Oil Country Tubular Goods From China; Scheduling of Expedited Five-Year Reviews, 64161-64162 [2020-22382]

Download as PDF Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices including an environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into leases. The HEARTH Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department of the Interior’s (Department) leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the HEARTH Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation, California. II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72440, 72447–48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under Tribal leasing regulations approved by the Federal government pursuant to the HEARTH Act. Section 5 of the Indian Reorganization Act, 25 U.S.C. 5108, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). Similarly, section 5108 preempts State taxation of rent payments by a lessee for leased trust lands, because ‘‘tax on the payment of rent is indistinguishable from an impermissible tax on the land.’’ See Seminole Tribe of Florida v. Stranburg, 799 F.3d 1324, 1331, n.8 (11th Cir. 2015). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have applied a balancing test to determine whether State and local taxation of non-Indians on the reservation is preempted. White VerDate Sep<11>2014 17:26 Oct 08, 2020 Jkt 253001 Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker balancing test, which is conducted against a backdrop of ‘‘traditional notions of Indian self- government,’’ requires a particularized examination of the relevant State, Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72447–48, as supplemented by the analysis below. The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [Tribes] to approve leases quickly and efficiently.’’ H. Rep. 112–427 at 6 (2012). Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 572 U.S. 782, 810 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding’’). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a tribe that, as a result, might refrain from exercising its own sovereign right to impose a Tribal tax to support its infrastructure needs. See id. at 810–11 (finding that State and local taxes greatly discourage Tribes from raising tax revenue from the same sources because the imposition of double taxation would impede Tribal economic growth). Similar to BIA’s surface leasing regulations, Tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See 25 U.S.C. 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with BIA PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 64161 surface leasing regulations). Furthermore, the Federal government remains involved in the Tribal land leasing process by approving the Tribal leasing regulations in the first instance and providing technical assistance, upon request by a Tribe, for the development of an environmental review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the Tribal regulations, including terminating the lease or rescinding approval of the Tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the Tribal regulations according to the Part 162 regulations. Accordingly, the Federal and Tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by Tribal leasing regulations or Part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation, California. Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–22425 Filed 10–8–20; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–463 and 731– TA–1159 (Second Review)] Oil Country Tubular Goods From China; Scheduling of Expedited FiveYear Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing and antidumping duty orders on oil country tubular goods from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: July 6, 2020 FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202)708–2579), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, SUMMARY: E:\FR\FM\09OCN1.SGM 09OCN1 64162 Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices 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 reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On July 6, 2020, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 18268, April 1, 2020) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at 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. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on October 9, 2020, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the Commission’s website. VerDate Sep<11>2014 17:26 Oct 08, 2020 Jkt 253001 notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determination the Commission should reach in the reviews. Comments are due on or before October 21, 2020 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by October 21, 2020. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must 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. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (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. Determination.—The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. 2 The Commission has found the joint response to its notice of institution filed on behalf of seven domestic producers of oil country tubular goods, BENTELER Steel/Tube Manufacturing Corp., IPSCO Tubulars, Inc., United States Steel Corporation, Vallourec STAR, L.P., Welded Tube USA Inc., Maverick Tube Corporation, and Tenaris Bay City, Inc. (collectively, ‘‘domestic interested parties’’) to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Issued: October 5, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–22382 Filed 10–8–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. TA–201–77] Fresh, Chilled, or Frozen Blueberries; Institution of Investigation, Scheduling of Public Hearings, and Determination That the Investigation Is Extraordinarily Complicated United States International Trade Commission. ACTION: Notice of institution of investigation and scheduling of public hearings; determination that the investigation is extraordinarily complicated. AGENCY: Following receipt of a request from the United States Trade Representative (‘‘USTR’’) on September 29, 2020, the Commission has instituted Investigation No. TA–201–77 pursuant to section 202 of the Trade Act of 1974 (‘‘the Act’’) to determine whether fresh, chilled, or frozen blueberries are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. The Commission has determined that this investigation is ‘‘extraordinarily complicated’’ within the meaning of section 202(b)(2)(B) of the Act, and will make its injury determination within 135 days after the petition was filed, or by February 11, 2021. The Commission will submit to the President the report required under section 202(f)(1) of the Act within 180 days after the date on which the petition was filed, or by March 29, 2021. DATES: September 29, 2020. FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202–205–2610), 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:// SUMMARY: E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64161-64162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22382]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-463 and 731-TA-1159 (Second Review)]


Oil Country Tubular Goods From China; Scheduling of Expedited 
Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of 
expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether revocation of the countervailing and antidumping duty 
orders on oil country tubular goods from China would be likely to lead 
to continuation or recurrence of material injury within a reasonably 
foreseeable time.

DATES: July 6, 2020

FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202)708-2579), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW,

[[Page 64162]]

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 reviews may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On July 6, 2020, the Commission determined that the 
domestic interested party group response to its notice of institution 
(85 FR 18268, April 1, 2020) of the subject five-year reviews was 
adequate and that the respondent interested party group response was 
inadequate. The Commission did not find any other circumstances that 
would warrant conducting full reviews.\1\ Accordingly, the Commission 
determined that it would conduct expedited reviews pursuant to section 
751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
---------------------------------------------------------------------------

    \1\ A record of the Commissioners' votes is available from the 
Office of the Secretary and at the Commission's website.
---------------------------------------------------------------------------

    For further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207).
    Please note the Secretary's Office will accept only electronic 
filings at 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.
    Staff report.--A staff report containing information concerning the 
subject matter of the reviews will be placed in the nonpublic record on 
October 9, 2020, and made available to persons on the Administrative 
Protective Order service list for these reviews. A public version will 
be issued thereafter, pursuant to section 207.62(d)(4) of the 
Commission's rules.
    Written submissions.--As provided in section 207.62(d) of the 
Commission's rules, interested parties that are parties to the reviews 
and that have provided individually adequate responses to the notice of 
institution,\2\ and any party other than an interested party to the 
reviews may file written comments with the Secretary on what 
determination the Commission should reach in the reviews. Comments are 
due on or before October 21, 2020 and may not contain new factual 
information. Any person that is neither a party to the five-year 
reviews nor an interested party may submit a brief written statement 
(which shall not contain any new factual information) pertinent to the 
reviews by October 21, 2020. However, should the Department of Commerce 
(``Commerce'') extend the time limit for its completion of the final 
results of its reviews, the deadline for comments (which may not 
contain new factual information) on Commerce's final results is three 
business days after the issuance of Commerce's results. If comments 
contain business proprietary information (BPI), they must 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.
---------------------------------------------------------------------------

    \2\ The Commission has found the joint response to its notice of 
institution filed on behalf of seven domestic producers of oil 
country tubular goods, BENTELER Steel/Tube Manufacturing Corp., 
IPSCO Tubulars, Inc., United States Steel Corporation, Vallourec 
STAR, L.P., Welded Tube USA Inc., Maverick Tube Corporation, and 
Tenaris Bay City, Inc. (collectively, ``domestic interested 
parties'') to be individually adequate. Comments from other 
interested parties will not be accepted (see 19 CFR 207.62(d)(2)).
---------------------------------------------------------------------------

    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the reviews must be served on all other 
parties to the reviews (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.
    Determination.--The Commission has determined these reviews are 
extraordinarily complicated and therefore has determined to exercise 
its authority to extend the review period by up to 90 days pursuant to 
19 U.S.C. 1675(c)(5)(B).
    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: October 5, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22382 Filed 10-8-20; 8:45 am]
BILLING CODE 7020-02-P

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