[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 7997-7998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2070]


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INTERNATIONAL TRADE COMMISSION

[Inv. Nos. 701-TA-309-A-B and 731-TA-528 (Review) (Remand)]


Magnesium From Canada; Notice and Scheduling of Remand Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice that it is inviting the parties to the North 
American Free Trade Agreement (NAFTA) Chapter 19 panel proceeding in 
Magnesium from Canada, USA-CDA-00-1904-09, to file comments in the 
remand proceeding ordered by the NAFTA binational panel.

FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the 
General Counsel, telephone (202) 205-3094, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810. The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    On July 16, 2002, a NAFTA Panel remanded the Commission's 
affirmative sunset review determination in Magnesium from Canada, Inv. 
Nos. 701-TA-309-A-B and 731-TA-528 (Review), USITC Pub. 3324 (July 
2000). In response, the Commission submitted a remand determination to 
the Panel in October 2002. On January 17, 2006, the NAFTA Panel 
affirmed in part and

[[Page 7998]]

remanded in part the Commission's 2002 remand determination. The Panel 
remanded the determination to the Commission with an order to take 
further action consistent with its instructions. The Commission is 
directed to issue its remand determination within 60 days of the 
issuance of the Panel's decision, i.e., by March 17, 2006.

Participation in the Remand Proceedings

    Only the parties to the NAFTA Chapter 19 panel proceeding may 
participate in this remand proceeding. No additional filings with the 
Commission will be necessary for these parties to participate in the 
remand proceeding. Business proprietary information (``BPI'') referred 
to during the remand proceeding will be governed, as appropriate, by 
the administrative protective order issued in the sunset reviews.

Written Submissions

    The Commission invites the parties to the NAFTA Chapter 19 panel 
proceeding to file comments on or before February 21, 2006, with 
respect to how the record bears on the Panel's instruction that the 
Commission ``provide further reasoned analysis supported by substantial 
evidence on the record, including any factual evidence not referred to 
in its Views on Remand, as to the conclusion that Magnola would enter 
the market by underselling in order to establish export volumes that 
would be significant in relation to anticipated demand increases.''
    These comments must be limited to the precise issue in the Panel's 
remand instruction quoted above, and must be based solely on the 
information already in the Commission's record and may not include 
additional factual information. Comments shall not exceed fifteen (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 BPI must 
also conform with the requirements of sections 201.6, 207.3, and 207.7 
of the Commission's rules. The Commission rules do not authorize filing 
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 NAFTA Chapter 19 panel 
proceeding must be served on all other such parties, 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.

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

    By order of the Commission.

    Issued: February 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-2070 Filed 2-14-06; 8:45 am]
BILLING CODE 7020-02-P