[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64275-64276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30887]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. AA1921-127 (Review)]


Elemental Sulphur from Canada

AGENCY: United States International Trade Commission.

ACTION: Scheduling of an expedited five-year review concerning the 
antidumping duty order on elemental sulphur from Canada.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of an 
expedited review pursuant to section 751(c)(3) of the Tariff Act of 
1930 (19 U.S.C. Sec. 1675(c)(3)) (the Act) to determine whether 
revocation of the antidumping duty order on elemental sulphur from 
Canada would be likely to lead to continuation or recurrence of 
material injury. For further information concerning the conduct of this 
review 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, D, E, and F (19 CFR part 207). Recent 
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 F.R. 30599, June 5, 1998, and may be downloaded from 
the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: November 5, 1998.

FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), 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).

SUPPLEMENTARY INFORMATION

Background

    On November 5, 1998, the Commission determined that both domestic 
and respondent interested party responses to its notice of institution 
(63 F.R. 41280, August 3, 1998) of the subject five-year review were 
inadequate.1 The Commission

[[Page 64276]]

concluded that the domestic interested party group response was 
inadequate because the sole response by a domestic interested party, 
although individually adequate, accounted for a low share of domestic 
sulphur production, and therefore did not represent a sufficient 
willingness among domestic interested parties to participate in this 
review and an adequate indication that they will submit information 
requested throughout the proceeding. We note that recovered sulphur now 
accounts for most of domestic sulphur production, but that no recovered 
sulphur producers responded to the notice of institution. The 
Commission concluded that the respondent interested party group 
response was inadequate because the sole response by a respondent 
interested party, although individually adequate, accounted for a low 
share of subject imports and a low share of foreign production, and 
therefore did not represent a sufficient willingness among respondent 
interested parties to participate in this review and an adequate 
indication that they will submit information requested throughout the 
proceeding. The Commission did not find any other circumstances that 
would warrant conducting a full review. Accordingly, the Commission 
determined that it would conduct an expedited review pursuant to 
section 751(c)(3) of the Act. A record of the Commissioners' votes and 
the statement of Chairman Bragg are available from the Office of the 
Secretary and at the Commission's web site.
---------------------------------------------------------------------------

    \1\ Chairman Bragg and Commissioner Koplan dissenting.
---------------------------------------------------------------------------

Staff Report

    A staff report containing information concerning the subject matter 
of the review will be placed in the nonpublic record on December 3, 
1998, and made available to persons on the Administrative Protective 
Order service list for this review. A public version will be issued 
thereafter, pursuant to section 207.62(d)(4) of the Commission's rules.

Written Submissions

    As provided in section 207.62(d) of the Commission's rules, 
interested parties that are parties to the review and that have 
provided adequate responses to the notice of institution,2 
and any party other than an interested party to the review may file 
written comments with the Secretary on what determination the 
Commission should reach in the review. Comments are due on or before 
December 8, 1998, and may not contain new factual information. Any 
person that is neither a party to the five-year review nor an 
interested party may submit a brief written statement (which shall not 
contain any new factual information) pertinent to the review by 
December 8, 1998. If comments contain business proprietary information 
(BPI), they must conform with the requirements of sections 201.6, 
207.3, and 207.7 of the Commission's rules. The Commission's rules do 
not authorize filing of submissions with the Secretary by facsimile or 
electronic means.
---------------------------------------------------------------------------

    \2\ The Commission has found responses submitted by Freeport-
McMoRan Sulphur Inc. and Husky Oil Ltd. to be adequate. Comments 
from other interested parties will not be accepted (see 19 CFR 
207.62(d)(2)).
---------------------------------------------------------------------------

    In accordance with sections 201.16c and 207.3 of the rules, each 
document filed by a party to the review must be served on all other 
parties to the review (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.

Determination

    The Commission has determined to extend the period of time for 
making its expedited determination in this review by up to 90 days 
pursuant to 19 U.S.C. Sec. 1675(c)(5)(B).

    Authority: This review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: November 13, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-30887 Filed 11-18-98; 8:45 am]
BILLING CODE 7020-02-P