[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Pages 49341-49342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24022]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-746 (Final)]
Beryllium Metal and High-Beryllium Alloys From Kazakstan
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-746 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act)
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
less-than-fair-value imports from Kazakstan of beryllium metal and
high-beryllium alloys.1
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\1\ The imported products covered by this investigation consist
of 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 alloys in which
beryllium predominates by weight are provided for in subheadings
8112.11.30 and 8112.11.60 of the Harmonized Tariff Schedule of the
United States (HTS). Other alloys containing beryllium are provided
for elsewhere in the HTS--e.g., aluminum-beryllium alloys are
provided for in HTS subheading 7601.20.90. In its notice, Commerce
stated ``[a]lthough the HTS subheading is provided for convenience
and customs purposes, our written description of the scope of this
investigation is dispositive.''
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[[Page 49342]]
For further information concerning the conduct of this phase of the
investigation, 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
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(19 CFR part 207), as amended by 61 FR 37818, July 22, 1996.
EFFECTIVE DATE: August 26, 1996.
FOR FURTHER INFORMATION CONTACT: Bonnie Noreen (202-205-3167), 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 or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.--The final phase of this investigation is being
scheduled as a result of an affirmative preliminary determination by
the Department of Commerce that imports of beryllium metal and high-
beryllium alloys from Kazakstan are being, or are likely to be, 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 investigation was requested in a
petition filed on March 14, 1996, by Brush Wellman Inc., Cleveland, OH.
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 this
investigation 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 investigation 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
investigation.
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 this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation 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
this investigation will be placed in the nonpublic record on January 6,
1997, 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 this investigation beginning at 9:30 a.m. on January 22,
1997, 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 January 13, 1997. 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 January 16, 1997, 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 January 14, 1997. 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 January 28, 1997; 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 investigation may submit a
written statement of information pertinent to the subject of the
investigations on or before January 28, 1997. On February 7, 1997, 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 February 11, 1997, 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.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (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: This investigation is 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.
Issued: September 13, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-24022 Filed 9-18-96; 8:45 am]
BILLING CODE 7020-02-P
