[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64275-64276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30887]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. AA1921-127 (Review)]
Elemental Sulphur from Canada
AGENCY: United States International Trade Commission.
ACTION: Scheduling of an expedited five-year review concerning the
antidumping duty order on elemental sulphur from Canada.
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SUMMARY: The Commission hereby gives notice of the scheduling of an
expedited review pursuant to section 751(c)(3) of the Tariff Act of
1930 (19 U.S.C. Sec. 1675(c)(3)) (the Act) to determine whether
revocation of the antidumping duty order on elemental sulphur from
Canada would be likely to lead to continuation or recurrence of
material injury. For further information concerning the conduct of this
review 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, D, E, and F (19 CFR part 207). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 F.R. 30599, June 5, 1998, and may be downloaded from
the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: November 5, 1998.
FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), 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).
SUPPLEMENTARY INFORMATION
Background
On November 5, 1998, the Commission determined that both domestic
and respondent interested party responses to its notice of institution
(63 F.R. 41280, August 3, 1998) of the subject five-year review were
inadequate.1 The Commission
[[Page 64276]]
concluded that the domestic interested party group response was
inadequate because the sole response by a domestic interested party,
although individually adequate, accounted for a low share of domestic
sulphur production, and therefore did not represent a sufficient
willingness among domestic interested parties to participate in this
review and an adequate indication that they will submit information
requested throughout the proceeding. We note that recovered sulphur now
accounts for most of domestic sulphur production, but that no recovered
sulphur producers responded to the notice of institution. The
Commission concluded that the respondent interested party group
response was inadequate because the sole response by a respondent
interested party, although individually adequate, accounted for a low
share of subject imports and a low share of foreign production, and
therefore did not represent a sufficient willingness among respondent
interested parties to participate in this review and an adequate
indication that they will submit information requested throughout the
proceeding. The Commission did not find any other circumstances that
would warrant conducting a full review. Accordingly, the Commission
determined that it would conduct an expedited review pursuant to
section 751(c)(3) of the Act. A record of the Commissioners' votes and
the statement of Chairman Bragg are available from the Office of the
Secretary and at the Commission's web site.
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\1\ Chairman Bragg and Commissioner Koplan dissenting.
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Staff Report
A staff report containing information concerning the subject matter
of the review will be placed in the nonpublic record on December 3,
1998, 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 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
December 8, 1998, 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
December 8, 1998. 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.
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\2\ The Commission has found responses submitted by Freeport-
McMoRan Sulphur Inc. and Husky Oil Ltd. to be adequate. Comments
from other interested parties will not be accepted (see 19 CFR
207.62(d)(2)).
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In accordance with sections 201.16c 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.
Determination
The Commission has determined to extend the period of time for
making its expedited determination in this review by up to 90 days
pursuant to 19 U.S.C. Sec. 1675(c)(5)(B).
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: November 13, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-30887 Filed 11-18-98; 8:45 am]
BILLING CODE 7020-02-P
