[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31353]
[[Page Unknown]]
[Federal Register: December 21, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-671-674 (Final)]
Silicomanganese From Brazil, the People's Republic of China,
Ukraine, and Venezuela
Determinations
On the basis of the record\1\ developed in the subject
investigations, the Commission determines, pursuant to section 735(b)
of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an
industry in the United States is materially injured or threatened with
material injury by reason of imports from Brazil,\2\ the People's
Republic of China,\3\ and Ukraine,\4\ and that an industry in the
United States is not materially injured or threatened with material
injury, and the establishment of an industry in the United States is
not materially retarded, by reason of imports from Venezuela\5\ of
silicomanganese, provided for in subheadings 7202.30.00 and 7202.99.50
of the Harmonized Tariff Schedule of the United States, that have been
found by the Department of Commerce to be sold in the United States at
less than fair value (LTFV).\6\
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\1\The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
\2\Commissioners Rohr and Newquist determine that an industry in
the United States is materially injured, and Chairman Watson
determines that an industry in the United States is threatened with
material injury, by reason of LTFV imports of silicomanganese from
Brazil. Vice Chairman Nuzum and Commissioners Crawford and Bragg
dissenting.
\3\Chairman Watson, Vice Chairman Nuzum, and Commissioner Bragg
determine that an industry in the United States is threatened with
material injury, and Commissioners Rohr and Newquist determine that
an industry in the United States is materially injured, by reason of
LTFV imports of silicomanganese from the People's Republic of China.
Commissioner Crawford dissenting.
\4\Commissioners Rohr and Newquist determine that an industry in
the United States is materially injured, and Vice Chairman Nuzum
determines that an industry in the United States is threatened with
material injury, by reason of LTFV imports of silicomanganese from
Ukraine. Chairman Watson and Commissioners Crawford and Bragg
dissenting.
\5\Commissioners Rohr and Newquist dissenting.
\6\At the Commission's briefing and vote on these
investigations, Commissioner Rohr and Commissioner Newquist each
announced an affirmative finding pursuant to 19 U.S.C.
Sec. 1673d(b)(4)(A) with respect to LTFV imports from Ukraine. The
affirmative findings were based on information that certain imports
would be encompassed in the period of retroactive application of
antidumping duties, subsequently found to be erroneous due to an
incorrect calculation of such period. Commissioner Rohr and
Commissioner Newquist therefore make a negative finding pursuant to
19 U.S.C. 1673d(b)(4)(A) with respect to imports from Ukraine.
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Background
The Commission instituted these investigations effective June 16,
1994, following preliminary determinations by the Department of
Commerce that imports of silicomanganese from Brazil, the People's
Republic of China, Ukraine, and Venezuela were being sold at LTFV
within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)).
Notice of the institution of the Commission's investigations and of a
public hearing to be held in connection therewith was given by posting
copies of the notice in the Office of the Secretary, U.S. International
Trade Commission, Washington, DC, and by publishing the notice in the
Federal Register of July 15, 1994 (59 FR 36212). The hearing was held
in Washington, DC, on November 3, 1994, and all persons who requested
the opportunity were permitted to appear in person or by counsel. On
November 30, 1994, the Department of Commerce notified the Commission
that it had suspended its investigation on silicomanganese from
Ukraine, and on December 2, 1994, the Department of Commerce notified
the Commission that it had continued its investigation on
silicomanganese from Ukraine. Accordingly, pursuant to section 207.42
of the Commission's Rules of Practice and Procedure (19 C.F.R. 207.42),
the Commission continued its investigation on silicomanganese from
Ukraine.
The Commission transmitted its determinations in these
investigations to the Secretary of Commerce on December 14, 1994. The
views of the Commission are contained in USITC Publication 2836
(December 1994), entitled Silicomanganese from Brazil, the People's
Republic of China, Ukraine, and Venezuela: Investigations Nos. 731-TA-
671-674 (Final).
Issued: December 16, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-31353 Filed 12-20-94; 8:45 am]
BILLING CODE 7020-02-P
