[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Notices]
[Pages 23727-23729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11677]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-891 (Final)]


Foundry Coke From China

AGENCY: International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-891 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
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 
less-than-fair-value imports from China of foundry coke, provided for 
in subheading 2701.00.00 of the Harmonized Tariff Schedule of the 
United States.\1\
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    \1\ For purposes of this investigation, Commerce has defined the 
subject merchandise as ``coke larger than 100 mm (4 inches) in 
maximum diameter and at least 50 percent of which is retained on a 
100-mm (4-inch) sieve, of a kind used in foundries.''
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    For further information concerning the conduct of this phase of the 
investigation, 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: March 8, 2001.

FOR FURTHER INFORMATION CONTACT: D.J. Na (202-708-4727), 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). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:   

Background

    The final phase of this investigation is being scheduled as a 
result of an affirmative preliminary determination by the Department of 
Commerce that imports of foundry coke from China 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 investigation was requested in a 
petition filed on September 20, 2001, by ABC Coke, Birmingham, AL; 
Citizens Gas and Coke Utility, Indianapolis, IN; Erie Coke Corp., Erie, 
PA; Tonawanda Coke Corp., Tonawanda, NY; and the United Steelworkers of 
America, AFL-CIO.

Participation in the Investigation 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 this 
investigation 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 investigation 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 
investigation.

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 this 
investigation available to authorized applicants under the APO issued 
in the investigation, 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 investigation. A party 
granted access to BPI in the preliminary phase of the investigation 
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 this 
investigation will be placed in the nonpublic record on June 29, 2001, 
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 this investigation beginning at 9:30 a.m. on July 26, 2001, 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 July 12, 2001. 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 July 16, 
2001, 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 July 20, 2001. 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 August 2, 2001; 
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 investigation may submit a written statement of 
information pertinent to the subject of the investigation on or before 
July 20, 2001. On August 22, 2001, 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 August 24, 2001, 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 investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not

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accept a document for filing without a certificate of service.

    Authority: This investigation is 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: May 3, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-11677 Filed 5-8-01; 8:45 am]
BILLING CODE 7020-02-P