[Federal Register: January 5, 2005 (Volume 70, Number 3)]
[Notices]
[Page 916-917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja05-92]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1082 and 1083 (Final)]
Chlorinated Isocyanurates From China and Spain
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigations Nos. 731-TA-1082 and 1083
(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 China and
Spain of chlorinated isocyanurates, provided for in subheading
2933.69.60 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 imported merchandise as chlorinated
isocyanurates. Chlorinated isocyanurates are derivatives of cyanuric
acid, described as chlorinated s-triazine triones. There are three
primary chemical compositions of chlorinated isocyanurates: (1)
Trichloroisocyanuric acid (CI3 (NCO)3), (2)
sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O), and
(3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are
available in powder, granular, and tableted forms. The scope of
these investigations covers all chlorinated isocyanurates, including
Arch Chemicals, Inc.'s patented chlorinated isocyanurates tablet.
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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).
EFFECTIVE DATE: December 16, 2004.
FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), 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 chlorinated isocyanurates from
China and Spain 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 May 14, 2004
by Clearon Corporation, Fort Lee, New Jersey and Occidental Chemical
Corporation, Dallas, Texas.
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 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
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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 April
20, 2005, 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 May 5,
2005, 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 April 25, 2005. 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 held at 9:30
a.m. on April 29, 2005, 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
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 headline for filing is April 27, 2005. 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 May 12, 2005; 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 May 12, 2005. On May 26, 2005, 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 May 31, 2005, 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).
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.
Issued: December 29, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-152 Filed 1-4-05; 8:45 am]
BILLING CODE 7020-02-M