Fine Denier Polyester Staple Fiber; Institution of Investigation, Scheduling of Public Hearings, and Determination That the Investigation Is Extraordinarily Complicated, 18435-18437 [2024-05338]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
submissions on May 25, 2023, and reply
submissions on June 1, 2023.
On June 15, 2023, Respondents
moved to strike a declaration of Brian
Sciumbato, who testified regarding the
public interest factors.
Having examined the record of this
investigation, including the IID, the
Final ID, the petitions, responses, and
other submissions from the parties and
the public, the Commission has
determined to vacate the IID and the
Final ID’s economic prong findings and
find that Kia has failed to satisfy the
economic prong of the domestic
industry requirement with respect to
any of the Asserted Patents. The
Commission has further determined to
take no position on the issues of
infringement, satisfaction of the
technical prong of the domestic industry
requirement, and invalidity. The
Commission also denies Respondents’
motion to strike the Sciumbato
declaration as moot.
The Commission’s determinations are
explained more fully in the
accompanying Opinion. All other
findings in the ID under review that are
consistent with the Commission’s
determinations are affirmed. The
investigation is hereby terminated.
Commissioner Schmidtlein does not
join the majority’s opinion but agrees
that Kia has failed to establish the
economic prong of the domestic
industry requirement for any of the
Asserted Patents. She therefore agrees
that there has been no violation of
section 337 in this investigation. She
explains her views in a concurring
opinion.
The Commission vote for this
determination took place on March 7,
2024.
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).
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By order of the Commission.
Issued: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024–05272 Filed 3–12–24; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–078]
Fine Denier Polyester Staple Fiber;
Institution of Investigation, Scheduling
of Public Hearings, and Determination
That the Investigation Is
Extraordinarily Complicated
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and scheduling of public
hearings.
AGENCY:
Following receipt of a petition
for import relief, as filed on February
28, 2024, the Commission has instituted
investigation No. TA–201–078 pursuant
to section 202 of the Trade Act of 1974
(‘‘the Act’’) to determine whether fine
denier polyester staple fiber (‘‘fine
denier PSF’’) is being imported into the
United States in such increased
quantities as to be a substantial cause of
serious injury, or the threat thereof, to
the domestic industry producing an
article like or directly competitive with
the imported article. The Commission
has deemed the petition to have been
filed on February 28, 2024. The
Commission has determined that this
investigation is ‘‘extraordinarily
complicated,’’ and will make its injury
determination by July 9, 2024. The
Commission will submit to the
President the report required under
section 202(f) of the Act within 180 days
after the date on which the petition was
filed, or by August 26, 2024.
DATES: Applicable February 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Kristina Lara (202–205–3386), 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 investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—This investigation is
being instituted, pursuant to section 202
of the Act (19 U.S.C. 2252), in response
to a petition, as filed on February 28,
2024, by Fiber Industries LLC d/b/a
SUMMARY:
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18435
Darling Fibers (‘‘Darling’’), Nan Ya
Plastics Corp, America (‘‘Nan Ya’’), and
Sun Fiber LLC (‘‘Sun Fiber’’), producers
of fine denier PSF in the United States.
Darling, Nan Ya, and Sun Fiber allege
that fine denier PSF is being imported
into the United States in such increased
quantities as to be a substantial cause of
serious injury, and the threat thereof, to
the domestic industry producing an
article like or directly competitive with
the imported article. The Commission
must submit its report on this
investigation to the President no later
than 180 days after institution, which in
this case falls on August 26, 2024. (19
U.S.C. 2252(f)).
The imported article covered by this
investigation is fine denier PSF, not
carded or combed, measuring less than
3.3 decitex (3 denier) in diameter. The
scope covers all fine denier PSF,
whether coated or uncoated. The
following products are not covered by
this investigation:
(1) PSF equal to or greater than 3.3
decitex (more than 3 denier, inclusive)
currently imported under HTSUS
statistical reporting numbers
5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a
bicomponent polyester fiber having a
polyester fiber component that melts at
a lower temperature than the other
polyester fiber component, which is
currently imported under HTSUS
statistical reporting number
5503.20.0015.
For Customs purposes, the fine denier
PSF covered by the investigation is
provided for under Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheading 5503.20.0025.
These HTSUS numbers are provided for
convenience and the written description
of the scope is dispositive.
Determination that investigation is
extraordinarily complicated.—The
Commission has determined that this
investigation is ‘‘extraordinarily
complicated’’ within the meaning of
section 202(b)(2)(B) of the Act (19 U.S.C.
2252(b)(2)(B)). The Commission’s
decision to designate this investigation
‘‘extraordinarily complicated’’ is based
on the complexity of the issues,
including the existence of antidumping
and countervailing duty orders on
certain imports covered by this
investigation. Ordinarily, the
Commission would have been required
to make its injury determination within
120 days after the petition was filed, or
by June 27, 2024. (19 U.S.C. 2252
(b)(2)(A)). The statute permits the
Commission to take up to 30 additional
days to make its injury determination in
an investigation where it determines
that the investigation is extraordinarily
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complicated. In this instance, the
Commission intends to take additional
days and make its injury determination
by July 9, 2024.
Participation in the investigation and
public service list.—Persons (other than
petitioners) wishing to participate in the
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, not later than 21 days after
publication of this notice in the Federal
Register. The Secretary will prepare a
service list containing the names and
addresses of all persons, or their
representatives, who are parties to this
investigation upon the expiration of the
period for filing entries of appearance.
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 confidential
business information (CBI) under an
administrative protective order (APO)
and CBI service list.—Pursuant to
section 206.17 of the Commission’s
rules, the Secretary will make CBI
gathered in this investigation available
to authorized applicants representing
interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued
in the investigation, provided that the
application is made not later than 21
days after the publication of this notice
in the Federal Register. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive CBI under the APO.
The Commission may transmit CBI to
the Office of the United States Trade
Representative (USTR) and may include
CBI in the report it sends to the
President and USTR for use in decisionmaking related to this proceeding.
Additionally, all information, including
CBI, submitted in this investigation may
be disclosed to and used by (i) 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 for cybersecurity purposes.
The Commission will not otherwise
disclose any CBI in a manner that would
reveal the operations of the firm
supplying the information.
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Hearings on injury and remedy.—The
Commission has scheduled separate
hearings in connection with the injury
and remedy phases of this investigation.
The hearing on injury will be held
beginning at 9:30 a.m. on June 4, 2024,
at the U.S. International Trade
Commission Building, 500 E Street SW,
Washington, DC. In the event that the
Commission makes an affirmative injury
determination or is equally divided on
the question of injury in this
investigation, a hearing on the question
of remedy will be held beginning at 9:30
a.m. on July 23, 2024. Requests to
appear at the hearings should be filed in
writing with the Secretary to the
Commission on or before May 24, 2024,
for the injury hearing, and July 17, 2024,
for the remedy hearing. A nonparty who
has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearings.
All parties and nonparties desiring to
appear at the hearings and make oral
presentations should participate in
prehearing conferences to be held on
May 31, 2024, for the injury hearing and
July 19, 2024, for the remedy hearing, if
deemed necessary. Parties shall file and
serve written testimony and
presentation slides in connection with
their presentation at the hearing by no
later than 4 p.m. on the business day
prior to the hearing. Oral testimony and
written materials to be submitted at the
public hearings are governed by sections
201.6(b)(2) 201.13(f), and 206.5 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 respective hearings.
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 investigations, 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 3 p.m. 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.
Written submissions.—Each party
who is an interested party may submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of sections 201.8, 206.7, and
206.8 of the Commission’s rules. The
deadline for filing prehearing briefs on
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injury is May 28, 2024; that for filing
prehearing briefs on remedy, including
any commitments pursuant to 19 U.S.C.
2252(a)(6)(B), is July 16, 2024. Parties
may also file written testimony in
connection with their presentation at
the hearing, as provided in sections
201.13, 206.5, and 206.8 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of sections 201.8, 201.13,
206.7, and 206.8 of Commission’s rules.
The deadline for filing posthearing
briefs for the injury phase of the
investigation is June 11, 2024; the
deadline for filing posthearing briefs for
the remedy phase of the investigation, if
any, is July 29, 2024.
No posthearing brief, either in the
injury phase or any remedy phase, shall
exceed fifteen (15) pages of textual
material, double-spaced and singlesided, when printed out on pages
measuring 8.5 x 11 inches. In addition,
the presiding official may permit
persons to file answers to questions or
requests made by the Commission at the
hearing for the injury phase, and at any
hearing for the remedy phase, within a
specified time. In addition, any person
who has not entered an appearance as
a party to the investigation may submit
a written statement of information
pertinent to the consideration of injury
on or before June 11, 2024, and
pertinent to the consideration of remedy
on or before July 29, 2024. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain CBI must also conform with
the requirements of sections 201.6 and
206.17 of the Commission’s rules. The
Commission’s Handbook on E-Filing,
available on the Commission’s website
at https://edis.usitc.gov, elaborates upon
the Commission’s rules with respect to
electronic filing. Any additional written
submissions to the Commission,
including requests pursuant to section
201.12 of the Commission’s rules, will
not be accepted unless good cause is
shown for accepting such a submission,
or unless the submission is pursuant to
a specific request by a Commissioner or
Commission staff.
In accordance with section 201.16(c)
of the Commission’s rules, each
document filed by a party to the
investigation must be served on all other
parties to the investigation (as identified
by the 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.
For further information concerning
the conduct of this investigation and
rules of general application, consult the
Commission’s Rules of Practice and
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Procedure, part 201, subparts A and B
(19 CFR part 201), and part 206,
subparts A and B (19 CFR part 206).
Authority: This investigation is being
conducted under authority of section
202 of the Act; this notice is published
pursuant to section 202(b)(3) of the Act.
DEPARTMENT OF JUSTICE
By order of the Commission.
Issued: March 8, 2024.
Katherine Hiner,
Supervisory Attorney.
Notice is hereby given that, on
December 20, 2023, pursuant to section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (the ‘‘Act’’),
Pistoia Alliance, Inc. filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Blue Hat, London, UNITED
KINGDOM; and Amino Data, London,
UNITED KINGDOM have been added as
parties to the venture.
Also, Binocular Vision Advisors LLC,
San Francisco, CA; Pangaea Data,
London, UNITED KINGDOM; Qubit
Pharmaceuticals, Paris, FRANCE;
Molecule One sp.z o.o., Warszawa,
POLAND; Vivenics, Oss,
NETHERLANDS; A4BEE, Wroc5aw,
POLAND; DeepMatter Limited,
Glasgow, UNITED KINGDOM; Gilead
Sciences, Foster City, CA; Agilent, Santa
Clara, CA; QC Ware Corp., Palo Alto,
CA; Orbis Labsystems Services,
Leopardstown, IRELAND; Lifebit
Biotech Limited, London, UNITED
KINGDOM; Eagle Genomics Ltd.,
Cambridge, UNITED KINGDOM; QuEra,
Boston, MA; MolPort, Riga, LATVIA;
and Biomage, Edinburgh, UNITED
KINGDOM have withdrawn as parties to
this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and Pistoia
Alliance, Inc. intends to file additional
written notifications disclosing all
changes in membership.
On May 28, 2009, Pistoia Alliance,
Inc. filed its original notification
pursuant to section 6(a) of the Act. The
Department of Justice published a notice
in the Federal Register pursuant to
section 6(b) of the Act on July 15, 2009
(74 FR 34364).
The last notification was filed with
the Department on October 4, 2023. A
notice was published in the Federal
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—ASTM International
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Register pursuant to section 6(b) of the
Act on February 5, 2024 (89 FR 7731).
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Pistoia Alliance, Inc.
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–05303 Filed 3–12–24; 8:45 am]
BILLING CODE P
[FR Doc. 2024–05338 Filed 3–12–24; 8:45 am]
Notice is hereby given that, on
February 28, 2024, pursuant to section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
ASTM International (‘‘ASTM’’) has filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
additions or changes to its standards
development activities. The
notifications were filed for the purpose
of extending the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances.
Specifically, ASTM has provided an
updated list of current, ongoing ASTM
activities originating between December
12, 2023 and February 10, 2024
designated as Work Items. A complete
listing of ASTM Work Items, along with
a brief description of each, is available
at https://www.astm.org.
On September 15, 2004, ASTM filed
its original notification pursuant to
section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to section
6(b) of the Act on November 10, 2004
(69 FR 65226).
The last notification was filed with
the Department on September 26, 2023.
A notice was published in the Federal
Register pursuant to section 6(b) of the
Act on November 20, 2023 (88 FR
80763).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–05304 Filed 3–12–24; 8:45 am]
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Utility Broadband
Alliance
Notice is hereby given that, on
February 2, 2024, pursuant to section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Utility Broadband Alliance (‘‘UBBA’’)
has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Wirepas USA LLC, New
York, NY; Rosenberger Site Solutions,
LLC, Lake Charles, LA; Colorado
Springs Utilities, Colorado Springs, CO;
and Tarana Wireless, Milpatas, CA, have
been added as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and UBBA
intends to file additional written
notifications disclosing all changes in
membership.
On May 4, 2021, UBBA filed its
original notification pursuant to section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to section 6(b) of the
Act on June 10, 2021 (86 FR 30981).
The last notification was filed with
the Department on November 9, 2023. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on December 15, 2023 (88 FR
86935).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–05317 Filed 3–12–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18435-18437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05338]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-078]
Fine Denier Polyester Staple Fiber; Institution of Investigation,
Scheduling of Public Hearings, and Determination That the Investigation
Is Extraordinarily Complicated
AGENCY: United States International Trade Commission.
ACTION: Notice of institution of investigation and scheduling of public
hearings.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a petition for import relief, as filed on
February 28, 2024, the Commission has instituted investigation No. TA-
201-078 pursuant to section 202 of the Trade Act of 1974 (``the Act'')
to determine whether fine denier polyester staple fiber (``fine denier
PSF'') is being imported into the United States in such increased
quantities as to be a substantial cause of serious injury, or the
threat thereof, to the domestic industry producing an article like or
directly competitive with the imported article. The Commission has
deemed the petition to have been filed on February 28, 2024. The
Commission has determined that this investigation is ``extraordinarily
complicated,'' and will make its injury determination by July 9, 2024.
The Commission will submit to the President the report required under
section 202(f) of the Act within 180 days after the date on which the
petition was filed, or by August 26, 2024.
DATES: Applicable February 28, 2024.
FOR FURTHER INFORMATION CONTACT: Kristina Lara (202-205-3386), 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
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--This investigation is being instituted, pursuant to
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as
filed on February 28, 2024, by Fiber Industries LLC d/b/a Darling
Fibers (``Darling''), Nan Ya Plastics Corp, America (``Nan Ya''), and
Sun Fiber LLC (``Sun Fiber''), producers of fine denier PSF in the
United States. Darling, Nan Ya, and Sun Fiber allege that fine denier
PSF is being imported into the United States in such increased
quantities as to be a substantial cause of serious injury, and the
threat thereof, to the domestic industry producing an article like or
directly competitive with the imported article. The Commission must
submit its report on this investigation to the President no later than
180 days after institution, which in this case falls on August 26,
2024. (19 U.S.C. 2252(f)).
The imported article covered by this investigation is fine denier
PSF, not carded or combed, measuring less than 3.3 decitex (3 denier)
in diameter. The scope covers all fine denier PSF, whether coated or
uncoated. The following products are not covered by this investigation:
(1) PSF equal to or greater than 3.3 decitex (more than 3 denier,
inclusive) currently imported under HTSUS statistical reporting numbers
5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bicomponent polyester fiber having a
polyester fiber component that melts at a lower temperature than the
other polyester fiber component, which is currently imported under
HTSUS statistical reporting number 5503.20.0015.
For Customs purposes, the fine denier PSF covered by the
investigation is provided for under Harmonized Tariff Schedule of the
United States (``HTSUS'') subheading 5503.20.0025. These HTSUS numbers
are provided for convenience and the written description of the scope
is dispositive.
Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is
``extraordinarily complicated'' within the meaning of section
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's
decision to designate this investigation ``extraordinarily
complicated'' is based on the complexity of the issues, including the
existence of antidumping and countervailing duty orders on certain
imports covered by this investigation. Ordinarily, the Commission would
have been required to make its injury determination within 120 days
after the petition was filed, or by June 27, 2024. (19 U.S.C. 2252
(b)(2)(A)). The statute permits the Commission to take up to 30
additional days to make its injury determination in an investigation
where it determines that the investigation is extraordinarily
[[Page 18436]]
complicated. In this instance, the Commission intends to take
additional days and make its injury determination by July 9, 2024.
Participation in the investigation and public service list.--
Persons (other than petitioners) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, not later than 21 days after publication of this
notice in the Federal Register. The Secretary will prepare a service
list containing the names and addresses of all persons, or their
representatives, who are parties to this investigation upon the
expiration of the period for filing entries of appearance. 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 confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants representing interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued in the investigation, provided
that the application is made not later than 21 days after the
publication of this notice in the Federal Register. A separate service
list will be maintained by the Secretary for those parties authorized
to receive CBI under the APO.
The Commission may transmit CBI to the Office of the United States
Trade Representative (USTR) and may include CBI in the report it sends
to the President and USTR for use in decision-making related to this
proceeding. Additionally, all information, including CBI, submitted in
this investigation may be disclosed to and used by (i) 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 for cybersecurity purposes. The Commission will not
otherwise disclose any CBI in a manner that would reveal the operations
of the firm supplying the information.
Hearings on injury and remedy.--The Commission has scheduled
separate hearings in connection with the injury and remedy phases of
this investigation. The hearing on injury will be held beginning at
9:30 a.m. on June 4, 2024, at the U.S. International Trade Commission
Building, 500 E Street SW, Washington, DC. In the event that the
Commission makes an affirmative injury determination or is equally
divided on the question of injury in this investigation, a hearing on
the question of remedy will be held beginning at 9:30 a.m. on July 23,
2024. Requests to appear at the hearings should be filed in writing
with the Secretary to the Commission on or before May 24, 2024, for the
injury hearing, and July 17, 2024, for the remedy hearing. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearings.
All parties and nonparties desiring to appear at the hearings and
make oral presentations should participate in prehearing conferences to
be held on May 31, 2024, for the injury hearing and July 19, 2024, for
the remedy hearing, if deemed necessary. Parties shall file and serve
written testimony and presentation slides in connection with their
presentation at the hearing by no later than 4 p.m. on the business day
prior to the hearing. Oral testimony and written materials to be
submitted at the public hearings are governed by sections 201.6(b)(2)
201.13(f), and 206.5 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 respective
hearings.
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 investigations, 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 3
p.m. 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.
Written submissions.--Each party who is an interested party may
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of sections 201.8, 206.7, and 206.8 of the
Commission's rules. The deadline for filing prehearing briefs on injury
is May 28, 2024; that for filing prehearing briefs on remedy, including
any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is July 16, 2024.
Parties may also file written testimony in connection with their
presentation at the hearing, as provided in sections 201.13, 206.5, and
206.8 of the Commission's rules, and posthearing briefs, which must
conform with the provisions of sections 201.8, 201.13, 206.7, and 206.8
of Commission's rules. The deadline for filing posthearing briefs for
the injury phase of the investigation is June 11, 2024; the deadline
for filing posthearing briefs for the remedy phase of the
investigation, if any, is July 29, 2024.
No posthearing brief, either in the injury phase or any remedy
phase, shall exceed fifteen (15) pages of textual material, double-
spaced and single-sided, when printed out on pages measuring 8.5 x 11
inches. In addition, the presiding official may permit persons to file
answers to questions or requests made by the Commission at the hearing
for the injury phase, and at any hearing for the remedy phase, within a
specified time. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the consideration of injury on or
before June 11, 2024, and pertinent to the consideration of remedy on
or before July 29, 2024. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain CBI must also conform with the requirements of sections
201.6 and 206.17 of the Commission's rules. The Commission's Handbook
on E-Filing, available on the Commission's website at https://edis.usitc.gov, elaborates upon the Commission's rules with respect to
electronic filing. Any additional written submissions to the
Commission, including requests pursuant to section 201.12 of the
Commission's rules, will not be accepted unless good cause is shown for
accepting such a submission, or unless the submission is pursuant to a
specific request by a Commissioner or Commission staff.
In accordance with section 201.16(c) of the Commission's rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (as identified by the 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.
For further information concerning the conduct of this
investigation and rules of general application, consult the
Commission's Rules of Practice and
[[Page 18437]]
Procedure, part 201, subparts A and B (19 CFR part 201), and part 206,
subparts A and B (19 CFR part 206).
Authority: This investigation is being conducted under authority of
section 202 of the Act; this notice is published pursuant to section
202(b)(3) of the Act.
By order of the Commission.
Issued: March 8, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05338 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P