Aluminum Wire and Cable From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations, 48864-48865 [2018-20990]

Download as PDF 48864 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices Issued: September 24, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–21050 Filed 9–26–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–611 and 731– TA–1428 (Preliminary)] Aluminum Wire and Cable From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–611 and 731–TA–1428 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of aluminum wire and cable from China, provided for in subheading 8544.49.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce (‘‘Commerce’’) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by November 5, 2018. The Commission’s views must be transmitted to Commerce within five business days thereafter, or by November 13, 2018. DATES: September 21, 2018. FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202–205–2136), 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. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:20 Sep 26, 2018 Jkt 244001 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.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to petitions filed on September 21, 2018, by Encore Wire Corporation, McKinney, Texas, and Southwire Company, LLC, Carrollton, Georgia. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Investigations has scheduled a conference in connection with these PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 investigations for 9:30 a.m. on Friday, October 12, 2018, at the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC. Requests to appear at the conference should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before October 10, 2018. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before October 17, 2018, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. 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 website at https://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices [FR Doc. 2018–20990 Filed 9–26–18; 8:45 am] 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 TDD terminal on (202) 205–1810. BILLING CODE 7020–02–P SUPPLEMENTARY INFORMATION: to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. Issued: September 21, 2018. Lisa Barton, Secretary to the Commission. INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1050] Certain Dental Ceramics, Products Thereof, and Methods of Making the Same; Commission Decision To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (‘‘final ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on July 23, 2018, finding no violation of section 337 of the Tariff Act of 1930, in the above-captioned investigation. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested persons, and interested government agencies on the issues of remedy, the public interest, and bonding. The Commission has determined to extend the target date for completion of the investigation from November 23, 2018 to November 30, 2018. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. Copies of non-confidential documents filed in connection with this daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:20 Sep 26, 2018 Jkt 244001 The Commission instituted this investigation on April 25, 2017, based on a complaint, as supplemented, filed by Ivoclar Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc. of Amherst, New York; and Ardent, Inc. of Amherst, New York (collectively ‘‘Ivoclar’’). 82 FR 19081 (Apr. 25, 2017). The complaint, as supplemented, 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, or the sale within the United States after importation of certain dental ceramics, products thereof, and methods of making the same by reason of the infringement of certain claims of four United States patents: U.S. Patent No. 7,452,836 (‘‘the ’836 patent’’); U.S. Patent No. 6,517,623 (‘‘the ’623 patent’’); U.S. Patent No. 6,802,894 (‘‘the ’894 patent’’); and U.S. Patent No. 6,455,451 (‘‘the ’451 patent’’). The notice of investigation named as respondents GC Corporation of Tokyo, Japan; and GC America, Inc. of Alsip, Illinois (collectively, ‘‘GC’’). The Office of Unfair Import Investigations was also named as a party. The investigation was previously terminated as to certain asserted patent claims, including all of the asserted claims of the ’623 patent and the ’451 patent, based upon withdrawal of the complaint. Order No. 18 (Nov. 21, 2017), not reviewed, Notice (Dec. 6, 2017); Order No. 24 (Dec. 19, 2017), not reviewed, Notice (Jan. 18, 2018); Order No. 51 (Feb. 22, 2018), not reviewed, Notice (Mar. 23, 2018); Order No. 56 (Mar. 28, 2018), not reviewed, Notice (Apr. 27, 2018). Remaining within the scope of the investigation, as to infringement, domestic industry, or both, are claims 1, 2, 4, 5, 7, 9, 10, 13, 15–19, and 21 of the ’836 patent; and claims 1, 2, 4, 16–21, 34, 36 and 38 of the ’894 patent. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 48865 On July 23, 2018, the ALJ issued the final ID. The ID finds, inter alia, that Ivoclar failed to demonstrate infringement of the above-referenced claims of the ’836 patent. The ID finds, inter alia, that claims 36 and 38 (‘‘the ’894 flexure strength claims’’) are invalid as indefinite under 35 U.S.C. 112 ¶ 2. The ID further finds that Ivoclar failed to demonstrate infringement and failed to meet the technical prong of the domestic industry requirement as to the remaining claims of the ’894 patent (claims 1, 2, 4, 5, 7, 9, 10, 13, 15–19, and 21) (‘‘the ’894 annealing claims’’). The ID finds that some, but not all, of the ’894 annealing claims are invalid in view of certain prior art. Ivoclar, GC, and the Commission investigative attorney filed petitions for review and replies to the other parties’ petitions. Having reviewed the record of the investigation, including the final ID, as well as the parties’ petitions for review and responses thereto, the Commission has determined as follows. The Commission has determined to review the ID’s findings as to the ’894 annealing claims. The Commission has determined not to review the ID’s findings as to the ’894 flexure strength claims because the Commission finds that the invalidity of claims 36 and 38 has been shown clearly and convincingly. The Commission has determined not to review the ID’s findings for the ’836 patent claims. Accordingly, the Commission finds no violation of section 337 as to the ’836 patent and as to the ’894 flexure strength claims. The Commission has determined not to review the remainder of the ID. In connection with the Commission’s review, the Commission notes that ‘‘[a]ny issue not raised in a petition for review will be deemed to have been abandoned by the petitioning party and may be disregarded by the Commission in reviewing the initial determination.’’ 19 CFR 210.43(b)(2). The parties are asked to provide additional briefing on the following issues, with reference to the applicable law and the existing evidentiary record. For each argument presented, the parties’ submissions should set forth whether and/or how that argument was presented and preserved in the proceedings before the ALJ, in conformity with the ALJ’s Ground Rules (Order No. 2), with citations to the record. 1. For purposes of invalidity of the ’894 annealing claims, if the Commission were to find that a person of ordinary skill is entitled to rely upon the patentee’s representation about the E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48864-48865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20990]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-611 and 731-TA-1428 (Preliminary)]


Aluminum Wire and Cable From China; Institution of Anti-Dumping 
and Countervailing Duty Investigations and Scheduling of Preliminary 
Phase Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigation Nos. 701-TA-611 and 731-TA-1428 
(Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether there is a reasonable indication that an industry in 
the United States is materially injured or threatened with material 
injury, or the establishment of an industry in the United States is 
materially retarded, by reason of imports of aluminum wire and cable 
from China, provided for in subheading 8544.49.90 of the Harmonized 
Tariff Schedule of the United States, that are alleged to be sold in 
the United States at less than fair value and alleged to be subsidized 
by the Government of China. Unless the Department of Commerce 
(``Commerce'') extends the time for initiation, the Commission must 
reach a preliminary determination in antidumping and countervailing 
duty investigations in 45 days, or in this case by November 5, 2018. 
The Commission's views must be transmitted to Commerce within five 
business days thereafter, or by November 13, 2018.

DATES: September 21, 2018.

FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), 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.--These investigations are being instituted, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), in response to petitions filed on September 21, 
2018, by Encore Wire Corporation, McKinney, Texas, and Southwire 
Company, LLC, Carrollton, Georgia.
    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A and 
B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping duty and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on Friday, October 12, 2018, at the U.S. International Trade 
Commission Building, 500 E Street SW, Washington, DC. Requests to 
appear at the conference should be emailed to 
[email protected] (DO NOT FILE ON EDIS) on or before 
October 10, 2018. Parties in support of the imposition of 
countervailing and antidumping duties in these investigations and 
parties in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.
    Written submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before October 17, 2018, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference. 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 
website at https://edis.usitc.gov, elaborates upon the Commission's 
rules with respect to electronic filing.
    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these investigations must certify that the information 
is accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that any 
information that it submits to the Commission during these 
investigations may be disclosed to and used: (i) By the Commission, its 
employees and Offices, and contract personnel (a) for developing or 
maintaining the records of these or related investigations or reviews, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating

[[Page 48865]]

to the programs, personnel, and operations of the Commission including 
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and 
contract personnel, solely for cybersecurity purposes. All contract 
personnel will sign appropriate nondisclosure agreements.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: September 21, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-20990 Filed 9-26-18; 8:45 am]
 BILLING CODE 7020-02-P

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