[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47865-47866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22795]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 303-TA-23, 731-TA-566-570, and 731-TA-641
(Reconsideration) and Investigations Nos. 751-TA-21-27]
Ferrosilicon From Brazil, China, Kazakhstan, Russia, Ukraine, and
Venezuela
Determinations
On the basis of the record 1 developed in these
investigations, the United States International Trade Commission
determines, upon reconsideration, 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 Brazil, China, Kazakhstan, Russia,
Ukraine, and Venezuela of ferrosilicon, provided for in subheadings
7202.21.10, 7202.21.50, 7202.21.75, 7202.21.90, and 7202.29.00 of the
Harmonized Tariff Schedule of the United States, that have been found
[[Page 47866]]
by the Department of Commerce to be subsidized by the Government of
Venezuela and 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 Sec. 207.2(f)).
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The Commission's determinations in the reconsideration proceedings
render the changed circumstances investigations that relate to the
original determinations moot. Accordingly, the United States
International Trade Commission hereby terminates investigations Nos.
751-TA-21-27 concerning ferrosilicon from Brazil, China, Kazakhstan,
Russia, Ukraine, and Venezuela.
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) 2 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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\2\ 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,3 the Commission published a notice in the
Federal Register on May 20, 1998,4 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.5 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.
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\3\ 19 CFR 207.45(b).
\4\ 63 FR 27747.
\5\ See 63 FR 40314-15.
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On May 21, 1999, the Commission suspended investigations Nos. 751-
TA-21-27, and instituted proceedings to 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.6
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\6\ 64 FR 28212, May 25, 1999. Chairman Bragg dissenting.
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The Commission transmitted its determination in these
investigations to the Secretary of Commerce on August 24, 1999. The
views of the Commission are contained in USITC Publication 3218 (August
1999), entitled Ferrosilicon from Brazil, China, Kazakhstan, Russia,
Ukraine, and Venezuela: Investigations Nos. 303-TA-23, 731-TA-566-570,
and 731-TA-641 (Reconsideration).
By order of the Commission.
Issued: August 25, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-22795 Filed 8-31-99; 8:45 am]
BILLING CODE 3510-DS-P
