[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66218-66219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26073]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1446 (Final)]
Sodium Sulfate Anhydrous From Canada; Scheduling of the Final
Phase of an Anti-Dumping Duty Investigation
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 investigation No. 731-TA-1446 (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 sodium sulfate
anhydrous from Canada, provided for in subheadings 2833.11.10 and
2833.11.50 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be sold at less-than-fair-value.
DATES: November 8, 2019.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), 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:
Scope.--For purposes of this investigation, Commerce has defined
the subject merchandise as ``sodium sulfate
(Na2SO4) (Chemical Abstracts Service (CAS) Number
7757-82-6) that is anhydrous (i.e., containing no water), regardless of
purity, grade, color, production method, and form of packaging, in
which the percentage of particles between 20 mesh and 100 mesh, based
on U.S. mesh series screens, ranges from 10-95% and the percentage of
particles finer than 100 mesh, based on U.S. mesh series screens,
ranges from 5-90%.
Excluded from the scope of this investigation are specialty sodium
sulfate anhydrous products, which are products whose particle
distributions fall outside the described ranges. Glauber's salt
(Na2SO4[middot]10H2O), also known as
sodium sulfate decahydrate, an intermediate product in the production
of sodium sulfate anhydrous that has no known commercial uses, is not
included within the scope of the investigation, although some end-users
may mistakenly refer to sodium sulfate anhydrous as Glauber's salt.
Other forms of sodium sulfate that are hydrous (i.e., containing water)
are also excluded from the scope of the investigation.
The merchandise subject to this investigation is classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
2833.11.5010. Subject merchandise may also be classified under
2833.11.1000, 2833.11.5050, and 2833.19.0000. Although the HTSUS
subheadings and CAS registry number are provided for convenience and
customs purposes, the written description of the scope of the
investigation is dispositive.''
Background.--The final phase of this investigation is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by Commerce that imports of sodium sulfate anhydrous from
Canada 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
investigation was requested in a petition filed on March 28, 2019, by
Cooper Natural Resources, Inc., Fort Worth, Texas; Elementis Global
LLC, East Windsor, New Jersey; and Searles Valley Minerals, Inc.,
Overland Park, Kansas.
For further information concerning the conduct of this phase of the
investigation, 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).
Participation in the investigation 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 this
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, 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 investigation 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
investigation.
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 this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation. A party granted access
to BPI in the preliminary phase of the investigation 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
this
[[Page 66219]]
investigation will be placed in the nonpublic record on March 5, 2020,
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 this investigation beginning at 9:30 a.m. on Thursday,
March 19, 2020, 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 March 13, 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 March 16, 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 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 March 12, 2020. 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 March 27, 2020. 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 subject of the investigation,
including statements of support or opposition to the petition, on or
before March 27, 2020. On April 17, 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 April 21, 2020, 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 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, 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 investigation must be
served on all other parties to the investigation (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: This investigation is 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: November 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-26073 Filed 12-2-19; 8:45 am]
BILLING CODE 7020-02-P