[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11474-11476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03686]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-076 (Evaluation)]


Large Residential Washers: Evaluation of the Effectiveness of 
Import Relief

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of an investigation under section 
204(d) of the Trade Act of 1974.

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SUMMARY: Pursuant to section 204(d) of the Trade Act of 1974 (``the 
Act''), the Commission has instituted investigation No. TA-201-076, 
Large Residential Washers: Evaluation of the Effectiveness of Import 
Relief, for the purpose of evaluating the effectiveness of the relief 
action imposed by the President on imports of large residential washers 
and parts thereof under section 203 of the Act, which terminated on 
February 7, 2023.

DATES: February 7, 2023.

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 this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On January 23, 2018, the President, pursuant to 
section 203 of the Act (19 U.S.C. 2253), issued Proclamation 9694, 
imposing a safeguard measure on imports of certain large residential 
washers and parts thereof in the form of tariff-rate quotas. The 
proclamation was published in the Federal Register on January 25, 2018 
(83 FR 3553). The measure took effect on February 7, 2018, for a period 
of three years and one day, or through February 7, 2021, as modified by 
Proclamation 9887 of May 16, 2019 (84

[[Page 11475]]

FR 23425), Proclamation 9902 of May 31, 2019 (84 FR 26323), and 
Proclamation 9979 of January 23, 2020 (85 FR 5125). The President 
imposed the measure following receipt of a report from the Commission 
in December 2017 under section 202 of the Trade Act (19 U.S.C. 2252) 
that contained an affirmative determination, remedy recommendations, 
and certain additional findings (see Large Residential Washers, Inv. 
No. TA-201-076, USITC Publication 4745, Dec. 2017).
    On December 8, 2020, in response to a petition filed on behalf of 
Whirlpool Corporation, Benton Harbor, Michigan, the Commission issued 
its determination and report pursuant to section 204(c) of the Act (19 
U.S.C. 2254(c)), finding that the safeguard measure continued to be 
necessary to prevent or remedy the serious injury to the domestic 
industry, and that there was evidence that the domestic industry was 
making a positive adjustment to import competition (see Large 
Residential Washers: Extension of Action, Inv. No. TA-201-076, USITC 
Publication 5144, December 2020). On January 14, 2021, the President 
issued Proclamation 10133 (86 FR 6541, January 21, 2021), pursuant to 
section 203(e)(1)(B) of the Act (19 U.S.C. 2253(e)(1)(B)), extending 
the safeguard measure on large residential washers and parts thereof 
through February 7, 2023.
    Section 204(d) of the Act requires the Commission, following 
termination of a relief action, to evaluate the effectiveness of the 
action in facilitating positive adjustment by the domestic industry to 
import competition, consistent with the reasons set out by the 
President in the report submitted to the Congress under section 203(b) 
of the Act. The Commission is required to submit a report on the 
evaluation to the President and the Congress no later than 180 days 
after the day on which the relief action was terminated. Section 
204(d)(2) requires the Commission to hold a hearing in the course of 
conducting its evaluation.
    For further information concerning the conduct 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 206, subparts A and F 
(19 CFR part 206).
    Participation in the investigation and public service list.--
Persons wishing to participate in the 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, not later than 21 
days after publication of this notice in the Federal Register. The 
Secretary will prepare a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the investigation upon the expiration of the period for filing entries 
of appearance.
    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.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to 206.54(e) of the Commission's rules, the Secretary will 
make CBI gathered in this investigation available to authorized 
applicants under the APO issued in the investigation in accordance with 
the procedures set forth in section 206.17 of the rules, provided that 
the application is made not later than 21 days after the publication of 
this notice in the Federal Register. The Secretary will maintain a 
separate service list for those parties authorized to receive CBI under 
the APO.
    Hearing.--As required by statute, the Commission has scheduled a 
hearing in connection with this investigation. The hearing will be held 
beginning at 9:30 a.m. on Thursday, June 1, 2023. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before May 25, 2023. Any requests to appear as a 
witness via videoconference must be included with your request to 
appear. Requests to appear via videoconference must include a statement 
explaining why the witness cannot appear in person; the Chairman, or 
other person designated to conduct the investigation, may in their 
discretion for good cause shown, grant such a request. Requests to 
appear as remote witness due to illness or a positive COVID-19 test 
result may be submitted by 3pm the business day prior to the hearing. 
Further information about participation in the hearing will be posted 
on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    All parties and nonparties desiring to appear at the hearing and 
make oral presentations should attend a prehearing conference, if 
deemed necessary, to be held at 9:30 a.m. on May 30, 2023. Parties 
shall file and serve written testimony and presentation slides in 
connection with their presentation at the hearing by no later than 4 
p.m. on May 31, 2023. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2) 
and 201.13(f) 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 is encouraged to submit a 
prehearing brief to the Commission. The deadline for filing prehearing 
briefs is May 24, 2023. Parties may also file posthearing briefs. The 
deadline for filing posthearing briefs is June 8, 2023. In addition, 
any person who has not entered an appearance as a party to the 
investigation may submit a written statement concerning the matters to 
be addressed in the report on or before June 8, 2023. All written 
submissions must conform with the provisions of section 201.8, 206.7, 
and 206.8 of the Commission's rules; any submissions that contain 
confidential business information must also conform with the 
requirements of section 201.6 of the Commission's rules. Any 
confidential business information that is provided will be subject to 
limited disclosure under the APO (see above) and may be included in the 
report that the Commission sends to the President and the U.S. Trade 
Representative. 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 section 201.12 of the Commission's rules, will 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 206.8 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 the 
public 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 
204(d) of the Trade Act of 1974; this notice is published pursuant to 
section 206.3 of the Commission's rules.


[[Page 11476]]


    By order of the Commission.

    Issued: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03686 Filed 2-22-23; 8:45 am]
BILLING CODE 7020-02-P