[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Page 49889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23388]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-468 and 731-TA-1166-1167 (Preliminary)]


Certain Magnesia Carbon Bricks From China and Mexico

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to sections 703(a) and 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 1673b(a)) (the 
Act), that there is a reasonable indication that an industry in the 
United States is materially injured,\2\ or threatened with material 
injury \3\ by reason of imports from China and Mexico of certain 
magnesia carbon bricks, provided for in subheadings 6902.10.10, 
6902.10.50, 6815.91.00, and 6815.99.00 of the Harmonized Tariff 
Schedule of the United States, that are alleged to be sold in the 
United States at less than fair value (LTFV) and subsidized by the 
Government of China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner Charlotte R. Lane, Commissioner Irving A. 
Williamson, and Commissioner Dean A. Pinkert determine that there is 
a reasonable indication that an industry in the United States is 
materially injured by reason of imports of certain magnesia carbon 
bricks from China and Mexico.
    \3\ Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, 
and Commissioner Deanna Tanner Okun determine that there is a 
reasonable indication that an industry in the United States is 
threatened with material injury by reason of imports of certain 
magnesia carbon bricks from China and determine that there is no 
reasonable indication that an industry in the United States is 
materially injured or threatened with material injury, or that the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from Mexico of certain magnesia 
carbon bricks.
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Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of affirmative preliminary 
determinations in these investigations under sections 703(b) and 733(b) 
of the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) and 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
Industrial users, and, if the merchandise under investigation is sold 
at the retail level, representative consumer organizations have the 
right to appear as parties in Commission antidumping and countervailing 
duty investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On July 29, 2009, a petition was filed with the Commission and 
Commerce by Resco Products Inc., Pittsburgh, PA, alleging that an 
industry in the United States is materially injured or threatened with 
material injury by reason of subsidized imports of certain magnesia 
carbon bricks from China and LTFV imports of certain magnesia carbon 
bricks from China and Mexico. Accordingly, effective July 29, 2009, the 
Commission instituted countervailing duty investigation No. 701-TA-468 
(Preliminary) and antidumping duty investigation Nos. 731-TA-1166-1167 
(Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of August 10, 2009 (74 FR 39969). The 
conference was held in Washington, DC, on August 19, 2009, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on September 14, 2009. The 
views of the Commission are contained in USITC Publication 4100 
(September 2009), entitled Certain Magnesia Carbon Bricks from China 
and Mexico: Investigation Nos. 701-TA-468 and 731-TA-1166-1167 
(Preliminary).

    By order of the Commission.

    Issued: September 22, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-23388 Filed 9-28-09; 8:45 am]
BILLING CODE 7020-02-P