[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 55065-55067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25675]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-130 (Third Review)]


Chloropicrin From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of a full five-year review concerning the 
antidumping duty order on chloropicrin from China.

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SUMMARY: The Commission hereby gives notice of the scheduling of a full 
review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5))

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(the Act) to determine whether revocation of the antidumping duty order 
on chloropicrin from China would be likely to lead to continuation or 
recurrence of material injury within a reasonably foreseeable time. For 
further information concerning the conduct of this review 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, D, E, and F (19 CFR part 207).

DATES: Effective Date: October 15, 2009.

FOR FURTHER INFORMATION CONTACT: Cynthia Trainor (202-205-3354), 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 
review may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On October 5, 2009, the Commission determined that it 
should proceed to a full review in the subject five-year review 
pursuant to section 751(c)(5) of the Act. The Commission found that the 
domestic interested party group responses to its notice of institution 
(74 FR 31760, July 2, 2009) were adequate and that the respondent 
interested party group responses to its notice of institution were 
inadequate. The Commission also found that other circumstances 
warranted conducting a full review.\1\ A record of the Commissioners' 
votes, the Commission's statement on adequacy, and any individual 
Commissioner's statements are available from the Office of the 
Secretary and at the Commission's Web site.
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    \1\ Commissioner Charlotte R. Lane, Commissioner Irving A. 
Williamson, and Commissioner Dean A. Pinkert dissenting.
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    Participation in the review 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 this review 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, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
review need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.
    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 this review available to authorized 
applicants under the APO issued in the review, provided that the 
application is made by 45 days after publication of this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the review. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the review 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 review will be placed in the nonpublic record on 
January 29, 2010, and a public version will be issued thereafter, 
pursuant to section 207.64 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
review beginning at 9:30 a.m. on February 18, 2010, 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 10, 2010. 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 12, 2009, 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), 207.24, and 207.66 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 to the review may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is February 8, 2010. 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 207.67 of the 
Commission's rules. The deadline for filing posthearing briefs is March 
1, 2010; 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 review may submit a written statement of 
information pertinent to the subject of the review on or before March 
1, 2009. On March 24, 2009, 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 29, 2010, but such final comments must not contain new 
factual information and must otherwise comply with section 207.68 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 review must be served on 
all other parties to the review (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 review is being conducted under authority of title 
VII of the Tariff Act of 1930; this notice is

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published pursuant to section 207.62 of the Commission's rules.

    Issued: October 21, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25675 Filed 10-23-09; 8:45 am]
BILLING CODE 7020-02-P