Biodiesel From Argentina and Indonesia; Scheduling of Expedited Five-Year Reviews, 19668-19669 [2023-06776]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 19668 Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices 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 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 VerDate Sep<11>2014 17:14 Mar 31, 2023 Jkt 259001 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 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 Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Bryan Newland, Assistant Secretary—Indian Affairs. [FR Doc. 2023–06874 Filed 3–31–23; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–571–572 and 731–TA–1347–1348 (Review)] Biodiesel From Argentina and Indonesia; 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 SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 revocation of the antidumping duty and countervailing duty orders on biodiesel from Argentina and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: March 6, 2023. FOR FURTHER INFORMATION CONTACT: Tyler Berard (202–205–3354), 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 this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On March 6, 2023, the Commission determined that the domestic interested party group response to its notice of institution (87 FR 73781, December 1, 2022) 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). Staff report.—A staff report containing information concerning the subject matter of the reviews has been placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for these reviews on May 3, 2023. 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, 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices 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 11, 2023, 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 11, 2023. 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 §§ 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 §§ 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 § 207.62 of the Commission’s rules. lotter on DSK11XQN23PROD with NOTICES1 By order of the Commission. Issued: March 28, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–06776 Filed 3–31–23; 8:45 am] BILLING CODE 7020–02–P 2 The Commission has found the response submitted on behalf of the Clean Fuels Alliance Fair Trade Coalition to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Sep<11>2014 17:14 Mar 31, 2023 Jkt 259001 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–487 and 731– TA–1197–1198 (Second Review)] Steel Wire Garment Hangers From Taiwan and Vietnam; Institution of Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty orders on steel wire garment hangers from Taiwan and Vietnam and the countervailing duty order on steel wire garment hangers from Vietnam would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES: Instituted April 3, 2023. To be assured of consideration, the deadline for responses is May 3, 2023. Comments on the adequacy of responses may be filed with the Commission by June 14, 2023. FOR FURTHER INFORMATION CONTACT: Tyler Berard (202–205–3354), 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 this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On December 10, 2012, the Department of Commerce (‘‘Commerce’’) issued an antidumping duty order on imports of steel wire garment hangers from Taiwan (77 FR 73424). On February 5, 2013, Commerce issued antidumping and countervailing duty orders on imports of steel wire garment hangers from Vietnam (78 FR 8105 and 8107). Following the first fiveyear reviews by Commerce and the Commission, Commerce issued a continuation of the antidumping duty SUMMARY: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 19669 orders on steel wire garment hangers from Taiwan and Vietnam, effective May 31, 2018 (83 FR 24972), and the countervailing duty order on steel wire garment hangers from Vietnam, effective August 20, 2018 (83 FR 42111). The Commission is now conducting second reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by Commerce. (2) The Subject Countries in these reviews are Taiwan and Vietnam. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations and its expedited first five-year review determinations, the Commission defined a single Domestic Like Product consisting of steel wire garment hangers, coextensive with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations and its expedited first five-year review determinations, the Commission defined the Domestic Industry as all U.S. producers of steel wire garment hangers. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19668-19669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06776]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-571-572 and 731-TA-1347-1348 (Review)]


Biodiesel From Argentina and Indonesia; 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 antidumping duty and countervailing 
duty orders on biodiesel from Argentina and Indonesia would be likely 
to lead to continuation or recurrence of material injury within a 
reasonably foreseeable time.

DATES: March 6, 2023.

FOR FURTHER INFORMATION CONTACT: Tyler Berard (202-205-3354), 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 this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On March 6, 2023, the Commission determined that the 
domestic interested party group response to its notice of institution 
(87 FR 73781, December 1, 2022) 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, the Commission's 
statement on adequacy, and any individual Commissioner's statements 
will be 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).
    Staff report.--A staff report containing information concerning the 
subject matter of the reviews has been placed in the nonpublic record, 
and will be made available to persons on the Administrative Protective 
Order service list for these reviews on May 3, 2023. 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,

[[Page 19669]]

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 11, 2023, 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 11, 2023. 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 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.
---------------------------------------------------------------------------

    \2\ The Commission has found the response submitted on behalf of 
the Clean Fuels Alliance Fair Trade Coalition to be individually 
adequate. Comments from other interested parties will not be 
accepted (see 19 CFR 207.62(d)(2)).
---------------------------------------------------------------------------

    In accordance with Sec. Sec.  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 Sec.  207.62 of the Commission's rules.

    By order of the Commission.

    Issued: March 28, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-06776 Filed 3-31-23; 8:45 am]
BILLING CODE 7020-02-P
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