Emulsion Styrene-Butadiene Rubber From Brazil, Mexico, Poland, and South Korea; Scheduling of Full Five-Year Reviews
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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 orders on emulsion styrene- butadiene rubber (ESBR) from Brazil, Mexico, Poland, and South Korea 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.
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<title>Federal Register, Volume 87 Issue 248 (Wednesday, December 28, 2022)</title>
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[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79905-79906]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28244]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1334-1337 (Review)]
Emulsion Styrene-Butadiene Rubber From Brazil, Mexico, Poland,
and South Korea; 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 orders on emulsion styrene-
butadiene rubber (ESBR) from Brazil, Mexico, Poland, and South Korea
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: December 22, 2022.
FOR FURTHER INFORMATION CONTACT: Tyler Berard (202-205-3354), 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
(<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 November 4, 2022, the Commission determined that
responses to its notice of institution of the subject five-year reviews
were such
[[Page 79906]]
that full reviews should proceed (87 FR 76509, December 14, 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 review 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 May 3, 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 in
connection with these reviews beginning at 9:30 a.m. on May 23, 2023.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before May 17, 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 review, 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 3 p.m. 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, if deemed necessary, to be held at 9:30 a.m. on May 19,
2023. 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 May 22, 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 May 12, 2023. Parties shall 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 May 31, 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 May
31, 2023. On June 27, 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 June 29, 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 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: December 22, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-28244 Filed 12-27-22; 8:45 am]
BILLING CODE 7020-02-P
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