[Federal Register: January 10, 2007 (Volume 72, Number 6)]
[Notices]
[Page 1242-1243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja07-65]
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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
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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