[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Notices]
[Pages 28212-28213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13387]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 751-TA-21-27 and 303-TA-23, 731-TA-566-570, and
731-TA-641 (Reconsideration)]
Ferrosilicon From Brazil, China, Kazakhstan, Russia, Ukraine, and
Venezuela
AGENCY: United States International Trade Commission.
ACTION: Suspension of review investigations Nos. 751-TA-21-27 and
institution of proceedings to reconsider the Commission's affirmative
determinations in countervailing duty investigation No. 303-TA-23
(Final) concerning ferrosilicon from Venezuela, and antidumping
investigations Nos. 731-TA-566-570 and 641 (Final) concerning
ferrosilicon from Brazil, China, Kazakhstan, Russia, Ukraine, and
Venezuela.
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SUMMARY: The Commission hereby gives notice that it has suspended the
subject investigations under section 751(b) of the Tariff Act of 1930
(19 U.S.C. 1675(b)) (the Act) and is instituting proceedings in which
it will reconsider its determinations in countervailing duty
investigation No. 303-TA-23 (Final) concerning ferrosilicon from
Venezuela, and antidumping investigations Nos. 731-TA-566-570 and 731-
TA-641 (Final) concerning ferrosilicon from Brazil, China, Kazakhstan,
Russia, Ukraine, and Venezuela.
For further information concerning the conduct of this
reconsideration 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, C, and D (19 CFR
part 207).
EFFECTIVE DATE: May 21, 1999.
FOR FURTHER INFORMATION CONTACT: Fred Fischer (202-205-3179) or Vera
Libeau (202-205-3176), 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 April 24, 1998, the Commission received a request to review its
affirmative determination as it applied to imports of ferrosilicon from
Brazil (the request) 1 in light of changed circumstances,
pursuant to section 751(b) of the Act. The request was filed by counsel
on behalf of Associacao Brasileira dos Productores de Ferroligas e de
Silicio Metalico (ABRAFE), Companhia Brasileira Carbureto de Calcio
(CBCC), Companhia de Ferroligas de Bahia (FERBASA), Nova Era Silicon S/
A, Italmagnesio S/A-Industria e Comercio, Rima Industrial S/A, and
Companhia Ferroligas Minas Gerais (Minasligas).
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\1\ The request concerned only imports from Brazil. However, as
the alleged changed circumstances predominantly relate to the
domestic industry, the Commission solicited comments on the
possibility of self-initiating reviews of the outstanding orders on
imports from China, Kazakhstan, Russia, Ukraine, and Venezuela.
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Pursuant to section 207.45(b) of the Commission's Rules of Practice
and Procedure (19 CFR 207.45(b)), the Commission published a notice in
the Federal Register on May 20, 1998 (63 FR 27747), requesting comments
as to whether the alleged changed circumstances warranted the
institution of review investigations. The Commission received comments
in support of the request from C.V.G. Venezolana de Ferrosilicio C.A.
(Fesilven), a Venezuelan producer of ferrosilicon; General Motors
Corp., a purchaser of ferrosilicon; and the Governments of Brazil and
Kazakhstan. Comments in opposition to the request were received from
counsel on behalf of AIMCOR, American Alloys, Inc., Elkem Metals Co.,
and SKW Metals & Alloys, Inc., U.S. producers of ferrosilicon. After
reviewing these comments, the Commission determined on July 28, 1998,
that certain of the alleged changed circumstances were sufficient to
warrant review investigations. See 63 FR 40314-15. Among the issues
that were briefed by the parties to the investigations was the fact
that, between 1995 and 1997, two members of the domestic industry
pleaded guilty to conspiring to fix prices of commodity ferrosilicon
products during the periods of the Commission's original
investigations, and a third member, and an officer of that member, were
convicted of conspiring to fix prices of commodity ferrosilicon
products during the periods of the Commission's original
investigations. The Commission has now decided to suspend the section
751(b) reviews and reconsider the original determinations.
Participation in the reconsideration and public service list:
Parties who have
[[Page 28213]]
entered appearances in the section 751(b) reviews do not have to enter
new appearances in this reconsideration in order to participate. Other
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 reconsideration
proceedings as parties must file an entry of appearance with the
Secretary to the Commission no later than 21 days after publication of
this notice in the Federal Register. The Secretary will maintain a
public service list containing the names and addresses of all persons,
or their representatives, who are parties to the reconsideration
proceedings.
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 these reconsideration proceedings available to
authorized applicants under the APO issued in these reconsideration
proceedings, provided that the application is made no later than 21
days after publication of this notice in the Federal Register.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9). A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Individuals subject to the APO in the section 751(b) reviews need not
submit new applications for access to BPI in the reconsideration
proceedings.
Written submissions: The record of the section 751(b) reviews will
be incorporated into the record of these reconsideration proceedings.
Each party can submit comments, including new factual information, to
the Commission. Comments must be limited to the issues of (a) the
price-fixing conspiracy, or other anticompetitive conduct relating to
the original periods of investigation, and (b) any possible material
misrepresentations or material omissions, by any entity that provided
information or argument in the original investigations, concerning: (1)
the conspiracy or other anticompetitive conduct or (2) any other
matter. Comments must conform with the relevant provisions of section
207.23 of the Commission's rules and the deadline for filing is June
23, 1999. Parties may submit rebuttal comments, which may include new
factual information, by July 7, 1999. Rebuttal comments shall be
limited to the same issues as the opening comments. In addition, any
person who has not entered an appearance as a party to the
reconsideration proceedings may submit a brief written statement of
information pertinent to the subject of the reconsideration proceedings
on or before June 23, 1999. On July 12, 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 July 16, 1999, but such final comments must
not contain new factual information and must otherwise comply with the
requirements stated in 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 reconsideration
proceedings must be served on all other parties to the reconsideration
proceedings (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 reconsideration proceedings are being conducted
under authority of title VII of the Tariff Act of 1930; this notice
is published pursuant to sections 201.10 and 207.45 of the
Commission's rules.
Issued: May 21, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-13387 Filed 5-24-99; 8:45 am]
BILLING CODE 7020-02-P
