[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21821-21822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10929]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-407 and 731-TA-902, 904, 905 (Review) 
(Remand)]


Hot-Rolled Steel Products From Kazakhstan, Romania, and South 
Africa

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its five-year review 
determinations in the countervailing duty and antidumping Investigation 
Nos. 701-TA-407 and 731-TA-902, 904, 905 concerning hot-rolled steel 
products from Kazakhstan, Romania, and South Africa. For further 
information concerning the conduct of this proceeding 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, subpart A (19 CFR part 207).

DATES:  May 4, 2009.

FOR FURTHER INFORMATION CONTACT: Mary Messer, Office of Investigations, 
telephone 202-205-3193, or Robin L. Turner, Office of General Counsel, 
telephone 202-205-3103, 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 of the 
underlying reviews (Investigation Nos. 701-TA-404-408 and 731-TA-898-
902 and 904-908 (Review)) may be viewed on the Commission's electronic 
docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--In October 2007, the Commission determined that 
revocation of the countervailing duty order on hot-rolled steel 
products from South Africa, and that revocation of the antidumping duty 
orders on hot-rolled steel products from Kazakhstan, Romania, and South 
Africa, would not be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. The Commission's determinations were appealed to the 
Court of International Trade (``CIT'' or ``Court''). On March 9, 2009, 
the Court issued a decision remanding the matter to the Commission for 
further proceedings. Nucor Corp. v. United States, Slip Op. 09-16 (Ct. 
Int'l Trade, March 9, 2009). In its opinion, the Court affirmed the 
Commission's cumulation analysis, but found that the Commission's 
conclusions concerning likely subject import volume, likely price 
effects, and likely impact were unsupported by substantial evidence. 
The Court instructed the Commission on remand to address six issues. In 
particular, it instructed the Commission to: (1) Re-evaluate its 
finding that the ArcelorMittal companies and/or Mittal USA would limit 
subject imports from the Mittal Companies; (2) reassess and further 
explain the basis for its findings that significant imports in any 
region of the country are likely to have a disruptive impact on the 
overall U.S. market; (3) reassess and further explain the behavior of 
ArcelorMittal and its predecessor, the Ispat organization, with respect 
to their business practices in exporting to countries in which they 
maintain production facilities; (4) reassess and further explain 
certain evidence the Court perceived contrary to the Commission's 
conclusion on likely subject import volume; (5) reassess likely price 
effects in accordance with its revised volume determination and; (6) 
reassess its likely impact analysis in accordance with its revised 
volume and price effects determinations, and to explain the poor 
performance of the domestic industry in the latter portion of the 
period of review.
    Participation in the proceeding.--Only those persons who were 
interested parties to the original reviews (i.e., persons listed on the 
Commission Secretary's service list) and were parties to the appeal may 
participate as parties in the remand proceeding as of right. Such 
persons need not re-file their appearance notices or protective order 
applications to participate in the remand proceeding. The Commission 
will consider permitting Mittal USA to participate as a party in the 
remand if it files a notice of appearance with the Commission by May 
11. Business proprietary information (``BPI'') referred to during the 
remand proceeding will be governed, as appropriate, by the 
administrative protective order issued in the original reviews.
    Written submissions.--The Commission is reopening the record to 
obtain additional information pertinent to the issues on which the 
Court has directed a remand. The Commission seeks additional 
information regarding the operations of ArcelorMittal, its affiliates 
including Mittal USA, and its predecessor companies including Ispat and 
Ispat Inland (collectively ``Mittal''). Specifically, the Commission 
seeks information concerning--
    (a) Mittal's policies and practices with respect to,
    (b) Mittal's evaluation of the economic incentives of, and
    (c) The possible market disruption of, shipping hot-rolled steel 
products produced by one Mittal company to the market in which another 
Mittal company is located, including the European Union and the United 
States. The specific questions are posted on the ITC's Internet site at 
http://www.usitc.gov/trade--remedy/731--ad--701--cvd/investigations/

[[Page 21822]]

completed/index.htm (under ``Hot-Rolled Steel Products'').
    The information should be in the form of documents or affidavits 
with specific evidence (and not theories) and must pertain to the 
period on or before October 2, 2007, the date on which the record 
closed in the reviews at issue. Documents submitted must have been in 
existence as of that date. Affidavits may be provided only by 
individuals having specific knowledge of the above-described issue as 
of that date, and must set forth the basis of the individual's 
knowledge. Parties need not re-submit documents or affidavits that are 
already part of the record of these reviews.
    No argument or commentary is permitted in these submissions.
    Business proprietary information included in your submission will 
be so treated by the Commission and will not be disclosed except as may 
be required by law.
    Submissions containing additional information must be submitted to 
the Commission no later than May 14, 2009. Questions concerning this 
request or other matters relating to the remand may be directed to Mary 
Messer (202-205-3193 or [email protected]) of the Commission's 
staff. Correspondence may be sent to the above address or via FAX to 
202-205-3205.
    In addition, the Commission will permit the parties to file 
comments pertaining to the inquiries that are the subject of the CIT's 
remand instructions and any new factual information. Comments should be 
limited to no more than fifteen (15) double-spaced and single-sided 
pages of textual material. The parties may not submit any new factual 
information in their comments and may not address any issue other than 
the inquiries that are the subject of the CIT's remand instructions. 
Any such comments must be filed with the Commission no later than May 
29, 2009.
    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 (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 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.
    Parties are also advised to consult with 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.

    Issued: May 5, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-10929 Filed 5-8-09; 8:45 am]
BILLING CODE 7020-02-P