[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53252-53253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17658]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1090 (Final)]


Superalloy Degassed Chromium From Japan

AGENCY: International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping duty 
investigation.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1090 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether 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 
less-then-fair-value imports from Japan of superalloy degassed chromium 
(``SD chromium''), provided for in subheading 8112.21.00 of the 
Harmonized Tariff Schedule of the United States.\1\
---------------------------------------------------------------------------

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``all forms, sizes, 
and grades of superalloy degassed chromium from Japan. Superalloy 
degassed chromium is a high-purity form of chrome metal that 
contains at least 99.5 percent, but less than 99.95 percent, 
chromium. Superalloy degassed chromium contains very low levels of 
certain gaseous elements and other impurities (typically no more 
than 0.005 percent nitrogen, 0.005 percent sulphur, 0.05 percent 
oxygen, 0.01 percent aluminum, 0.05 percent silicon, and 0.35 
percent iron). Superalloy degassed chromium is generally sold in 
briquetted form, as ``pellets'' or ``compacts,'' which typically are 
1\1/2\ inches x 1 inch x 1 inch or smaller in size and have a smooth 
surface. Superalloy degassed chromium currently is classifiable 
under subheading 8112.21.00 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). This investigation covers all chromium 
meeting the above specifications regardless of tariff 
classification.
    Certain higher-purity and lower-purity chromium products are 
excluded from the scope of this investigation. Specifically, the 
scope of the investigation does not cover electronics-grade 
chromium, which contains a higher percentage of chromium (typically 
not less than 99.95 percent), a much lower level of iron (less than 
0.05 percent), and lower levels of other impurities than superalloy 
degassed chromium. The investigation also does not cover ``vacuum 
melt grade'' (``VMG'') chromium, which normally contains at least 
99.4 percent chromium and contains a higher level of one or more 
impurities (nitrogen, sulphur, oxygen, aluminum and/or silicon) than 
specified above for superalloy degassed chromium.''
---------------------------------------------------------------------------

    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, 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 C 
(19 CFR part 207).

DATES: Effective date: August 18, 2005.

FOR FURTHER INFORMATION CONTACT: Megan Spellacy (202) 205-3190, 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 this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--The final phase of this 
investigation is being scheduled as a result of an affirmative 
preliminary determination by the Department of Commerce that imports of 
superalloy

[[Page 53253]]

degassed chromium from Japan are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigation was requested in a petition filed on 
March 4, 2005, by Eramet Marietta Inc., Marietta, OH, and the Paper, 
Allied-Industrial, Chemical and Energy Workers International Union, 
Local 5-0639, Belpre, OH.
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    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 the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on October 
20, 2005, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on November 3, 
2005, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before October 24, 2005. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on October 28, 2005, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is October 27, 2005. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is November 10, 2005; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigation may submit a 
written statement of information pertinent to the subject of the 
investigation, including statements of support or opposition to the 
petition, on or before November 10, 2005. On November 28, 2005, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 30, 2005, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain 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 (November 8, 2002). Even where 
electronic filing of a document is permitted, certain documents must 
also be filed in paper form, as specified in II (C) of the Commission's 
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 
8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
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 investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-17658 Filed 9-6-05; 8:45 am]
BILLING CODE 7020-02-P