Paper File Folders From China, India, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations, 37579-37581 [2023-12251]
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Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–571–572 and
731–TA–1347–1348 (Review)]
Biodiesel From Argentina and
Indonesia
Determinations
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping and countervailing duty
orders on biodiesel from Argentina and
Indonesia would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.
Background
The Commission instituted these
reviews on December 1, 2022 (87 FR
73781) and determined on March 6,
2023 that it would conduct expedited
reviews (88 FR 19668, April 3, 2023).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on June 2, 2023. The
views of the Commission are contained
in USITC Publication 5428 (June 2023),
entitled Biodiesel from Argentina and
Indonesia: Investigation Nos. 701–TA–
571–572 and 731–TA–1347–1348
(Review).
By order of the Commission.
Issued: June 2, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–12222 Filed 6–7–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–683 and 731–
TA–1594–1596 (Final)]
Paper File Folders From China, India,
and Vietnam; Scheduling of the Final
Phase of Countervailing Duty and AntiDumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
SUMMARY:
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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phase of antidumping and
countervailing duty investigation Nos.
701–TA–683 and 731–TA–1594–1596
(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 paper file folders from China,
India, and Vietnam, provided for in
subheading 4820.30.00 of the
Harmonized Tariff Schedule of the
United States, preliminarily determined
by the Department of Commerce
(‘‘Commerce’’) to be subsidized and sold
at less-than-fair-value.
DATES: May 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Calvin Chang ((202) 205–3062), 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.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as file folders
consisting primarily of paper,
paperboard, pressboard, or other
cellulose material, whether coated or
uncoated, that has been folded (or
creased in preparation to be folded),
glued, taped, bound, or otherwise
assembled to be suitable for holding
documents. The scope includes all such
folders, regardless of color, whether or
not expanding, whether or not
laminated, and with or without tabs,
fasteners, closures, hooks, rods, hangers,
pockets, gussets, or internal dividers.
The term ‘‘primarily’’ as used in the first
sentence of this scope means 50 percent
or more of the total product weight,
exclusive of the weight of fasteners,
closures, hooks, rods, hangers,
removable tabs, and similar accessories,
and exclusive of the weight of
packaging.
Subject folders have the following
dimensions in their folded and closed
position: lengths and widths of at least
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37579
8 inches and no greater than 17 inches,
regardless of depth.
The scope covers all varieties of
folders, including but not limited to
manila folders, hanging folders, fastener
folders, classification folders, expanding
folders, pockets, jackets, and wallets.
Excluded from the scope are:
• mailing envelopes with a flap
bearing one or more adhesive strips that
can be used permanently to seal the
entire length of a side such that, when
sealed, the folder is closed on all four
sides;
• binders, with two or more rings to
hold documents in place, made from
paperboard or pressboard encased
entirely in plastic;
• binders consisting of a front cover,
back cover, and spine, with or without
a flap; to be excluded, a mechanism
with two or more metal rings must be
included on or adjacent to the interior
spine;
• non-expanding folders with a depth
exceeding 2.5 inches and that are closed
or closeable on the top, bottom, and all
four sides (e.g., boxes or cartons);
• expanding folders that have (1) 13
or more pockets, (2) a flap covering the
top, (3) a latching mechanism made of
plastic and/or metal to close the flap,
and (4) an affixed plastic or metal carry
handle;
• folders that have an outer surface
(other than the gusset, handles, and/or
closing mechanisms, if any) that is
covered entirely with fabric, leather,
and/or faux leather;
• fashion folders, which are defined
as folders with all of the following
characteristics: (1) plastic lamination
covering the entire exterior of the folder,
(2) printing, foil stamping, embossing
(i.e., raised relief patterns that are
recessed on the opposite side), and/or
debossing (i.e., recessed relief patterns
that are raised on the opposite side),
covering the entire exterior surface area
of the folder, (3) at least two visible and
printed or foil stamped colors other than
the color of the base paper, and other
than the printing of numbers, letters,
words, or logos, each of which
separately covers no less than 10
percent of the entire exterior surface
area, and (4) patterns, pictures, designs,
or artwork covering no less than thirty
percent of the exterior surface area of
the folder;
• portfolios, which are folders having
(1) a width of at least 16 inches when
open flat, (2) no tabs or dividers, and (3)
one or more pockets that are suitable for
holding letter size documents and that
cover at least 15 percent of the surface
area of the relevant interior side or
sides; and
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Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Notices
• report covers, which are folders
having (1) no tabs, dividers, or pockets,
and (2) one or more fasteners or clips,
each of which is permanently affixed to
the center fold, to hold papers securely
in place.
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 India of paper file folders, and that
such products from China, India, and
Vietnam 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 October
12, 2023, by the Coalition of Domestic
Folder Manufacturers, Hastings,
Minnesota and Naperville, Illinois.
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).
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.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
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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 September 19,
2023, 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, October 3,
2023. Requests to appear at the hearing
should be filed in writing with the
Secretary to the Commission on or
before September 27, 2023. Any
requests to appear as a witness via
videoconference must be included with
your request to appear. Requests to
appear via videoconference must
include a statement explaining why the
witness cannot appear in person; the
Chairman, or other person designated to
conduct the investigation, may in their
discretion for good cause shown, grant
such a request. Requests to appear as
remote witness due to illness or a
positive COVID–19 test result may be
submitted by 3pm the business day
prior to the hearing. Further information
about participation in the hearing will
be posted on the Commission’s website
at https://www.usitc.gov/calendarpad/
calendar.html.
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 attend a
prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on
September 29, 2023. Parties shall file
and serve written testimony and
presentation slides in connection with
their presentation at the hearing by no
later than 4:00 p.m. on October 2, 2023.
Oral testimony and written materials to
be submitted at the public hearing are
governed by sections 201.6(b)(2),
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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 § 207.23 of the
Commission’s rules; the deadline for
filing is September 26, 2023. Parties
shall also file written testimony in
connection with their presentation at
the hearing, and posthearing briefs,
which must conform with the
provisions of § 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is October 11,
2023. 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
October 11, 2023. On October 24, 2023,
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 October 26, 2023, 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.
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Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Notices
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.
Issued: June 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–12251 Filed 6–7–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0042]
Occupational Safety and Health
Administration Conflict of Interest
(COI) and Disclosure Form; Extension
of the Office of Management and
Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its request to
extend the Office of Management and
Budget’s (OMB) approval of information
collection. Regarding the Occupational
Safety and Health Administration
Conflict of Interest (COI) and Disclosure
Form.
DATES: Comments must be submitted
(postmarked, sent, or received) by
August 7, 2023.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at https://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office at (202)
693–2350 (TTY (877) 889–5627) for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
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Docket Number for this Federal Register
notice (OSHA–2009–0042). OSHA will
place comments, including personal
information, in the public docket, which
may be available online. Therefore,
OSHA cautions interested parties about
submitting personal information such as
Social Security numbers and birthdates.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of
the continuing effort to reduce
paperwork and respondent (i.e.,
employer) burden, conducts a
preclearance consultation program to
provide the public with an opportunity
to comment on proposed and
continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, the collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.)
authorizes information collection by
employers as necessary or appropriate
for enforcement of the OSH Act or for
developing information regarding the
causes and prevention of occupational
injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires
that OSHA obtain such information
with minimum burden upon employers,
especially those operating small
businesses, and to reduce to the
maximum extent feasible unnecessary
duplication of effort in obtaining
information (29 U.S.C. 657).
OSHA conducts peer reviews of a
draft product for quality by specialists
in the field who were not involved in
producing the draft. The selection of
participants in a peer review is based on
expertise, considering their
independence and any actual or
potential conflicts of interest. The Office
of Management and Budget published
the Final Information Quality Bulletin
for Peer Review on December 15, 2004.
The Bulletin states ‘‘. . . the agency
must address reviewers’ potential
conflicts of interest (including those
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37581
stemming from ties to regulated
businesses and other stakeholders) and
independence from the agency.’’ The
Bulletin requires agencies to adopt or
adapt the committee selection policies
employed by the National Academy of
Sciences (NAS) when selecting peer
reviewers who are not government
employees. To fulfill this requirement,
OSHA has developed a Conflict of
Interest (COI) and Disclosure Form,
based on NAS’ Conflict of Interest
Disclosure form. This form will be used
to determine whether a conflict exists
for a potential peer review panel
member.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply—for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
There are no changes in burden hours
from the previous Information
Collection Request for obtaining the
necessary background information and
disclosure of conflict-of-interest
information to ensure that invited
experts are not compromised.
OSHA will summarize the comments
submitted in response to this notice and
will include this summary in the
request to OMB to extend the approval
of the information collection
requirements.
Type of Review: Extension of a
currently approved collection.
Title: Occupational Safety and Health
Administration Conflict of Interest (COI)
and Disclosure Form.
OMB Control Number: 1218–0255.
Affected Public: Individuals and
Households.
Number of Respondents: 36.
Frequency: On occasion.
Average Time per Response: OSHA
estimates it will take thirty minutes (30/
60 hour) to complete the short version
of the COI form, and one (1) hour to
complete the long version of the COI
form.
Estimated Total Number of
Responses: 36.
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]]>Agencies
[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37579-37581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12251]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-683 and 731-TA-1594-1596 (Final)]
Paper File Folders From China, India, and Vietnam; 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-683 and 731-TA-1594-1596 (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 paper file folders from China, India,
and Vietnam, provided for in subheading 4820.30.00 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: May 17, 2023.
FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), 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 file folders consisting primarily of paper,
paperboard, pressboard, or other cellulose material, whether coated or
uncoated, that has been folded (or creased in preparation to be
folded), glued, taped, bound, or otherwise assembled to be suitable for
holding documents. The scope includes all such folders, regardless of
color, whether or not expanding, whether or not laminated, and with or
without tabs, fasteners, closures, hooks, rods, hangers, pockets,
gussets, or internal dividers. The term ``primarily'' as used in the
first sentence of this scope means 50 percent or more of the total
product weight, exclusive of the weight of fasteners, closures, hooks,
rods, hangers, removable tabs, and similar accessories, and exclusive
of the weight of packaging.
Subject folders have the following dimensions in their folded and
closed position: lengths and widths of at least 8 inches and no greater
than 17 inches, regardless of depth.
The scope covers all varieties of folders, including but not
limited to manila folders, hanging folders, fastener folders,
classification folders, expanding folders, pockets, jackets, and
wallets.
Excluded from the scope are:
mailing envelopes with a flap bearing one or more adhesive
strips that can be used permanently to seal the entire length of a side
such that, when sealed, the folder is closed on all four sides;
binders, with two or more rings to hold documents in
place, made from paperboard or pressboard encased entirely in plastic;
binders consisting of a front cover, back cover, and
spine, with or without a flap; to be excluded, a mechanism with two or
more metal rings must be included on or adjacent to the interior spine;
non-expanding folders with a depth exceeding 2.5 inches
and that are closed or closeable on the top, bottom, and all four sides
(e.g., boxes or cartons);
expanding folders that have (1) 13 or more pockets, (2) a
flap covering the top, (3) a latching mechanism made of plastic and/or
metal to close the flap, and (4) an affixed plastic or metal carry
handle;
folders that have an outer surface (other than the gusset,
handles, and/or closing mechanisms, if any) that is covered entirely
with fabric, leather, and/or faux leather;
fashion folders, which are defined as folders with all of
the following characteristics: (1) plastic lamination covering the
entire exterior of the folder, (2) printing, foil stamping, embossing
(i.e., raised relief patterns that are recessed on the opposite side),
and/or debossing (i.e., recessed relief patterns that are raised on the
opposite side), covering the entire exterior surface area of the
folder, (3) at least two visible and printed or foil stamped colors
other than the color of the base paper, and other than the printing of
numbers, letters, words, or logos, each of which separately covers no
less than 10 percent of the entire exterior surface area, and (4)
patterns, pictures, designs, or artwork covering no less than thirty
percent of the exterior surface area of the folder;
portfolios, which are folders having (1) a width of at
least 16 inches when open flat, (2) no tabs or dividers, and (3) one or
more pockets that are suitable for holding letter size documents and
that cover at least 15 percent of the surface area of the relevant
interior side or sides; and
[[Page 37580]]
report covers, which are folders having (1) no tabs,
dividers, or pockets, and (2) one or more fasteners or clips, each of
which is permanently affixed to the center fold, to hold papers
securely in place.
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 India of paper file folders, and that such products from
China, India, and Vietnam 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 October
12, 2023, by the Coalition of Domestic Folder Manufacturers, Hastings,
Minnesota and Naperville, Illinois.
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).
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.
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
September 19, 2023, 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,
October 3, 2023. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before September 27,
2023. Any requests to appear as a witness via videoconference must be
included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigation, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3pm
the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at https://www.usitc.gov/calendarpad/calendar.html.
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 attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on September
29, 2023. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on October 2, 2023. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 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 September 26, 2023. Parties shall also file
written testimony in connection with their presentation at the hearing,
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 October 11, 2023. 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 October 11, 2023. On October 24, 2023, 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 October 26, 2023, 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.
[[Page 37581]]
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: June 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12251 Filed 6-7-23; 8:45 am]
BILLING CODE 7020-02-P
