Dried Tart Cherries From Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations, 53175-53177 [2019-21644]
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Management (OPM), is authorized to
request information to determine the
suitability of applicants for Federal
employment and non-Federal personnel
proposed to work under contractor and/
or agreement who require access to NPS
property and/or to receive DOIAccess
personal identity verification (PIV)
badges. Suitability determinations are
authorized under Executive Orders
10450, ‘‘Security requirements for
Government employment’’ and 10577,
‘‘Amending the Civil Service Rules and
authorizing a new appointment system
for the competitive service’’; sections
3301, 3302, and 9101 of Title 5, U.S.C.;
and parts 2, 5, 731, and 736 of Title 5,
CFR, and Federal information
processing standards. Section 1104 of
Title 5 allows OPM to delegate
personnel management functions to
other Federal agencies, extending these
capabilities to the NPS.
To conform with regulations
mandated by the OPM and the
Department of the Interior (DOI), NPS
requires all applicants for Federal
employment and non-Federal personnel
requiring access to NPS property and/or
receive a DOIAccess PIV badge to be
processed for a suitability background
investigation, in accordance with
Executive Order 10450 and the
Homeland Security Presidential
Directive (HSPD–12). To collect
information pursuant to this
requirement, the NPS Personnel
Security Branch uses the Electronic
Questionnaires for Investigations
Processing (E–QIP) System. As part of
this process, electronic submission of
the Standard Form 85, for suitability
background investigations (NACI), or
the Standard Form 85P, for Public Trust,
is now required. The information
collected is protected in accordance
with the Privacy Act, and maintained in
a secure system of records (InteriorDOI–45, ‘‘Personnel Security Files—
Interior’’, 47 FR 11036).
The NPS uses Form 10–152,
‘‘Background Clearance Initiation
Request’’ to create E–QIP accounts
necessary to initiate background
investigations for all individuals
requiring access to NPS property and/or
to receive a DOIAccess PIV badge. The
OPM and DOI programs initiating
background investigations have
published System of Records Notices in
the Federal Register describing the
systems in which the records will be
maintained.
The information collected by NPS
Form 10–152 includes detailed
information for each proposed
candidate requiring a background
clearance, to include:
• Full legal name;
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• Social Security Number;
• Date and place of birth;
• Country of citizenship;
• Contact phone number;
• Email address;
• Home address;
• Whether proposed candidate has
ever been investigated by another
Federal agency; and
• If the candidate was investigated by
another Federal agency, they must
provide the name of that agency and the
date of the investigation.
Additional information required on
Form 10–152 for non-Federal personnel
includes:
• Name of proposed candidate’s
company;
• Contract/agreement number; and
• Contract/agreement periods of
performance.
Title of Collection: National Park
Service Background Clearance Initiation
Request.
OMB Control Number: 1024–0282.
Form Number: NPS 10–152,
‘‘Background Clearance Initiation
Request’’.
Type of Review: Extension of a
currently approved collection.
Description of Respondents:
Candidates for Federal employment, as
well as contractors, partners, and other
non-Federal candidates proposed to
work for the NPS under a Federal
contract or agreement who require
access to NPS property and/or a
DOIAccess PIV badge.
Total Estimated Number of Annual
Respondents: 6,500.
Total Estimated Number of Annual
Responses: 6,500.
Estimated Completion Time per
Response: 7 minutes.
Total Estimated Number of Annual
Burden Hours: 758.
Respondent’s Obligation: Mandatory.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Phadrea Ponds,
Acting Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2019–21683 Filed 10–3–19; 8:45 am]
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53175
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–622 and 731–
TA–1448 (Final)]
Dried Tart Cherries From Turkey;
Scheduling of the Final Phase of
Countervailing Duty and Anti-Dumping
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–622 and 731–TA–1448 (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 dried tart cherries from
Turkey, provided for in subheadings
0813.40.30, 0813.40.90, 0813.50.00,
2006.00.20, 2006.00.50, and 2008.60.00
of the Harmonized Tariff Schedule of
the United States, preliminarily
determined by the Department of
Commerce (‘‘Commerce’’) to be
subsidized and sold at less-than-fairvalue.
SUMMARY:
DATES:
September 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Celia Feldpausch 202–205–2387, 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, Commerce has defined
the subject merchandise as dried tart
cherries, which may also be referred to
as, e.g., dried sour cherries or dried red
tart cherries. Dried tart cherries may be
processed from any variety of tart
cherries. Tart cherries are generally
classified as Prunus cerasus. Types of
tart cherries include, but are not limited
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to, Amarelle, Kutahya, Lutowka,
Montmorency, Morello, and Oblacinska.
Dried tart cherries are covered by the
scope of this investigation regardless of
the horticulture method through which
the cherries were produced (e.g., organic
or not), whether or not they contain any
added sugar or other sweetening matter,
whether or not they are coated in oil or
rice flour, whether infused or not
infused, and regardless of the infusion
ingredients, including sugar, sucrose,
fruit juice, and any other infusion
ingredients. The scope includes
partially rehydrated dried tart cherries
that retain the character of dried fruit.
The subject merchandise covers all
shapes, sizes, and colors of dried tart
cherries, whether pitted or unpitted,
and whether whole, chopped, minced,
crumbled, broken, or otherwise reduced
in size. The scope covers dried tart
cherries in all types of packaging,
regardless of the size or packaging
material.
Included in the scope of this
investigation are dried tart cherries that
otherwise meet the definition above that
are packaged with non-subject products,
including, but not limited to, mixtures
of dried fruits and mixtures of dried
fruits and nuts, where the smallest
individual packaging unit of any such
product contains a majority (i.e., 50
percent or more) of dried tart cherries by
dry net weight. Only the dried tart
cherry components of such products are
covered by this investigation; the scope
does not include the non-subject
components of such products.
Included in the scope of this
investigation are dried tart cherries that
have been further processed in a third
country, including but not limited to
processing by stabilizing, preserving,
sweetening, adding oil or syrup, coating,
chopping, mincing, crumbling,
packaging with non-subject products, or
other packaging, or any other processing
that would not otherwise remove the
merchandise from the scope of the
investigation if performed in the
country of manufacture of the dried tart
cherries.
Excluded from the scope of this
investigation are dried tart cherries that
have been incorporated as an ingredient
in finished bakery and confectionary
items (cakes, cookies, candy, granola
bars, etc.).
The subject merchandise is currently
classifiable under 0813.40.3000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The subject
merchandise may also enter under
subheadings 0813.40.9000,
0813.50.0020, 0813.50.0060,
2006.00.2000, 2006.00.5000, and
2008.60.0060. The HTSUS subheadings
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set forth above are provided for
convenience and U.S. customs purposes
only. The written description of the
scope is 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 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 Turkey of dried tart cherries, 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) (84 FR 51109 and
84 FR 51112, September 27, 2019). The
investigations were requested in
petitions filed on April 23, 2019, by the
Dried Tart Cherry Trade Committee.
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
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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 November 19,
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 Tuesday, December 3,
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 November 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
December 2, 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 November 25, 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 December 9,
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
December 9, 2019. On January 6, 2020,
the Commission will make available to
parties all information on which they
have not had an opportunity to
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Notices
comment. Parties may submit final
comments on this information on or
before January 9, 2020, 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 Filing Procedures,
available on the Commission’s website
at https://www.usitc.gov/documents/
handbook_on_filing_procedures.pdf,
elaborates upon the Commission’s
procedures with respect to filings.
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 1, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–21644 Filed 10–3–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
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[Investigation No. 337–TA–1110]
Certain Strontium-Rubidium
Radioisotope Infusion Systems, and
Components Thereof Including
Generators; Commission
Determination To Review in Part a
Final Initial Determination Finding No
Section 337 Violation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
SUMMARY:
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16:49 Oct 03, 2019
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Commission has determined to review
in part a final initial determination
(‘‘FID’’) of the presiding administrative
law judge (‘‘ALJ’’) finding no violation
of section 337 of the Tariff Act of 1930,
as amended.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. Copies of non-confidential
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 on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on May 1, 2018, based on a complaint,
as amended, filed by Bracco Diagnostics
Inc. of Monroe Township, New Jersey
(‘‘Complainant’’ or ‘‘Bracco’’). See 83 FR
19112–13 (May 1, 2018). The complaint,
as amended, alleges violations of section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337) (‘‘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 strontium-rubidium radioisotope
infusion systems, and components
thereof including generators, by reason
of infringement of U.S. Patent Nos.
9,814,826; 9,750,869; and 9,750,870
(collectively, ‘‘the asserted patents’’).
See id. The notice of investigation
names Jubilant DraxImage Inc. of
Kirkland, Que´bec, Canada; Jubilant
Pharma Limited of Singapore; and
Jubilant Life Sciences of Noida, Uttar
Pradesh, India (collectively,
‘‘Respondents’’ or ‘‘Jubilant’’) as
respondents in this investigation. See
id. The Office of Unfair Import
Investigations is also a party to this
investigation. See id.
On February 8, 2019, the ALJ issued
an ID (Order No. 27) finding by
summary determination that Jubilant’s
RUBY Rubidium Elution System
Version 3.0 directly infringes the
asserted patents. See Order No. 27 (Feb.
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53177
8, 2019), unreviewed, Comm’n Notice
(Mar. 8, 2019). In addition, the ALJ
determined that Jubilant’s RUBY
Rubidium Elution System Version 3.1
and the RUBY Rubidium Elution
System Version 4 do not directly
infringe the asserted patents. See id. The
ID (Order No. 27) declined to reach
indirect infringement on summary
determination. See id.
The ALJ conducted an evidentiary
hearing on February 11–12 and 15–17,
2019, and on August 1, 2019, issued the
FID finding no violation of section 337.
Specifically, the FID finds that the
domestic industry requirement is
satisfied and that all the asserted claims
are infringed but invalid as obvious over
the prior art. In addition, the ALJ issued
a Recommended Determination (‘‘RD’’)
recommending, should the Commission
find a section 337 violation, that the
Commission issue a limited exclusion
order (‘‘LEO’’) barring entry of articles
that infringe the asserted claims. The RD
does not recommend that the
Commission issue a cease and desist
order or impose a bond during the
period of Presidential review.
Furthermore, as directed by the
Commission, the RD provides findings
with respect to the public interest and
recommends a determination that the
public interest factors do not preclude
entry of the proposed LEO.
On August 14, 2019, both Bracco and
the Commission’s Investigative Attorney
(‘‘IA’’) filed petitions for review of the
FID. Bracco petitions for review of the
FID’s findings with respect to invalidity,
while the IA petitions for review of the
FID’s findings with respect to domestic
industry. On August 22, 2019, the
parties filed responses to the respective
petitions.
The Commission has determined to
review the FID in part. Specifically, the
Commission has determined to review
the FID’s findings with respect to
invalidity and domestic industry. The
Commission has determined not to
review the remainder of the FID. At this
time, the Commission does not request
any briefing from the parties.
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: September 30, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–21609 Filed 10–3–19; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53175-53177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21644]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-622 and 731-TA-1448 (Final)]
Dried Tart Cherries From Turkey; Scheduling of the Final Phase of
Countervailing Duty and Anti-Dumping 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-622 and 731-TA-1448 (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 dried tart cherries from Turkey,
provided for in subheadings 0813.40.30, 0813.40.90, 0813.50.00,
2006.00.20, 2006.00.50, and 2008.60.00 of the Harmonized Tariff
Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: September 27, 2019.
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 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, Commerce has defined
the subject merchandise as dried tart cherries, which may also be
referred to as, e.g., dried sour cherries or dried red tart cherries.
Dried tart cherries may be processed from any variety of tart cherries.
Tart cherries are generally classified as Prunus cerasus. Types of tart
cherries include, but are not limited
[[Page 53176]]
to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and Oblacinska.
Dried tart cherries are covered by the scope of this investigation
regardless of the horticulture method through which the cherries were
produced (e.g., organic or not), whether or not they contain any added
sugar or other sweetening matter, whether or not they are coated in oil
or rice flour, whether infused or not infused, and regardless of the
infusion ingredients, including sugar, sucrose, fruit juice, and any
other infusion ingredients. The scope includes partially rehydrated
dried tart cherries that retain the character of dried fruit. The
subject merchandise covers all shapes, sizes, and colors of dried tart
cherries, whether pitted or unpitted, and whether whole, chopped,
minced, crumbled, broken, or otherwise reduced in size. The scope
covers dried tart cherries in all types of packaging, regardless of the
size or packaging material.
Included in the scope of this investigation are dried tart cherries
that otherwise meet the definition above that are packaged with non-
subject products, including, but not limited to, mixtures of dried
fruits and mixtures of dried fruits and nuts, where the smallest
individual packaging unit of any such product contains a majority
(i.e., 50 percent or more) of dried tart cherries by dry net weight.
Only the dried tart cherry components of such products are covered by
this investigation; the scope does not include the non-subject
components of such products.
Included in the scope of this investigation are dried tart cherries
that have been further processed in a third country, including but not
limited to processing by stabilizing, preserving, sweetening, adding
oil or syrup, coating, chopping, mincing, crumbling, packaging with
non-subject products, or other packaging, or any other processing that
would not otherwise remove the merchandise from the scope of the
investigation if performed in the country of manufacture of the dried
tart cherries.
Excluded from the scope of this investigation are dried tart
cherries that have been incorporated as an ingredient in finished
bakery and confectionary items (cakes, cookies, candy, granola bars,
etc.).
The subject merchandise is currently classifiable under
0813.40.3000 of the Harmonized Tariff Schedule of the United States
(HTSUS). The subject merchandise may also enter under subheadings
0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000, 2006.00.5000,
and 2008.60.0060. The HTSUS subheadings set forth above are provided
for convenience and U.S. customs purposes only. The written description
of the scope is 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 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 Turkey of dried tart cherries, 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) (84 FR 51109 and 84
FR 51112, September 27, 2019). The investigations were requested in
petitions filed on April 23, 2019, by the Dried Tart Cherry Trade
Committee.
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 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 November
19, 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 Tuesday,
December 3, 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 November 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 December 2, 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 November 25, 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 December 9, 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 December 9, 2019. On January 6, 2020, the
Commission will make available to parties all information on which they
have not had an opportunity to
[[Page 53177]]
comment. Parties may submit final comments on this information on or
before January 9, 2020, 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 Filing Procedures, available on the Commission's website at
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf,
elaborates upon the Commission's procedures with respect to filings.
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 1, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-21644 Filed 10-3-19; 8:45 am]
BILLING CODE 7020-02-P
