[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12135]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-661 and 662 (Final)]
Color Negative Photographic Paper and Certain Chemical Components
From Japan and the Netherlands
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of final antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the institution of final
antidumping investigations Nos. 731-TA-661 and 662 (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 is threatened with material injury, or the establishment of
an industry in the United States is materially retarded, by reason of
imports from Japan and the Netherlands of color negative photographic
paper (CNPP) and certain chemical components.\1\ CNPP is provided for
in subheadings 3703.10.30 and 3703.20.30 of the Harmonized Tariff
Schedule of the United States (HTS); emulsions are provided for in
subheadings 3707.10.00 and 3707.90.30 of the HTS; couplers and coupler
dispersions are provided for in HTS subheadings 3707.90.30, 3707.90.60,
2933.19.30, 2933.90.25, and 2934.90.20.
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\1\CNPP is sensitized, unexposed, silver-halide color negative
photographic paper, whether in master rolls, smaller rolls, or
sheets. Chemical components include sensitized (whether chemically
or spectrally) and unsensitized emulsions, couplers, and coupler
dispersions used in making CNPP. These chemical components are
further defined in the scope of investigation sections of the U.S.
Department of Commerce's preliminary determinations.
Specifically excluded from the scope of these investigations are
all paper and chemical products which are not used in the silver
halide process but which are used in other imaging technologies.
Products outside the scope include toner and developer chemicals
used in electrostatic or indirect imaging processes (e.g.,
xerography), products used in laser printing, and instant
photography products.
Also excluded from the scope is paper that is designed
exclusively for use in graphic arts proofing equipment and does not
exceed 160 microns in thickness, and those emulsions classified in
subheading 3707.10.00 of the HTS that are used in the manufacture of
monochrome graphic arts film or paper that are not used in the
production of CNPP.
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For further information concerning the conduct of these
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: April 6, 1994.
FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202-205-3182),
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. Information can also be
obtained by calling the Office of Investigations' remote bulletin board
system for personal computers at 202-205-1895 (N,8,1).
SUPPLEMENTARY INFORMATION:
Background
These investigations are being instituted as a result of
affirmative preliminary determinations by the Department of Commerce
that imports of CNPP and certain chemical components 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 August 31, 1993, by Eastman Kodak Company,
Rochester, NY.
Participation in the Investigations and Public Service List
Persons wishing to participate in the 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, not later than
twenty-one (21) days after publication of this notice in the Federal
Register. The Secretary will prepare a public service list containing
the names and addresses of all persons, or their representatives, who
are parties to these investigations upon the expiration of the period
for filing entries of appearance.
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 these final investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made not later than twenty-one (21)
days after the publication of this notice in the Federal Register. 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 these investigations will be placed
in the nonpublic record on August 9, 1994, and a public version will be
issued thereafter, pursuant to Sec. 207.21 of the Commission's rules.
Hearing
The Commission will hold a hearing in connection with these
investigations beginning at 9:30 a.m. on August 23, 1994, 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 August 16. 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 August 18, 1994, 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 207.23(b) of the Commission's rules.
Parties are strongly encouraged to submit as early in the
investigations as possible any requests to present a portion of their
hearing testimony in camera.
Written Submissions
Each party is encouraged to submit a prehearing brief to the
Commission. Prehearing briefs must conform with the provisions of
section 207.22 of the Commission's rules; the deadline for filing is
August 16, 1994. Parties may also file written testimony in connection
with their presentation at the hearing, as provided in Sec. 207.23(b)
of the Commission's rules, and posthearing briefs, which must conform
with the provisions of Sec. 207.24 of the Commission's rules. The
deadline for filing posthearing briefs is August 31, 1994; witness
testimony must be filed no later than three (3) 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
August 31, 1994. 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.
In accordance with Secs. 201.16(c) and 207.3 of the 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 the Tariff Act of 1930, title VII. This notice is
published pursuant to Sec. 207.20 of the Commission's rules.
Issued: May 10, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-12135 Filed 5-17-94; 8:45 am]
BILLING CODE 7020-02-P
