[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Notices]
[Page 65223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25195]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-860 (Final) (Third Remand)]


Tin- and Chromium-Coated Steel Sheet From Japan

AGENCY: United States 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 second remand 
determination in the antidumping Investigation No. 731-TA-860 
concerning tin- and chromium-coated steel sheet from Japan.

EFFECTIVE DATE: November 4, 2004.

FOR FURTHER INFORMATION CONTACT: Douglas Corkran, Office of 
Investigations, telephone (202) 205-3057, or Neal J. Reynolds, Office 
of General Counsel, telephone (202) 205-3093, 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 2000, the Commission made an affirmative determination in 
its antidumping duty investigation concerning tin- and chromium-coated 
steel sheet from Japan. Tin- and Chromium-coated Steel Sheet from 
Japan, Inv. No. 731-TA-860 (Final), USITC Pub. 3337 (Aug. 2000). The 
Commission's determination was appealed to the U.S. Court of 
International Trade (CIT). On December 31, 2001, the CIT remanded the 
matter to the Commission for further proceedings. Nippon Steel Corp. v. 
United States, 182 F.Supp.2d 1330 (Ct. Int'l Trade 2001).
    On remand, the Commission conducted further proceedings and, in 
March 2002, reached an affirmative determination on remand. Tin- and 
Chromium-coated Steel Sheet from Japan, Inv. No. 731-TA-860, Pub No. 
3493 (Final) (Remand) (March 2002). On August 9, 2002, the CIT issued 
an opinion vacating the Commission's affirmative remand determination 
and directing the Commission to enter a negative determination. Nippon 
Steel Corp. v. United States, 223 F. Supp.2d 1349 (Ct. Int'l Trade 
2002) (``Nippon II''). The Commission appealed the CIT's decision in 
Nippon II to the Federal Circuit on October 11, 2002.
    On October 3, 2003, the Federal Circuit vacated the CIT's decision 
in Nippon II and directed the CIT to remand the Commission's 
determination for further explanation and analysis.\1\ Nippon Steel 
Corp. v. United States, 345 F.3d 1379 (Fed. Cir. 2003) (Nippon III). In 
Nippon III, The Federal Circuit held that the Court went ``beyond its 
statutorily assigned role to `review' '' to the extent that it engaged 
in finding facts, determined witness credibility, and interposed its 
own determinations on causation and material injury itself. The Federal 
Circuit directed the CIT to remand the determination to the Commission 
so that the Commission could ``attend to all the points made by the 
Court of International Trade, especially those of [Nippon II] which the 
Commission has not yet had the opportunity to address.''
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    \1\ Nippon III at 5.
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    On February 23, 2004, the Commission issued its second remand 
determination on February 23, 2004. Tin- and Chromium-coated Steel 
Sheet from Japan, Inv. No. 731-TA-860, Pub No. 3674 (Final) (Second 
Remand) (Feb. 2004). The Commission again issued an affirmative injury 
determination. On October 14, 2004, the CIT issued an opinion 
discussing the Commission's second remand determination and directing 
the Commission to enter a negative current injury determination and to 
issue a remand determination on the issue of threat. Nippon Steel Corp. 
v. United States, Slip op. 04-131 (Oct. 14, 2004).

Written Submissions

    The Commission is not reopening the record in this third remand 
proceeding for submission of new factual information. The Commission 
will, however, permit the parties to file written submissions limited 
to the issue of whether the domestic industry is threatened with 
material injury by reason of the subject imports of tin- and chromium-
coated steel sheet from Japan. This submission must be filed with the 
Commission by November 15, 2004, shall not contain any new factual 
information, and shall not exceed 15 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 Sec. Sec. 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 Sec. 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 remand proceeding must be 
served on all other parties to the remand proceeding 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 interested parties in the prior remand 
proceedings and are parties in the appeal 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: November 5, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-25195 Filed 11-9-04; 8:45 am]
BILLING CODE 7020-02-P