[Federal Register: June 11, 2003 (Volume 68, Number 112)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-436 (Preliminary) and 731-TA-1042
Certain Colored Synthetic Organic Oleoresinous Pigment
Dispersions From India
AGENCY: United States International Trade Commission.
ACTION: Institution of countervailing duty and antidumping
investigations and scheduling of the preliminary phase investigations.
SUMMARY: The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase countervailing
duty and antidumping investigation nos. 701-TA-436 (Preliminary) and
731-TA-1042 (Preliminary) under sections 703(a) and 733(a) of the
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 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 India of
certain colored synthetic organic oleoresinous pigment dispersions.
This petition covers imports of colored synthetic organic pigment
dispersions, in flush or base form, containing pigments classified in
either the Azo or Phthalo chemical classes that have been dispersed in
an oleoresinous organic vehicle system comprising assorted combinations
of various solvents, oils, and resins (``the varnish''). The subject
pigment dispersions are a thick putty that contain by weight 20 percent
or more pigment dispersed in the varnish. The subject pigment
dispersions are used primarily for the manufacture of letterpress and
lithographic printing inks, provided for in subheadings 3204.17.6020
(Pigment Blue 15:4), 3204.17.6085 (Pigments Red 48:1, Red 48:2, Red
48:3, and Yellow 174), 3204.17.90 (Pigments Red 57:1, Yellow 12, Yellow
13, Yellow 74, Blue 15:3, Green 7), and 3204.17.9085 (Pigments Red 22,
Red 48:4, Red 49:1, Red 49:2, Red 52:1, Red 53:1, Yellow 14, Yellow 83,
and Green 36) of the Harmonized Tariff Schedule of the United States,
that are alleged to be subsidized by the Government of India and
alleged to be sold in the United States at less than fair value. Unless
the Department of Commerce extends the time for initiation pursuant to
section 702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C.
1671a(c)(1)(B) and (19 U.S.C. 1673a(c)(1)(B)), the Commission must
reach a preliminary determination in these investigations in 45 days,
or in this case by July 21, 2003. The Commission's views are due at
Commerce within five business days thereafter, or by July 28, 2003.
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
EFFECTIVE DATE: June 5, 2003.
FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187 or
firstname.lastname@example.org), 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 (http://www.usitc.gov). The public record
for this investigation may be viewed on the Commission's electronic
docket (EDIS) at http://edis.usitc.gov.
These investigations are being instituted in response to a petition
filed on June 5, 2003, by Apollo Colors, Inc., Rockdale, IL, General
Press Colors, Ltd.,
Addison, IL, Magruder Color Company, Inc., Elizabeth, NJ, and Sun
Chemical Corporation, Fort Lee, NJ.
Participation in the Investigations and Public Service List
Persons (other than petitioners) wishing to participate in these
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 countervailing duty and 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 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 these investigations under the APO
issued in these 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.
The Commission's Director of Operations has scheduled a conference
in connection with these investigations for 9:30 a.m. on June 27, 2003,
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 or email@example.com) not later
than June 25, 2003, to arrange for their appearance. Parties in support
of the imposition of countervailing duties 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.
As provided in sections 201.8 and 207.15 of the Commission's rules,
any person may submit to the Commission on or before July 2, 2003, a
written brief containing information and arguments pertinent to the
subject matter of these 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 means, except to the extent
permitted by section 201.8 of the Commission's rules, as amended, 67 FR
68036 (November 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to these investigations must be served on all
other parties to these 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.
Issued: June 6, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-14793 Filed 6-10-03; 8:45 am]
BILLING CODE 7020-02-P