[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60423-60424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22694]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1070 (Final)]


Certain Tissue Paper Products and Crepe Paper Products From China

AGENCY: United States 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-1070 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether industries in the United States are materially 
injured or threatened with material injury, or the establishment of 
industries in the United States are materially retarded, by reason of 
less-than-fair-value imports from China of certain tissue paper 
products and certain crepe paper products, provided for in subheadings 
4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 
4808.90; 4811.90; 4823.90; 4820.50.00; 4802.90.00; 4805.91.90; and 
9505.90.40 (tissue paper products) and subheadings 4802.30; 4802.54; 
4802.61; 4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 4808.90; 4811.90; 
4818.90; 4823.90; and 9505.90.40 (crepe paper products) 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, tissue paper products 
and crepe paper products, as follows: ``The tissue paper products 
subject to investigation are cut-to-length sheets of tissue paper 
having a basis weight not exceeding 29 grams per square meter. 
Tissue paper products subject to this investigation may or may not 
be bleached, dye-colored, surface-colored, glazed, surface decorated 
or printed, sequined, crinkled, embossed, and/or die cut. The tissue 
paper subject to this investigation is in the form of cut-to-length 
sheets of tissue paper with a width equal to or greater than one-
half (0.5) inch. Subject tissue paper may be flat or folded, and may 
be packaged by banding or wrapping with paper or film, by placing in 
plastic or film bags, and/or by placing in boxes for distribution 
and use by the ultimate consumer. Packages of tissue paper subject 
to this investigation may consist solely of tissue paper of one 
color and/or style, or may contain multiple colors and/or styles. 
Excluded from the scope of this investigation are the following 
tissue paper products: (1) Tissue paper products that are coated in 
wax, paraffin, or polymers, of a kind used in floral and food 
service applications; (2) tissue paper products that have been 
perforated, embossed, or die-cut to the shape of a toilet seat, 
i.e., disposable sanitary covers for toilet seats; (3) toilet or 
facial tissue stock, towel or napkin stock, paper of a kind used for 
household or sanitary purposes, cellulose wadding, and webs of 
cellulose fibers.''
    ``Crepe paper products subject to investigation have a basis 
weight not exceeding 29 grams per square meter prior to being creped 
and, if appropriate, flame-proofed. Crepe paper has a finely 
wrinkled surface texture and typically but not exclusively is 
treated to be flame-retardant. Crepe paper is typically but not 
exclusively produced as streamers in roll form and packaged in 
plastic bags. Crepe paper may or may not be bleached, dye-colored, 
surface-colored, surface decorated or printed, glazed, sequined, 
embossed, die-cut, and/or flame-retardant. Subject crepe paper may 
be rolled, flat or folded, and may be packaged by banding or 
wrapping with paper, by placing in plastic bags, and/or by placing 
in boxes for distribution and use by the ultimate consumer. Packages 
of crepe paper subject to this investigation may consist solely of 
crepe paper of one color and/or style, or may contain multiple 
colors and/or styles.''
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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 21, 2004.

FOR FURTHER INFORMATION CONTACT: Fred Forstall ((202) 205-3443), Office 
of Industries, 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. The final phase of this investigation is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that imports of certain tissue paper products 
and certain crepe paper products 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 17, 2004, by Seaman Paper Company of 
Massachusetts, Inc.; American Crepe Corp.; Eagle Tissue LLC; Flower 
City Tissue Mills Co.; Garlock Printing & Converting, Inc.; Paper 
Service Ltd.; Putney Paper Co., Ltd.; and the Paper, Allied-Industrial, 
Chemical and Energy Workers International Union AFL-CIO, CLC.
    Participation in the investigation 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 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

[[Page 60424]]

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 November 
24, 2004, 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 December 9, 
2004, 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 December 2, 2004. 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 December 6, 2004, 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 December 2, 2004. 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 deadlines for filing posthearing 
briefs are December 16, 2004 (for certain crepe paper products), and 
January 5, 2005 (for certain tissue paper products); 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, including statements of support or 
opposition to the petition, on or before December 16, 2004 (for certain 
crepe paper products), or January 5, 2005 (for certain tissue paper 
products). On January 3, 2005 (for certain crepe paper products), and 
March 1, 2005 (for certain tissue paper products), 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 January 5, 2005 (for certain crepe paper 
products), and March 3, 2005 (for certain tissue paper products), 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, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    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.

    By order of the Commission.

    Issued: October 4, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-22694 Filed 10-7-04; 8:45 am]
BILLING CODE 7020-02-P