[Federal Register: September 15, 2003 (Volume 68, Number 178)]
[Notices]               
[Page 54010-54012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se03-114]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-421-4]

 
Certain Ductile Iron Waterworks Fittings From China

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of an investigation under section 
421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)) (the Act).

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SUMMARY: Following receipt of a petition, on September 5, 2003, on 
behalf of McWane, Inc.,\1\ Birmingham, AL, the Commission instituted 
investigation No. TA-421-4, Certain Ductile Iron Waterworks Fittings 
from China, under section 421(b) of the Act to determine whether 
certain ductile iron waterworks fittings \2\ from China are being 
imported into the United States in such increased quantities or under 
such conditions as to cause or threaten to cause market disruption to 
the domestic producers of like or directly competitive products. The 
petition also alleges under section 421(i) of the Act that critical 
circumstances exist with respect to the subject products and requests 
that provisional relief be provided. Accordingly, the Commission will 
determine whether delay in taking action would cause damage to the 
relevant domestic industry which would be difficult to repair, and if 
that determination is affirmative, make a preliminary determination of 
whether imports of certain ductile iron waterworks fittings

[[Page 54011]]

from China have caused or threaten to cause market disruption.
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    \1\ McWane operates three subsidiaries that produce the subject 
products including: Clow Water Systems Co., Coshocton, OH; Tyler 
Pipe Co., Tyler, TX; and Union Foundry Co., Anniston, AL.
    \2\ The products subject to this investigation are cast pipe or 
tube fittings of ductile iron (containing 2.5 percent carbon and 
over 0.02 percent magnesium or magnesium and cerium, by weight) with 
mechanical, push-on (rubber compression) or flanged joints attached. 
Ductile iron waterworks fittings are used to join pipes, valves, and 
hydrants in straight lines or to change, divert, divide, or direct 
the flow of water or sewage in municipal utility and industrial 
piping systems. Included within this definition are fittings of all 
nominal diameters and of both full-bodied and compact designs.
    The imported products are provided for in statistical reporting 
number 7307.19.3070 of the Harmonized Tariff Schedule of the United 
States (HTS). Although the HTS category is provided for convenience 
and Customs purposes, the written description of the merchandise 
under investigation is dispositive.
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    For further information concerning the conduct of this 
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 E 
(19 CFR part 206).

EFFECTIVE DATE: September 5, 2003.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187 or 
fruggles@usitc.gov), 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: Participation in the investigation and 
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 seven days after publication of this notice in the 
Federal Register. The Secretary will prepare a service list containing 
the names and addresses of all persons, or their representatives, who 
are parties to this investigation upon the expiration of the period for 
filing entries of appearance.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.47 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, provided that the 
application is made not later than seven days after the publication of 
this notice in the Federal Register. A separate service list will be 
maintained by the Secretary for those parties authorized to receive CBI 
under the APO.
    Service of the petition.--The Secretary shall promptly notify a 
petitioner when, before the establishment of a service list under 
section 206.17(a)(4) of the Commission's rules, he or she approves an 
application under section 206.17(a)(2) pursuant to section 206.47. When 
practicable, this notification shall be made by facsimile transmission. 
The petitioner shall then serve a copy of the petition, including all 
confidential business information, on the approved lead authorized 
applicants in accordance with section 206.17(f) within two (2) calendar 
days of the time notification is made by the Secretary.
    Upon establishment of the service list, the petitioner shall serve 
the lead authorized applicants enumerated on the list established by 
the Secretary pursuant to section 206.17(a)(4) that have not been 
served pursuant to the preceding paragraph within two (2) calendar days 
of the establishment of the Secretary's list.
    Conference.--The Commission has scheduled a conference in 
connection with this investigation beginning at 9:30 a.m. on September 
26, 2003, at the U.S. International Trade Commission Building. Subjects 
related to critical circumstances and provisional remedy proposals may 
be addressed at the conference. Parties wishing to participate in the 
conference should contact Fred Ruggles (202-205-3187; e-mail: 
fruggles@usitc.com) not later than September 23, 2003, to arrange for 
their appearance. Parties in support of the imposition of provisional 
import relief in this investigation and parties in opposition to the 
imposition of such relief will each be collectively allocated one hour 
within which to make an oral presentation at the conference. Oral 
testimony and written materials to be submitted at the conference are 
governed by sections 201.6(b)(2) and 201.13(f) of the Commission's 
rules.
    Hearing.--The Commission has also scheduled a hearing in connection 
with this investigation beginning at 9:30 a.m. on November 6, 2003, at 
the U.S. International Trade Commission Building. Subjects related to 
both market disruption or threat thereof and remedy may be addressed at 
the hearing. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before October 28, 
2003. All persons 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, 2003, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
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 days prior 
to the date of the hearing.
    Written submissions.--Each party is encouraged to submit briefs to 
the Commission. The deadline for filing postconference briefs relating 
to critical circumstances market disruption and/or provisional remedy 
proposals is October 1, 2003. The deadline for filing prehearing briefs 
is October 28, 2003, and the deadline for posthearing briefs is 
November 12, 2003. 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 consideration of critical 
circumstances market disruption and/or provisional import relief on or 
before October 1, 2003; and a written statement related to the 
consideration of market disruption or threat thereof and/or remedy on 
or before November 12, 2003. Parties may submit final comments on 
market disruption on or before November 26, 2003, and on remedy on or 
before December 8, 2003. Final comments shall contain no more than ten 
(10) double spaced and single sided pages of textual material, and 
shall only concern information disclosed after the filing of 
posthearing briefs. Comments containing new factual information shall 
be disregarded. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain CBI must also conform with the requirements of section 
201.6 of the Commission's rules. The Commission's rules do not 
authorize filing of submissions with the Secretary by facsimile or 
electronic means, except to the extent permitted by section 201.8 of 
the Commission's rules, as amended, 67 FR 68036 (November 8, 2002).
    In accordance with section 201.16(c) 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 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.
    Remedy.--Parties are reminded that no separate conference or 
hearing on the issues of provisional remedy or final remedy will be 
held. Those parties wishing to present arguments on the issues of 
remedy may do so orally at the conference or hearing; or in their 
postconference briefs, prehearing briefs, posthearing briefs, or final 
comments on remedy.

    Authority: This investigation is being conducted under the 
authority of section 421 of the Trade Act of 1974; this notice is

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published pursuant to section 206.3 of the Commission's rules.

    Issued: September 9, 2003.
    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-23420 Filed 9-12-03; 8:45 am]
BILLING CODE 7020-02-P