Seamless Refined Copper Pipe and Tube From Vietnam; Scheduling of the Final Phase of an Anti-Dumping Duty Investigation
| Published date | 23 February 2021 |
| Citation | 86 FR 10994 |
| Record Number | 2021-03678 |
| Section | Notices |
| Court | International Trade Commission |
10994
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
Respondents (i.e., affected public):
Not-for profit institutions; State, Local,
or Tribal Governments.
Estimated Number of Respondents:
353 annually.
Estimated Number of Responses: 353
annually.
Frequency of Response: 1 per agency
performance review.
Average Hours per Response: 1 hour
annually.
Total Estimated Burden: 353 hours.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) Ways to minimize the burden of
the collection of information on those
who are respond, including the use of
automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507.
Colette Pollard,
Department Reports Management Officer
Assistant, Office of the Chief Information
Officer.
[FR Doc. 2021–03552 Filed 2–22–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2020–0018]
Withdrawal of the Public Review
Period for Cook Inlet Lease Sale 258
AGENCY
: Bureau of Ocean Energy
Management, Interior.
ACTION
: Notice to withdraw public
review period.
SUMMARY
: BOEM is withdrawing the
public review period and virtual public
hearings announced in the Notice of
Availability (NOA) of the Draft
Environmental Impact Statement (DEIS)
for the proposed Cook Inlet Lease Sale
258.
DATES
: This withdrawal is effective
immediately. The public review period,
scheduled to close March 1, 2021, and
the virtual public hearings, scheduled
for February 9–11, 2021, are canceled.
FOR FURTHER INFORMATION CONTACT
: For
information regarding this notice, please
contact Amee Howard, Project Manager,
Bureau of Ocean Energy Management,
Alaska Regional Office, 3801
Centerpoint Drive, Suite 500,
Anchorage, Alaska 99503–5823, by
telephone at (907) 334–5200, or by
email at amee.howard@boem.gov.
SUPPLEMENTARY INFORMATION
: On
January 15, 2021, BOEM published an
NOA for the proposed Cook Inlet Lease
Sale 258 DEIS. The NOA began a 45-day
comment period and announced the
dates and times of three virtual public
hearings. However, in response to
Executive Order 14008, BOEM has
decided to cancel the comment period
and public hearings for the Lease Sale
258 DEIS.
Executive Order 14008, published in
the Federal Register on February 1,
2021, directed the Secretary of the
Interior to pause new oil and gas leasing
on public lands and offshore waters
pending completion of a comprehensive
review of Federal oil and gas activities,
including climate and other impacts.
Consistent with the Executive Order,
BOEM has decided to cancel the
comment period and virtual public
hearings for Lease Sale 258 DEIS. This
decision to postpone further
environmental review of the lease sale
pending completion of the review
specified in the Executive Order was
made to avoid administrative costs
associated with holding hearings on the
sale while it is under review. In advance
of this notice, on February 4, 2021,
BOEM issued a press release and
updated its website to notify
stakeholders that the public review
period and virtual public hearings were
cancelled. If, after completion of the
review directed in Executive Order
14008, BOEM resumes its
environmental review of Lease Sale 258,
a notice will be published in the
Federal Register.
Authority: This notice to withdraw the
public review period is published pursuant
to 42 U.S.C. 4321 et seq.; 40 CFR 1506.6
(2019 ed.).
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy
Management.
[FR Doc. 2021–03693 Filed 2–22–21; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1528 (Final)]
Seamless Refined Copper Pipe and
Tube From Vietnam; Scheduling of the
Final Phase of an Anti-Dumping Duty
Investigation
AGENCY
: United States International
Trade Commission.
ACTION
: Notice.
SUMMARY
: The Commission hereby gives
notice of the scheduling of the final
phase of antidumping investigation No.
731–TA–1528 (Final) pursuant to the
Tariff Act of 1930 (‘‘the Act’’) to
determine whether 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 of seamless refined
copper pipe and tube from Vietnam,
provided for in subheading 7411.10.10
of the Harmonized Tariff Schedule of
the United States, preliminarily
determined by the Department of
Commerce (‘‘Commerce’’) to be sold at
less-than-fair-value.
DATES
: February 1, 2021.
FOR FURTHER INFORMATION CONTACT
:
Jordan Harriman ((202) 205–2610),
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 (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION
:
Scope.—For purposes of this
investigation, Commerce has defined
the subject merchandise as all seamless
circular refined copper pipes and tubes,
including redraw hollows, greater than
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10995
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
1
For Commerce’s complete scope, see ‘‘Seamless
Refined Copper Pipe and Tube From the Socialist
Republic of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and
Preliminary Negative Determination of Critical
Circumstances,’’ 86 FR 7698, February 1, 2021.
or equal to 6 inches (152.4 mm) in
actual length and measuring less than
12.130 inches (308.102 mm) in actual
outside diameter (OD), regardless of
wall thickness, bore (e.g., smooth,
enhanced with inner grooves or ridges),
manufacturing process (e.g., hot
finished, cold-drawn, annealed), outer
surface (e.g., plain or enhanced with
grooves, ridges, fins, or gills), end finish
(e.g., plain end, swaged end, flared end,
expanded end, crimped end, threaded),
coating (e.g., plastic, paint), insulation,
attachments (e.g., plain, capped,
plugged, with compression or other
fitting), or physical configuration (e.g.,
straight, coiled, bent, wound on spools).
The scope of this investigation covers,
but is not limited to, seamless refined
copper pipe and tube produced or
comparable to the American Society for
Testing and Materials (ASTM) ASTM–
B42, ASTM–B68, ASTM–B75, ASTM–
B88, ASTM–B88M, ASTM–B188,
ASTM–B251, ASTM–B251M, ASTM–
B280, ASTM–B302, ASTM–B306,
ASTM–B359, ASTM–B743, ASTM–
B819, and ASTM–B903 specifications
and meeting the physical parameters
described therein.
1
Background.—The final phase of this
investigation is being scheduled,
pursuant to section 735(b) of the Tariff
Act of 1930 (19 U.S.C. 1673d(b)), as a
result of an affirmative preliminary
determination by Commerce that
imports of seamless refined copper pipe
and tube from Vietnam are being sold in
the United States at less than fair value
within the meaning of § 733 of the Act
(19 U.S.C. 1673b). The investigation was
requested in a petition filed on June 30,
2020, by the American Copper Tube
Coalition, consisting of the Mueller
Group, Collierville, Tennessee, and
Cerro Flow Products, LLC, Sauget,
Illinois.
For further information concerning
the conduct of this phase of the
investigation, hearing procedures, 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 and C (19 CFR part 207).
Participation in the investigation 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 the final phase of this
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§ 201.11 of the Commission’s rules, no
later than 21 days prior to the hearing
date specified in this notice. A party
that filed a notice of appearance during
the preliminary phase of the
investigation need not file an additional
notice of appearance during this final
phase. The Secretary will maintain a
public service list containing the names
and addresses of all persons, or their
representatives, who are parties to the
investigation.
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
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in the
final phase of this investigation
available to authorized applicants under
the APO issued in the investigation,
provided that the application is made
no later than 21 days prior to the
hearing date specified in this notice.
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigation. A party granted access to
BPI in the preliminary phase of the
investigation 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 final phase of this
investigation will be placed in the
nonpublic record on May 27, 2021, and
a public version will be issued
thereafter, pursuant to § 207.22 of the
Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of this investigation beginning at
9:30 a.m. on June 15, 2021. Information
about the place and form of the hearing,
including about how to participate in
and/or view the hearing, will be posted
on the Commission’s website at https://
www.usitc.gov/calendarpad/
calendar.html. Interested parties should
check the Commission’s website
periodically for updates. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before June 8, 2021.
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 participate in a prehearing
conference to be held at 9:30 a.m. on
June 14, 2021. 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
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is June 7, 2021. Parties may also
file written testimony in connection
with their presentation at the hearing, as
provided in § 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is June 22,
2021. In addition, any person who has
not entered an appearance as a party to
the investigation may submit a written
statement of information pertinent to
the subject of the investigation,
including statements of support or
opposition to the petition, on or before
June 22, 2021. On July 13, 2021, 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 July 15, 2021, but such final
comments must not contain new factual
information and must otherwise comply
with § 207.30 of the Commission’s rules.
All written submissions must conform
with the provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 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 § 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.
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10996
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
In accordance with §§ 201.16(c) and
207.3 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 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 investigation is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to § 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: February 18, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–03678 Filed 2–22–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Certification Process for the
Temporary Employment of Aliens in
Agriculture in the United States: 2021
Adverse Effect Wage Rates for Non-
Range Occupations
AGENCY
: Employment and Training
Administration (ETA), Labor.
ACTION
: Notice.
SUMMARY
: The Employment and
Training Administration (ETA) of the
Department of Labor (Department) is
issuing this notice to announce the 2021
Adverse Effect Wage Rates (AEWR) for
the employment of temporary or
seasonal nonimmigrant foreign workers
(H–2A workers) to perform agricultural
labor or services other than the herding
or production of livestock on the range.
AEWRs are the minimum wage rates the
Department has determined must be
offered and paid by employers to H–2A
workers and workers in corresponding
employment for a particular occupation
and area so that the wages and working
conditions of similarly employed
workers in the United States will not be
adversely affected. In this notice, the
Department announces updates of the
AEWRs, which are effective
immediately pursuant to a recent federal
court order. Supplemental Order
Regarding Preliminary Injunctive Relief,
United Farm Workers, et al. v. U.S.
Dep’t of Labor, et al., No. 20–cv–1690
(E.D. Cal. Jan. 12, 2021), ECF No. 39.
DATES
: These rates are applicable
February 23, 2021.
FOR FURTHER INFORMATION CONTACT
:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification,
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW,
Room N–5311, Washington, DC 20210,
telephone: (202) 693–8200 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone numbers above via
TTY/TDD by calling the toll-free Federal
Information Relay Service at 1 (877)
889–5627.
SUPPLEMENTARY INFORMATION
: The U.S.
Citizenship and Immigration Services of
the Department of Homeland Security
will not approve an employer’s petition
for the admission of H–2A
nonimmigrant temporary and seasonal
agricultural workers in the United States
unless the petitioner has received an
H–2A labor certification from the
Department. The labor certification
provides that: (1) There are not
sufficient U.S. workers who are able,
willing, and qualified and who will be
available at the time and place needed
to perform the labor or services involved
in the petition; and (2) the employment
of the foreign worker(s) in such labor or
services will not adversely affect the
wages and working conditions of
workers in the United States similarly
employed. 8 U.S.C. 1101(a)(15)(H)(ii)(a),
1184(c)(1), and 1188(a); 8 CFR
214.2(h)(5); 20 CFR 655.100.
Adverse Effect Wage Rates for 2021
The Department’s H–2A regulations at
20 CFR 655.122(l) provide that
employers must pay their H–2A workers
and workers in corresponding
employment at least the highest of: (i)
The AEWR; (ii) the prevailing hourly
wage rate; (iii) the prevailing piece rate;
(iv) the agreed-upon collective
bargaining wage rate; or (v) the federal
or state minimum wage rate in effect at
the time the work is performed. Further,
when the AEWR is adjusted during a
work contract and is higher than the
highest of the previous AEWR, the
prevailing rate, the agreed-upon
collective bargaining wage, the Federal
minimum wage rate, or the state
minimum wage rate, the employer must
pay that adjusted AEWR upon the
effective date of the new rate, as
provided in the applicable Federal
Register Notice. See 20 CFR 655.122(l)
(requiring the applicable AEWR or other
wage rate to be paid based on the AEWR
or rate in effect ‘‘at the time work is
performed’’).
On November 5, 2020, the Department
published a final rule, Adverse Effect
Wage Rate Methodology for the
Temporary Employment of H–2A
Nonimmigrants in Non-Range
Occupations in the United States, 85 FR
70445 (2020 AEWR final rule), to
establish a new methodology for setting
hourly AEWRs, effective December 21,
2020. On December 23, 2020, the U.S.
District Court for the Eastern District of
California issued an order enjoining the
Department from implementing the
2020 AEWR final rule and ordering the
Department to operate under the 2010
rule, Temporary Agricultural
Employment of H–2A Aliens in the
United States, 75 FR 6884 (Feb. 12,
2010). Order Granting Plaintiffs’ Motion
for a Preliminary Injunction, United
Farm Workers, et al. v. U.S. Dep’t of
Labor, et al., No. 20–cv–1690 (E.D. Cal.),
ECF No. 37. On January 12, 2021, the
district court issued a supplemental
order requiring the Department to
publish the AEWRs for 2021 in the
Federal Register on or before February
25, 2021, using the methodology set
forth in the 2010 rule, and to make those
AEWRs effective upon their publication.
Supplemental Order Regarding
Preliminary Injunctive Relief, United
Farm Workers, et al. v. U.S. Dep’t of
Labor, et al., No. 20–cv–1690 (E.D. Cal.),
ECF No. 39. Pursuant to the district
court’s supplemental order, the
Department notified state workforce
agencies (SWAs), employers, and the
general public that the AEWRs in effect
on December 20, 2020, remained in
effect during the interim period until
the Department published this update of
the AEWRs for 2021 in the Federal
Register. See, e.g., Announcements,
OFLC Announces Updates to
Implementation of the H–2A Adverse
Effect Wage Rate Methodology for Non-
Range Occupations Final Rule;
Compliance with District Court Order
(Jan. 15, 2021), available at https://
www.dol.gov/agencies/eta/foreign-labor/
news. As reflected in the Department’s
announcement on the OFLC website at
https://www.dol.gov/agencies/eta/
foreign-labor/news, the district court’s
supplemental order also reserved
decision on whether an award of
backpay to affected H–2A workers may
be warranted based on the difference, if
any, between the applicable 2020
AEWRs and the 2021 AEWRs
announced in this notice.
Accordingly, the 2021 AEWRs for all
agricultural employment (except for the
herding or production of livestock on
the range, which is covered by 20 CFR
655.200–235) for which temporary H–
2A certification is being sought is equal
to the annual weighted average hourly
wage rate for field and livestock workers
(combined) in the state or region as
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