[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51647-51648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se08-60]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1143 (Final)]
Small Diameter Graphite Electrodes 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-1143 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 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 small diameter graphite
electrodes, provided for in subheading 8545.11.00 of the Harmonized
Tariff Schedule of the United States.\1\
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as ``all small diameter
graphite electrodes of any length, whether or not finished, of a
kind used in furnaces, with a nominal or actual diameter of 400
millimeters (16 inches) or less, and whether or not attached to a
graphite pin joining system or any other type of joining system or
hardware. Small diameter graphite electrodes are most commonly used
in primary melting, ladle metallurgy, and specialty furnace
applications in industries including foundries, smelters, and steel
refining operations.''
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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).
DATES: Effective Date: August 21, 2008.
FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187 or
fred.ruggles@usitc.gov), Office of 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 small diameter graphite
electrodes 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 January
17, 2008, with the Commission and Commerce by SGL Carbon LLC,
Charlotte, NC, and Superior Graphite Co., Chicago, IL.
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 December
16, 2008, 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 January 6,
2009, 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 December 23, 2008. 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 December 30, 2008, 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
[[Page 51648]]
business 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 December 29, 2008. 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 January 13, 2009; 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, including statements of support or opposition to the
petition, on or before January 13, 2009. On January 29, 2009, 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 February 2, 2009, 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 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).
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
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.
By order of the Commission.
Issued: August 29, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-20496 Filed 9-3-08; 8:45 am]
BILLING CODE 7020-02-P