[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