[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20174]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation No. 751-TA-16

 

Ceiling Fans From the People's Republic of China

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of a review investigation concerning 
the Commission's affirmative determination in investigation No. 731-TA-
473 (Final), Certain Electric Fans from the People's Republic of China 
(China).

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SUMMARY: The Commission hereby gives notice that it has initiated an 
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19 
U.S.C. Sec. 1675(b)) (the Act) to review its determination in 
investigation No. 731-TA-473 (Final). The purpose of the investigation 
is to determine whether an industry in the United States would be 
materially injured, or would be threatened with material injury, or the 
establishment of an industry in the United States would be materially 
retarded, by reason of imports of ceiling fans from China if the 
antidumping order regarding such merchandise were to be modified or 
revoked.\1\ Ceiling fans are provided for in subheading 8414.51.00 of 
the Harmonized Tariff Schedule of the United States.
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    \1\Although the scope of Commerce's investigation included both 
ceiling fans and oscillating fans, the Commission found these fans 
to be separate like products of separate industries and determined 
accordingly on the question of injury.
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    For further information concerning the conduct of this 
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 E 
(19 CFR part 207).

EFFECTIVE DATE: August 10, 1994.

FOR FURTHER INFORMATION CONTACT:
Tedford Briggs (202-205-3181), 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.--On October 25, 1991, the Department of Commerce 
determined that imports of ceiling fans from China are being sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act (19 U.S.C. Sec. 1673) (56 F.R. 55271, October 
25, 1991) (an amendment to its determination, modifying the margins 
according to specific companies, was published in the Federal Register 
on December 9, 1991 (56 F.R. 64240)); and on December 2, 1991, the 
Commission determined, pursuant to section 735(b)(1) of the Act (19 
U.S.C. Sec. 1673d(b)(1)), that an industry in the United States was 
materially injured by reason by imports of such LTFV merchandise. 
Accordingly, Commerce ordered that dumping duties be imposed on such 
imports (December 9, 1991, 56 F.R. 64240).\2\ On March 2, 1994, 
however, Commerce published in the Federal Register a revision of its 
original dumping determination, effectively excluding one of the 
Chinese producers from the order and reducing the margin for non-
specified firms (59 F.R. 9956, March 2, 1994).
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    \2\Following review in the U.S. Court of International Trade, 
Commerce revoked the antidumping duty order applicable to 
oscillating fans (58 F.R. 30026, May 25, 1993).
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    On May 4, 1994, the Commission received a request to review its 
affirmative determination in investigation No. 731-TA-473 (Final) 
pursuant to section 751(b) of the Act (19 U.S.C. Sec. 1675(b)). The 
request was filed by Encon Industries, Inc., Fort Worth, TX. On June 
10, 1994, the Commission requested written comments in the Federal 
Register (59 F.R. 30036) as to whether the changed circumstances 
alleged by the petition were sufficient to warrant a review 
investigation. On August 10, 1994, after reviewing comments received in 
response to that request, the Commission determined that the alleged 
changed circumstances were sufficient to warrant a review 
investigation.
    Participation in the investigation and public service list.--
Persons wishing to participate in the 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, 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 this investigation 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 section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in this investigation available to authorized 
applicants under the APO issued in the investigation, 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 this investigation 
will be placed in the nonpublic record on October 14 1994, and a public 
version will be issued thereafter, pursuant to section 207.21 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with 
this investigation beginning at 9:30 a.m. on October 27, 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 October 20, 1994. 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 October 24, 1994, 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 207.23(b) of the Commission's 
rules. Parties are strongly encouraged to submit as early in the 
investigation 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 October 21, 1994. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in section 207.23(b) of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.24 of the Commission's rules. The deadline for filing posthearing 
briefs is November 4, 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 investigation may submit a 
written statement of information pertinent to the subject of the 
investigation on or before November 4, 1994. 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.
    In accordance with sections 201.16(c) and 207.3 of the 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 the Tariff Act of 1930, title VII. This notice is published 
pursuant to section 207.45 of the Commission's rules.

    Issued: August 11, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-20174 Filed 8-16-94; 8:45 am]
BILLING CODE 7020-02-P