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Pneumatic Off-the-Road (OTR) Tires From India; Scheduling of Full Five-Year Reviews

Publication: Federal Register
Signing Official: Jessica Mullan
Agency: International Trade Commission
Date: 21 October 2022

American Government 
[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64110-64112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22953]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-552 and 731-TA-1308 (Review)]


Pneumatic Off-the-Road (OTR) Tires From India; 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 and countervailing duty 
orders on pneumatic off-the-road (``OTR'') tires from India 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: October 17, 2022.

FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office 
of Investigations, U.S. International Trade

[[Page 64111]]

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 (https://www.usitc.gov). The public 
record for these reviews may be viewed on the Commission's electronic 
docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--On May 9, 2022, the Commission 
determined that responses to its notice of institution of the subject 
five-year reviews were such that full reviews should proceed (87 FR 
33209, June 1, 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, https://edis.usitc.gov.) 
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 reviews 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 February 8, 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 at the 
U.S. International Trade Commission Building in connection with these 
reviews beginning at 9:30 a.m. on Thursday, March 2, 2023. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before Wednesday, February 22, 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 reviews, 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 https://www.usitc.gov/calendarpad/calendar.html.
    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 to be held at 9:30 a.m. on Friday, February 24, 2023, if 
deemed necessary. 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 March 1, 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 February 17, 2023. Parties may 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 March 9, 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 March 
9, 2023. On March 31, 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 April 4, 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 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
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

[[Page 64112]]

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: October 18, 2022.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2022-22953 Filed 10-20-22; 8:45 am]
BILLING CODE 7020-02-P




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