[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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