[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31353]


[[Page Unknown]]

[Federal Register: December 21, 1994]


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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-671-674 (Final)]

 

Silicomanganese From Brazil, the People's Republic of China, 
Ukraine, and Venezuela

Determinations

    On the basis of the record\1\ developed in the subject 
investigations, the Commission determines, pursuant to section 735(b) 
of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an 
industry in the United States is materially injured or threatened with 
material injury by reason of imports from Brazil,\2\ the People's 
Republic of China,\3\ and Ukraine,\4\ and 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 Venezuela\5\ of 
silicomanganese, provided for in subheadings 7202.30.00 and 7202.99.50 
of the Harmonized Tariff Schedule of the United States, that have been 
found by the Department of Commerce to be sold in the United States at 
less than fair value (LTFV).\6\
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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)).
    \2\Commissioners Rohr and Newquist determine that an industry in 
the United States is materially injured, and Chairman Watson 
determines that an industry in the United States is threatened with 
material injury, by reason of LTFV imports of silicomanganese from 
Brazil. Vice Chairman Nuzum and Commissioners Crawford and Bragg 
dissenting.
    \3\Chairman Watson, Vice Chairman Nuzum, and Commissioner Bragg 
determine that an industry in the United States is threatened with 
material injury, and Commissioners Rohr and Newquist determine that 
an industry in the United States is materially injured, by reason of 
LTFV imports of silicomanganese from the People's Republic of China. 
Commissioner Crawford dissenting.
    \4\Commissioners Rohr and Newquist determine that an industry in 
the United States is materially injured, and Vice Chairman Nuzum 
determines that an industry in the United States is threatened with 
material injury, by reason of LTFV imports of silicomanganese from 
Ukraine. Chairman Watson and Commissioners Crawford and Bragg 
dissenting.
    \5\Commissioners Rohr and Newquist dissenting.
    \6\At the Commission's briefing and vote on these 
investigations, Commissioner Rohr and Commissioner Newquist each 
announced an affirmative finding pursuant to 19 U.S.C. 
Sec. 1673d(b)(4)(A) with respect to LTFV imports from Ukraine. The 
affirmative findings were based on information that certain imports 
would be encompassed in the period of retroactive application of 
antidumping duties, subsequently found to be erroneous due to an 
incorrect calculation of such period. Commissioner Rohr and 
Commissioner Newquist therefore make a negative finding pursuant to 
19 U.S.C. 1673d(b)(4)(A) with respect to imports from Ukraine.
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Background

    The Commission instituted these investigations effective June 16, 
1994, following preliminary determinations by the Department of 
Commerce that imports of silicomanganese from Brazil, the People's 
Republic of China, Ukraine, and Venezuela were being sold at LTFV 
within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). 
Notice of the institution of the Commission's investigations and of a 
public hearing to be held in connection therewith was given by posting 
copies of the notice in the Office of the Secretary, U.S. International 
Trade Commission, Washington, DC, and by publishing the notice in the 
Federal Register of July 15, 1994 (59 FR 36212). The hearing was held 
in Washington, DC, on November 3, 1994, and all persons who requested 
the opportunity were permitted to appear in person or by counsel. On 
November 30, 1994, the Department of Commerce notified the Commission 
that it had suspended its investigation on silicomanganese from 
Ukraine, and on December 2, 1994, the Department of Commerce notified 
the Commission that it had continued its investigation on 
silicomanganese from Ukraine. Accordingly, pursuant to section 207.42 
of the Commission's Rules of Practice and Procedure (19 C.F.R. 207.42), 
the Commission continued its investigation on silicomanganese from 
Ukraine.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on December 14, 1994. The 
views of the Commission are contained in USITC Publication 2836 
(December 1994), entitled Silicomanganese from Brazil, the People's 
Republic of China, Ukraine, and Venezuela: Investigations Nos. 731-TA-
671-674 (Final).

    Issued: December 16, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-31353 Filed 12-20-94; 8:45 am]
BILLING CODE 7020-02-P