[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74558-74559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21119]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-961 (Final) (Remand)]


Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago; 
Notice and Scheduling of Remand Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: The United States International Trade Commission (Commission) 
gives notice of the court-ordered remand of its final antidumping duty 
investigation, Investigation No. 731-TA-961 (Final) (Remand).

FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of 
the General Counsel, telephone (202) 205-3112, or Mary Messer, Office 
of Investigations, telephone (202) 205-3193, 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:

Reopening the Record

    In October 2002, the Commission made a final affirmative 
determination in the referenced investigation. 67 FR 66662 (Nov. 1, 
2002). Respondent appealed the determination to the U.S. Court of 
International Trade (CIT), which affirmed the Commission's 
determination. Caribbean Ispat Ltd. v. United States, Slip Op. 05-37 
(March 22, 2005). Respondent appealed to the U.S. Court of Appeals for 
the Federal Circuit, which vacated and remanded the Commission's 
determination. Caribbean Ispat Ltd. v. United States,

[[Page 74559]]

450 F.3d 1336 (Fed. Cir. 2006). On October 13, 2006, the CIT issued an 
order remanding the case to the Commission to comply with the Federal 
Circuit's decision in Caribbean Ispat and giving the Commission until 
January 12, 2007, to issue its remand determination. The Commission is 
seeking an extension of that deadline in order to allow the Commission 
to send out additional questionnaires to obtain further data relevant 
to the remand instructions. In the meantime, the Commission is 
proceeding based on the existing deadline, in accordance with the 
schedule set out below.
    In order to assist it in making its determination on remand, the 
Commission is reopening the record on remand in this investigation to 
include additional information on the role of non-subject imports of 
carbon and certain alloy steel wire rod in the U.S. market during the 
original period of investigation. The record in this proceeding will 
encompass the material from the record of the original investigation 
and additional information placed by Commission staff on the record 
during this remand proceeding.

Participation in the Proceeding

    Only those persons who were interested parties in the original 
administrative proceeding and are parties to the ongoing litigation 
(i.e., persons listed on the Commission Secretary's service list and 
parties to Caribbean Ispat Ltd. v. U.S., Court No. 05-1400) may 
participate as interested parties in this remand proceeding.

Nature of the Remand Proceeding

    On December 15, 2006, the Commission will make available to parties 
who participate in the remand proceeding information that has been 
gathered by the Commission as part of this remand proceeding. Parties 
that are participating in the remand proceeding may file comments on or 
before December 22, 2006, addressing the record facts as they relate to 
the question raised in the CIT's remand instructions. Such comments 
shall not exceed 25 double-spaced pages.
    In addition, 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 
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). 
Each document filed by a party participating in the remand 
investigation must be served on all other parties who may participate 
in the remand 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. 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.
    At this time, the Commission's remand determination is due to be 
submitted to the CIT on January 12, 2007. On December 4, 2006, the 
Commission filed a motion with that Court to extend the time to file 
its remand determination until March 12, 2006. In the event the CIT 
grants the motion, or otherwise modifies the date on which the 
Commission's remand determination is due to the Court, the Commission 
intends to issue an amended notice and schedule.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and BPI Service List

    Information obtained during the remand investigation will be 
released to the referenced parties, as appropriate, under the 
administrative protective order (APO) in effect in the original 
investigation. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO in 
this remand investigation.

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

    By order of the Commission.
    Issued: December 7, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-21119 Filed 12-11-06; 8:45 am]
BILLING CODE 7020-02-P