[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26145-26146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-122]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-452 (Final) and 731-TA-1129 and 1130
(Final)]
Raw Flexible Magnets From China and Taiwan
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-452 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigations Nos. 731-
TA-1129 and 1130 (Final) under section 735(b) of the Act (19 U.S.C.
1673d(b)) 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 subsidized and less-than-fair-value imports from
China and Taiwan of raw flexible magnets, provided for in subheadings
8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the
United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``certain flexible
magnet sheeting, strips, and profile shapes.''
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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 through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
DATES: Effective Date: April 25, 2008.
FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182), 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
(http://www.usitc.gov). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov.
[[Page 26146]]
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in China and
Taiwan of raw flexible magnets, and that such products are being sold
in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in a petition filed on September 21, 2007, by Magnum Magetics
Corp., Marietta, OH.
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 section 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.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 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 June 25,
2008, and a public version will be issued thereafter, pursuant to
section 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 July 10,
2008, at the U.S. International Trade Commission Building. Requests to
appear at the hearing should be filed in writing with the Secretary to
the Commission on or before July 2, 2008. 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 to be held at 9:30 a.m. on July 3, 2008,
at the U.S. International Trade Commission Building. 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 section 207.23 of the Commission's
rules; the deadline for filing is July 2, 2008. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is July 17, 2008; witness testimony must be filed no later than
three days before the hearing. 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 July 17, 2008. On August 5, 2008, 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 August 7, 2008, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's rules do not authorize filing of submissions
with the Secretary by facsimile or electronic means, except to the
extent permitted by section 201.8 of the Commission's rules, as
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing
of a document is permitted, certain documents must also be filed in
paper form, as specified in II(C) of the Commission's Handbook on
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
Additional written submissions to the Commission, including
requests pursuant to section 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 sections 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.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: May 2, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-10177 Filed 5-7-08; 8:45 am]
BILLING CODE 7020-02-P