[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Pages 2065-2066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-193]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-309-A and B and 731-TA-696 (Second Review)]


Pure and Alloy Magnesium From Canada and Pure Magnesium From 
China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of full five-year reviews concerning the 
countervailing duty orders on pure and alloy magnesium from Canada and 
the antidumping duty order on pure magnesium from China.

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SUMMARY: The Commission hereby gives notice of the scheduling of full 
reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the 
countervailing duty orders on pure and alloy magnesium from Canada and 
revocation of the antidumping duty order on pure magnesium from China 
would be likely to lead to continuation or recurrence of material 
injury within a reasonably foreseeable time. With respect to 
Investigations Nos. 701-TA-309-A and B, the Commission has determined 
to exercise its authority to extend the review period by up to 90 days 
pursuant to 19 U.S.C. 1675(c)(5)(B). For further information concerning 
the conduct of these reviews 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, D, E, and F (19 
CFR part 207).

DATES: Effective Date: January 4, 2006.

FOR FURTHER INFORMATION CONTACT: Fred Fischer (202-205-3179 or 
[email protected]), 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

[[Page 2066]]

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 reviews may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. On October 4, 2005, the Commission determined that 
responses to its notice of institution of the five-year reviews 
concerning pure and alloy magnesium from Canada were such that full 
reviews pursuant to section 751(c)(5) of the Act should proceed 
notwithstanding its finding that the respondent interested party group 
response to its notice of institution was inadequate (70 FR 60108, 
October 14, 2005).\1\ On December 5, 2005, the Commission determined 
that circumstances warranted conducting a full review of the order 
concerning pure magnesium from China, pursuant to section 751(c)(5) of 
the Act, notwithstanding its finding that the respondent interested 
party group response to its notice of institution was inadequate (70 
F.R. 75483, December 20, 2005).\2\ A record of the Commissioners' 
votes, the Commission's statements on adequacy, and any individual 
Commissioner's statements are available from the Office of the 
Secretary and at the Commission's Web site.
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    \1\ Commissioner Jennifer A. Hillman dissenting.
    \2\ Chairman Stephen Koplan and Commissioner Jennifer A. Hillman 
dissenting.
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    Participation in the reviews and public service lists. 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 these reviews 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, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notices of institution of the 
reviews need not file an additional notice of appearance. The Secretary 
will maintain public service lists containing the names and addresses 
of all persons, or their representatives, who are parties to the 
reviews.
    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 reviews available to authorized applicants under 
the APO issued in the reviews, provided that the application is made by 
45 days after publication of this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the reviews. A party granted access to BPI following 
publication of the Commission's notices of institution of the reviews 
need not reapply for such access. Separate service lists will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.
    Staff report. The prehearing staff report in the reviews will be 
placed in the nonpublic record on March 31, 2006, and a public version 
will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
reviews beginning at 9:30 a.m. on April 25, 2006, 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 April 18, 2006. 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 (if necessary) at 9:30 a.m. on April 
20, 2006, 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), 207.24, and 207.66 of 
the Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions. Each party to the reviews may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is April 11, 2006. 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 207.67 of the 
Commission's rules. The deadline for filing posthearing briefs is May 
4, 2006; 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 reviews may submit a written statement of 
information pertinent to the subject of the reviews on or before May 4, 
2006. On May 26, 2006, 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 May 
31, 2006, but such final comments must not contain new factual 
information and must otherwise comply with section 207.68 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 reviews must be served on 
all other parties to the reviews (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 reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: January 5, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-193 Filed 1-11-06; 8:45 am]
BILLING CODE 7020-02-P