[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80527-80528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32030]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-475 (Final) and 731-TA-1177 (Final)]
Aluminum Extrusions From China
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-475 (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 investigation No. 731-TA-
1177 (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 of aluminum
extrusions, primarily provided for in subheadings 7604.21.00,
7604.29.10, 7604.29.30, 7604.29.50, and 7608.20.00 of the Harmonized
Tariff Schedule of the United States.\1\
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\1\ The full scope language for these investigations is
contained in Aluminum Extrusions From the People's Republic of
China: Notice of Preliminary Determination of Sales at Less Than
Fair Value, and Preliminary Determination of Targeted Dumping, 75 FR
69403, November 12, 2010.
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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: November 12, 2010.
FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176,
[email protected]), 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.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce under section 703 of the Act (19 U.S.C. 1671b)
that certain benefits which constitute subsidies are being provided to
manufacturers, producers, or exporters in China of aluminum
extrusions,\2\ and under section 733 of the Act (19 U.S.C. 1673b) that
such products are being sold in the United States at less than fair
value.\3\ The investigations were requested in a petition filed on
March 31, 2010, by the Aluminum Extrusions Fair Trade Committee
(``Committee'') \4\ and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (``USW'').
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\2\ See Aluminum Extrusions From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, 75 FR
54302, September 7, 2010, and Aluminum Extrusions From the People's
Republic of China: Alignment of Final Countervailing Duty
Determination With Final Antidumping Duty Determination, 75 FR
57441, September 21, 2010.
\3\ See Aluminum Extrusions From the People's Republic of China:
Notice of Preliminary Determination of Sales at Less Than Fair
Value, and Preliminary Determination of Targeted Dumping, 75 FR
69403, November 12, 2010, and Aluminum Extrusions From the People's
Republic of China: Postponement of Final Determination of Sales at
Less Than Fair Value, 75 FR 73041, November 29, 2010.
\4\ The Committee is comprised of the following members:
Aerolite Extrusion Company, Younstown, OH; Alexandria Extrusion
Company, Alexandria, MN; Benada Aluminum of Florida, Inc., Medley,
FL; William L. Bonnell Company, Inc., Newnan, GA; Frontier Aluminum
Corporation, Corona, CA; Futura Industries Corporation, Clearfield,
UT; Hydro Aluminum North America, Inc., Linthicum, MD; Kaiser
Aluminum Corporation, Foothill Ranch, CA; Profile Extrusion Company,
Rome, GA; Sapa Extrusions, Inc., Des Plaines, IL; and Western
Extrusions Corporation, Carrollton, TX.
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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
[[Page 80528]]
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 Friday,
March 11, 2011, 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 Tuesday,
March 29, 2011, 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 Friday, March 25, 2011. 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 Monday, March 28, 2011, 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 Friday, March 18, 2011. 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 Wednesday, April 6, 2011; 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 Wednesday, April 6, 2011.
On Thursday, April 21, 2011, 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 Monday, April 25, 2011, 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: December 16, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-32030 Filed 12-21-10; 8:45 am]
BILLING CODE 7020-02-P