[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Notices]
[Pages 65219-65221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31519]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-794-796 (Final)]
Certain Emulsion Styrene-Butadiene Rubber From Brazil, Korea, and
Mexico
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-794-796 (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 Brazil, Korea,
and Mexico of certain emulsion styrene-butadiene rubber (``ESBR''),
provided for in subheading 4002.19.00 of the Harmonized Tariff Schedule
of the United States.1
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\1\ The imported product subject to these investigations, ESBR,
is a synthetic polymer made via free radical cold emulsion
copolymerization of styrene and butadiene monomers in reactors. The
reaction process involves combining styrene and butadiene monomers
in water, with an initiator system, an emulsifier system, and
molecular weight modifiers. ESBR consists of cold non-pigmented
rubbers and cold oil extended non-pigmented rubbers that contain at
least 1 percent of organic acids from the emulsion polymerization
process. ESBR is produced and sold, both inside the United States
and internationally, in accordance with a generally accepted set of
product specifications issued by the International Institute of
Synthetic Rubber Producers (IISRP). The universe of products subject
to these investigations are grades of ESBR included in the IISRP
1500 series and IISRP 1700 series of synthetic rubbers. The 1500
grades are light in color and are often described as ``Clear'' or
``White Rubber.'' The 1700 grades are oil-extended and thus darker
in color, and are often called ``Brown Rubber.'' ESBR is used
primarily in the production of tires. It is also used in a variety
of other products, including conveyor belts, shoe soles, some kinds
of hoses, roller coverings, and flooring.
Imported products manufactured by blending ESBR with other
polymers, high styrene resin master batch, carbon black master batch
(i.e., IISRP 1600 series and 1800 series) and latex (an intermediate
product) are not included within the scope of these investigations.
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[[Page 65220]]
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
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(19 CFR part 207).
EFFECTIVE DATE: November 2, 1998.
FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187), 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).
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 emulsion styrene-
butadiene rubber from Brazil, Korea, and Mexico 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 April 1, 1998, by Ameripol Synpol Corp., Akron, OH,
and DSM Copolymer, Baton Rouge, LA.
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 March
17, 1999, 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 these investigations beginning at 9:30 a.m. on March 30,
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 23, 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 25, 1999, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by Secs. 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 24, 1999. 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 April
6, 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 investigations may submit a written
statement of information pertinent to the subject of the investigations
on or before April 16, 1999. On April 16, 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 20, 1999, 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 Secs. 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 Secs. 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.
4Authority: 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.
Issued: November 19, 1998.
[[Page 65221]]
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-31519 Filed 11-24-98; 8:45 am]
BILLING CODE 7020-02-P
