[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Notices]
[Pages 59596-59597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29676]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-929-931 (Final)]


Silicomanganese From India, Kazakhstan, and Venezuela

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-929-931 (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 India, 
Kazakhstan, and Venezuela of silicomanganese, provided for in 
subheading 7202.30.00 of the Harmonized Tariff Schedule of the United 
States (HTS).1 2
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``all forms, sizes 
and compositions of silicomanganese, except low-carbon 
silicomanganese, including silicomanganese, including 
silicomanganese briquettes, fines and slag.'' Silicomanganese 
generally contains by weight not less than 4 percent iron, more than 
30 percent manganese, more than 8 percent silicon and not more than 
3 percent phosphorous. Low-carbon silicomanganese excluded from the 
scope of these investigations is a ferroalloy with the following 
chemical specifications: minimum 55 percent manganese, minimum 27 
percent silicon, minimum 4 percent iron, maximum 0.10 percent 
phosphorus, maximum 0.10 percent carbon and maximum 0.05 percent 
sulfur.
    \2\ Some silicomanganese may also be entered under HTS 
statistical reporting number 7202.99.5040. The merchandise covered 
by the scope of these investigations includes all silicomanganese 
(excluding the aforementioned low-carbon silicomanganese), 
regardless of its tariff classification.
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    For further information concerning the conduct of this phase of the 
investigations, 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: November 9, 2001.

FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188), 
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 these 
investigations 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 these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that imports of silicomanganese from India, Kazakhstan, and 
Venezuela 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 
investigations were requested in a petition filed on April 6, 2001, by 
Eramet Marietta, Inc. (Marietta, OH) and the Paper, Allied-Industrial, 
Chemical and Energy Workers International Union, Local 5-0639.

Participation in the Investigations 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 these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 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 investigations 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 
investigations.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, 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 investigations. A party granted access 
to BPI in the preliminary phase of the investigations 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 these 
investigations will be placed in the nonpublic record on January 10, 
2002, and a public version will be issued thereafter, pursuant to 
Sec. 207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of these investigations beginning at 9:30 a.m. on January 24, 
2002, 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 January 17, 2002. 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

[[Page 59597]]

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 January 22, 2002, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by Secs. 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 Sec. 207.23 of the Commission's rules; the deadline for 
filing is January 17, 2002. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
Sec. 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of Sec. 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is January 31, 2002; 
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 investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
January 31, 2002. On February 21, 2002, 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 February 25, 2002, but such final comments 
must not contain new factual information and must otherwise comply with 
Sec. 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec. 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Secs. 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 Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (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 investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec. 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 26, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-29676 Filed 11-28-01; 8:45 am]
BILLING CODE 7020-02-P