[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Notices]
[Pages 1242-1243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-187]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-991 (Final) (Remand)]


Silicon Metal From Russia; Notice and Scheduling of Remand 
Proceeding

AGENCY: 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 No. 731-TA-991 (Final) (Remand).

FOR FURTHER INFORMATION CONTACT: June B. Brown, Esq., Office of the 
General Counsel, telephone (202) 205-3042, or Diane Mazur, Office of 
Investigations, telephone (202) 205-3184, 500 E Street, SW., 
Washington, DC 20436, U.S. International Trade Commission. 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 March 2003, the Commission made a final affirmative 
determination in the referenced investigation. The determination was 
appealed to the U.S. Court of International Trade (CIT), which affirmed 
the Commission upon remand, and was then appealed to the U.S. Court of 
Appeals for the Federal Circuit, which vacated and remanded the 
Commission's determination. Bratsk Aluminum Smelter v. United States, 
444 F.3d 1369 (Fed. Cir. 2006). On August 17, 2006, the CIT issued an 
order remanding the case to the Commission to comply with the Federal 
Circuit's decision in Bratsk. By order of September 22, 2006, the 
remand proceeding was stayed upon the Commission's motion. On December 
22, 2006, the CIT issued an order lifting the stay and giving the 
Commission 90 days to issue its remand determination.
    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 
silicon metal 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

[[Page 1243]]

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 Bratsk Aluminum Smelter v. United States, Consol. Ct. No. 
03-00200) may participate as interested parties in this remand 
proceeding.

Nature of the Remand Proceeding

    On February 16, 2007, the Commission will make available to parties 
who are participating in the remand proceeding information that has 
been gathered by the Commission as part of this remand proceeding. 
These parties may file comments on or before February 27, 2007 on the 
legal issues raised in Bratsk with respect to non-subject imports and 
on the information on the record that is relevant to how the Commission 
addresses these issues in its remand determination. No additional new 
factual information may be included in such comments. Such comments 
shall not exceed 25 double-spaced pages.
    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.

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: January 4, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-187 Filed 1-9-07; 8:45 am]
BILLING CODE 7020-02-P