[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67918-67920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32678]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-376-379 (Final) and 731-TA-788-793 (Final)]


Certain Stainless Steel Plate From Belgium, Canada, Italy, The 
Republic of Korea, South Africa, and Taiwan

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigations Nos. 701-TA-376, 377, 
and 379 (Final) under section 705(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b)) (the Act) and the final phase of antidumping 
investigations Nos. 731-TA-788-793 (Final) under section 735(b) of the 
Act (19 U.S.C. 1673d(b)) 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 subsidized imports from Belgium, Italy, and 
South Africa and by reason of less-than-fair-value imports from 
Belgium, Canada, Italy, the Republic of Korea (Korea), South Africa, 
and Taiwan of certain stainless steel plate in coils, provided for in 
subheadings 7219.11.00, 7219.12.00, 7219.31.00, 7219.90.00, 7220.11.00, 
7220.20.10, 7220.20.60, and 7220.90.00 of the Harmonized Tariff 
Schedule of the United States.1 Section 207.21(b) of

[[Page 67919]]

the Commission's rules provides that, where the Department of Commerce 
has issued a negative preliminary determination, the Commission will 
not publish a notice of scheduling of the final phase of its 
investigation unless and until it receives an affirmative final 
determination from Commerce. Although the Department of Commerce has 
preliminarily determined that countervailable subsidies are not being 
provided to producers and exporters of certain stainless steel plate in 
coils from Korea, for purposes of efficiency the Commission hereby 
waives rule 207.21(b) and gives notice of the scheduling of the final 
phase of countervailing duty investigation No. 701-TA-378 (Final) under 
section 705(b) of the Act. The Commission is taking this action so that 
the final phases of the countervailing duty and antidumping 
investigations may proceed concurrently in the event that Commerce 
makes an affirmative final countervailing duty determination with 
respect to Korea. If Commerce makes a final negative countervailing 
duty determination with respect to Korea, the Commission will terminate 
its countervailing duty investigation under section 705(c)(2) of the 
Act (19 U.S.C. 1671d(c)(2)), and section 207.21(d) of the Commission's 
rules.
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    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as certain stainless steel plate in coils. 
Stainless steel is an alloy steel containing, by weight, 1.2 percent 
or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, 
in coils, and annealed or otherwise heat treated and pickled or 
otherwise descaled. The subject plate may also be further processed 
(e.g., cold-rolled, polished, etc.), provided that it maintains the 
specified dimensions of plate following such processing. Excluded 
from the scope of these investigations are the following: (1) plate 
not in coils, (2) plate that is not annealed or otherwise heat 
treated and pickled or otherwise descaled, (3) sheet and strip, and 
(4) flat bars.
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    For further information concerning the conduct of this phase of the 
investigations, 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 
(19 CFR part 207).

EFFECTIVE DATE: November 4, 1998.

FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188), 
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

    The final phase of these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that certain benefits which constitute subsidies within the 
meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided 
to manufacturers, producers, or exporters in Belgium, Italy, and South 
Africa of certain stainless steel plate in coils, and that such imports 
from Belgium, Canada, Italy, Korea, South Africa, and Taiwan are being 
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 final phase of the 
countervailing duty investigation with respect to Korea is being 
scheduled, under waiver of section 207.21(b), discussed above, for 
purposes of efficiency. The investigations were requested in petitions 
filed on March 31, 1998, by Armco, Inc., Pittsburgh, PA; J&L Specialty 
Steel, Inc., Pittsburgh, PA; Lukens, Inc., Coatesville, PA; North 
American Stainless, Ghent, KY; and the United Steelworkers of America, 
AFL-CIO/CLC.

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 these 
investigations 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 investigations 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 
investigations.

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 these 
investigations available to authorized applicants under the APO issued 
in the investigations, 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 investigations 
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 these 
investigations will be placed in the nonpublic record on March 9, 1999, 
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 these investigations beginning at 9:30 a.m. on March 23, 1999, 
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 March 16, 1999. 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 March 18, 
1999, 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 March 16, 1999. 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 March 29, 1999; 
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 investigations may submit a written statement of 
information pertinent to the subject of the

[[Page 67920]]

investigations on or before March 29, 1999. On April 16, 1999, 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 April 20, 1999, 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. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (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: These investigations are 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.

    By order of the Commission.

    Issued: December 1, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-32678 Filed 12-8-98; 8:45 am]
BILLING CODE 7020-02-P