Hydrofluorocarbon Blends and Components From China,

Download as PDF Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 10, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27071 Filed 12–13–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1279 (Final) (Second Remand)] Hydrofluorocarbon Blends and Components From China United States International Trade Commission. ACTION: Notice of remand proceedings. AGENCY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its final determination in the antidumping duty investigation of hydrofluorocarbon blends and components (‘‘HFC’’) from China. For further information concerning the conduct of these remand proceedings and rules of general application, consult the Commission’s Rules of Practice and Procedure. DATES: December 6, 2018. FOR FURTHER INFORMATION CONTACT: Joanna Lo (202–205–1888), Office of Investigations, or P.V. Gallagher (202– 205–3152), Office of the General Counsel, 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 of Investigation No. 731–TA–1279 (Final) may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: SUPPLEMENTARY INFORMATION: Background.—On November 5, 2018, the U.S. Court of International Trade, per Judge Leo M. Gordon, issued a second opinion in Arkema, Inc. v. United States, Court No. 16–00179. In VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 this second opinion, the CIT remanded to the agency two issues concerning the Commission’s like product determination in Hydrofluorocarbon (‘‘HFC’’) Blends and Components from China, Inv. No. 731–TA–1279 (Final), USITC Pub. 4629 (Aug. 2016). In the investigation, the Commission applied its five-factor finished/semi-finished product analysis and determined that there were two domestic like products, one comprised of HFC components and one comprised of HFC blends. The Commission then determined that the domestic industry producing HFC blends was materially injured by reason of subject imports of HFC blends, whereas the domestic industry producing HFC components was not materially injured or threatened with material injury by reason of subject imports of HFC components. Petitioners appealed the decisions to the CIT, challenging the Commission’s determination that there were two domestic like products consisting of HFC blends and HFC components. In its first opinion, the CIT remanded two issues to the Commission and affirmed all other aspects of the Commission’s domestic like product determination. See Arkema, Inc. v. United States, Court No. 16–00179, 42 CIT ll, 290 F.Supp.3d 1363 (2018). The Commission filed its remand with the Court on May 5, 2018. In its second opinion, the CIT held that the Commission’s domestic like product determination remained deficient regarding the same two issues and again remanded these two issues to the Commission for reconsideration and explanation. Arkema, Inc. v. United States, Court No. 16–00179, Slip. Op. 18–153 (Ct. Int’l Trade November 5, 2018). Participation in the proceeding.— Only those persons who were interested parties that participated in the investigations (i.e., persons listed on the Commission Secretary’s service list) and also parties to the appeal may participate in the remand proceedings. Such persons need not make any additional notice of appearances or applications with the Commission to participate in the remand proceedings, unless they are adding new individuals to the list of persons entitled to receive business proprietary information (‘‘BPI’’) under administrative protective order. BPI referred to during the remand proceedings will be governed, as appropriate, by the administrative protective order issued in the investigation. The Secretary will maintain a service list containing the names and addresses of all persons or PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 64357 their representatives who are parties to the remand proceedings, and the Secretary will maintain a separate list of those authorized to receive BPI under the administrative protective order during the remand proceedings. Written Submissions.—The Commission is reopening the record in these proceedings for the limited purpose of issuing a short supplemental questionnaire to U.S. producers and blenders. The Commission is not otherwise reopening the record for the collection of new factual information. The Commission will make available any new factual information obtained during the remand proceedings not already served to parties in the investigations (as identified by the public or BPI service list). The Commission will permit the parties to file written comments on any new factual information obtained during the remand proceedings and on how the Commission could best comply with the CIT’s remand instructions. The comments must be based only on the information in the Commission’s record, including any new information collected in these remand proceedings. The Commission will reject submissions containing additional factual information or arguments pertaining to issues other than those on which the CIT has remanded this matter. The deadline for filing comments is January 7, 2019. Comments shall be limited to no more than ten (10) double-spaced and single-sided pages of textual material. Parties are advised to consult with the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207) for provisions of general applicability concerning written submissions to the Commission. 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 website 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, will 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. E:\FR\FM\14DEN1.SGM 14DEN1 64358 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (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. By order of the Commission. Issued: December 10, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27088 Filed 12–13–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Dental and Orthodontic Scanners and Software, DN 3357; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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. amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Align Technology, Inc., on December 10, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain dental and orthodontic scanners and software. The complaint names as respondents: 3Shape A/S of Denmark; 3Shape, Inc. of Warren, NJ; and 3Shape Trios A/S of Denmark. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond during the 60-day review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days SUPPLEMENTARY INFORMATION: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues should be filed no later than by close of business nine calendar days after the date of publication of this notice in the Federal Register. Complainant may file a reply to any written submission no later than the date on which complainant’s reply would be due under § 210.8(c)(2) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(c)(2)). Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3357’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electonic Filing Procedures, Electronic Filing Procedures.1) Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation 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 this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. E:\FR\FM\14DEN1.SGM 14DEN1

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