act
of 1930 (``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 imports of silicon metal, provided for in
subheadings 2804.69.1000 and 2804.69.5000 of the Harmonized Tariff
Schedule of the United States, from Australia, Brazil, and Norway
preliminarily determined by the Department of Commerce to be sold at
less than fair value, and imports of silicon metal preliminarily
determined to be subsidized by the governments of Australia, Brazil,
and Kazakhstan.
DATES: October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205-3358),
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:
Scope.--For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as follows: ``all forms
and sizes of silicon metal, including silicon metal powder. Silicon
metal contains at least 85.00 percent but less than 99.99 percent
silicon, and less than 4.00 percent iron, by actual weight.
Semiconductor grade silicon (merchandise containing at least 99.99
percent silicon by actual weight and classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000)
is excluded from the scope of this investigation. Silicon metal is
currently classifiable under subheadings 2804.69.1000 and 2804.69.5000
of the HTSUS. While HTSUS numbers are provided for convenience and
customs purposes, the written description of the scope remains
dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), 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 Australia, Brazil, and Kazakhstan of silicon
metal, and that such products imported from Australia, Brazil, and
Norway 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 petitions filed on March 8, 2017, by
Globe Specialty Metals, Inc., Beverly, Ohio.
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 and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
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.
[[Page 49849]]
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 February
1, 2018, 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 February
15, 2018, 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 February 9, 2018. 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 participate in a prehearing conference to be held
on February 13, 2018, at the U.S. International Trade Commission
Building, if deemed necessary. 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 February 8, 2018. 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 February 22, 2018. 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 February 22, 2018. On March 19, 2018, 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 March 21, 2018, 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 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: October 23, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23363 Filed 10-26-17; 8:45 am]
BILLING CODE 7020-02-P
