[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11437-11438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3991]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-448 and 731-TA-1117 (Final)]


Certain Off-the-Road Tires 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-448 (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-
1117 (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 certain off-
the-road tires, provided for in subheading 4011.20.10, 4011.20.50, 
4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 
4011.93.80, 4011.94.40, and 4011.94.80 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 new pneumatic tires 
designed for off-the-road (``OTR'') and off-highway use, subject to 
exceptions identified in Commerce's Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination (73 FR 9278, February 20, 2008). Certain OTR tires are 
generally designed, manufactured and offered for sale for use on 
off-road or off-highway surfaces, including but not limited to, 
agricultural fields, forests, construction sites, factory and 
warehouse interiors, airport tarmacs, ports and harbors, mines, 
quarries, gravel yards, and steel mills. The vehicles and equipment 
for which certain OTR tires are designed are used in hauling, 
towing, lifting, and/or loading a wide variety of equipment and 
materials in agricultural, construction and industrial settings.
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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 20, 2008.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
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 
certain off-the-road tires, 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 18, 2007, by Titan Tire Corporation (Des 
Moines, IA) and The United Steelworkers (Pittsburgh, PA)
    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 June 18, 
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 July 2, 
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 25, 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 30, 
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 25, 2008. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the

[[Page 11438]]

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 July 10, 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 July 10, 2008. On July 31, 
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 August 4, 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 FR 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 27, 2008.
Marilyn R. Abbott,

Secretary to the Commission.
 [FR Doc. E8-3991 Filed 2-29-08; 8:45 am]
BILLING CODE 7020-02-P