[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10070-10071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5413]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-746 (Final)]
Beryllium Metal and High-Beryllium Alloys From Kazakstan
Determination
On the basis of the record 1 developed in the subject
investigation, the United States International Trade Commission
determines,2 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 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 Kazakstan of beryllium metal and
high-beryllium alloys,3 that
[[Page 10071]]
have been found by the Department of Commerce to be sold in the United
States at less than fair value (LTFV).
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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 207.2(f)).
\2\ Chairman Miller dissenting.
\3\ The imported products subject to this investigation, as
defined by the U.S. Department of Commerce, are beryllium metal and
high-beryllium alloys with a beryllium content equal to or greater
than 30 percent by weight, whether in ingot, billet, powder, block,
lump, chunk, blank, or other semifinished form. These are
intermediate or semifinished products that require further
machining, casting, and/or fabricating into sheet, extrusions,
forgings, or other shapes in order to meet the specifications of the
end user. Beryllium metal and high-beryllium alloys in which
beryllium predominates over all other metals are provided for in
subheadings 8112.11.30 and 8112.11.60 of the Harmonized Tariff
Schedules of the United States (HTS). High-beryllium alloys in which
beryllium does not predominate are provided for elsewhere in the
HTS; e.g., high-beryllium alloys in which aluminum predominates are
provided for in HTS subheading 7601.20.90. Although the HTS
subheadings are provided for convenience and Customs purposes, the
written description of the scope of this investigation is
dispositive.
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Background
The Commission instituted this investigation effective March 14,
1996, following receipt of a petition filed with the Commission and the
Department of Commerce by Brush Wellman, Cleveland, OH. The final phase
of the investigation was scheduled by the Commission following
notification of a preliminary determination by the Department of
Commerce that imports of beryllium metal and high-beryllium alloys from
Kazakstan were being sold at LTFV within the meaning of section 733(b)
of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the
Commission's investigation 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
September 19, 1996 (61 FR 49341). The hearing was held in Washington,
DC, on January 22, 1997, and all persons who requested the opportunity
were permitted to appear in person or by counsel.
The Commission transmitted its determination in this investigation
to the Secretary of Commerce on February 24, 1997. The views of the
Commission are contained in USITC Publication 3019 (February 1997),
entitled ``Beryllium Metal and High-Beryllium Alloys from Kazakstan:
Investigation No. 731-TA-746 (Final).''
Issued: February 27, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-5413 Filed 3-4-97; 8:45 am]
BILLING CODE 7020-02-P
