[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64276-64277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30978]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-787 (Final)]
Extruded Rubber Thread From Indonesia
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-787 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. Sec. 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 Indonesia of
extruded rubber thread, provided for in subheading 4007.00.00 of the
Harmonized Tariff Schedule of the United States.1
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\1\ For purposes of this investigation, Commerce has defined the
subject merchandise as ``vulcanized rubber thread obtained by
extrusion of stable or concentrated natural rubber latex of any
cross sectional shape, measuring from 0.18 mm, which is 0.007 inches
or 140 gauge, to 1.42 mm, which is 0.056 inch or 18 gauge, in
diameter.''
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For further information concerning the conduct of this phase of the
investigation, 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: November 3, 1998.
FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), Office
of Investigations, U.S. International Trade Commission, 500 E Street
S.W., 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).
SUPPLEMENTARY INFORMATION
Background
The final phase of this investigation is being scheduled as a
result of an affirmative preliminary determination by the Department of
Commerce that imports of extruded rubber thread from Indonesia 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 investigation
was requested in a petition filed on March 31, 1998, by North American
Rubber Thread Co., Ltd., Fall River, MA.
The petition also alleged that 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 imports from Indonesia of extruded rubber thread
that were being subsidized by the Government of Indonesia. The
Commission made an affirmative preliminary injury determination with
regard to those imports. Subsequently, however, Commerce made a
negative preliminary determination concerning whether manufacturers,
producers, or exporters
[[Page 64277]]
of extruded rubber thread in Indonesia received subsidies. In the event
Commerce makes an affirmative final determination regarding the issue
of subsidies, the Commission will activate the final phase of its
countervailing duty investigation on extruded rubber thread from
Indonesia (inv. No. 701-TA-375). The briefing schedule, hearing, and
other deadlines applicable to the final phase of inv. No. 731-TA-787,
as outlined below, will also apply to inv. No. 701-TA-375.
Participation in the Investigation 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 this
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, 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 investigation 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
investigation.
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 this
investigation available to authorized applicants under the APO issued
in the investigation, 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. Sec. 1677(9), who are parties to the investigation. A party
granted access to BPI in the preliminary phase of the investigation
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 this
investigation will be placed in the nonpublic record on March 12, 1999,
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 this investigation beginning at 9:30 a.m. on March 25, 1999,
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 16, 1999. 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 18,
1999, 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 deadline
for filing is March 19, 1999. Parties may also file written testimony
in connection with 4 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 March 31, 1999;
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 investigation may submit a written statement of
information pertinent to the subject of the investigation on or before
March 31, 1999. On April 19, 1999, 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 21, 1999, 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.
In accordance with sections 201.16(c) and 207.3 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
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: This investigation is 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: November 16, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-30978 Filed 11-18-98; 8:45 am]
BILLING CODE 7020-02-P
