[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] ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \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)). --------------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \3\ 19 CFR 207.45(b). \4\ 63 FR 27747. \5\ See 63 FR 40314-15. --------------------------------------------------------------------------- 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 --------------------------------------------------------------------------- \6\ 64 FR 28212, May 25, 1999. Chairman Bragg dissenting. --------------------------------------------------------------------------- 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