[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4584-4585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1744]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-466 and 731-TA-1162 (Final)]


Wire Decking 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-466 (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-
1162 (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 wire decking, 
provided for in subheadings 9403.90.80, 7217.10, 7217.20, 7326.20, 
7326.90, and 9403.20.00 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 ``welded-wire rack 
decking, which is also known as, among other things, ``pallet rack 
decking,'' ``wire rack decking,'' ``wire mesh decking,'' ``bulk 
storage shelving,'' or ``welded-wire decking.'' Wire decking 
consists of wire mesh that is reinforced with structural supports 
and designed to be load bearing. The structural supports include 
sheet metal support channels, or other structural supports, that 
reinforce the wire mesh and that are welded or otherwise affixed to 
the wire mesh, regardless of whether the wire mesh and supports are 
assembled or unassembled and whether shipped as a kit or packaged 
separately. Wire decking is produced from carbon or alloy steel wire 
that has been welded into a mesh pattern. The wire may be galvanized 
or plated (e.g., chrome, zinc or nickel coated), coated (e.g., with 
paint, epoxy, or plastic), or uncoated (``raw''). The wire may be 
drawn or rolled and may have a round, square or other profile. Wire 
decking is sold in a variety of wire gauges. The wire diameters used 
in the decking mesh are 0.105 inches or greater for round wire. For 
wire other than round wire, the distance between any two points on a 
cross-section of the wire is 0.105 inches or greater. Wire decking 
reinforced with structural supports is designed generally for 
industrial and other commercial storage rack systems.
    Wire decking is produced to various profiles, including, but not 
limited to, a flat (``flush'') profile, an upward curved back edge 
profile (``backstop'') or downward curved edge profile 
(``waterfalls''), depending on the rack storage system. The wire 
decking may or may not be anchored to the rack storage system. The 
scope does not cover the metal rack storage system, comprised of 
metal uprights and cross beams, on which the wire decking is 
ultimately installed. Also excluded from the scope is wire mesh 
shelving that is not reinforced with structural supports and is 
designed for use without structural supports.''
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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).

DATES: Effective Date: January 12, 2010.

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 
wire decking, and that such

[[Page 4585]]

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 5, 2009, by 
AWP Industries, Inc., Frankfort, KY; ITC Manufacturing, Inc., Phoenix, 
AZ; J&L Wire Cloth, Inc., St. Paul, MN; and Nashville Wire Products 
Mfg. Co., Inc., Nashville, TN.
    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 May 12, 
2010, 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 May 27, 
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 May 20, 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 May 25, 2010, 
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 May 19, 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 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is June 4, 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 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 4, 2010. On June 24, 2010, 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 June 28, 2010, 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: January 25, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-1744 Filed 1-27-10; 8:45 am]
BILLING CODE 7020-02-P