Certain Pea Protein From China, 60495-60496 [2023-18907]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 60495 patent, whether claim 15 is anticipated by Gabriella, and whether claims 1, 2, 10, and 13 are obvious based on Troutman and Song or Hsia and Song; (2) for the ’694 patent, whether claim 18 is anticipated by Hsia and whether claims 1 and 10 are obvious based on Troutman and Tharalson; (3) the ’919 patent in its entirety; and (4) whether the technical and economic prongs of the domestic industry requirement are met for all three patents. In connection with its review of the ID, the Commission sought briefing from the parties on several questions germane to the issues on review. The Commission also requested briefing from the parties, interested government agencies, and other interested persons on remedy, bonding, and the public interest. On July 20, 2023, the parties submitted briefs responding to the questions posed in the Commission’s Notice of Review and on remedy, the public interest, and bond. Thereafter, on July 27, 2023, each submitted a reply to the other’s brief on review. No additional submissions were received. Having considered the parties’ submissions, the ID, and the record in this investigation, the Commission has determined that no violation of section 337 has occurred based on Respondents’ importation into the United States, sale for importation, or sale within the United States after importation of certain playards and strollers. The Commission has further determined to affirm in part, modify in part, reverse in part, and take no position on certain portions of the ID, as explained in the Commission’s opinion issued concurrently herewith. This investigation is terminated. The Commission vote for this determination took place on August 28, 2023. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). INTERNATIONAL TRADE COMMISSION INTERNATIONAL TRADE COMMISSION [USITC SE–23–042] [Investigation Nos. 701–TA–692 and 731– TA–1628 (Preliminary)] Sunshine Act Meetings Certain Pea Protein From China By order of the Commission. Issued: August 28, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–18953 Filed 8–31–23; 8:45 am] By order of the Commission. Issued: August 30, 2023. Sharon Bellamy, Acting Supervisory Hearings and Information Officer. BILLING CODE 7020–02–P [FR Doc. 2023–19106 Filed 8–30–23; 4:15 pm] United States International Trade Commission. AGENCY HOLDING THE MEETING: TIME AND DATE: September 8, 2023 at 11:00 a.m. Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. PLACE: STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. Nos. 701– TA–570 and 731–TA–1346 (Review) (Aluminum Foil from China). The Commission currently is scheduled to complete and file its determinations and views of the Commission on September 19, 2023. 5. Commission vote on Inv. Nos. 701– TA–693 and 731–TA–1629–1640 (Preliminary) (Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan). The Commission currently is scheduled to complete and file its determinations on September 11, 2023; views of the Commission currently are scheduled to be completed and filed on September 18, 2023. 6. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Acting Supervisory Hearings and Information Officer, 202– 205–2000. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. 17:24 Aug 31, 2023 Jkt 259001 PO 00000 Frm 00066 Fmt 4703 Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in § 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under §§ 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under §§ 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On July 12, 2023, PURIS Proteins LLC, Minneapolis, Minnesota filed 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 88 FR 52116 and 88 FR 52124 (August 7, 2023). BILLING CODE 7020–02–P VerDate Sep<11>2014 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 there is a reasonable indication that an industry in the United States is materially injured by reason of imports of certain pea protein from China, provided for in subheadings 3504.00.10, 3504.00.50, and 2106.10.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of China.2 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1 60496 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of certain pea protein from China and LTFV imports of certain pea protein from China. Accordingly, effective July 12, 2023, the Commission instituted countervailing duty investigation No. 701–TA–692 and antidumping duty investigation No. 731–TA–1628 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference 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 of July 18, 2023 (88 FR 45924). The Commission conducted its conference on August 2, 2023. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on August 28, 2023. The views of the Commission are contained in USITC Publication 5457 (September 2023), entitled Certain Pea Protein from China: Investigation Nos. 701–TA–692 and 731–TA–1628 (Preliminary). By order of the Commission. Issued: August 28, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–18907 Filed 8–31–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1189 (Second Review)] Large Power Transformers From South Korea; Institution of a Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty order on large power transformers from South Korea would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:24 Aug 31, 2023 Jkt 259001 respond to this notice by submitting the information specified below to the Commission. Instituted September 1, 2023. To be assured of consideration, the deadline for responses is October 2, 2023. Comments on the adequacy of responses may be filed with the Commission by November 9, 2023. FOR FURTHER INFORMATION CONTACT: Kenneth Gatten (202–708–1447), 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 August 31, 2012, the Department of Commerce (‘‘Commerce’’) issued an antidumping duty order on imports of large power transformers from South Korea (77 FR 53177). Following the first five-year reviews by Commerce and the Commission, effective October 16, 2018, Commerce issued a continuation of the antidumping duty order on imports of large power transformers from South Korea (83 FR 52206). The Commission is now conducting a second review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order 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 a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: DATES: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by Commerce. (2) The Subject Country in this review is South Korea. (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 determination and its full first five-year review determination, the Commission found a single Domestic Like Product consisting of large power transformers 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 determination and its full first five-year review determination, the Commission defined the Domestic Industry as all domestic producers of large power transformers. (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. Participation in the proceeding 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 proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission’s designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post-employment E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60495-60496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18907]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-692 and 731-TA-1628 (Preliminary)]


Certain Pea Protein 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 there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of certain pea 
protein from China, provided for in subheadings 3504.00.10, 3504.00.50, 
and 2106.10.00 of the Harmonized Tariff Schedule of the United States, 
that are alleged 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\ 88 FR 52116 and 88 FR 52124 (August 7, 2023).
---------------------------------------------------------------------------

Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in Sec.  207.21 of the Commission's rules, upon notice from the U.S. 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations under Sec. Sec.  703(b) or 733(b) 
of the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under Sec. Sec.  705(a) or 735(a) of the Act. Parties that filed 
entries of appearance in the preliminary phase of the investigations 
need not enter a separate appearance for the final phase of the 
investigations. Industrial users, and, if the merchandise under 
investigation is sold at the retail level, representative consumer 
organizations have the right to appear as parties in Commission 
antidumping and countervailing duty investigations. The Secretary will 
prepare a public service list containing the names and addresses of all 
persons, or their representatives, who are parties to the 
investigations.

Background

    On July 12, 2023, PURIS Proteins LLC, Minneapolis, Minnesota filed

[[Page 60496]]

petitions with the Commission and Commerce, alleging that an industry 
in the United States is materially injured or threatened with material 
injury by reason of subsidized imports of certain pea protein from 
China and LTFV imports of certain pea protein from China. Accordingly, 
effective July 12, 2023, the Commission instituted countervailing duty 
investigation No. 701-TA-692 and antidumping duty investigation No. 
731-TA-1628 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference 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 of July 18, 2023 (88 FR 45924). The 
Commission conducted its conference on August 2, 2023. All persons who 
requested the opportunity were permitted to participate.
    The Commission made these determinations pursuant to Sec. Sec.  
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It 
completed and filed its determinations in these investigations on 
August 28, 2023. The views of the Commission are contained in USITC 
Publication 5457 (September 2023), entitled Certain Pea Protein from 
China: Investigation Nos. 701-TA-692 and 731-TA-1628 (Preliminary).

    By order of the Commission.

    Issued: August 28, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-18907 Filed 8-31-23; 8:45 am]
BILLING CODE 7020-02-P
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