Notice2022-22953
Pneumatic Off-the-Road (OTR) Tires From India; Scheduling of Full Five-Year Reviews
Primary source
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Published
October 21, 2022
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 ("the Act") to determine whether revocation of the antidumping duty and countervailing duty orders on pneumatic off-the-road ("OTR") tires from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
Full Text
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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64110-64112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22953]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-552 and 731-TA-1308 (Review)]
Pneumatic Off-the-Road (OTR) Tires From India; Scheduling of Full
Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of full
reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine
whether revocation of the antidumping duty and countervailing duty
orders on pneumatic off-the-road (``OTR'') tires from India would be
likely to lead to continuation or recurrence of material injury within
a reasonably foreseeable time. The Commission has determined to
exercise its authority to extend the review period by up to 90 days.
DATES: October 17, 2022.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade
[[Page 64111]]
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 (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public
record for these reviews may be viewed on the Commission's electronic
docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION: Background.--On May 9, 2022, the Commission
determined that responses to its notice of institution of the subject
five-year reviews were such that full reviews should proceed (87 FR
33209, June 1, 2022); accordingly, full reviews are being scheduled
pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C.
1675(c)(5)). A record of the Commissioners' votes, the Commission's
statement on adequacy, and any individual Commissioner's statements are
available from the Office of the Secretary and at the Commission's
website.
Participation in the reviews 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 these reviews 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, by 45 days after
publication of this notice. A party that filed a notice of appearance
following publication of the Commission's notice of institution of the
reviews need not file an additional notice of appearance. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
reviews.
For further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207).
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, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
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 these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made by 45 days after publication of this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the reviews. A party granted
access to BPI following publication of the Commission's notice of
institution of the reviews 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 reviews will be
placed in the nonpublic record on February 8, 2023, and a public
version will be issued thereafter, pursuant to section 207.64 of the
Commission's rules.
Hearing.-- The Commission will hold an in-person hearing at the
U.S. International Trade Commission Building in connection with these
reviews beginning at 9:30 a.m. on Thursday, March 2, 2023. Requests to
appear at the hearing should be filed in writing with the Secretary to
the Commission on or before Wednesday, February 22, 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 reviews, 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 <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
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 attend a prehearing
conference to be held at 9:30 a.m. on Friday, February 24, 2023, if
deemed necessary. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on March 1, 2023. 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 to the reviews may submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of section 207.65 of the Commission's rules; the
deadline for filing is February 17, 2023. Parties may also file written
testimony in connection with their presentation at the hearing, and
posthearing briefs, which must conform with the provisions of section
207.67 of the Commission's rules. The deadline for filing posthearing
briefs is March 9, 2023. In addition, any person who has not entered an
appearance as a party to the reviews may submit a written statement of
information pertinent to the subject of the reviews on or before March
9, 2023. On March 31, 2023, 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 4, 2023, but such final comments must not contain new
factual information and must otherwise comply with section 207.68 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
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
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 reviews must be served on
all other parties to the reviews (as identified by either the public or
BPI service list), and a certificate of service must be timely
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filed. The Secretary will not accept a document for filing without a
certificate of service.
The Commission has determined that these reviews are
extraordinarily complicated and therefore has determined to exercise
its authority to extend the review period by up to 90 days pursuant to
19 U.S.C.1675(c)(5)(B).
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant
to section 207.62 of the Commission's rules.
By order of the Commission.
Issued: October 18, 2022.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2022-22953 Filed 10-20-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on October 21, 2022.
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