[Federal Register Volume 60, Number 54 (Tuesday, March 21, 1995)]
[Notices]
[Pages 14961-14962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6863]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-700-701 (Final)]
Commission Determination To Conduct a Portion of the Hearing in
Camera
In the Matter of: Disposable Lighters From the People's Republic
of China and Thailand.
AGENCY: U.S. International Trade Commission.
ACTION: Closure of a portion of a Commission hearing to the public.
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SUMMARY: Upon request of respondent Thai Merry Co., Ltd. (Thai Merry)
in the above-captioned final investigations, the Commission has
unanimously determined to conduct a portion of its hearing scheduled
for March 21, 1995, in camera. See Commission rules 207.23(d),
201.13(m) and 201.35(b)(3) (19 CFR 207.23(d), 201.13(m) and
201.35(b)(3), as amended, 59 FR 66719 (Dec. 28, 1994)). The remainder
of the hearing will be open to the public. The Commission has
unanimously determined that the seven-day advance notice of the change
to a meeting was not possible. See Commission rule 201.35(a), (c)(1)
(19 CFR 201.35(a), (c)(1), as amended, 59 FR 66719 (Dec. 28, 1994)).
FOR FURTHER INFORMATION CONTACT: Rhonda M. Hughes, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3083. Hearing-impaired
individuals are advised that information on this matter may be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission believes that Thai Merry has
justified the need for a closed session. Because petitioner BIC
Corporation is the sole domestic producer, a full discussion of
petitioner's financial condition and of many of the indicators that the
Commission examines in assessing material reason by reason of subject
imports can only occur if at least part of the hearing is held in
camera. In addition, because Thai Merry is the sole participating Thai
respondent in these investigations and because the Commission's
preliminary determination that there was a reasonable indication that
imports from Thailand pose a threat of material injury to the domestic
industry, any discussion of Thai producer and importer data as required
by the Commission's analysis of the statutory factors pertaining to a
finding of threat of material injury by reason of those imports will
necessitate disclosure of business proprietary information (BPI). Thus,
such a discussion can only occur if a portion of the hearing is held in
camera. In making this decision, the Commission nevertheless reaffirms
its belief that whenever possible its business should be conducted in
public.
The hearing will include the usual public presentations by
petitioner and by respondents, with questions from the Commission. In
addition, the hearing will include an in camera session for a
presentation including BPI by respondents and for questions from the
Commission relating to the BPI. For any in camera session the room will
be cleared of all persons except: those who have been granted access to
BPI under a Commission administrative protective order (APO) and are
included on the Commission's APO service list in these investigations.
See 19 CFR 201.35(b)(1), (2). In addition, if petitioner's BPI will be
discussed in the in camera session, personnel of petitioner may also be
granted access to the closed session. Similarly, if respondents' BPI
will be discussed in the in camera session, personnel of respondents
may also be granted access to the closed session. See 19 CFR
201.35(b)(1), (2). The time for the parties' presentations and
rebuttals in the in camera session will be taken from their respective
overall allotments for the hearing. All persons planning to attend the
in camera portions of the [[Page 14962]] hearing should be prepared to
present proper identification.
Authority: The General Counsel has certified, pursuant to
Commission Rule 201.39 (19 CFR 201.39) that, in her opinion, a
portion of the Commission's hearing in Disposable Lighters from the
People's Republic of China and Thailand, Invs. Nos. 731-TA-700-701
(Final) may be closed to the public to prevent the disclosure of
BPI.
Issued: March 15, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-6863 Filed 3-20-95; 8:45 am]
BILLING CODE 7020-02-P