66126 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 

ADDRESSES: A copy of the final FLAG 

Phase I Report—REVISED and the 

accompanying Response to Public 

Comments document can be 

downloaded from the Internet at: http:// 

www.nature.nps.gov/air/permits/flag/ 

index.cfm. 

A copy can also be obtained from 

John Bunyak, Air Resources Division, 

National Park Service, P.O. Box 25287, 

Denver, Colorado 80225; e-mail: 

john_bunyak@nps.gov. 

FOR FURTHER INFORMATION CONTACT: John 

Bunyak at the above address or by 

calling (303) 969–2818. 

Dated: September 8, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks, Department of the Interior. 

[FR Doc. 2010–27211 Filed 10–26–10; 8:45 am] 

BILLING CODE P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–476 and 731– 

TA–1179 (Preliminary)] 

Multilayered Wood Flooring From 

China 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of antidumping and 

countervailing duty investigations and 

scheduling of preliminary phase 

investigations. 

SUMMARY: The Commission hereby gives 

notice of the institution of investigations 

and commencement of preliminary 

phase antidumping and countervailing 

duty investigations Nos. 701–TA–476 

and 731–TA–1179 (Preliminary) under 

sections 703(a) and 733(a) of the Tariff 

Act of 1930 (19 U.S.C. 1671b(a) and 

1673b(a)) (the Act) to determine 

whether there is a reasonable indication 

that 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 from China of multilayered 

wood flooring, provided for in 

subheadings 4409.10, 4409.29, 4412.31, 

4412.32, 4412.39, 4412.94, 4412.99, 

4418.71, 4418.72, 4418.79.00, and 

4418.90 of the Harmonized Tariff 

Schedule of the United States, that are 

alleged to be sold in the United States 

at less than fair value and alleged to be 

subsidized by the Government of China. 

Unless the Department of Commerce 

extends the time for initiation pursuant 

to sections 702(c)(1)(B) or 732(c)(1)(B) of 

the Act (19 U.S.C. 1671a(c)(1)(B) or 

1673a(c)(1)(B)), the Commission must 

reach a preliminary determination in 

antidumping and countervailing duty 

investigations in 45 days, or in this case 

by December 6, 2010. The Commission’s 

views are due at Commerce within five 

business days thereafter, or by 

December 13, 2010. 

For further information concerning 

the conduct of these investigations 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 207, 

subparts A and B (19 CFR part 207). 

DATES: Effective Date: October 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Fred 

Ruggles (202–205–3187 or 

fred.ruggles@usitc.gov), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired 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 (http:// 

www.usitc.gov). The public record for 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—These investigations 

are being instituted in response to a 

petition filed on October 21, 2010, on 

behalf of the Coalition for American 

Hardwood Parity (‘‘CAHP’’), an ad hoc 

association of U.S. manufacturers of 

multilayered wood flooring. The 

following companies are members of the 

CAHP: Anderson Hardwood Floors, 

LLC, Fountain Inn, SC; Award 

Hardwood Floors, Wausau, WI; Baker’s 

Creek Wood Floors, Inc., Edwards, MS; 

From the Forest, Weston, WI; Howell 

Hardwood Flooring, Dothan, AL; 

Mannington Mills, Inc., Salem, NJ; 

Nydree Flooring, Forest, VA; and Shaw 

Industries Group, Inc., Dalton, GA. 

Participation in the investigations and 

public service list.—Persons (other than 

petitioners) wishing to participate in the 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

sections 201.11 and 207.10 of the 

Commission’s rules, not later than seven 

days after publication of this notice in 

the Federal Register. 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 and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to these investigations 

upon the expiration of the period for 

filing entries of appearance. 

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 investigations 

available to authorized applicants 

representing interested parties (as 

defined in 19 U.S.C. 1677(9)) who are 

parties to the investigations under the 

APO issued in the investigations, 

provided that the application is made 

not later than seven days after the 

publication of this notice in the Federal 

Register. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Conference.—The Commission’s 

Director of Investigations has scheduled 

a conference in connection with these 

investigations for 9:30 a.m. on 

November 12, 2010, at the U.S. 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. Parties wishing to 

participate in the conference should 

contact Fred Ruggles (202–205–3187) 

not later than November 9, 2010, to 

arrange for their appearance. Parties in 

support of the imposition of 

countervailing and antidumping duties 

in these investigations and parties in 

opposition to the imposition of such 

duties will each be collectively 

allocated one hour within which to 

make an oral presentation at the 

conference. A nonparty who has 

testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the conference. 

Written submissions.—As provided in 

sections 201.8 and 207.15 of the 

Commission’s rules, any person may 

submit to the Commission on or before 

November 16, 2010, a written brief 

containing information and arguments 

pertinent to the subject matter of the 

investigations. Parties may file written 

testimony in connection with their 

presentation at the conference no later 

than three days before the conference. If 

briefs or written testimony contain 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 66127 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II (C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the investigations 

must be served on all other parties to 

the investigations (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: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.12 of the 

Commission’s rules. 

By order of the Commission. 

Issued: October 21, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–27173 Filed 10–26–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Summary of Commission Practice 

Relating to Administrative Protective 

Orders 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Summary of Commission 

practice relating to administrative 

protective orders. 

SUMMARY: Since February 1991, the U.S. 

International Trade Commission 

(‘‘Commission’’) has issued an annual 

report on the status of its practice with 

respect to violations of its 

administrative protective orders 

(‘‘APOs’’) in investigations under title 

VII of the Tariff Act of 1930, in response 

to a direction contained in the 

Conference Report to the Customs and 

Trade Act of 1990. Over time, the 

Commission has added to its report 

discussions of APO breaches in 

Commission proceedings other than 

under title VII and violations of the 

Commission’s rules including the rule 

on bracketing business proprietary 

information (‘‘BPI’’) (the ‘‘24-hour rule’’), 

19 CFR 207.3(c). This notice provides a 

summary of investigations completed 

during calendar year 2009 of breaches in 

proceedings under title VII and section 

337 of the Tariff Act of 1930. In 

addition, there is a summary of rules 

violation investigations completed in 

2009. The Commission intends that this 

report inform representatives of parties 

to Commission proceedings as to some 

specific types of APO breaches and 

rules violations encountered by the 

Commission and the corresponding 

types of actions the Commission has 

taken. 

FOR FURTHER INFORMATION CONTACT: 

Carol McCue Verratti, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, telephone (202) 

205–3088. Hearing impaired individuals 

are advised that information on this 

matter can be obtained by contacting the 

Commission’s TDD terminal at (202) 

205–1810. General information 

concerning the Commission can also be 

obtained by accessing its Web site 

(http://www.usitc.gov). 

SUPPLEMENTARY INFORMATION: 

Representatives of parties to 

investigations or other proceedings 

conducted under title VII of the Tariff 

Act of 1930, sections 202 and 204 of the 

Trade Act of 1974, section 421 of the 

Trade Act of 1974, section 337 of the 

Tariff Act of 1930, and North American 

Free Trade Agreement (NAFTA) Article 

1904.13, 19 U.S.C. 1516a(g)(7)(A), may 

enter into APOs that permit them, under 

strict conditions, to obtain access to BPI 

(title VII) or confidential business 

information (‘‘CBI’’) (section 421, 

sections 201–204, and section 337) of 

other parties. See 19 U.S.C. 1677f; 19 

CFR 207.7; 19 CFR 207.100, et seq.; 19 

U.S.C. 2252(i); 19 U.S.C. 2451a(b)(3); 19 

CFR 206.17; 19 U.S.C. 1337(n); 19 CFR 

210.5, 210.34. The discussion below 

describes APO breach investigations 

and rules violation investigations that 

the Commission has completed during 

calendar year 2009, including a 

description of actions taken in response 

to these breaches and rules violations. 

Since 1991, the Commission has 

published annually a summary of its 

actions in response to violations of 

Commission APOs and the 24-hour rule. 

See 56 FR 4846 (February 6, 1991); 57 

FR 12335 (April 9, 1992); 58 FR 21991 

(April 26, 1993); 59 FR 16834 (April 8, 

1994); 60 FR 24880 (May 10, 1995); 61 

FR 21203 (May 9, 1996); 62 FR 13164 

(March 19, 1997); 63 FR 25064 (May 6, 

1998); 64 FR 23355 (April 30, 1999); 65 

FR 30434 (May 11, 2000); 66 FR 27685 

(May 18, 2001); 67 FR 39425 (June 7, 

2002); 68 FR 28256 (May 23, 2003); 69 

FR 29972 (May 26, 2004); 70 FR 42382 

(July 25, 2005); 71 FR 39355 (July 12, 

2006); 72 FR 50119 (August 30, 2007); 

73 FR 51843 (September 5, 2008); and 

74 FR 54071 (October 21, 2009). This 

report does not provide an exhaustive 

list of conduct that will be deemed to be 

a breach of the Commission’s APOs. 

APO breach inquiries are considered on 

a case-by-case basis. 

As part of the effort to educate 

practitioners about the Commission’s 

current APO practice, the Commission 

Secretary issued in March 2005 a fourth 

edition of An Introduction to 

Administrative Protective Order Practice 

in Import Injury Investigations (Pub. No. 

3755). This document is available upon 

request from the Office of the Secretary, 

U.S. International Trade Commission, 

500 E Street, SW., Washington, DC 

20436, tel. (202) 205–2000 and on the 

Commission’s Web site at http:// 

www.usitc.gov. 

I. In General 

The current APO form for 

antidumping and countervailing duty 

investigations, which was revised in 

March 2005, requires the applicant to 

swear that he or she will: 

(1) Not divulge any of the BPI 

disclosed under this APO or otherwise 

obtained in this investigation and not 

otherwise available to him or her, to any 

person other than — 

(i) Personnel of the Commission 

concerned with the investigation, 

(ii) The person or agency from whom 

the BPI was obtained, 

(iii) A person whose application for 

disclosure of BPI under this APO has 

been granted by the Secretary, and 

(iv) Other persons, such as paralegals 

and clerical staff, who (a) are employed 

or supervised by and under the 

direction and control of the authorized 

applicant or another authorized 

applicant in the same firm whose 

application has been granted; (b) have a 

need thereof in connection with the 

investigation; (c) are not involved in 

competitive decision making for an 

interested party which is a party to the 

investigation; and (d) have signed the 

acknowledgment for clerical personnel 

in the form attached hereto (the 

authorized applicant shall also sign 

such acknowledgment and will be 

deemed responsible for such persons’ 

compliance with this APO); 

(2) Use such BPI solely for the 

purposes of the above-captioned 

Commission investigation or for judicial 

or binational panel review of such 

Commission investigation; 

(3) Not consult with any person not 

described in paragraph (1) concerning 

BPI disclosed under this APO or 

otherwise obtained in this investigation 

without first having received the written 

consent of the Secretary and the party 

or the representative of the party from 

whom such BPI was obtained; 


srobinson on DSKHWCL6B1PROD with NOTICES