[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Notices]
[Pages 28212-28213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13387]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 751-TA-21-27 and 303-TA-23, 731-TA-566-570, and 
731-TA-641 (Reconsideration)]


Ferrosilicon From Brazil, China, Kazakhstan, Russia, Ukraine, and 
Venezuela

AGENCY: United States International Trade Commission.

ACTION: Suspension of review investigations Nos. 751-TA-21-27 and 
institution of proceedings to reconsider the Commission's affirmative 
determinations in countervailing duty investigation No. 303-TA-23 
(Final) concerning ferrosilicon from Venezuela, and antidumping 
investigations Nos. 731-TA-566-570 and 641 (Final) concerning 
ferrosilicon from Brazil, China, Kazakhstan, Russia, Ukraine, and 
Venezuela.

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SUMMARY: The Commission hereby gives notice that it has suspended the 
subject investigations under section 751(b) of the Tariff Act of 1930 
(19 U.S.C. 1675(b)) (the Act) and is instituting proceedings in which 
it will reconsider its determinations in countervailing duty 
investigation No. 303-TA-23 (Final) concerning ferrosilicon from 
Venezuela, and antidumping investigations Nos. 731-TA-566-570 and 731-
TA-641 (Final) concerning ferrosilicon from Brazil, China, Kazakhstan, 
Russia, Ukraine, and Venezuela.
    For further information concerning the conduct of this 
reconsideration 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, C, and D (19 CFR 
part 207).

EFFECTIVE DATE: May 21, 1999.

FOR FURTHER INFORMATION CONTACT: Fred Fischer (202-205-3179) or 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. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    On April 24, 1998, the Commission received a request to review its 
affirmative determination as it applied to imports of ferrosilicon from 
Brazil (the request) 1 in light of changed circumstances, 
pursuant to section 751(b) of the Act. The request was filed by counsel 
on behalf of Associacao Brasileira dos Productores de Ferroligas e de 
Silicio Metalico (ABRAFE), Companhia Brasileira Carbureto de Calcio 
(CBCC), Companhia de Ferroligas de Bahia (FERBASA), Nova Era Silicon S/
A, Italmagnesio S/A-Industria e Comercio, Rima Industrial S/A, and 
Companhia Ferroligas Minas Gerais (Minasligas).
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    \1\ The request concerned only imports from Brazil. However, as 
the alleged changed circumstances predominantly relate to the 
domestic industry, the Commission solicited comments on the 
possibility of self-initiating reviews of the outstanding orders on 
imports from China, Kazakhstan, Russia, Ukraine, and Venezuela.
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    Pursuant to section 207.45(b) of the Commission's Rules of Practice 
and Procedure (19 CFR 207.45(b)), the Commission published a notice in 
the Federal Register on May 20, 1998 (63 FR 27747), requesting comments 
as to whether the alleged changed circumstances warranted the 
institution of review investigations. The Commission received comments 
in support of the request from C.V.G. Venezolana de Ferrosilicio C.A. 
(Fesilven), a Venezuelan producer of ferrosilicon; General Motors 
Corp., a purchaser of ferrosilicon; and the Governments of Brazil and 
Kazakhstan. Comments in opposition to the request were received from 
counsel on behalf of AIMCOR, American Alloys, Inc., Elkem Metals Co., 
and SKW Metals & Alloys, Inc., U.S. producers of ferrosilicon. After 
reviewing these comments, the Commission determined on July 28, 1998, 
that certain of the alleged changed circumstances were sufficient to 
warrant review investigations. See 63 FR 40314-15. Among the issues 
that were briefed by the parties to the investigations was the fact 
that, between 1995 and 1997, two members of the domestic industry 
pleaded guilty to conspiring to fix prices of commodity ferrosilicon 
products during the periods of the Commission's original 
investigations, and a third member, and an officer of that member, were 
convicted of conspiring to fix prices of commodity ferrosilicon 
products during the periods of the Commission's original 
investigations. The Commission has now decided to suspend the section 
751(b) reviews and reconsider the original determinations.
    Participation in the reconsideration and public service list: 
Parties who have

[[Page 28213]]

entered appearances in the section 751(b) reviews do not have to enter 
new appearances in this reconsideration in order to participate. Other 
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 reconsideration 
proceedings as parties must file an entry of appearance with the 
Secretary to the Commission no later than 21 days after publication of 
this notice in the Federal Register. The Secretary will maintain a 
public service list containing the names and addresses of all persons, 
or their representatives, who are parties to the reconsideration 
proceedings.
    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 these reconsideration proceedings available to 
authorized applicants under the APO issued in these reconsideration 
proceedings, provided that the application is made no later than 21 
days after publication of this notice in the Federal Register. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9). A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO. 
Individuals subject to the APO in the section 751(b) reviews need not 
submit new applications for access to BPI in the reconsideration 
proceedings.
    Written submissions: The record of the section 751(b) reviews will 
be incorporated into the record of these reconsideration proceedings. 
Each party can submit comments, including new factual information, to 
the Commission. Comments must be limited to the issues of (a) the 
price-fixing conspiracy, or other anticompetitive conduct relating to 
the original periods of investigation, and (b) any possible material 
misrepresentations or material omissions, by any entity that provided 
information or argument in the original investigations, concerning: (1) 
the conspiracy or other anticompetitive conduct or (2) any other 
matter. Comments must conform with the relevant provisions of section 
207.23 of the Commission's rules and the deadline for filing is June 
23, 1999. Parties may submit rebuttal comments, which may include new 
factual information, by July 7, 1999. Rebuttal comments shall be 
limited to the same issues as the opening comments. In addition, any 
person who has not entered an appearance as a party to the 
reconsideration proceedings may submit a brief written statement of 
information pertinent to the subject of the reconsideration proceedings 
on or before June 23, 1999. On July 12, 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 July 16, 1999, but such final comments must 
not contain new factual information and must otherwise comply with the 
requirements stated in 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 reconsideration 
proceedings must be served on all other parties to the reconsideration 
proceedings (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 reconsideration proceedings are being conducted 
under authority of title VII of the Tariff Act of 1930; this notice 
is published pursuant to sections 201.10 and 207.45 of the 
Commission's rules.

    Issued: May 21, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-13387 Filed 5-24-99; 8:45 am]
BILLING CODE 7020-02-P