Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices 24505

2The Commission has found the response

submitted by PACE Local 2–00948 to be

individually adequate. Comments from other

interested parties will not be accepted (see 19 CFR

207.62(d)(2)).

1The record is defined in sec. 207.2(f) of the

Commission’s Rules of Practice and Procedure (19

CFR 207.2(f)).

2 Vice Chairman Miller and Commissioner Askey

determined that there is no potential for subject

imports from Thailand to imminently account for

more than 3 percent of the volume of all such

merchandise imported into the United States.

3Commissioners Hillman, Koplan, and Okun

made this finding with Chairman Bragg dissenting.

Chairman Bragg found that there is a reasonable

indication that an industry in the United States is

threatened with material injury by reason of

imports from Thailand that are alleged to be sold

at LTFV.

4 Vice Chairman Miller and Commissioner Askey

found that subject imports are negligible and do not

reach the issue of a reasonable indication of threat

of material injury by reason of subject imports from

Thailand.

5The Committee is comprised of the following

U.S. producers: Bergen Cable Technology, Inc.;

Bridon American Corp.; Carolina Steel & Wire

Corp.; Continental Cable Co.; Loos & Co., Inc.;

Paulsen Wire Rope Corp.; Sava Industries, Inc.;

Strandflex, A Division of MSW, Inc.; and Wire Rope

Corp. of America, Inc.

expedited review pursuant to section

751(c)(3) of the Act.

Staff Report

A staff report containing information

concerning the subject matter of the

review will be placed in the nonpublic

record on May 2, 2000, and made

available to persons on the

Administrative Protective Order service

list for this review. A public version

will be issued thereafter, pursuant to

section 207.62(d)(4) of the

Commission’s rules.

Written Submissions

As provided in section 207.62(d) of

the Commission’s rules, interested

parties that are parties to the review and

that have provided individually

adequate responses to the notice of

institution,2 and any party other than an

interested party to the review may file

written comments with the Secretary on

what determination the Commission

should reach in the review. Comments

are due on or before May 5, 2000, and

may not contain new factual

information. Any person that is neither

a party to the five-year review nor an

interested party may submit a brief

written statement (which shall not

contain any new factual information)

pertinent to the review by May 5, 2000.

However, should Commerce extend the

time limit for its completion of the final

results of its review, the deadline for

comments (which may not contain new

factual information) on Commerce’s

final results is three business days after

the issuance of Commerce’s results. If

comments contain business proprietary

information (BPI), they must conform

with the requirements of sections 201.6,

207.3, and 207.7 of the Commission’s

rules. The Commission’s rules do not

authorize filing of submissions with the

Secretary by facsimile or electronic

means.

In accordance with sections 201.16(c)

and 207.3 of the rules, each document

filed by a party to the review must be

served on all other parties to the review

(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 review is 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: April 20, 2000.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–10425 Filed 4–25–00; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigations Nos. 731–TA–868–871

(Preliminary)]

Steel Wire Rope From China, India,

Malaysia, and Thailand

Determinations

On the basis of the record 1 developed

in the subject investigations, the United

States International Trade Commission

determines, pursuant to section 733(a)

of the Tariff Act of 1930 (19 U.S.C.

1673b(a)), that there is a reasonable

indication that an industry in the

United States is materially injured or

threatened with material injury by

reason of imports from China, India, and

Malaysia of steel wire rope, provided for

in subheadings 7312.10.60 and

7312.10.90 of the Harmonized Tariff

Schedule of the United States, that are

alleged to be sold in the United States

at less than fair value (LTFV).

The Commission further determines,

pursuant to 19 U.S.C. 1677(24)(A), that

the subject imports from Thailand that

are alleged to be sold at LTFV are

negligible, but that there is a potential

that subject imports from Thailand will

imminently account for more than 3

percent of the volume of all such

merchandise imported into the United

States.2 The Commission further

determines either that there is no

reasonable indication that an industry

in the United States is threatened with

material injury by reason of imports of

steel wire rope from Thailand 3 or that

such imports are negligible.4

Commencement of Final Phase

Investigations

Pursuant to section 207.18 of the

Commission’s rules, the Commission

also gives notice of the commencement

of the final phase of its investigations.

The Commission will issue a final phase

notice of scheduling which will be

published in the Federal Register as

provided in section 207.21 of the

Commission’s rules upon notice from

the Department of Commerce

(Commerce) of affirmative preliminary

determinations in the investigations

under section 733(b) of the Act, or, if the

preliminary determinations are

negative, upon notice of affirmative

final determinations in the

investigations under section 735(a) of

the Act. Parties that filed entries of

appearance in the preliminary phase of

the investigations need not enter a

separate appearance for the final phase

of the investigations. Industrial users,

and, if the merchandise under

investigation is sold at the retail level,

representative consumer organizations

have the right to appear as parties in

Commission antidumping

investigations. The Secretary will

prepare a public service list containing

the names and addresses of all persons,

or their representatives, who are parties

to the investigations.

Background

On March 1, 2000, a petition was filed

with the Commission and the

Department of Commerce by The

Committee of Domestic Steel Wire Rope

and Specialty Cable Manufacturers

(Committee),5 Washington, DC, alleging

that an industry in the United States is

materially injured or threatened with

material injury by reason of LTFV

imports of steel wire rope from China,

India, Malaysia, and Thailand.

Accordingly, effective March 1, 2000,

the Commission instituted antidumping

duty investigations Nos. 731–TA–868–

871 (Preliminary).

Notice of the institution of the

Commission’s investigations and of a

public conference to be held in

connection therewith was given by

posting copies of the notice in the Office

of the Secretary, U.S. International

Trade Commission, Washington, DC,

and by publishing the notice in the

Federal Register of March 9, 2000 (65

FR 12575). The conference was held in

Washington, DC, on March 22, 2000,

24506 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices

and all persons who requested the

opportunity were permitted to appear in

person or by counsel.

The Commission transmitted its

determination in this investigation to

the Secretary of Commerce on April 17,

2000. The views of the Commission are

contained in USITC Publication 3294

(April 2000), entitled Steel Wire Rope

from China, India, Malaysia, and

Thailand: Investigations Nos. 731–TA–

868–871 (Preliminary).

By order of the Commission.

Issued: April 20, 2000.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–10424 Filed 4–25–00; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Inv. No. 337–TA–422]

Notice of Commission Determination

Not To Review a Final Initial

Determination Finding a Violation of

Section 337; Schedule for Written

Submissions on Remedy, the Public

Interest, and Bonding

In the Matter of Certain Two-Handle

Centerset Faucets and Escutcheons, and

Components Thereof.

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has determined not to

review the final initial determination

(ID) issued by the presiding

administrative law judge (ALJ) on

March 17, 2000, finding a violation of

section 337 of the Tariff Act of 1930, 19

U.S.C. 1337, in the above-captioned

investigation.

FOR FURTHER INFORMATION CONTACT:

Michael Diehl, Esq., Office of the

General Counsel, U.S. International

Trade Commission, telephone 202–205–

3095. General information concerning

the Commission may also be obtained

by accessing its Internet server (http://

www.usitc.gov). Hearing-impaired

persons are advised that information on

the matter can be obtained by contacting

the Commission’s TDD terminal on 202–

205–1810.

SUPPLEMENTARY INFORMATION: This

investigation was instituted on June 17,

2000, based on a complaint by Moen

Incorporated of Ohio. 64 FR 32522.

Moen’s complaint alleged unfair acts in

violation of section 337 in the

importation and sale of certain twohandle centerset faucets and

escutcheons, and components thereof

(faucets). The complaint alleged that

five respondents had infringed a design

patent held by complainant Moen. The

five respondents named in the

investigation were Foremost

International Trading, Inc. of East

Hanover, New Jersey (Foremost), Chung

Cheng Faucet Co. Ltd. of Hsien Taiwan

(Chung Cheng), Hometek International

Group of Illinois (Hometek), Stuhlbarg

International Sales Company Inc. d.b.a.

Sisco, Inc. of Rancho Dominguez,

California (Sisco), and Lota

International Co. Ltd. of the People’s

Republic of China (Lota).

On October 6, 1999, the Commission

determined not to review an ID

terminating the investigation as to

Hometek on the basis of a consent order.

On December 29, 1999, the Commission

issued a notice that an ID granting

complainant’s motion for partial

summary determination that it had

satisfied the economic prong of the

domestic industry requirement had

become the determination of the

Commission. An evidentiary hearing

was held December 13–15, 1999, with

complainant, respondents Foremost and

Chung Cheng, and the Commission

investigative attorney participating. On

February 1, 2000, the Commission

determined not to review an ID

terminating the investigation as to

respondents Sisco and Lota.

On March 17, 2000, the ALJ issued his

final ID, finding a violation of section

337 by Foremost and Chung Cheng, the

two remaining respondents. The ALJ

also issued his recommendations on

remedy and bonding. The ALJ

recommended that the Commission

issue a general exclusion order directing

that faucets that infringe the ‘466 patent

be excluded from entry into the United

States. He also recommended a 264

percent bond during the period of

Presidential review.

No party filed a petition for review of

the ID.

Having examined the record in this

investigation, the Commission has

determined not to review the ID.

In connection with the final

disposition of this investigation, the

Commission may issue: (1) An order

that could result in the exclusion of the

subject articles from entry into the

United States; and/or (2) cease and

desist orders that could result in

respondents being required to cease and

desist from engaging in unfair action in

the importation and sale of such

articles. Accordingly, the Commission is

interested in receiving written

submissions that address the form of

remedy that should be ordered. If a

party seeks exclusion of an article from

entry into the United States for purposes

other than entry for consumption, the

party should so indicate and provide

information establishing that activities

involving other types of entry either are

adversely affecting it or likely to do so.

For background, see In the Matter of

Certain Devices for Connecting

Computers via Telephone Lines, Inv.

No. 337–TA–360, USITC Pub. No. 2843

(December 1994) (Commission

Opinion).

If the Commission contemplates some

form of remedy, it must consider the

effects of that remedy upon the public

interest. The factors the Commission

will consider include the effect that an

exclusion order and/or cease and desist

orders would have on: (1) The public

health and welfare; (2) competitive

conditions in the U.S. economy; (3) U.S.

production of articles that are like or

directly competitive with those that are

subject to investigation; and (4) U.S.

consumers. The Commission is

therefore interested in receiving written

submissions that address the

aforementioned public interest factors

in the context of this investigation.

If the Commission orders some form

of remedy, the President has 60 days to

approve or disapprove the

Commission’s action. During this

period, the subject articles would be

entitled to enter the United States under

a bond, in an amount determined by the

Commission and prescribed by the

Secretary of the Treasury. The

Commission is therefore interested in

receiving submissions concerning the

amount of the bond that should be

imposed.

Written Submissions: The parties to

the investigation, interested government

agencies, and any other interested

parties are encouraged to file written

submissions on remedy, the public

interest, and bonding. Such submissions

should address the March 17, 2000,

recommended determination by the ALJ

on remedy and bonding. Complainant

and the Commission investigative

attorney are also requested to submit

proposed remedial orders for the

Commission’s consideration. The

written submissions and proposed

remedial orders must be filed no later

than close of business on May 5, 2000.

Reply submissions must be filed no later

than the close of business on May 12,

2000. No further submissions on these

issues will be permitted unless

otherwise ordered by the Commission.

Persons filing written submissions

must file with the Office of the Secretary

the original document and 14 true

copies thereof on or before the deadlines

stated above. Any person desiring to