[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72719-72721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30317]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1186-1187 (Final)]


Certain Stilbenic Optical Brightening Agents From China and 
Taiwan; Scheduling of the Final Phase of Antidumping Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1186-1187 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(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 less-than-fair-value imports from China and 
Taiwan of certain stilbenic optical brightening agents (``CSOBAs''), 
provided for in subheading 3204.20.80 of the Harmonized Tariff Schedule 
of the United States, but they may also enter under subheadings 
2933.69.6050, 2921.59.40, and 2921.59.8090.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``all forms (whether 
free acid or salt) of compounds known as triazinylaminostilbenes 
(i.e., all derivatives of 4,4'-bis[1,3,5-triazin-2-yl]amino-2,2'-
stilbenedisulfonic acid), except for compounds listed in the 
following paragraph. The certain stilbenic OBAs covered by these 
investigations include final stilbenic OBA products, as well as 
intermediate products that are themselves triazinylaminostilbenes 
produced during the synthesis of final stilbenic OBA products.
    The compounds excluded from these investigations are all forms 
of 4,4'-bis[4-anilino-6-morpholino-1,3,5-triazin-2yl]amino-
2,2'stilbenedisulfonic acid, 
C40H40N12O8S2 
(``Fluorescent Brightener 71''). These investigations cover the 
above-described compounds in any state (including but not limited to 
powder, slurry, or solution), of any concentrations of active 
certain stilbenic OBA ingredient, as well as any compositions 
regardless of additives (i.e., mixtures or blends, whether of 
certain stilbenic OBAs with each other, or of certain stilbenic OBAs 
with additives that are not certain stilbenic OBAs) and in any type 
of packaging.''

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[[Page 72720]]

    For further information concerning the conduct of this phase of the 
investigation, 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 
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(19 CFR part 207).

DATES: Effective Date: November 3, 2011.

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 
investigation 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 imports of CSOBAs from China and Taiwan 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). These 
investigations were requested in a petition filed on March 31, 2011 by 
Clariant Corp., Charlotte, NC.
    Participation in the investigation 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 1, 
2012, 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 March 15, 
2012. Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission on or before March 7, 2012. 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 March 9, 2012, 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 March 8, 2012. 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 March 22, 2012; 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 March 22, 2012. On April 12, 2012, 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 April 16, 2012, 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. Please consult the Commission's rules, as 
amended, 76 FR 61937 (Oct. 6, 2011) and the Commission's Handbook on 
Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on the 
Commission's web site at http://edis.usitc.gov.
    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.


[[Page 72721]]


    By order of the Commission.
    Issued: November 18, 2011.
James R. Holbein,
Secretary to the Commission.

[FR Doc. 2011-30317 Filed 11-23-11; 8:45 am]
BILLING CODE P