Cut-to-Length Carbon Steel Plate From China, Russia, and Ukraine; Scheduling of Expedited Five-Year Reviews, 26067-26068 [2021-10004]

Download as PDF Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices to the docket number (‘‘Docket No. 3547’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). 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. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel 2, solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). khammond on DSKJM1Z7X2PROD with NOTICES By order of the Commission. 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Sep<11>2014 17:58 May 11, 2021 Jkt 253001 Issued: May 7, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10003 Filed 5–11–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–753, 754, and 756 (Fourth Review)] Cut-to-Length Carbon Steel Plate From China, Russia, and Ukraine; Scheduling of Expedited Five-Year 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 antidumping duty order on cut-to-length carbon steel plate from China and the termination of the suspended investigations on cut-tolength carbon steel plate from Russia and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. SUMMARY: DATES: February 5, 2021. 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 reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On February 5, 2021, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 69362, November 2, 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 26067 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 May 13, 2021, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 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 May 20, 2021 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 May 20, 2021. 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 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found a joint response to its notice of institution filed on behalf of ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC, domestic producers of cutto-length carbon steel plate, to each be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\12MYN1.SGM 12MYN1 26068 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices 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. Issued: May 7, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10004 Filed 5–11–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1145 (Bond Return)] Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting an Unopposed Motion for Return of Bond; Return of Bond 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’’) of the presiding Administrative Law Judge (‘‘ALJ’’) granting an unopposed motion of respondent Evolus, Inc. (‘‘Evolus’’) for the return of the bond it paid under the cease and desist order (‘‘CDO’’) during the period of Presidential review. The bond is returned to Evolus. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:58 May 11, 2021 Jkt 253001 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 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. 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: On March 6, 2019, 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 Medytox Inc. (‘‘Medytox’’) of Seoul, South Korea; Allergan plc of Dublin, Ireland; and Allergan, Inc. of Irvine, California (collectively, ‘‘Complainants’’). See 84 FR 8112–13 (Mar. 6, 2019). The complaint, as supplemented, alleges a violation of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain botulinum toxin products, processes for manufacturing or relating to same and certain products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry in the United States. See id. The notice of investigation names as respondents Daewoong Pharmaceuticals Co., Ltd. (‘‘Daewoong’’) of Seoul, Republic of Korea and Evolus of Irvine, California (collectively, ‘‘Respondents’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) was also a party to the investigation. See id. On July 6, 2020, the ALJ issued a final initial determination (‘‘FID’’) finding a violation of section 337 based on the misappropriation of Complainants’ asserted trade secrets (including the Medytox bacterial strain and Medytox manufacturing processes), the threat or effect of which is to destroy or substantially injure an industry in the United States. On September 21, 2020, the Commission issued a notice determining to review the FID in part. See 85 FR 60489–90 (Sept. 25, 2020). PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 On December 16, 2020, the Commission found a violation of section 337 based on the misappropriation of Complainants’ trade secrets (including the Medytox manufacturing processes but not the Medytox bacterial strain). See 85 FR 83610–11 (Dec. 22, 2020). The Commission issued a limited exclusion order against certain botulinum neurotoxin products that are imported and/or sold by Respondents Daewoong and Evolus and a CDO against Evolus. See id. The Commission also set a bond during the period of Presidential review in an amount of $441 per 100U vial of Respondents’ accused products. See id. On February 12, 2021, Complainants filed an appeal from the Commission’s final determination with the Federal Circuit. On the same day, Respondents also filed an appeal from the Commission’s final determination of a violation of section 337. On February 18, 2021, Complainants and Evolus (‘‘Settling Parties’’) announced that they reached a settlement agreement to resolve all pending issues between them. On March 3, 2021, the Settling Parties filed a joint petition to rescind the LEO and CDO based on the settlement agreements between Complainants and Evolus. No party opposed the joint petition. On May 3, 2021, the Commission rescinded the remedial orders issued in this investigation based on the settlement agreements. Comm’n Notice (May 3, 2021). On February 25, 2021, Evolus filed an unopposed motion, pursuant to Commission Rule 210.50(d) (19 CFR 210.50(d)), for the return of the bond it paid under the CDO during the period of Presidential review. On February 26, 2021, the motion was amended to reflect Daewoong’s consent to the motion. On March 4, 2021, OUII filed a response in support of the motion. On March 31, 2021, the ALJ issued the subject ID granting the motion. The ID notes that the motion was filed within 90 days of the expiration of the period of Presidential review, in compliance with Commission Rule 210.50(d)(1)(ii) (19 CFR 210.50(d)(1)(ii)). See ID at 2. The ID also finds no substantive or procedural reason to deny the return of the bond to Evolus. See id. No petition for review of the subject ID was filed. The Commission has determined not to review the subject ID. The bond is returned to Evolus. The Commission’s vote on this determination took place on May 6, 2021. The authority for the Commission’s determination is contained in section E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26067-26068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10004]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-753, 754, and 756 (Fourth Review)]


Cut-to-Length Carbon Steel Plate From China, Russia, and Ukraine; 
Scheduling of Expedited Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

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 antidumping duty order on cut-to-
length carbon steel plate from China and the termination of the 
suspended investigations on cut-to-length carbon steel plate from 
Russia and Ukraine would be likely to lead to continuation or 
recurrence of material injury within a reasonably foreseeable time.

DATES: February 5, 2021.

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

SUPPLEMENTARY INFORMATION: 
    Background.--On February 5, 2021, the Commission determined that 
the domestic interested party group response to its notice of 
institution (85 FR 69362, November 2, 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 
May 13, 2021, and made available to persons on the Administrative 
Protective Order service list for these reviews. A public version will 
be issued thereafter, pursuant to Sec.  207.62(d)(4) of the 
Commission's rules.
    Written submissions.--As provided in Sec.  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 May 20, 2021 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 May 20, 2021. 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

[[Page 26068]]

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 a joint response to its notice of 
institution filed on behalf of ArcelorMittal USA LLC, Nucor 
Corporation, and SSAB Enterprises, LLC, domestic producers of cut-
to-length carbon steel plate, to each 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: May 7, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10004 Filed 5-11-21; 8:45 am]
BILLING CODE 7020-02-P

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