[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Notices]
[Pages 6740-6741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2052]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-449 and 731-TA-1118-1121 (Final)]


Light-Walled Rectangular Pipe and Tube From China, Korea, Mexico, 
and Turkey

AGENCY: United States International Trade Commission.

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

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase countervailing duty investigation No. 701-TA-449 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(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 imports from China of light-walled rectangular 
pipe and tube, currently provided for in subheading 7306.61.50 of the 
Harmonized Tariff Schedule of the United States,\1\ that are alleged to 
be subsidized by the Government of the People's Republic of China. The 
Commission also hereby gives notice of the scheduling of the final 
phase antidumping investigation Nos. 731-TA-1118-1121 (Final) under 
section 735(b) of the Act (19 U.S.C. 1673d(b)) 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 imports from China, Korea, 
Mexico, and Turkey of light-walled rectangular pipe and tube, currently 
provided for in subheading 7306.61.50 of the Harmonized Tariff Schedule 
of the United States, that are alleged to be sold in the United States 
at less than fair value.
    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: January 28, 2008.

FOR FURTHER INFORMATION CONTACT: Russell Duncan (202-708-4727; 
[email protected]), 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 these investigations may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in China of 
light-walled rectangular pipe and tube, and that such products from 
China, Korea, Mexico, and Turkey 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 
June 27, 2007, by the following firms: Allied Tube and Conduit, Harvey, 
IL; Atlas Tube, Plymouth, MI; California Steel and Tube, City of 
Industry, CA; Ex-L-Tube, Kansas City, MO; Hannibal Industries, Los 
Angeles, CA; Leavitt Tube Company LLC, Chicago, IL; Maruichi American 
Corporation, Sante Fe Springs, CA; Searing Industries, Rancho 
Cucamonga, CA; Southland Tube, Birmingham, AL; Vest Inc., Los Angeles, 
CA; Welded Tube, Concord, Ontario (Canada); and Western Tube and 
Conduit, Long Beach, CA.
    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 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 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. 
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 March 
28, 2008, 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 these investigations beginning at 9:30 a.m. on Friday, 
April 11, 2008, 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 4, 2008. 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 9, 2008, 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

[[Page 6741]]

business days prior to the date of the hearing.
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    \1\ Prior to February 3, 2007, the merchandise subject to these 
investigations was properly classified under subheading 7306.60.50 
of the Harmonized Tariff Schedule of the United States.
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    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 Friday, April 4, 2008. 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 Friday, April 18, 2008; 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, including statements of support 
or opposition to the petition, on or before April 18, 2008. On May 6, 
2008, 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 8, 2008, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. In 
addition, comments on the Department of Commerce's final determinations 
with respect to subject imports from China and Korea will be permitted 
based on a schedule to be issued by the Commission no later than the 
publication in the Federal Register of such determinations by the 
Department of Commerce. 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 Fed. Reg. 68036 
(November 8, 2002). Even where electronic filing of a document is 
permitted, certain documents must also be filed in paper form, as 
specified in II (C) of the Commission's Handbook on Electronic Filing 
Procedures, 67 Fed. Reg. 68168, 68173 (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 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 section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: January 31, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-2052 Filed 2-4-08; 8:45 am]
BILLING CODE 7020-02-P