Notice2023-03686
Large Residential Washers: Evaluation of the Effectiveness of Import Relief
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2023
Issuing agencies
International Trade Commission
Abstract
Pursuant to section 204(d) of the Trade Act of 1974 ("the Act"), the Commission has instituted investigation No. TA-201-076, Large Residential Washers: Evaluation of the Effectiveness of Import Relief, for the purpose of evaluating the effectiveness of the relief action imposed by the President on imports of large residential washers and parts thereof under section 203 of the Act, which terminated on February 7, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11474-11476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03686]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-076 (Evaluation)]
Large Residential Washers: Evaluation of the Effectiveness of
Import Relief
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of an investigation under section
204(d) of the Trade Act of 1974.
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SUMMARY: Pursuant to section 204(d) of the Trade Act of 1974 (``the
Act''), the Commission has instituted investigation No. TA-201-076,
Large Residential Washers: Evaluation of the Effectiveness of Import
Relief, for the purpose of evaluating the effectiveness of the relief
action imposed by the President on imports of large residential washers
and parts thereof under section 203 of the Act, which terminated on
February 7, 2023.
DATES: February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Kristina Lara (202-205-3386), 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 this
investigation 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 January 23, 2018, the President, pursuant to
section 203 of the Act (19 U.S.C. 2253), issued Proclamation 9694,
imposing a safeguard measure on imports of certain large residential
washers and parts thereof in the form of tariff-rate quotas. The
proclamation was published in the Federal Register on January 25, 2018
(83 FR 3553). The measure took effect on February 7, 2018, for a period
of three years and one day, or through February 7, 2021, as modified by
Proclamation 9887 of May 16, 2019 (84
[[Page 11475]]
FR 23425), Proclamation 9902 of May 31, 2019 (84 FR 26323), and
Proclamation 9979 of January 23, 2020 (85 FR 5125). The President
imposed the measure following receipt of a report from the Commission
in December 2017 under section 202 of the Trade Act (19 U.S.C. 2252)
that contained an affirmative determination, remedy recommendations,
and certain additional findings (see Large Residential Washers, Inv.
No. TA-201-076, USITC Publication 4745, Dec. 2017).
On December 8, 2020, in response to a petition filed on behalf of
Whirlpool Corporation, Benton Harbor, Michigan, the Commission issued
its determination and report pursuant to section 204(c) of the Act (19
U.S.C. 2254(c)), finding that the safeguard measure continued to be
necessary to prevent or remedy the serious injury to the domestic
industry, and that there was evidence that the domestic industry was
making a positive adjustment to import competition (see Large
Residential Washers: Extension of Action, Inv. No. TA-201-076, USITC
Publication 5144, December 2020). On January 14, 2021, the President
issued Proclamation 10133 (86 FR 6541, January 21, 2021), pursuant to
section 203(e)(1)(B) of the Act (19 U.S.C. 2253(e)(1)(B)), extending
the safeguard measure on large residential washers and parts thereof
through February 7, 2023.
Section 204(d) of the Act requires the Commission, following
termination of a relief action, to evaluate the effectiveness of the
action in facilitating positive adjustment by the domestic industry to
import competition, consistent with the reasons set out by the
President in the report submitted to the Congress under section 203(b)
of the Act. The Commission is required to submit a report on the
evaluation to the President and the Congress no later than 180 days
after the day on which the relief action was terminated. Section
204(d)(2) requires the Commission to hold a hearing in the course of
conducting its evaluation.
For further information concerning the conduct of the
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 F
(19 CFR part 206).
Participation in the investigation and public 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 21
days after publication of this notice in the Federal Register. The
Secretary will prepare a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the investigation upon the expiration of the period for filing entries
of appearance.
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 confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to 206.54(e) 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 in accordance with
the procedures set forth in section 206.17 of the rules, provided that
the application is made not later than 21 days after the publication of
this notice in the Federal Register. The Secretary will maintain a
separate service list for those parties authorized to receive CBI under
the APO.
Hearing.--As required by statute, the Commission has scheduled a
hearing in connection with this investigation. The hearing will be held
beginning at 9:30 a.m. on Thursday, June 1, 2023. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before May 25, 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 investigation, 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>.
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 30, 2023. Parties
shall file and serve written testimony and presentation slides in
connection with their presentation at the hearing by no later than 4
p.m. on May 31, 2023. Oral testimony and written materials to be
submitted at the public 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 business days prior to the date of the hearing.
Written submissions.--Each party is encouraged to submit a
prehearing brief to the Commission. The deadline for filing prehearing
briefs is May 24, 2023. Parties may also file posthearing briefs. The
deadline for filing posthearing briefs is June 8, 2023. In addition,
any person who has not entered an appearance as a party to the
investigation may submit a written statement concerning the matters to
be addressed in the report on or before June 8, 2023. All written
submissions must conform with the provisions of section 201.8, 206.7,
and 206.8 of the Commission's rules; any submissions that contain
confidential business information must also conform with the
requirements of section 201.6 of the Commission's rules. Any
confidential business information that is provided will be subject to
limited disclosure under the APO (see above) and may be included in the
report that the Commission sends to the President and the U.S. Trade
Representative. 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, will 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 206.8 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
public 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
204(d) of the Trade Act of 1974; this notice is published pursuant to
section 206.3 of the Commission's rules.
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By order of the Commission.
Issued: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03686 Filed 2-22-23; 8:45 am]
BILLING CODE 7020-02-P
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