[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67918-67920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32678]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-376-379 (Final) and 731-TA-788-793 (Final)]
Certain Stainless Steel Plate From Belgium, Canada, Italy, The
Republic of Korea, South Africa, and Taiwan
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigations Nos. 701-TA-376, 377,
and 379 (Final) under section 705(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)) (the Act) and the final phase of antidumping
investigations Nos. 731-TA-788-793 (Final) under section 735(b) of the
Act (19 U.S.C. 1673d(b)) 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 subsidized imports from Belgium, Italy, and
South Africa and by reason of less-than-fair-value imports from
Belgium, Canada, Italy, the Republic of Korea (Korea), South Africa,
and Taiwan of certain stainless steel plate in coils, provided for in
subheadings 7219.11.00, 7219.12.00, 7219.31.00, 7219.90.00, 7220.11.00,
7220.20.10, 7220.20.60, and 7220.90.00 of the Harmonized Tariff
Schedule of the United States.1 Section 207.21(b) of
[[Page 67919]]
the Commission's rules provides that, where the Department of Commerce
has issued a negative preliminary determination, the Commission will
not publish a notice of scheduling of the final phase of its
investigation unless and until it receives an affirmative final
determination from Commerce. Although the Department of Commerce has
preliminarily determined that countervailable subsidies are not being
provided to producers and exporters of certain stainless steel plate in
coils from Korea, for purposes of efficiency the Commission hereby
waives rule 207.21(b) and gives notice of the scheduling of the final
phase of countervailing duty investigation No. 701-TA-378 (Final) under
section 705(b) of the Act. The Commission is taking this action so that
the final phases of the countervailing duty and antidumping
investigations may proceed concurrently in the event that Commerce
makes an affirmative final countervailing duty determination with
respect to Korea. If Commerce makes a final negative countervailing
duty determination with respect to Korea, the Commission will terminate
its countervailing duty investigation under section 705(c)(2) of the
Act (19 U.S.C. 1671d(c)(2)), and section 207.21(d) of the Commission's
rules.
---------------------------------------------------------------------------
\1\ For purposes of these investigations, Commerce has defined
the subject merchandise as certain stainless steel plate in coils.
Stainless steel is an alloy steel containing, by weight, 1.2 percent
or less of carbon and 10.5 percent or more of chromium, with or
without other elements. The subject plate products are flat-rolled
products, 254 mm or over in width and 4.75 mm or more in thickness,
in coils, and annealed or otherwise heat treated and pickled or
otherwise descaled. The subject plate may also be further processed
(e.g., cold-rolled, polished, etc.), provided that it maintains the
specified dimensions of plate following such processing. Excluded
from the scope of these investigations are the following: (1) plate
not in coils, (2) plate that is not annealed or otherwise heat
treated and pickled or otherwise descaled, (3) sheet and strip, and
(4) flat bars.
---------------------------------------------------------------------------
For further information concerning the conduct of this phase of the
investigations, hearing procedures, 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 C
(19 CFR part 207).
EFFECTIVE DATE: November 4, 1998.
FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188),
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
The final phase of these investigations is being scheduled as a
result of affirmative preliminary determinations by the Department of
Commerce that certain benefits which constitute subsidies within the
meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided
to manufacturers, producers, or exporters in Belgium, Italy, and South
Africa of certain stainless steel plate in coils, and that such imports
from Belgium, Canada, Italy, Korea, South Africa, and Taiwan are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The final phase of the
countervailing duty investigation with respect to Korea is being
scheduled, under waiver of section 207.21(b), discussed above, for
purposes of efficiency. The investigations were requested in petitions
filed on March 31, 1998, by Armco, Inc., Pittsburgh, PA; J&L Specialty
Steel, Inc., Pittsburgh, PA; Lukens, Inc., Coatesville, PA; North
American Stainless, Ghent, KY; and the United Steelworkers of America,
AFL-CIO/CLC.
Participation in the Investigations 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 these
investigations 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, 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 investigations 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
investigations.
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 the final phase of these
investigations available to authorized applicants under the APO issued
in the investigations, 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 investigations. A party
granted access to BPI in the preliminary phase of the investigations
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 these
investigations will be placed in the nonpublic record on March 9, 1999,
and a public version will be issued thereafter, pursuant to section
207.22 of the Commission's rules.
Hearing
The Commission will hold a hearing in connection with the final
phase of these investigations beginning at 9:30 a.m. on March 23, 1999,
at the U.S. International Trade Commission Building. Requests to appear
at the hearing should be filed in writing with the Secretary to the
Commission on or before March 16, 1999. 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 March 18,
1999, at the U.S. International Trade Commission Building. 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 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 section 207.23 of the Commission's rules; the deadline
for filing is March 16, 1999. Parties may also file written testimony
in connection with their presentation at the hearing, as provided in
section 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 March 29, 1999;
witness testimony must be filed no later than three days before the
hearing. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the
[[Page 67920]]
investigations on or before March 29, 1999. On April 16, 1999, 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 20, 1999, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 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 rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the 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 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 1, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-32678 Filed 12-8-98; 8:45 am]
BILLING CODE 7020-02-P
