[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52151-52152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18443]
[[Page 52151]]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-632-635 and 731-TA-1466-1468 (Final)]
Fluid End Blocks From China, Germany, India, and Italy;
Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping
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 and countervailing duty investigation Nos.
701-TA-632-635 and 731-TA-1466-1468 (Final) pursuant to the Tariff Act
of 1930 (``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 imports of fluid end blocks from China, Germany,
India, and Italy, provided for in subheadings 7218.91.00, 7218.99.00,
7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 of the Harmonized
Tariff Schedule of the United States. The Department of Commerce
(``Commerce'') has preliminarily determined imports of fluid end blocks
from China, Germany, India, and Italy to be subsidized and imports of
fluid end blocks from Germany and Italy to be sold at less-than-fair-
value. In addition, Commerce has made a preliminary negative
determination of sales at less-than-fair value in the antidumping duty
investigation of fluid end blocks from India.
DATES: July 23, 2020.
FOR FURTHER INFORMATION CONTACT: Kristina Lara ((202) 205-3386), 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 (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Scope.-- For purposes of these
investigations, Commerce has defined the subject merchandise as
``forged steel fluid end blocks (fluid end blocks), whether in finished
or unfinished form, and which are typically used in the manufacture or
service of hydraulic pumps. The term `forged' is an industry term used
to describe the grain texture of steel resulting from the application
of localized compressive force. Illustrative forging standards include,
but are not limited to, American Society for Testing and Materials
(ASTM) specifications A668 and A788. For purposes of this
investigation, the term `steel' denotes metal containing the following
chemical elements, by weight: (i) Iron greater than or equal to 60
percent; (ii) nickel less than or equal to 8.5 percent; (iii) copper
less than or equal to 6 percent; (iv) chromium greater than or equal to
0.4 percent, but less than or equal to 20 percent; and (v) molybdenum
greater than or equal to 0.15 percent, but less than or equal to 3
percent. Illustrative steel standards include, but are not limited to,
American Iron and Steel Institute (AISI) or Society of Automotive
Engineers (SAE) grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5,
17-4, F6NM, F22, F60, and XM25, as well as modified varieties of these
grades.'' \1\
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\1\ For a complete definition, please see Commerce's scope in 85
FR 44500, 85 FR 44513, or 85 FR 44517, July 23, 2020.
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The products included in the scope of these investigations may
enter under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigations is dispositive.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China, Germany, India, and Italy of fluid end blocks, and
that such products from Germany and Italy are being sold in the United
States at less than fair value within the meaning of Sec. 733 of the
Act (19 U.S.C. 1673b). The investigations were requested in petitions
filed on December 19, 2019, by Ellwood City Forge Company, Ellwood
Quality Steels Company, and Ellwood National Steel Company
(collectively the ``Ellwood Group''), Ellwood City, Pennsylvania; A.
Finkl & Sons (``Finkl Steel''), Chicago, Illinois; and FEB Fair Trade
Coalition (an ad hoc coalition whose members include the Forging
Industry Association, the Ellwood Group, and Finkl Steel), Cleveland,
Ohio.
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 and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Although Commerce has preliminarily determined that imports of
fluid end blocks from India 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 investigations may proceed concurrently in the event
that Commerce makes a final affirmative determination with respect to
such imports.
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\2\ Sec. 207.21(b) of the Commission's rules provides that,
where 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 Sec. 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.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
[[Page 52152]]
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 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 November
9, 2020, and a public version will be issued thereafter, pursuant to
Sec. 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 Tuesday,
December 1, 2020. Information about the place and form of the hearing,
including about how to participate in and/or view the hearing, will be
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the
Commission's website periodically for updates.
Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before November 24, 2020. 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 participate in a prehearing conference to be held
on November 30, 2020, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by Sec. Sec.
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 Sec. 207.23 of the Commission's rules;
the deadline for filing is November 17, 2020. Parties should file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules and provided in
hearing procedures, and posthearing briefs, which must conform with the
provisions of Sec. 207.25 of the Commission's rules. The deadline for
filing posthearing briefs is December 10, 2020. 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 December 10, 2020. On December 28, 2020, 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 30, 2020, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 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 Sec. Sec. 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 Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: August 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-18443 Filed 8-21-20; 8:45 am]
BILLING CODE 7020-02-P