[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Notices]
[Pages 18404-18405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7844]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-441 and 731-TA-1081 (Preliminary)]


Silicon Metal From Brazil and South Africa

AGENCY: International Trade Commission.

ACTION: Institution of countervailing duty and antidumping 
investigations and scheduling of preliminary phase investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty investigation No. 701-TA-441 (Preliminary) and antidumping 
investigation No. 731-TA-1081 (Preliminary) under sections 703(a) and 
733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 
1673(a)) (the Act) to determine whether there is a reasonable 
indication that 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 imports from 
Brazil of silicon metal, provided for in subheadings 2804.69.10 and 
2804.69.50 of the Harmonized Tariff Schedule of the United States, that 
are alleged to be subsidized by the Government of Brazil, and by reason 
of such imports from South Africa that are alleged to be sold in the 
United States at less than fair value. Unless the Department of 
Commerce extends the time for initiation pursuant to section 
702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) and 
19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary 
determination in countervailing duty and antidumping investigations in 
45 days, or in this case by May 17, 2004. The Commission's views are 
due at Commerce within five business days thereafter, or by May 24, 
2004.
    For further information concerning the conduct of these 
investigations 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 B (19 CFR 
part 207).

EFFECTIVE DATE: March 31, 2004.

FOR FURTHER INFORMATION CONTACT: Larry Reavis (202-205-3185), 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--These investigations are being instituted in response 
to a petition filed on March 31, 2004, by Globe Metallurgical Inc., 
Beverly, OH; the International Union of Electronic, Electrical, 
Salaried, Machine and Furniture Workers, I.U.E.-C.W.A., AFL-CIO, 
C.L.C., Local 693; and the United Steelworkers of America, AFL-CIO, 
Local 9436.
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission countervailing duty and antidumping 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    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 these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Operations has scheduled 
a conference in connection with these investigations for 9:30 a.m. on 
Wednesday, April 21, 2004, at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC. Parties wishing to 
participate in the conference should contact Larry Reavis (202-205-
3185) not later than April 19 to list their appearance and witnesses 
(if any). Parties in support of the imposition of countervailing or 
antidumping duties in these investigations and parties in opposition to 
the imposition of such duties will each be collectively allocated one 
hour within which to make an oral presentation at the conference. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the conference.
    Written submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before April 26, 2004, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference no later than three days before the 
conference. If briefs or written testimony contain BPI, they must 
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 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the 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 207.12 of the Commission's rules.

By order of the Commission.


[[Page 18405]]


    Issued: April 1, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-7844 Filed 4-6-04; 8:45 am]
BILLING CODE 7020-02-P