Magnesium From Israel, 64598-64599 [2018-27184]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 64598 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 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 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 quartz surface products, 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 petitions filed on April 17, 2018 by Cambria Company LLC, Eden Prairie, Minnesota. 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. 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 VerDate Sep<11>2014 19:17 Dec 14, 2018 Jkt 247001 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 March 14, 2019, 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 April 4, 2019, 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 March 29, 2019. 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 April 1, 2019, 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 March 21, 2019. 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 April 11, 2019. 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 April 11, 2019. On May 1, 2019, 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 3, 2019, but such final comments must not contain new factual information and must otherwise comply PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 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, 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: December 11, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27196 Filed 12–14–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–614 and 731– TA–1431 (Preliminary)] Magnesium From Israel Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of magnesium from Israel, provided for in subheadings 8104.11.00, 8104.19.00, and 8104.30.00 of the Harmonized Tariff 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\17DEN1.SGM 17DEN1 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of Israel.2 3 amozie on DSK3GDR082PROD with NOTICES1 Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. 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 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 the investigations. Background On October 24, 2018, US Magnesium LLC, Salt Lake City, Utah, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized imports of magnesium from Israel and LTFV imports of magnesium from Israel. Accordingly, effective October 24, 2018, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701–TA–614 (Preliminary) and antidumping duty investigation No. 731–TA–1431 (Preliminary). Notice of the institution of the Commission’s investigations and of a 2 Magnesium from Israel: Initiation of Less-ThanFair-Value Investigation 83 FR 58533, (November 20, 2018); and Magnesium from Israel: Initiation of Countervailing Duty Investigation 83 FR 58529 (November 20, 2018). 3 Commissioner Meredith M. Broadbent dissenting. VerDate Sep<11>2014 19:17 Dec 14, 2018 Jkt 247001 public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of October 31, 2018 (83 FR 54778).4 The conference was held in Washington, DC, on November 14, 2018, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on December 11, 2018. The views of the Commission are contained in USITC Publication 4860 (December 2018), entitled Magnesium from Israel: Investigation Nos. 701–TA– 614 and 731–TA–1431 (Preliminary). By order of the Commission. Issued: December 11, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27184 Filed 12–14–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–989 (Rescission Proceeding)] Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding, To Rescind the Remedial Orders, and To Terminate the Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘the Commission’’) has determined to institute a rescission proceeding, to rescind a limited exclusion order and two cease-anddesist orders, and to terminate the rescission proceeding. FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–2382. Copies of non-confidential SUMMARY: 4 Due to the federal government’s closure on December 5, 2018 as a mark of respect for George Herbert Walker Bush, these investigations conducted under authority of Title VII of the Tariff Act of 1930 accordingly have been tolled pursuant to 19 U.S.C. 1671a(b)(2), 1673d(b)(2). PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 64599 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, telephone 202–205–1810. SUPPLEMENTARY INFORMATION: On March 14, 2016, the Commission instituted the original investigation based on a Complaint filed by Nautilus Hyosung Inc. (now Hyosung TNS Inc.) of Seoul, Republic of Korea, and Nautilus Hyosung America Inc. of Irving, Texas (collectively, ‘‘Complainants’’). The Notice of Investigation named Diebold Nixdorf, Incorporated, and Diebold SelfService Systems, both of North Canton, Ohio (collectively, ‘‘Respondents’’) as Respondents. The Complaint alleged Respondents were violating section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by importing into the United States, selling for importation, or selling within the United States after importation certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more of claims 1– 3, 6, 8, and 9 (‘‘the asserted claims’’) of U.S. Patent No. 8,523,235 (‘‘the ’235 patent’’). The Office of Unfair Import Investigations (‘‘OUII’’) was not named as a party. On July 14, 2017, the Commission found Respondents in violation of section 337 with respect to the asserted claims of the ’235 patent, and issued a limited exclusion order and two ceaseand-desist orders with respect to the asserted claims (‘‘the remedial orders’’). Respondents appealed the Commission’s determination to the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). On August 15, 2018, the Federal Circuit issued an opinion finding the asserted claims of the ’235 patent invalid for indefiniteness pursuant to 35 U.S.C. 112(6), and reversing the Commission’s determination that Respondents violated section 337. Diebold Nixdorf, Inc. v. International Trade Comm’n, Appeal No. 2017–2553, 899 F.3d 1291 (Fed. Cir. 2018). The mandate issued on November 9, 2018. E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64598-64599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27184]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-614 and 731-TA-1431 (Preliminary)]


Magnesium From Israel

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of magnesium 
from Israel, provided for in subheadings 8104.11.00, 8104.19.00, and 
8104.30.00 of the Harmonized Tariff

[[Page 64599]]

Schedule of the United States, that are alleged to be sold in the 
United States at less than fair value (``LTFV'') and to be subsidized 
by the government of Israel.\2 3\
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Magnesium from Israel: Initiation of Less-Than-Fair-Value 
Investigation 83 FR 58533, (November 20, 2018); and Magnesium from 
Israel: Initiation of Countervailing Duty Investigation 83 FR 58529 
(November 20, 2018).
    \3\ Commissioner Meredith M. Broadbent dissenting.
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the U.S. 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations under sections 703(b) or 733(b) of 
the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) or 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
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 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 the investigations.

Background

    On October 24, 2018, US Magnesium LLC, Salt Lake City, Utah, filed 
petitions with the Commission and Commerce, alleging that an industry 
in the United States is materially injured and threatened with material 
injury by reason of subsidized imports of magnesium from Israel and 
LTFV imports of magnesium from Israel. Accordingly, effective October 
24, 2018, the Commission, pursuant to sections 703(a) and 733(a) of the 
Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty 
investigation No. 701-TA-614 (Preliminary) and antidumping duty 
investigation No. 731-TA-1431 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of October 31, 2018 (83 FR 54778).\4\ 
The conference was held in Washington, DC, on November 14, 2018, and 
all persons who requested the opportunity were permitted to appear in 
person or by counsel.
---------------------------------------------------------------------------

    \4\ Due to the federal government's closure on December 5, 2018 
as a mark of respect for George Herbert Walker Bush, these 
investigations conducted under authority of Title VII of the Tariff 
Act of 1930 accordingly have been tolled pursuant to 19 U.S.C. 
1671a(b)(2), 1673d(b)(2).
---------------------------------------------------------------------------

    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It 
completed and filed its determinations in these investigations on 
December 11, 2018. The views of the Commission are contained in USITC 
Publication 4860 (December 2018), entitled Magnesium from Israel: 
Investigation Nos. 701-TA-614 and 731-TA-1431 (Preliminary).

    By order of the Commission.

    Issued: December 11, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27184 Filed 12-14-18; 8:45 am]
 BILLING CODE 7020-02-P

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