[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43163-43164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18426]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 303-TA-23, 731-TA-566-570, and 731-TA-641 (Final) 
(Reconsideration) (Second 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: July 14, 2003.

FOR FURTHER INFORMATION CONTACT: Christopher Cassise, Office of 
Investigations, telephone 202-708-5408, 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: 

[[Page 43164]]

Background

    In August 1999 the Commission made negative determinations 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 remanded 
the matter to the Commission for further proceedings. Elkem Metals Co. 
v. United States, 193 F. Supp.2d 1314 (Ct. Int'l Trade 2002). On 
remand, the Commission conducted further proceedings. In September 2002 
it reached negative determinations on remand. Ferrosilicon from Brazil, 
China, Kazakhstan, Russia, Ukraine, and Venezuela, Inv. Nos. 303-TA-23, 
731-TA-566-570, and 731-TA-631 (Final) (Reconsideration) (Remand), 
USITC Pub. 3531 (Sept. 2002). On March 18, 2003, the CIT issued an 
opinion concerning the Commission's determinations on remand which 
affirmed the Commission in part and remanded in part for further 
proceedings. Elkem Metals Co. v. United States, slip op. 03-66 (Ct. 
Int'l Trade June 18, 2003) (``Elkem II'').

Written Submissions

    The Commission is not reopening the record in the second remand 
proceeding for submission of new factual information. It will, however, 
permit the parties to file a written submission addressed to the 
determination the Commission should reach in its second remand 
determination in light of Elkem II. Parties should state the factual 
and legal bases for their position. This submission must be filed with 
the Commission no later than 14 days after publication of this notice 
in the Federal Register, shall not contain any new factual information, 
and shall not exceed 20 pages of textual material, double-spaced and 
single-sided, on stationery measuring 8\1/2\ x 11 inches.
    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, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (Nov. 8, 2002).
    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.
    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.

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 the second remand proceedings.

Public Vote

    The Commission will vote on the remand determinations at a public 
meeting scheduled to be held on Monday, August 18, 2003. The meeting is 
tentatively scheduled for 11 a.m.

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

    Issued: July 15, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-18426 Filed 7-18-03; 8:45 am]
BILLING CODE 7020-02-P