[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2693-2694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00603]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1207-1209 (Final)]


Prestressed Concrete Steel Rail Tie Wire From China, Mexico, and 
Thailand; Scheduling of the Final Phase of Antidumping Duty 
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 duty investigation Nos. 731-TA-1207-1209 
(Final) under section 731(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 of prestressed 
concrete steel rail tie wire from China, Mexico, and Thailand, provided 
for in subheading 7217.10.80 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 ``PC tie wire''--
high carbon steel wire; stress relieved or low relaxation; indented 
or otherwise deformed; meeting at a minimum the physical, 
mechanical, and chemical requirements of the American Society of 
Testing Materials (``ASTM'') A881/A881M specification; regardless of 
shape, size or alloy element levels; suitable for use as prestressed 
tendons in concrete railroad ties. High carbon steel is defined as 
steel that contains 0.6 percent or more of carbon by weight.
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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: December 12, 2013.

FOR FURTHER INFORMATION CONTACT: Angela M. W. Newell (202-708-5409), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

[[Page 2694]]

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 prestressed concrete steel rail tie wire 
from China and Mexico 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 April 
23, 2013, by Davis Wire Corp. of Kent, Washington and Insteel Wire 
Product Co. of Mount Airy, North Carolina.
    Although the Department of Commerce has preliminarily determined 
that imports of prestressed concrete steel rail tie wire from Thailand 
are not being and are not likely to be sold in the United States at 
less than fair value, for purposes of efficiency the Commission hereby 
waives rule 207.21(b) \2\ so that the final phase of the investigation 
may proceed concurrently in the event that Commerce makes a final 
affirmative determination with respect to such imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    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 April 
16, 2014, 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 6, 
2014, 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 April 29, 2014. 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 2, 2014, 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 April 29, 2014. 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 May 13, 2014. 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 May 13, 2014. On May 28, 2014, 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 May 30, 2014, 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 Handbook on E-Filing, available on the 
Commission's Web site at http://edis.usitc.gov, elaborates upon the 
Commission's rules with respect to electronic filing.
    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 9, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-00603 Filed 1-14-14; 8:45 am]
BILLING CODE 7020-02-P