[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47865-47866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22795]


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INTERNATIONAL TRADE COMMISSION

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


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

Determinations

    On the basis of the record 1 developed in these 
investigations, the United States International Trade Commission 
determines, upon reconsideration, 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 Brazil, China, Kazakhstan, Russia, 
Ukraine, and Venezuela of ferrosilicon, provided for in subheadings 
7202.21.10, 7202.21.50, 7202.21.75, 7202.21.90, and 7202.29.00 of the 
Harmonized Tariff Schedule of the United States, that have been found

[[Page 47866]]

by the Department of Commerce to be subsidized by the Government of 
Venezuela and sold in the United States at less than fair value (LTFV).
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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)).
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    The Commission's determinations in the reconsideration proceedings 
render the changed circumstances investigations that relate to the 
original determinations moot. Accordingly, the United States 
International Trade Commission hereby terminates investigations Nos. 
751-TA-21-27 concerning ferrosilicon from Brazil, China, Kazakhstan, 
Russia, Ukraine, and Venezuela.

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) 2 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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    \2\ 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,3 the Commission published a notice in the 
Federal Register on May 20, 1998,4 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.5 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.
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    \3\ 19 CFR 207.45(b).
    \4\ 63 FR 27747.
    \5\ See 63 FR 40314-15.
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    On May 21, 1999, the Commission suspended investigations Nos. 751-
TA-21-27, and instituted proceedings to 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.6
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    \6\ 64 FR 28212, May 25, 1999. Chairman Bragg dissenting.
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    The Commission transmitted its determination in these 
investigations to the Secretary of Commerce on August 24, 1999. The 
views of the Commission are contained in USITC Publication 3218 (August 
1999), entitled Ferrosilicon from Brazil, China, Kazakhstan, Russia, 
Ukraine, and Venezuela: Investigations Nos. 303-TA-23, 731-TA-566-570, 
and 731-TA-641 (Reconsideration).

    By order of the Commission.

    Issued: August 25, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-22795 Filed 8-31-99; 8:45 am]
BILLING CODE 3510-DS-P