[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Notices]
[Pages 6679-6680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3272]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-383 (Final) and 731-TA-805 (Final)]


Elastic Rubber Tape From India

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-805 (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 India of 
elastic rubber tape, provided for in subheading 4008.21.00 of the 
Harmonized Tariff Schedule of the United States.1 Section 
207.21(b) of the Commission's rules provides that, where the Department 
of Commerce has issued a negative preliminary determination, the 
Commission will not publish a notice of scheduling of the final phase 
of its investigation unless and until it receives an affirmative final 
determination from Commerce. Although the Department of Commerce has 
preliminarily determined that countervailable subsidies are not being 
provided to producers and exporters of elastic rubber tape from India, 
for purposes of efficiency the Commission hereby waives rule 207.21(b) 
and gives notice of the scheduling of the final phase of countervailing 
duty investigation No. 701-TA-383 (Final) under section 705(b) of the 
Act (19 U.S.C. Sec. 1671d(b)). The Commission is taking this action so 
that the final phases of the countervailing duty and antidumping 
investigations may proceed concurrently in the event that Commerce 
makes an affirmative final countervailing duty determination. If

[[Page 6680]]

Commerce makes a final negative countervailing duty determination, the 
Commission will terminate its countervailing duty investigation under 
section 705(c)(2) of the Act (19 U.S.C. Sec. 1671d(c)(2)), and section 
207.21(d) of the Commission's rules.
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    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as vulcanized, non-cellular rubber strips, 
of either natural or synthetic rubber, 0.006 inch to 0.100 inch 
(0.15mm to 2.54mm) in thickness, and \1/8\ inch to 1\5/8\ inches 
(3mm to 42mm) in width. Such product is generally used in swimwear 
and underwear.
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    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 
(19 CFR part 207).

EFFECTIVE DATE: February 2, 1999.

FOR FURTHER INFORMATION CONTACT: Charles Yost (202-205-3432), 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 the antidumping investigation is 
being scheduled as a result of an affirmative preliminary determination 
by the Department of Commerce that imports of elastic rubber tape from 
India 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. Sec. 1673b). 
The final phase of the countervailing duty investigation is being 
scheduled, under waiver of Sec. 207.21(b), discussed above, for 
purposes of efficiency. The investigations were requested in a petition 
filed on August 18, 1998, by counsel for Fulflex, Inc., Middletown, RI; 
and two subsidiaries of M-Tec Corp., Elastomer Technologies Group, 
Inc., Stuart, VA, and RM Engineered Products, Inc., North Charleston, 
SC (together referred to as ``Elastotec'').
    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 section 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. 
Sec. 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 April 7, 
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 April 20, 
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 April 12, 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 April 14, 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 April 14, 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 
28, 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 28, 1999. On May 17, 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 May 19, 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.

    Authority: 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.

    By order of the Commission.

    Issued: February 3, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-3272 Filed 2-9-99; 8:45 am]
BILLING CODE 7020-02-P