[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Notices]
[Page 28255-28256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-124]
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UNITED STATES INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1022 (Final)]
Refined Brown Aluminum Oxide From China
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1022 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b))
(the Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of less-than-fair-value imports from China of
refined brown aluminum oxide, provided for in subheading 2818.10.20 of
the Harmonized Tariff Schedule of the United States.\1\
For further information concerning the conduct of this phase of the
investigation, hearing procedures, 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, subparts A and C
(19 CFR part 207).
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as ``ground, pulverized
or refined artificial corundum, also known as brown aluminum oxide
or brown fused alumina, in grit size of \3/8\ inch or less. Excluded
from the scope of the investigation is crude artificial corundum in
which particles with a diameter greater than \3/8\ inch constitute
at least 50 percent of the total weight of the entire batch. The
scope includes brown artificial corundum in which particles with a
diameter greater than \3/8\ inch constitute less than 50 percent of
the total weight of the batch.''
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DATES: May 6, 2003.
FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of
[[Page 28256]]
Investigations, 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 for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov
.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of this investigation is being
scheduled as a result of an affirmative preliminary determination by
the Department of Commerce that imports of refined brown aluminum oxide
from China are being sold in the United States at less than fair value
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The
investigation was requested in a petition filed on November 20, 2002,
by Washington Mills Company, Inc., North Grafton, MA.\2\
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\2\ On November 27, 2002, the petition was amended to include
two additional petitioners, C-E Minerals, King of Prussia, PA, and
Treibacher Schleifmittel Corporation, Niagara Falls, NY.
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Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigation need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of this investigation
available to authorized applicants under the APO issued in the
investigation, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigation. A party granted access
to BPI in the preliminary phase of the investigation need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
this investigation will be placed in the nonpublic record on September
10, 2003, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of this investigation beginning at 9:30 a.m. on September
23, 2003, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before September 15, 2003. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on September 18, 2003, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is September 17, 2003. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is September 30, 2003; witness testimony must be filed no later
than three days before the hearing. In addition, any person who has not
entered an appearance as a party to the investigation may submit a
written statement of information pertinent to the subject of the
investigation on or before September 30, 2003. On October 15, 2003, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before October 17, 2003, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. 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 Fed. Reg. 68036 (November 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.
Authority: This investigation is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
Issued: May 19, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-12936 Filed 5-22-03; 8:45 am]
BILLING CODE 7020-02-P