[Federal Register: June 4, 1998 (Volume 63, Number 107)]
[Notices]               
[Page 30513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn98-91]


[[Page 30513]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 731-TA-698 (Remand)]

 
Magnesium From Ukraine; Notice and Scheduling of Remand 
Proceedings

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The U.S. International Trade Commission (the Commission) 
hereby gives notice of the remand of its final antidumping 
investigation No. 731-TA-698 (Final) for reconsideration in light of 
the order of the Court of International Trade.

EFFECTIVE DATE: June 4, 1998.

FOR FURTHER INFORMATION CONTACT: Olympia Hand, Office of 
Investigations, telephone 202-205-3193, Michael Diehl, Office of 
General Counsel, telephone 202-205-3095, or Rhonda M. Hughes, Office of 
General Counsel, telephone 202-205-3083, 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.

SUPPLEMENTARY INFORMATION:

Background

    On April 28, 1998, the Court of International Trade issued a remand 
Order to the Commission in Gerald Metals, Inc. v. United States, Ct. 
No. 95-06-00782, Slip. Op. 98-56. The case involved review of the 
Commission's May 1995 affirmative material injury determination in 
Magnesium from Ukraine, Inv. No. 731-TA-698 (Final). The CIT ordered 
the Commission to reconsider its final determination in a way that is 
consistent with the legal standard articulated by the Court of Appeals 
for the Federal Circuit (``CAFC'') in Gerald Metals, Inc. v. United 
States, 132 F.3d 716 (Fed. Cir. 1997) and that takes into account the 
fairly traded Russian imports of pure magnesium and the increase in the 
market share of those imports during the period of review.

Reopening Record

    In order to assist it in making its determination on remand, the 
Commission is reopening the record on remand in this investigation to 
seek information regarding imports of fairly traded Russian pure 
magnesium, and to permit parties to file briefs.

Participation in the Proceedings

    Only those persons who were interested parties to the original 
administrative proceedings (i.e., persons listed on the Commission 
Secretary's service list) may participate in these remand proceedings.

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 parties under the administrative protective order (``APO'') 
in effect in the original investigation. Pursuant to section 207.7(a) 
of the Commission's rules, the Secretary will make business proprietary 
information gathered in the final investigation and this remand 
investigation available to additional authorized applicants, that are 
not covered under the original APO, provided that the application is 
made not later than seven (7) days after publication of the 
Commission's notice of reopening the record on remand in the Federal 
Register. Applications must be filed for persons on the Judicial 
Protective Order in the related CIT case, but not covered under the 
original APO. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO in 
this remand investigation.

Written Submissions

    Briefs should be concise, and thoroughly referenced to information 
on the record in the original investigation or information obtained 
during the remand investigation. The briefs should be limited to the 
following issues: (1) the legal standard articulated by the CAFC in 
Gerald Metals v. United States, 132 F.3d 716 (Fed. Cir. 1997); and (2) 
the extent and significance of the substitutability of the fairly 
traded and LTFV Russian imports. Written briefs shall be limited to 
twenty (20) pages, and must be filed no later than close of business on 
June 12, 1998. No further submissions will be permitted unless 
otherwise ordered by the Commission.
    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. In 
accordance with sections 201.16(c) and 207.3 of the 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.

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

    Issued: May 29, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-14866 Filed 6-3-98; 8:45 am]
BILLING CODE 7020-02-P