[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Notices]
[Pages 65360-65361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27147]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-990 (Final)]


Non-Malleable Cast Iron Pipe Fittings From China

AGENCY: International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-990 (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 China of non-malleable cast iron pipe 
fittings, provided for in subheadings 7307.11.00 and 7307.19.30 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``finished and 
unfinished non-malleable cast iron pipe fittings with an inside 
diameter ranging from \1/4\ inch to 6 inches, whether threaded or 
un-threaded, regardless of industry or proprietary specifications. 
The subject fittings include elbows, ells, tees, crosses, and 
reducers as well as flanged fittings. These pipe fittings are also 
known as cast iron pipe fittings or gray iron pipe fittings. These 
cast iron pipe fittings are normally produced to ASTM A-126 and ASME 
B.16.4 specifications and are threaded to ASME B1.20.1 
specifications. Most building codes require that these products are 
Underwriters Laboratories (UL) certified. The scope does not include 
cast iron soil pipe fittings or grooved fittings or grooved 
couplings.
    Fittings that are made out of ductile iron that have the same 
physical characteristics as the gray or cast iron fittings subject 
to the scope above or which have the same physical characteristics 
and are produced to ASME B.16.3, ASME B.16.4, or ASTM A-395 
specifications, threaded to ASME B1.20.1 specifications and UL 
certified, regardless of metallurgical differences between gray and 
ductile iron, are also included in the scope. These ductile fittings 
do not include grooved fittings or grooved couplings. Ductile cast 
iron fittings with mechanical joint ends (MJ), or push on ends (PO), 
or flanged ends and produced to American Water Works Associations 
(AWWA) specifications AWWA C110 or AWWA C153 are not included.''
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    For further information concerning the conduct of this phase of the 
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 C 
(19 CFR part 207).

EFFECTIVE DATE: September 25, 2002.

FOR FURTHER INFORMATION CONTACT: Valerie Newkirk ((202) 205-3190), 
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). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of non-malleable cast iron pipe 
fittings from China 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 February 
21, 2002, by Anvil International, Inc., Portsmouth, NH, and Ward 
Manufacturing, Inc., Blossburg, PA.
    Participation in the investigation and public service list.--
Persons, including

[[Page 65361]]

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 this 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, 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 investigation 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 investigation.
    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 this investigation 
available to authorized applicants under the APO issued in the 
investigation, 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 investigation. A party granted access 
to BPI in the preliminary phase of the investigation 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 
this investigation will be placed in the nonpublic record on January 
29, 2003, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on February 
11, 2003, 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 February 3, 2003. 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 February 6, 2003, 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 
207.24 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 section 207.23 of the Commission's 
rules; the deadline for filing is February 5, 2003. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is February 19, 2003; 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 investigation may submit a 
written statement of information pertinent to the subject of the 
investigation on or before February 19, 2003. On March 5, 2003, 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 March 7, 2003, but such final 
comments must not contain new factual information and must otherwise 
comply with section 207.30 of the Commission's rules. 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. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
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 title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    Issued: October 21, 2002.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-27147 Filed 10-23-02; 8:45 am]
BILLING CODE 7020-02-P