[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13903]
[[Page Unknown]]
[Federal Register: June 8, 1994]
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INTERNATIONAL TRADE COMMISSION
Iron Construction Castings From Canada; Request for Comments
Concerning the Institution of a Section 751(b) Review Investigation
AGENCY: International Trade Commission.
ACTION: Request for comments regarding the institution of a section
751(b) review investigation concerning the Commission's affirmative
determination in investigation No. 731-TA-263 (Final), Iron
Construction Castings from Canada.
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SUMMARY: The Commission invites comments from the public on whether
changed circumstances exist sufficient to warrant the institution of an
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19
U.S.C. 1675(b)) (the Act) to review the Commission's affirmative
determination in the above investigation. The purpose of the proposed
review investigation is to determine whether an industry in the United
States would be materially injured, or would be threatened with
material injury, or the establishment of an industry in the United
States would be materially retarded, by reason of imports of iron
construction castings from Canada if the existing antidumping order on
such merchandise were to be modified or revoked. Iron construction
castings are provided for in subheading 7325.10.00 of the Harmonized
Tariff Schedule of the United States.
FOR FURTHER INFORMATION CONTACT: 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. Information can also be
obtained by calling the Office of Investigations' remote bulletin board
system for personal computers at 202-205-1895 (N,8,1).
SUPPLEMENTARY INFORMATION:
Background
On March 5, 1986, the Commission issued an affirmative injury
determination with respect to iron construction castings in
investigation No. 731-TA-263 (Final), Iron Construction Castings from
Canada (51 FR 7646), following the U.S. Department of Commerce's final
determination that imports of such merchandise were being sold at less
than fair value (LTFV) (51 FR 2412, January 16, 1986). The Commission's
determination was based on a cumulative assessment of imports from
Canada with imports from Brazil, the People's Republic of China
(China), and India, which Commerce also determined were being sold at
LTFV (51 F.R. 9477, March 19, 1986). Commerce issued antidumping orders
for all four countries.
On May 20, 1994, the Commission received a petition to review its
final injury determination with respect to Canada in the light of
changed circumstances, pursuant to section 751(b) of the Trade Act of
1930. The petition was filed by counsel on behalf of Associated
Foundry, Ltd.; Laperle Foundry Division of Fonderies Bibby-Ste-Croix;
Fonderies Bibby-Ste-Croix, Inc.; and Titan Foundry, Ltd.--producers of
the subject products in Canada. The alleged changed circumstances
include: (1) An exclusion of foreign producers from an estimated 60-75
percent of the market due to a 1991 extension of Buy America provisions
to iron products used in highway construction; (2) an exclusion of
foreign producers from an additional 2 percent of the market due to a
1992 extension of Buy America provisions to iron products used in
airport and airway construction; and (3) an effective exclusion of
foreign producers from an estimated 12 percent of the market for heavy
iron castings due to Customs' enforcement of a 1984 statute that
requires the country of origin to appear boldly on the top surface of
manhole covers that show the name of a U.S. location, thus increasing
the cost of foreign-produced covers, making them less price
competitive, and discouraging purchases by local and municipal
governments that do not wish to so boldly advertise the purchase of a
foreign-produced product. The petitioners maintain that with such a
substantial portion of the United States market ``closed'' to Canadian
producers, domestic producers are effectively protected from injury and
would continue to be protected if the order for Canada were to be
revoked.
Because the alleged changed circumstances relate to the domestic
industry and are not limited to imports from Canada, submissions should
also address the possibility of reviewing outstanding orders on imports
from other countries. Also at issue is the subject of cumulation and
whether the Commission should cumulate imports from Canada with those
from Brazil, China, and/or India in any review investigation.
Written Comments Requested
Pursuant to Sec. 207.45(b)(2) of the Commission's rules of practice
and procedure (19 CFR 207.45(b)(2)), the Commission requests comments
concerning whether the alleged changed circumstances are sufficient to
warrant institution of a review investigation.
Written Submissions
In accordance with Sec. 201.8 of the Commission's rules (19 CFR
201.8), the signed original and 14 copies of all written submissions
must be filed with the Secretary to the Commission, 500 E Street, SW.,
Washington, DC 20436. All comments must be filed no later than 30 days
after the date of publication of this notice in the Federal Register.
The Commission's determination regarding initiation of a review is due
within 30 days of the close of the comment period. Any person desiring
to submit a document (or portion thereof) to the Commission in
confidence must request business confidential treatment under
Sec. 201.6 of the Commission's rules (19 CFR 201.6). Such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. Each sheet must be clearly marked at the top ``Confidential
Business Information.'' The Commission will either accept the
submission in confidence or return it. All nonconfidential written
submissions will be available for public inspection in the Office of
the Secretary.
Copies of the request for review of the injury determination and
any other documents in this matter are available for public inspection
during regular business hours (8:45 a.m. to 5:15 p.m.) in the Office of
the Secretary to the Commission; telephone 202-205-2000.
Issued: June 3, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-13903 Filed 6-7-94; 8:45 am]
BILLING CODE 7020-02-P
