[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Notices]
[Pages 22105-22106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10852]



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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-417-421 (Final) and 731-TA-953, 954, 956-
959, 961, and 962 (Final)]


Carbon and Certain Alloy Steel Wire Rod From Brazil, Canada, 
Germany, Indonesia, Mexico, Moldova, Trinidad and Tobago, Turkey, and 
Ukraine

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigations Nos. 701-TA-417-421 
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 
1671d(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 subsidized imports from Brazil, Canada, Germany, 
Trinidad and Tobago, and Turkey of carbon and certain alloy steel wire 
rod, provided for in subheadings 7213.91.30, 7213.91.45, 7213.91.60, 
7213.99.00, 7227.20.00, and 7227.90.60 of the Harmonized Tariff 
Schedule of the United States (HTS). Notice is also hereby given of the 
scheduling of the final phase of antidumping investigations Nos. 731-
TA-953, 954, 956-959, 961, and 962 (Final) under section 735(b) of the 
Act (19 U.S.C. 1673d(b)) 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 Brazil, 
Canada, Germany, Indonesia, Mexico, Moldova, Trinidad and Tobago, and 
Ukraine of carbon and certain alloy steel wire rod.\1\ 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).
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
round cross section, 5.00 mm or more, but less than 19.0 mm, in 
solid cross-sectional diameter. Specifically excluded are steel 
products possessing the above-noted physical characteristics and 
meeting the HTS definitions for (a) stainless steel; (b) tool steel; 
(c) high nickel steel; (d) ball bearing steel; and (e) concrete 
reinforcing bars and rods. Also excluded are (f) free machining 
steel products (i.e., products that contain by weight one or more of 
the following elements: 0.03 percent or more of lead, 0.05 percent 
or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 
percent of phosphorus, more than 0.05 percent of selenium, or more 
than 0.01 percent of tellurium. Also excluded from the scope are 
1080 grade tire cord quality wire rod and 1080 grade tire bead 
quality wire rod that comport with the specifications set forth in 
the scope language published in the Commerce Department's 
preliminary determinations in these cases (see, e.g., 67 FR 17385, 
April 10, 2002).

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EFFECTIVE DATE: April 10, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in Canada, 
Germany, and Trinidad and Tobago of carbon and certain alloy steel wire 
rod, and that such products from Brazil, Canada, Germany, Mexico, 
Moldova, Trinidad and Tobago, and Ukraine 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 August 31, 2001, by Co-Steel Raritan, Inc., Perth Amboy, NJ; 
GS Industries, Inc., Charlotte, NC; Keystone Consolidated Industries, 
Inc., Dallas, TX; and North Star Steel Texas, Inc., Edina, MN. Although 
the Department of Commerce has preliminarily determined that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are not being provided to manufacturers, 
producers, or exporters in Brazil and Turkey of carbon and certain 
alloy steel wire rod and that imports of carbon and certain alloy steel 
wire rod from Indonesia are not being and are not likely to be sold in 
the United States at less than fair value, for purposes of efficiency 
the Commission hereby waives rule 207.21(b) \2\ so that the final phase 
of the investigations may proceed concurrently in the event that 
Commerce makes final affirmative determinations with respect to such 
imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    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 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 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 section 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. 
Sec. 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 June 12, 
2002, and a public version will be issued

[[Page 22106]]

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 these investigations beginning at 9:30 a.m. on June 25, 
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 June 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 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 20, 
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.
    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 June 19, 2002. 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 July 2, 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 July 2, 2002. On July 19, 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 July 23, 2002, 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 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 section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: April 26, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-10852 Filed 5-1-02; 8:45 am]
BILLING CODE 7020-02-P