[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Notices]
[Page 1302-1303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-32]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1039-1041 (Final)]
Certain Wax and Wax/Resin Thermal Transfer Ribbons From France,
Japan, and Korea
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigations Nos. 731-TA-1039-1041 (Final)
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b))
(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 less-than-fair-value imports from France, Japan,
and Korea of certain wax and wax/resin thermal transfer ribbons.\1\
---------------------------------------------------------------------------
\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as wax and wax/resin
thermal transfer ribbons (TTR) in slit or unslit (``jumbo'') form
with a total wax (natural or synthetic) content of all the image
side layers, that transfer in whole or in part, of equal to or
greater than 20 percent by weight and a wax content of the colorant
layer of equal to or greater than 10 percent by weight, and a black
color as defined by industry standards by the CIELAB (International
Commission on Illumination) color specification such that L* < 35, -
20 < a*<35, and -40 < b* < 31, and black and near-black TTR. TTR is
typically used in printers generating alphanumeric and machine-
readable characters, such as bar codes and facsimile machines.
Excluded from product coverage are: (1) Resin TTR; (2) finished
thermal transfer ribbons with a width equal to or greater than 212
millimeters (mm), but not greater than 220 mm (or 8.35 inches and
8.66 inches) and a length of 230 meters (m) or less (i.e., slit fax
TTR, including cassetted TTR; and (3) ribbons with a magnetic
content of greater than 45 percent, by weight, in the colorant
layer.
The imported products are provided for in heading 3702 and
subheadings 3921.90.40 and 9612.10.90 (imported under statistical
reporting numbers 3921.90.4025 and 9612.10.9030) of the Harmonized
Tariff Schedule of the United States (HTS). The tariff
classifications are provided for convenience and Customs and Border
Protection (CBP) purposes; however, the written description of the
products subject to investigation is dispositive.
---------------------------------------------------------------------------
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).
EFFECTIVE DATE: December 22, 2003.
FOR FURTHER INFORMATION CONTACT: Christopher Cassise (202) 708-5408,
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 that imports of certain wax and wax/resin
thermal transfer ribbons from France and Japan are being sold in the
United States at less than fair value
[[Page 1303]]
within the meaning of section 733 of the Act (19 U.S.C. Sec. 1673b).
The investigations were requested in a petition filed on May 30, 2003,
by International Imaging Materials, Inc. (IIMAK), Amherst, NY.
Although the Department of Commerce has preliminarily determined
that imports of certain wax and wax/resin thermal transfer ribbons from
Korea are not being and are not likely to be sold in the United States
at less than fair value, for purposes of efficiency the Commission
hereby waives rule 207.21(b) \2\ so that the final phase of the
investigations may proceed concurrently in the event that Commerce
makes a final affirmative determination with respect to such imports.
---------------------------------------------------------------------------
\2\ Section 207.21(b) of the Commission's rules provides that,
where the Department of Commerce has issued a negative preliminary
determination, the Commission will publish a Final Phase Notice of
Scheduling upon receipt of an affirmative final determination from
Commerce.
---------------------------------------------------------------------------
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.
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 February
24, 2004, 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 this investigation beginning at 9:30 a.m. on March 9,
2004, 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 March 2, 2004. 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 March 4,
2004, at the U.S. International Trade Commission Building. Oral
testimony and written materials to be submitted at the public hearing
are governed by Sec. Sec. 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 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 March 2, 2004. Parties may also file written
testimony in connection with their presentation at the hearing, as
provided in Sec. 207.24 of the Commission's rules, 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 March
16, 2004; 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
on or before March 16, 2004. On March 31, 2004, 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 April 2, 2004, 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 rules do not authorize filing of submissions
with the Secretary by facsimile or electronic means, except to the
extent permitted by Sec. 201.8 of the Commission's rules, as amended,
67 FR 68036 (November 8, 2002).
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.
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: January 6, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-443 Filed 1-7-04; 8:45 am]
BILLING CODE 7020-02-P