[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Notices]
[Pages 36102-36103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14556]



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INTERNATIONAL TRADE COMMISSION

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


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

AGENCY: International Trade Commission.

ACTION: Notice 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 
Investigations Nos. 731-TA-566-570 and 731-TA-641 (Final) concerning 
ferrosilicon from Brazil, China, Kazakhstan, Russia, Ukraine, and 
Venezuela.

DATES: Effective Date: June 22, 2004.

FOR FURTHER INFORMATION CONTACT: Christopher J. 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:

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 June 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, 276 F. Supp. 2d 1296 
(Ct. Int'l Trade 2003). In September 2003 the Commission reached 
negative determinations in the second remand proceeding. Ferrosilicon 
from Brazil, China, Kazakhstan, Russia, Ukraine, and Venezuela, Inv. 
Nos. 303-TA-23, 731-TA-566-570, and 731-TA-631 (Final) 
(Reconsideration) (Second Remand), USITC Pub. 3627 (Sept. 2003). On May 
12, 2004, the CIT issued an opinion concerning the Commission's 
determinations on second remand which remanded the matter for further 
proceedings. Elkem Metals Co. v. United States, slip op. 04-49 (Ct. 
Int'l Trade May 12, 2004) (``2004 Elkem Slip Op.'').

Written Submissions

    The Commission is not reopening the record in the third remand 
proceeding for submission of new factual information. Pursuant to the 
prior decisions of the CIT, its determination will be based on best 
information available. See 2004 Elkem Slip Op. at 12-15.
    The Commission will, however, permit the parties to file written 
submissions limited to the following issues:

    (1) An identification and discussion of any information in the 
record pertinent to the inquiry concerning the `` `true' market 
price'' of ferrosilicon that the CIT directs the Commission to 
conduct. See Elkem 2004 Slip Op. at 18.
    (2) An identification and discussion of any probative 
information in the record concerning quarterly fluctuations during 
the original period of investigation in U.S. demand and apparent 
consumption.
    (3) An identification and discussion of any information in the 
record pertinent to the inquiry concerning specific contract 
language, dates, and provisions that the CIT directs the Commission 
to conduct. See 2004 Elkem Slip Op. at 21.
    (4) A discussion of the information in the record concerning 
similarities and differences between prices charged by domestic 
ferrosilicon producers American Alloys, Elkem, and SKW, on the one 
hand, and other domestic ferrosilicon producers, on the other hand, 
during the portion of the original period of investigation 
subsequent to July 1, 1991.
    (5) An identification and discussion of any probative 
information in the record concerning the inquiry concerning 
``baseline'' prices that the CIT contemplates the Commission will 
conduct. See 2004 Elkem Slip Op. at 32.

    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 25 pages 
of textual material, double-spaced and single-sided, on stationery 
measuring 8\1/2\ x 11 inches.
    The Commission has filed with the CIT a motion for reconsideration 
of portions of its May 12, 2004 slip opinion. It has also filed a 
motion to stay the CIT's order requiring a report of remand results 
pending disposition of the reconsideration motion. Should the CIT grant 
either of these motions before the due date for the submissions 
described above, the Commission will extend the deadline for filing of 
these submissions. Should the reconsideration motion be granted, the 
Commission may, if appropriate, modify the issues that may be discussed 
in these 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, 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)

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may participate as parties in the third remand proceedings.

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

    Issued: June 22, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-14556 Filed 6-25-04; 8:45 am]
BILLING CODE 7020-02-P