[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18633-18634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9238]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 303-TA-23, 731-TA-566-570, and 731-TA-641 (Final) 
(Reconsideration) (Remand)]


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

AGENCY: United States International Trade Commission.

ACTION: Notice and scheduling of remand proceedings.

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SUMMARY: The United States International Trade Commission (Commission) 
hereby gives notice of the court-ordered remand of its reconsideration 
proceedings pertaining to countervailing duty investigation no. 303-TA-
23 (Final) concerning ferrosilicon from Venezuela, and antidumping 
investigation nos. 731-TA-566-570 and 731-TA-641 (Final) concerning 
ferrosilicon from Brazil, China, Kazakhstan, Russia, Ukraine, and 
Venezuela.

EFFECTIVE DATE: April 11, 2002.

FOR FURTHER INFORMATION CONTACT: Lynn Featherstone, Office of 
Investigations, telephone 202-205-3160, or Marc A. Bernstein, Office of 
General Counsel, telephone 202-205-3087, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    In August 1999 the Commission made a negative determination upon 
reconsideration in its antidumping and countervailing duty 
investigations concerning ferrosilicon from Brazil, China, Kazakhstan, 
Russia, Ukraine, and Venezuela. Ferrosilicon from Brazil, China, 
Kazakhstan, Russia, Ukraine, and Venezuela, Inv. Nos. 303-TA-23, 731-
TA-566-570, 731-TA-641 (Final) (Reconsideration), USITC Pub. 3218 (Aug. 
1999). The Commission's determinations were appealed to the U.S. Court 
of International Trade (CIT). On February 21, 2002, the CIT issued an 
opinion finding the Commission's proceedings on reconsideration 
defective because they did not accord the parties an opportunity to 
participate in a hearing specifically concerning the reconsideration 
proceeding. The CIT accordingly remanded the matter to the Commission 
for further proceedings. Elkem Metals Co. v. United States, slip op. 
02-18 (Ct. Int'l Trade Feb. 21, 2002). On March 18, 2002, the CIT 
issued an Order providing the Commission within 180 days of service of 
the Order to complete the remand proceedings. The Commission received 
notice of this Order on April 1, 2002.

Reopening the Record

    The Commission is reopening the record in these reconsideration 
proceedings to enable it to conduct the remand proceedings required by 
the CIT's opinion. The scope of the proceedings was not addressed in 
the CIT's opinion or Order, and consequently will remain unchanged from 
the 1999 reconsideration proceeding. See Ferrosilicon from Brazil, 
China, Kazakhstan, Russia, Ukraine, and Venezuela, 64 Fed. Reg. 28212 
(May 25, 1999). Consequently, any new information submitted in this 
remand proceeding must be limited to the issues of (a) the price-fixing 
conspiracy in which certain domestic ferrosilicon producers 
participated during the periods of the Commission's original 
investigations, 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.The record in these proceedings will encompass the material from 
the record of the original investigations, the 1998-99 changed 
circumstances investigations involving ferrosilicon from Brazil, China, 
Kazakhstan, Russia, Ukraine, and Venezuela, and the 1999 
reconsideration proceedings, as well as any information submitted 
during the remand proceedings, to include the Staff Reports and 
Economic Reports prepared during the original investigations and the 
Staff Report prepared during the changed circumstances investigation.

Participation in the Proceedings

    Only those persons who were parties to the previous reconsideration 
proceedings (i.e., persons listed on the Commission Secretary's service 
list) may participate as parties in these remand proceedings. 
Nonparties may file written submissions and submit hearing testimony as 
described below.

Nature of the Remand Proceedings

    The Commission will conduct the following additional proceedings in 
this remand: Prehearing Brief. Each party to the investigation shall 
submit to the Commission a prehearing brief no later than May 23, 2002. 
The brief shall only address those matters within the scope of the 
reconsideration proceeding. Prehearing briefs must conform with the 
provisions of section 207.23 of the Commission's rules. Any person who 
is not a party to this investigation may submit a brief written 
statement of information pertinent to the reconsideration proceeding 
within the time specified for the filing of prehearing briefs.
    Hearing. The Commission will hold a hearing in connection with this 
reconsideration proceeding beginning at 9:30 a.m. on June 6, 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 May 29, 2002. A nonparty who has testimony that 
may aid the Commission's deliberations may request permission to 
present a short statement

[[Page 18634]]

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 June 3, 2002, 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. 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. Written witness testimony must be filed no later 
than three days before the hearing. Hearing testimony and presentations 
shall address only those matters within the scope of the 
reconsideration proceeding.
    Posthearing Brief. Parties to the investigation may file 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is June 13, 2002. 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 June 13, 2002. Posthearing submissions shall address only 
those matters within the scope of the reconsideration proceeding.
    Final Comments. On a date after the submission of prehearing briefs 
to be announced, the Commission will make available to parties all 
information on which they have not had an opportunity to comment. 
Parties may subsequently submit final comments on this information on a 
date to be announced. Such final comments must not contain new factual 
information and must otherwise comply with section 207.30 of the 
Commission's rules. General Information on Written Submissions. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain business 
proprietary information (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 accept a document for filing without a certificate of service. 
Parties are also advised to consult the Commission's Rules of Practice 
and Procedure, part 201, subparts A through E (19 CFR part 201), and 
part 207, subpart A (19 CFR part 207) for provisions of general 
applicability concerning written submissions to the Commission.

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

    Information obtained during the remand proceedings will be released 
to parties under the Administrative Protective Order (APO) in effect 
during the previous reconsideration proceedings. Pursuant to section 
207.7(a) of the Commission's rules, the Secretary will make business 
proprietary information gathered in the previous reconsideration 
proceedings and this remand proceeding available to additional 
authorized applicants, that are not covered under the original APO, 
provided that the application is made not later than seven (7) days 
after publication of the Commission's notice of reopening the record on 
remand in the Federal Register. Applications must be filed for persons 
on the Judicial Protective Order in the related CIT case, but not 
covered under the original APO. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under APO in these remand proceedings.

    Authority: This action is taken under the authority of title VII 
of the Tariff Act of 1930 as amended.

    Issued: April 11, 2002.

By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-9238 Filed 4-15-02; 8:45 am]
BILLING CODE 7020-02-P