[Federal Register: September 15, 2003 (Volume 68, Number 178)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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).
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
from China have caused or threaten to cause market disruption.
\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.
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
email@example.com), 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:
firstname.lastname@example.org) 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
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
published pursuant to section 206.3 of the Commission's rules.
Issued: September 9, 2003.
By order of the Commission.
Marilyn R. Abbott,
[FR Doc. 03-23420 Filed 9-12-03; 8:45 am]
BILLING CODE 7020-02-P