Rubber Bands From China; Determinations, 4534 [2019-02437]

Download as PDF 4534 Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–598 and 731– TA–1408 (Final)] Rubber Bands From China; 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 an industry in the United States is materially injured by reason of imports of rubber bands from China, provided for in subheading 4016.99.35 2 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and to be subsidized by the government of China.3 khammond on DSKBBV9HB2PROD with NOTICES Background The Commission, pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these investigations effective January 30, 2018, following receipt of a petition filed with the Commission and Commerce by Alliance Rubber Co., Hot Springs, Arkansas. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of rubber bands from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing 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 on September 17, 2018 (83 FR 46969).4 The hearing was held in 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 Merchandise covered by the scope of these investigations may also enter under HTSUS subheading 4016.99.6050. 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on rubber bands from China. 4 Due to the lapse in appropriations and ensuing cessation of Commission operations, all import injury investigations conducted under authority of Title VII of the Tariff Act of 1930 accordingly have been tolled pursuant to 19 U.S.C. 1671d(b)(2), 1673d(b)(2). VerDate Sep<11>2014 19:41 Feb 14, 2019 Jkt 247001 Washington, DC, on November 13, 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 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on January 7, 2019. The views of the Commission are contained in USITC Publication 4863 (January 2019), entitled Rubber Bands from China: Investigation Nos. 701–TA– 598 and 731–TA–1408 (Final). By order of the Commission. Issued: February 11, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–02437 Filed 2–14–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1143] Certain Pickup Truck Folding Bed Cover Systems and Components Thereof Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 7, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Extang Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. of Ann Arbor, Michigan. Amendments to the complaint were filed on February 1, 2019. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain pickup truck folding bed cover systems and components thereof by reason of infringement of: the claim of U.S. Patent No. D620,877 (‘‘the ’877 patent’’); certain claims of U.S. Patent No. 7,188,888 (‘‘the ’888 patent’’); U.S. Patent No. 7,484,788 (‘‘the ’788 patent’’); U.S. Patent No. 8,061,758 (‘‘the ’758 patent’’); U.S. Patent No. 8,182,021 (‘‘the ’021 patent’’); and U.S. Patent No. 8,690,224 (‘‘the ’224 patent’’); and U.S. Trademark Registration No. 5,104,393 (‘‘the ’393 trademark’’) and U.S. Trademark Registration No. 3,904,016 (‘‘the ’016 trademark’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. SUMMARY: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. A motion for temporary relief filed concurrently with the complaint and amended on February 1, 2019, requests that the Commission issue a temporary exclusion order and temporary cease and desist orders prohibiting the importation into and the sale within the United States after importation of certain pickup truck folding bed cover systems and components thereof during the course of the Commission’s investigation. ADDRESSES: The complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 11, 2018, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Page 4534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02437]



[[Page 4534]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-598 and 731-TA-1408 (Final)]


Rubber Bands From China; 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 an industry in the United States is materially injured by 
reason of imports of rubber bands from China, provided for in 
subheading 4016.99.35 \2\ of the Harmonized Tariff Schedule of the 
United States, that have been found by the U.S. Department of Commerce 
(``Commerce'') to be sold in the United States at less than fair value 
(``LTFV''), and to be subsidized by the government of China.\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\ Merchandise covered by the scope of these investigations may 
also enter under HTSUS subheading 4016.99.6050.
    \3\ The Commission also finds that imports subject to Commerce's 
affirmative critical circumstances determinations are not likely to 
undermine seriously the remedial effect of the countervailing and 
antidumping duty orders on rubber bands from China.
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Background

    The Commission, pursuant to sections 705(b) and 735(b) of the Act 
(19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these 
investigations effective January 30, 2018, following receipt of a 
petition filed with the Commission and Commerce by Alliance Rubber Co., 
Hot Springs, Arkansas. The final phase of the investigations was 
scheduled by the Commission following notification of preliminary 
determinations by Commerce that imports of rubber bands from China were 
subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 
1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 
U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the 
Commission's investigations and of a public hearing 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 on 
September 17, 2018 (83 FR 46969).\4\ The hearing was held in 
Washington, DC, on November 13, 2018, and all persons who requested the 
opportunity were permitted to appear in person or by counsel.
---------------------------------------------------------------------------

    \4\ Due to the lapse in appropriations and ensuing cessation of 
Commission operations, all import injury investigations conducted 
under authority of Title VII of the Tariff Act of 1930 accordingly 
have been tolled pursuant to 19 U.S.C. 1671d(b)(2), 1673d(b)(2).
---------------------------------------------------------------------------

    The Commission made these determinations pursuant to sections 
705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 
1673d(b)). It completed and filed its determinations in these 
investigations on January 7, 2019. The views of the Commission are 
contained in USITC Publication 4863 (January 2019), entitled Rubber 
Bands from China: Investigation Nos. 701-TA-598 and 731-TA-1408 
(Final).

    By order of the Commission.

    Issued: February 11, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-02437 Filed 2-14-19; 8:45 am]
 BILLING CODE 7020-02-P