Wood Mouldings and Millwork Products From China; Determinations, 9951-9952 [2021-03100]

Download as PDF Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices An owner objection was received for the following resource: COLORADO Park County Spring House-Moynahan House, 53 South Pine St., Alma, SG100006292 CALIFORNIA CONNECTICUT New London County Edward Bloom Silk Company Factory, 90 Garfield Ave., New London, SG100006266 KENTUCKY Boyle County Marshall-Wallace House, (Boyle MPS), 350 Harberson Ln., Danville, MP100006268 Rowan County Downtown Morehead Historic District, Roughly bounded by South Hargis Ave., West 1st, East 1st, Bridge, East Main, and East 2nd Sts., North Wilson Ave., and West Main St., Morehead, SG100006264 CALIFORNIA OHIO Marion County Federal Building, 575 North Pennsylvania St., Indianapolis, SG100006289 Cuyahoga County Clifton Park South Historic District, Portions of Clifton, Forest, and Lake Rds., Captain’s Cove and West Clifton Blvd., Lakewood, SG100006265 Summit County Roach, Moses and Minerva, House,9044 Church St., Twinsburg, SG100006293 Los Angeles County Federal Building, 300 North Los Angeles St., Los Angeles, SG100006288 INDIANA NEBRASKA Saunders County Camp Ashland Memorial Hall, 220 Cty. 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WISCONSIN [FR Doc. 2021–03123 Filed 2–16–21; 8:45 am] Brown County Robinson Hill Historic District, South Jackson and South Van Buren Sts., generally bounded by Catherine St. and Allouiez Terr., Allouez, SG100006285 BILLING CODE 4312–52–P Dane County Gray, Philip H. and Margaret, House, 6115 North Highlands Ave., Madison, SG100006286 [Investigation Nos. 701–TA–636 and 731– TA–1470 (Final)] INTERNATIONAL TRADE COMMISSION La Crosse County Holy Trinity School, 1417 13th St. South,La Crosse, SG100006283 Milwaukee County Milwaukee Journal Complex, 333 West State St., 918 Vel R. Phillips Ave., Milwaukee, SG100006270 Trempealeau County East Arcadia Roller Mill, W25818 Mill Rd., Arcadia, SG100006294 jbell on DSKJLSW7X2PROD with NOTICES Orange County Stuft Shirt, 2241 West Coast Hwy., Newport Beach, SG100006297 Nominations submitted by Federal Preservation Officers: The State Historic Preservation Officer reviewed the following nominations and responded to the Federal Preservation Officer within 45 days of receipt of the nominations and supports listing the properties in the National Register of Historic Places. WYOMING Platte County Wheatland Downtown Historic District, 9th St. from Walnut to Water Sts., and Gilchrist St. from 8th to 9th Sts., Wheatland, SG100006269 VerDate Sep<11>2014 20:43 Feb 16, 2021 Jkt 253001 Wood Mouldings and Millwork Products 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 wood mouldings and millwork products from China, primarily provided for in subheadings 4409.10.40, 4409.10.45, 4409.10.50, 4409.22.40, 4409.22.50, 4409.29.41, and 4409.29.51 of the Harmonized Tariff Schedule of 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 9951 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.2 Background The Commission instituted these investigations effective January 8, 2020, following receipt of petitions filed with the Commission and Commerce by the Coalition of American Millwork Producers (Bright Wood Corporation, Madras, Oregon; Cascade Wood Products, Inc., White City, Oregon; Endura Products, Inc., Colfax, North Carolina; Sierra Pacific Industries, Red Bluff, California; Sunset Moulding, Live Oak, California; Woodgrain Millwork Inc., Fruitland, Idaho; and Yuba River Moulding, Yuba City, California).3 The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of wood mouldings and millwork products 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 2, 2020 (85 FR 54593). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on December 22, 2020. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 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 February 10, 2021. The views of the Commission are contained in USITC Publication 5157 (February 2021), entitled Wood Mouldings and Millwork Products From China: Investigation Nos. 701–TA–636 and 731–TA–1470 (Final). 2 Vice Chair Randolph J. Stayin not participating. the final phase of the investigations, Best Moulding Corporation, Albuquerque, New Mexico; Menzner Lumber and Supply Company, Marathon, Wisconsin; and Pacific Wood Laminates, Brookings, Oregon, joined the Coalition of American Millwork Producers. 3 During E:\FR\FM\17FEN1.SGM 17FEN1 9952 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices By order of the Commission. Issued: February 10, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–03100 Filed 2–16–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1159] Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Processes Therefor; Commission Decision Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation Notice is hereby given that the U.S. International Trade Commission has determined to affirm the presiding administrative law judge’s (‘‘ALJ’s’’) initial determination (‘‘ID’’) (Order No. 34) finding a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation and has issued a limited exclusion order and cease and desist orders prohibiting importation of certain lithium ion batteries, battery cells, battery modules, battery packs, and components thereof. The investigation is hereby terminated. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. 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 http://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 4, 2019, based on a complaint filed on behalf of LG Chem, Ltd. of Seoul, Republic of Korea and LG Chem Michigan, Inc. of Holland, Michigan. 84 FR 25858 (June 4, 2019). As discussed further below, the complainants, as of the date of this Notice, are LG Chem, Ltd. of Seoul, Republic of Korea, LG Energy Solution, Ltd. of Seoul, Republic of Korea, and LG Energy Solution Michigan, Inc. (collectively, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:43 Feb 16, 2021 Jkt 253001 ‘‘complainants’’ or ‘‘LG’’). The complaint, as supplemented, alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation and sale of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes therefor by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States, under subsection (a)(1)(A) of Section 337. The complaint, as supplemented, names SK Innovation Co., Ltd. of Seoul, Republic of Korea and SK Battery America, Inc. of Atlanta, Georgia as the respondents (collectively, ‘‘respondents’’ or ‘‘SK’’). The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. On November 5, 2019, LG moved for an order entering default judgment against the respondents due to contempt of Order No. 13, which granted in part complainants’ motion to compel forensic examination of respondents’ computer system due to alleged spoliation of evidence. Respondents opposed the motion and OUII supported the motion. On February 14, 2020, the ALJ issued the subject ID (Order No. 34) finding that the respondents spoliated evidence, and that the appropriate remedy is to find the respondents in default. The ID noted that complainants do not seek a general exclusion order, and therefore no issues remain to be litigated, and terminated the investigation. ID at 131. On March 3, 2020, SK filed a petition for Commission review of the ID. On March 11, 2020, LG and OUII filed oppositions thereto. On April 17, 2020, the Commission determined to review the ID in its entirety. 85 FR 22,753 (Apr. 23, 2020) (‘‘Notice of Review’’). The Notice of Review requested the parties to brief certain issues under review. The Notice of Review also sought briefing from the parties, interested government agencies, and any other interested parties on remedy, the public interest, and bonding. On May 1, 2020, the parties filed their opening briefs on the issues under review, and on remedy, the public interest and bonding. SK also filed a short submission seeking a hearing before the Commission on remedy, the public interest, and bonding. See 19 CFR 210.50(a)(v). The Commission also received a number of comments from non-parties on remedy and the public interest. On May 12, 2020, the parties filed reply briefs on the issues under review, and on remedy, the public PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 interest and bonding. Certain nonparties also submitted reply comments on remedy and the public interest. On June 26, 2020, LG filed a motion for leave to file a supplemental submission on remedy, the public interest, and bonding. On July 8, 2020, SK opposed the motion. On July 13, 2020, SK filed a notice of new developments related to issues raised in the remedy, public interest, and bonding briefing. On July 28, 2020, SK moved for leave to file a reply in support of its notice. On September 1, 2020, LG filed a notice of supplemental facts. On November 25, 2020, SK filed a motion for leave to file a supplemental submission in connection with remedy and the public interest. The Commission has determined to grant the motions for leave and to make all of the foregoing submissions and responses thereto part of the administrative record. On December 1, 2020, Complainants filed a motion to amend the complaint and NOI to reflect a reorganization of LG Chem, Ltd. in which (i) certain business functions were transferred to a newly created subsidiary named LG Energy Solution, Ltd., and (ii) LG Chem Michigan, Inc. was renamed LG Energy Solution Michigan, Inc. (EDIS Doc. ID 726833). The Commission has determined to grant that motion, has added LG Energy Solution, Ltd. as a complainant, and has changed the name of LG Chem Michigan Inc. to LG Energy Solution Michigan, Inc. The Commission has determined not to conduct a hearing pursuant to 19 CFR 210.50. The Commission finds that the parties and non-parties have failed to demonstrate why a hearing would be warranted. The Commission has been mindful of the public interest submissions in fashioning an appropriate remedy. Having reviewed the record of the investigation, including the parties’ submissions to the ALJ, Order No. 34, and the parties’ and non-parties’ submissions to the Commission, the Commission has determined to affirm the ID’s finding of default, with modified reasoning clarifying the distinct bases for sanctions under (i) 19 U.S.C. 1337(h) and Commission Rule 210.33, 19 CFR 210.33 and (ii) inherent authority under Micron Technology, Inc. v. Rambus Inc., 645 F.3d 1311 (Fed. Cir. 2011). The Commission finds that both bases apply here. The Commission thereby affirms the ID’s finding of violation of section 337. The Commission has further determined that the appropriate remedy is: (1) A limited exclusion order prohibiting the entry of certain lithium ion batteries, battery cells, battery E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Pages 9951-9952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03100]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-636 and 731-TA-1470 (Final)]


Wood Mouldings and Millwork Products 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 wood mouldings and millwork products from China, 
primarily provided for in subheadings 4409.10.40, 4409.10.45, 
4409.10.50, 4409.22.40, 4409.22.50, 4409.29.41, and 4409.29.51 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.\2\
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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\ Vice Chair Randolph J. Stayin not participating.
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Background

    The Commission instituted these investigations effective January 8, 
2020, following receipt of petitions filed with the Commission and 
Commerce by the Coalition of American Millwork Producers (Bright Wood 
Corporation, Madras, Oregon; Cascade Wood Products, Inc., White City, 
Oregon; Endura Products, Inc., Colfax, North Carolina; Sierra Pacific 
Industries, Red Bluff, California; Sunset Moulding, Live Oak, 
California; Woodgrain Millwork Inc., Fruitland, Idaho; and Yuba River 
Moulding, Yuba City, California).\3\ The final phase of the 
investigations was scheduled by the Commission following notification 
of preliminary determinations by Commerce that imports of wood 
mouldings and millwork products 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 2, 2020 
(85 FR 54593). In light of the restrictions on access to the Commission 
building due to the COVID-19 pandemic, the Commission conducted its 
hearing through written testimony and video conference on December 22, 
2020. All persons who requested the opportunity were permitted to 
participate.
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    \3\ During the final phase of the investigations, Best Moulding 
Corporation, Albuquerque, New Mexico; Menzner Lumber and Supply 
Company, Marathon, Wisconsin; and Pacific Wood Laminates, Brookings, 
Oregon, joined the Coalition of American Millwork Producers.
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    The Commission made these determinations pursuant to Sec. Sec.  
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 February 10, 2021. The views of the Commission are 
contained in USITC Publication 5157 (February 2021), entitled Wood 
Mouldings and Millwork Products From China: Investigation Nos. 701-TA-
636 and 731-TA-1470 (Final).


[[Page 9952]]


    By order of the Commission.

    Issued: February 10, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-03100 Filed 2-16-21; 8:45 am]
BILLING CODE 7020-02-P