[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Notices]
[Pages 8902-8903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2843]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-450 and 731-TA-1122 (Final)]


Laminated Woven Sacks From China

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 countervailing duty investigation No. 701-TA-450 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation No. 731-TA-
1122 (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 
subsidized and less-than-fair-value imports from China of laminated 
woven sacks, provided for in subheading 6305.33.00 of the Harmonized 
Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``bags or sacks 
consisting of one or more plies of fabric consisting of woven 
polypropylene strip and/or woven polyethylene strip, regardless of 
the width of the strip; with or without an extrusion coating of 
polypropylene and/or polyethylene on one or both sides of the 
fabric; laminated by any method either to an exterior ply of plastic 
film such as biaxially-oriented polypropylene (``BOPP'') or to an 
exterior ply of paper that is suitable for high quality print 
graphics (paper having an ISO brightness of 82 or higher and a 
Sheffield Smoothness of 250 or less, e.g., coated free sheet paper); 
printed with three colors or more in register; with or without 
lining; whether or not closed on one end; whether or not in roll 
form (including sheets, lay-flat tubing, and sleeves); with or 
without handles; with or without special closing features; not 
exceeding one kilogram in weight. Laminated woven sacks are 
typically used for retail packaging of consumer goods such as pet 
foods and bird seed.
    Effective July 1, 2007, laminated woven sacks are imported under 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks 
were previously imported under HTSUS subheading 6305.33.0020. If 
entered with plastic coating on both sides of the fabric consisting 
of woven polypropylene strip and/or woven polyethylene strip, 
laminated woven sacks may be imported under HTSUS subheadings 
3923.21.0080, 3923.21.0095, and 3923.29.0000. If entered not closed 
on one end or in roll form (including sheets, lay-flat tubing, and 
sleeves), laminated woven sacks may be imported under other HTSUS 
subheadings including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 
5903.90.2500. If the polypropylene strips and/or polyethylene strips 
making up the fabric measures more than 5 millimeters in width, 
laminated woven sacks may be imported under other HTSUS subheadings 
including 4601.99.0500, 4601.99.9000, and 4602.90.000. Although 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this investigation is 
dispositive.
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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: January 31, 2008.

FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), 
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 
laminated woven sacks, and that such products 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 28, 2007, by the Laminated Woven Sacks 
Committee, an ad hoc committee composed of five U.S. producers of 
laminated woven sacks. Members of the Laminated Woven Sacks Committee 
include: (1) Bancroft Bag, Inc. of West Monroe, LA; (2) Coating 
Excellence International, LLC of Wrightstown, WI; (3) Hood Packaging 
Corp. of Madison, MS; (4) Mid-America Packaging, LLC of Twinsburg, OH; 
and (5) Polytex Fibers Corp. of Houston, TX.
    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)

[[Page 8903]]

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 June 2, 
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 June 17, 
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 June 11, 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 June 13, 
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 business 
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 June 10, 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 June 24, 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 June 24, 2008. On July 11, 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 July 15, 2008, 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 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 FR 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: February 11, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-2843 Filed 2-14-08; 8:45 am]
BILLING CODE 7020-02-P