[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45968-45969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18230]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1205 (Final)]


Silica Bricks and Shapes From China: Scheduling of the Final 
Phase of an Antidumping Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1205 (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 of silica bricks and shapes, 
provided for primarily in statistical reporting numbers 6902.20.1020 
and 6902.20.5020 of the Harmonized Tariff Schedule of the United 
States.\1\
---------------------------------------------------------------------------

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``refractory bricks 
and shapes, regardless of size, that contain at least 90 percent 
silica (SiO2) where at least 50 percent of the silica 
content, by weight, is crystalline silica, regardless of other 
materials contained in the bricks and shapes. Refractory refers to 
nonmetallic materials having those chemical and physical properties 
that make them applicable for structures, or as components of 
systems, that are exposed to environments above 1000 degrees 
Fahrenheit (538 degrees Celsius). The products covered by the scope 
of this investigation are currently classified under Harmonized 
Tariff Schedule of the United States (``HTSUS'') numbers 
6902.20.1020 and 6902.20.5020. Because the definition of 
``refractory'' in the HTSUS differs from that in the scope of this 
investigation, products covered by the scope of this investigation 
may also enter under HTSUS number 6909.19.5095. Although the HTSUS 
numbers are provided for convenience and customs purposes, the 
written description of the scope of this proceeding is dispositive.
    The scope of this investigation does not cover refractory bricks 
and shapes, regardless of size, that are made, in part, from non-
crystalline silica (commonly referred to as fused silica) where the 
silica content is less than 50 percent, by weight crystalline 
silica.''
---------------------------------------------------------------------------

    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 
(19 CFR part 207).

DATES: Effective Date: June 20, 2013.

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 this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of silica bricks and shapes 
from China 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 
investigation was requested in a petition filed on November 15, 2012, 
by Utah Refractories Corp., Lehi, Utah.
    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 this 
investigation 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 investigation 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 
investigation.
    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 this investigation 
available to authorized applicants under the APO issued in the 
investigation, 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 investigation. A party granted access 
to BPI in the preliminary phase of the investigation 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 
this investigation will be placed in the nonpublic record on October 
22, 2013, 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 this investigation beginning at 9:30 a.m. on November 6, 
2013, 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 October 28, 2013. 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 October 30, 2013, 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

[[Page 45969]]

Commission's rules; the deadline for filing is October 29, 2013. 
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 November 14, 2013. In addition, any 
person who has not entered an appearance as a party to the 
investigation may submit a written statement of information pertinent 
to the subject of the investigation, including statements of support or 
opposition to the petition, on or before November 14, 2013. On November 
27, 2013, 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 December 2, 
2013, 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 be aware that the 
Commission's rules with respect to electronic filing have been amended. 
The amendments took effect on November 7, 2011. See 76 FR 61937 (Oct. 
6, 2011) and the newly revised Commission's Handbook on E-Filing, 
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 investigation must be 
served on all other parties to the investigation (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 investigation is 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: July 25, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-18230 Filed 7-29-13; 8:45 am]
BILLING CODE 7020-02-P