[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Pages 50897-50898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19973]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-376, 377, and 379 (Final) and Investigations 
Nos. 731-TA-788-793 (Final) (Remand)]


Certain Stainless Steel Plate from Belgium, Canada, Italy, Korea, 
South Africa, and Taiwan; Amended Notice and Scheduling of Remand 
Proceedings

AGENCY: International Trade Commission.

[[Page 50898]]


ACTION: Correction notice for the subject investigation.

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SUMMARY: On July 29, 2002, the Commission published in the Federal 
Register (67 FR 145) an amended notice of investigation on Certain 
Stainless Steel Plate from Belgium, Canada, Italy, Korea, South Africa, 
and Taiwan, Nos. 701-TA-376, 377 and 379 (Final) and 731-TA-788-793 
(Final). The document was published incorrectly and this notice 
replaces the previous published document. The U.S. International Trade 
Commission (the Commission) hereby gives notice of its amended schedule 
in the court-ordered remand of its final antidumping and countervailing 
duty investigations, Certain Stainless Steel Plate from Belgium, 
Canada, Italy, Korea, South Africa, and Taiwan, Nos. 701-TA-376, 377 
and 379 (Final) and 731-TA-788-793 (Final).

EFFECTIVE DATE: July 23, 2002.

FOR FURTHER INFORMATION CONTACT: Woodley Timberlake, Office of 
Investigations, telephone 202-205-3188 or Neal J. Reynolds, Office of 
General Counsel, telephone 202-205-3093, U.S. International Trade 
Commission. 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 May 1998, the Commission determined, by a four-to-two vote, that 
an industry in the United States was not being materially injured or 
threatened with material injury by reason of imports of cold-rolled 
stainless steel plate in coils from Belgium and Canada. On August 28, 
2000, the Court of International Trade affirmed this determination as 
being in accordance with law and supported by substantial evidence. 
Allegheny Ludlum Corp. v. United States, 116 F.Supp. 2d 1276 (CIT 
2000). On April 19, 2002, the U.S. Court of Appeals for the Federal 
Circuit vacated the lower court ruling, finding that the Commission's 
volume and impact findings with respect to cold-rolled stainless steel 
plate were not in accordance with law and that its pricing finding for 
cold-rolled plate was unsupported by substantial evidence. Allegheny 
Ludlum Corp. v. United States, Appeal No. 01-1223 (April 19, 2002). On 
June 18, 2002, in accordance with the Federal Circuit's decision, the 
Court of International Trade vacated its earlier decision and remanded 
to the Commission its final negative determination with respect to 
cold-rolled stainless steel plate. In its order, the Court of 
International Trade remanded the determination to the Commission ``for 
proceedings not inconsistent with the Federal Circuit's decision in 
Appeal No. 01-1223.'' It also directed the Commission to issue a remand 
determination within sixty days of the date of the order, i.e., by 
August 19, 2002. On July 8, 2002, the Commission published its schedule 
for the remand proceeding in the Federal Register. 67 FR 47147.
    On July 10, 2002, the Commission filed a motion with the Court of 
International Trade requesting an extension of the deadline for filing 
the remand determination until September 27, 2002. On July 15, 2002, 
the Court granted the Commission's request. Accordingly, the Commission 
is amending the schedule of its remand proceeding to reflect the 
Court's order. Any deadlines not specified below remain unchanged from 
the Commission's original notice.

Scheduling the Vote

    The Commission will vote on the remand determination at a public 
meeting to be held on Thursday, September 12, 2002. The meeting is 
tentatively scheduled for 2:00 p.m.

Written Submissions

    Each party who is an interested party in this remand proceeding may 
submit a written brief to the Commission. The brief must be concise and 
be limited to comments on how the data obtained in this remand 
proceeding affect the Commission's original determination with respect 
to cold-rolled stainless steel plate products. Any material in the 
comments not addressing this limited issue will be stricken from the 
record. The brief must be double-spaced, single-sided, and on 
stationary measuring 8\1/2\ by 11 inches. The brief will be limited to 
thirty (30) pages, and must be filed no later than the close of 
business on August 23, 2002.
    Each party who is an interested party may also a submit a rebuttal 
brief to the Commission. The brief must be concise and limited to 
rebutting or commenting on the arguments made or facts presented by 
other parties in their initial brief. Any material in the comments not 
addressing these issues will be stricken from the record. The brief 
must be double-spaced, single-sided, and on stationary measuring 8\1/2\ 
by 11 inches. The rebuttal brief will be limited to ten (10) pages, and 
must be filed no later than the close of business on August 30, 2002.
    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. In 
accordance with sections 3201.16(c) and 207.3 of the 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.


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

    By order of the Commission.

    Issued: August 2, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-19973 Filed 8-5-02; 8:45 am]
BILLING CODE 7020-02-P