Fluid End Blocks From China, Germany, India, and Italy; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations, 52151-52152 [2020-18443]

Download as PDF Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices [Investigation Nos. 701–TA–632–635 and 731–TA–1466–1468 (Final)] Fluid End Blocks From China, Germany, India, and Italy; 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–632–635 and 731–TA–1466– 1468 (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 fluid end blocks from China, Germany, India, and Italy, provided for in subheadings 7218.91.00, 7218.99.00, 7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 of the Harmonized Tariff Schedule of the United States. The Department of Commerce (‘‘Commerce’’) has preliminarily determined imports of fluid end blocks from China, Germany, India, and Italy to be subsidized and imports of fluid end blocks from Germany and Italy to be sold at lessthan-fair-value. In addition, Commerce has made a preliminary negative determination of sales at less-than-fair value in the antidumping duty investigation of fluid end blocks from India. SUMMARY: DATES: July 23, 2020. jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Kristina Lara ((202) 205–3386), 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. VerDate Sep<11>2014 16:31 Aug 21, 2020 Scope.— For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘forged steel fluid end blocks (fluid end blocks), whether in finished or unfinished form, and which are typically used in the manufacture or service of hydraulic pumps. The term ‘forged’ is an industry term used to describe the grain texture of steel resulting from the application of localized compressive force. Illustrative forging standards include, but are not limited to, American Society for Testing and Materials (ASTM) specifications A668 and A788. For purposes of this investigation, the term ‘steel’ denotes metal containing the following chemical elements, by weight: (i) Iron greater than or equal to 60 percent; (ii) nickel less than or equal to 8.5 percent; (iii) copper less than or equal to 6 percent; (iv) chromium greater than or equal to 0.4 percent, but less than or equal to 20 percent; and (v) molybdenum greater than or equal to 0.15 percent, but less than or equal to 3 percent. Illustrative steel standards include, but are not limited to, American Iron and Steel Institute (AISI) or Society of Automotive Engineers (SAE) grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15–5, 17– 4, F6NM, F22, F60, and XM25, as well as modified varieties of these grades.’’ 1 The products included in the scope of these investigations may enter under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045, 7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations 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 § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China, Germany, India, and Italy of fluid end blocks, and that such products from Germany and Italy are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on December 19, 2019, by SUPPLEMENTARY INFORMATION: INTERNATIONAL TRADE COMMISSION Jkt 250001 1 For a complete definition, please see Commerce’s scope in 85 FR 44500, 85 FR 44513, or 85 FR 44517, July 23, 2020. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 52151 Ellwood City Forge Company, Ellwood Quality Steels Company, and Ellwood National Steel Company (collectively the ‘‘Ellwood Group’’), Ellwood City, Pennsylvania; A. Finkl & Sons (‘‘Finkl Steel’’), Chicago, Illinois; and FEB Fair Trade Coalition (an ad hoc coalition whose members include the Forging Industry Association, the Ellwood Group, and Finkl Steel), Cleveland, Ohio. 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). Although Commerce has preliminarily determined that imports of fluid end blocks from India are not being and are not likely to be sold in the United States at less than fair value, for purposes of efficiency the Commission hereby waives rule 207.21(b) 2 so that the final phase of the investigations may proceed concurrently in the event that Commerce makes a final affirmative determination with respect to such imports. 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 § 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. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. 2 § 207.21(b) of the Commission’s rules provides that, where Commerce has issued a negative preliminary determination, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final determination from Commerce. E:\FR\FM\24AUN1.SGM 24AUN1 jbell on DSKJLSW7X2PROD with NOTICES 52152 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 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 9, 2020, and a public version will be issued thereafter, pursuant to § 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 1, 2020. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https:// www.usitc.gov/calendarpad/ calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before November 24, 2020. 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 November 30, 2020, 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 §§ 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 VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 provisions of § 207.23 of the Commission’s rules; the deadline for filing is November 17, 2020. Parties should file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission’s rules and provided in hearing procedures, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is December 10, 2020. 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 10, 2020. On December 28, 2020, 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 December 30, 2020, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 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 § 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 §§ 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 § 207.21 of the Commission’s rules. By order of the Commission. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Issued: August 18, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–18443 Filed 8–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1199] Certain Tobacco Heating Articles and Components Thereof; Commission Determination Not to Review an Initial Determination Granting Complainants’ Motion for Leave to Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 9) of the presiding administrative law judge (‘‘ALJ’’) granting the complainants’ motion for leave to amend the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.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: On May 15, 2020, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, and R.J. Reynolds Tobacco Company, all of Winston-Salem, North Carolina (collectively, ‘‘Complainants’’). See 85 FR 29482–83. The complaint, as supplemented, alleges a violation of section 337 based upon the importation of certain tobacco heating articles and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 9,839,238; 9,901,123; and SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52151-52152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18443]



[[Page 52151]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-632-635 and 731-TA-1466-1468 (Final)]


Fluid End Blocks From China, Germany, India, and Italy; 
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-632-635 and 731-TA-1466-1468 (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 fluid end blocks from China, Germany, 
India, and Italy, provided for in subheadings 7218.91.00, 7218.99.00, 
7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 of the Harmonized 
Tariff Schedule of the United States. The Department of Commerce 
(``Commerce'') has preliminarily determined imports of fluid end blocks 
from China, Germany, India, and Italy to be subsidized and imports of 
fluid end blocks from Germany and Italy to be sold at less-than-fair-
value. In addition, Commerce has made a preliminary negative 
determination of sales at less-than-fair value in the antidumping duty 
investigation of fluid end blocks from India.

DATES: July 23, 2020.

FOR FURTHER INFORMATION CONTACT: Kristina Lara ((202) 205-3386), 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 
``forged steel fluid end blocks (fluid end blocks), whether in finished 
or unfinished form, and which are typically used in the manufacture or 
service of hydraulic pumps. The term `forged' is an industry term used 
to describe the grain texture of steel resulting from the application 
of localized compressive force. Illustrative forging standards include, 
but are not limited to, American Society for Testing and Materials 
(ASTM) specifications A668 and A788. For purposes of this 
investigation, the term `steel' denotes metal containing the following 
chemical elements, by weight: (i) Iron greater than or equal to 60 
percent; (ii) nickel less than or equal to 8.5 percent; (iii) copper 
less than or equal to 6 percent; (iv) chromium greater than or equal to 
0.4 percent, but less than or equal to 20 percent; and (v) molybdenum 
greater than or equal to 0.15 percent, but less than or equal to 3 
percent. Illustrative steel standards include, but are not limited to, 
American Iron and Steel Institute (AISI) or Society of Automotive 
Engineers (SAE) grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5, 
17-4, F6NM, F22, F60, and XM25, as well as modified varieties of these 
grades.'' \1\
---------------------------------------------------------------------------

    \1\ For a complete definition, please see Commerce's scope in 85 
FR 44500, 85 FR 44513, or 85 FR 44517, July 23, 2020.
---------------------------------------------------------------------------

    The products included in the scope of these investigations may 
enter under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045, 
7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the investigations 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 Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China, Germany, India, and Italy of fluid end blocks, and 
that such products from Germany and Italy are being sold in the United 
States at less than fair value within the meaning of Sec.  733 of the 
Act (19 U.S.C. 1673b). The investigations were requested in petitions 
filed on December 19, 2019, by Ellwood City Forge Company, Ellwood 
Quality Steels Company, and Ellwood National Steel Company 
(collectively the ``Ellwood Group''), Ellwood City, Pennsylvania; A. 
Finkl & Sons (``Finkl Steel''), Chicago, Illinois; and FEB Fair Trade 
Coalition (an ad hoc coalition whose members include the Forging 
Industry Association, the Ellwood Group, and Finkl Steel), Cleveland, 
Ohio.
    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).
    Although Commerce has preliminarily determined that imports of 
fluid end blocks from India are not being and are not likely to be sold 
in the United States at less than fair value, for purposes of 
efficiency the Commission hereby waives rule 207.21(b) \2\ so that the 
final phase of the investigations may proceed concurrently in the event 
that Commerce makes a final affirmative determination with respect to 
such imports.
---------------------------------------------------------------------------

    \2\ Sec.  207.21(b) of the Commission's rules provides that, 
where Commerce has issued a negative preliminary determination, the 
Commission will publish a Final Phase Notice of Scheduling upon 
receipt of an affirmative final determination from Commerce.
---------------------------------------------------------------------------

    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 Sec.  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.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.

[[Page 52152]]

    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  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 
9, 2020, and a public version will be issued thereafter, pursuant to 
Sec.  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 1, 2020. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates.
    Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission on or before November 24, 2020. 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 November 30, 2020, 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 Sec. Sec.  
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 Sec.  207.23 of the Commission's rules; 
the deadline for filing is November 17, 2020. Parties should file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules and provided in 
hearing procedures, and posthearing briefs, which must conform with the 
provisions of Sec.  207.25 of the Commission's rules. The deadline for 
filing posthearing briefs is December 10, 2020. 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 10, 2020. On December 28, 2020, 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 December 30, 2020, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-18443 Filed 8-21-20; 8:45 am]
BILLING CODE 7020-02-P