Hard Red Spring Wheat From Canada; Notice of Revised Schedule for Remand Proceeding, 42381-42382 [05-14482]

Download as PDF Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Notices Steel from Italy and Japan, Invs. Nos. 701–TA–355 and 731–TA–659–660 (Review) USITC Pub. 3396 (February 2001). The Commission’s determinations were appealed to the U.S. Court of International Trade (‘‘Court’’). On December 24, 2002, the Court remanded the Commission’s determinations on the grounds that the Commission did not apply the correct ‘‘likely’’ standard; that the Commission failed to specifically discuss each of the four factors outline in 19 U.S.C 1675a(a)(2)(A)–(D); and that the Commission failed to discuss whether the likely volume of imports of subject merchandise would be significant in absolute terms or relative to U.S. production and consumption, pursuant to 19 U.S.C. 1675a(a)a92). Nippon Steel Crop., et al. v United States, Slip Op 02– 153 (December 24, 2002). On first remand, the Commission again found that revocation of the countervailing duty order on GOES from Italy, and the antidumping duty orders on GOES from Italy and Japan would be likely to lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. GrainOriented Silicon Electrical Steel from Italy and Japan, Invs. Nos. 701–TA–355 and 731–TA–659–660 (Remand) (Review), USITC Pub. 3585 (March 2003). On December 17, 2003, the Court issued an opinion remanding the Commission’s first remand determination. Nippon Steel Crop., et al, v. United States, 301 F. Supp 1355 (CIT 2003). Specifically, the Court remanded the Commission’s no discernible adverse impact, cumulation, likely volume, likely price and likely impact findings for reconsideration. On second remand, the Commission found that revocation of the countervailing duty order on GOES from Italy, and the antidumping duty orders on GOES from Italy and Japan, would be likely to lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. GrainOriented Silicon Electrical Steel from Italy and Japan, Inv. Nos. 701–TA–355 and 731–TA–659–660 (Review) (Remand), USITC Pub. 3650 (Mar. 2004). On June 15, 2005, the Court issued an opinion affirming in part and remanding in part, the Commission’s affirmative sunset determination on second remand Specifically, the court affirmed the Commission’s determination with respect to discernible adverse impact, cumulation, and likely price effects. However, the court remanded the commission’s likely volume and likely VerDate jul<14>2003 19:28 Jul 21, 2005 Jkt 205001 adverse impact determinations to the Commission with an order to take further action consistent with its instructions. The Commission is directed to issue its remand determination within 90 days of the issuance of the Court’s decision i.e., by September 13, 2005. Reopening the Record In order to assist it in making its determination on third remand, the Commission is reopening the record in this investigation to seek additional information with respect to certain of the instructions provided by the Court. Participation in the Remand Proceedings Only those interested parties who were parties to the original investigations (i.e., persons listed on the Commission Secretary’s service list) may participate in this remand proceeding. No additional filings with the Commission will be necessary for these parties to participate in the remand proceeding. Business proprietary information (BPI) obtained during the remand proceeding will be governed, as appropriate, by the administrative protective order (APO) issued in the original investigations. (Parties who participated in the original investigation, if no longer covered by the APO, are directed to contact the Commission Secretary.) Written Submissions Information obtained during the remand investigation will be released to the parties under the administrative protective order (‘‘APO’’) issued in the original investigations on or about July 28, 2005. The third remand staff report will be placed in the nonpublic record on August 8, 2005, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Parties that are participating in the remand proceedings may file comments on or before August 15, 2005 with respect to how the record, as supplemented, bears on the issues presented by the panel’s remand instructions. No additional factual information may be included in such comments. Comments shall not exceed 20 pages of textual material, double-spaced and single-sided, on stationery measuring 81⁄2 × 11 inches. All written submissions must conform withe 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 42381 rules. The Commission 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 (Nov. 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 investigations must be served on all other parties to the investigations (as identified by either the public or updated 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. Authority: This action is taken under the authority of the Tariff Act of 1930, title VII. Issued: July 18, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–14483 Filed 7–21–05; 8:45 am] BILLING CODE 7020–02–M INTERNATIONAL TRADE COMMISSION [Inv. Nos. 701–TA–430B– and 731–TA– 1019B] Hard Red Spring Wheat From Canada; Notice of Revised Schedule for Remand Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: The U.S. International Trade Commission (the Commission) hereby gives notice of a revised schedule for the proceedings in the remand investigation ordered by a binational panel established under Article 1904 of the North American Free trade Agreement (NAFTA) in Hard Red Spring Wheat from Canada, Inv. Nos. 701–TA–430B and 731–TA–1019B (Final). FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise, Office of Investigations, telephone 202–708–5408 or Michael Diehl, Esq., Office of the General Counsel, telephone (202) 205– 3095, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons are advised that E:\FR\FM\22JYN1.SGM 22JYN1 42382 Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Notices information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). SUPPLEMENTARY INFORMATION: Background In October 2003, the Commission determined, by a two-to-two vote, that an industry in the United States was materially injured by reason of subject imports of hard red spring wheat from Canada. On June 7, 2005, a binational panel formed under Article 1904 of the NAFTA issued a decision in its review of the Commission’s determination. The panel remanded the determination to the Commission to issue its remand determination within 90 days of the issuance of the Panel’s decision, i.e., by September 6, 2005. On July 6, 2005, the Commission published in the Federal Register (70 FR 38981) a notice of the remand proceeding, of the Commission’s decision to reopen the administrative record, and of the schedule for written submissions. On July 7, 2005, the Panel granted a consent motion to extend the time period for filing the remand determination by 30 days to October 5, 2005. Participation in the Remand Proceedings Parties are referred to the Commission’s July 6, 2005 notice with respect to participation in the remand proceedings. Revised Schedule for Written Submissions Given the extension of time granted by the Panel, the schedule for written submissions is revised as follows. Information obtained during the remand investigation will be released to the parties under the administrative protective order (‘‘APO’’) issued in the original investigations on or about July 22, 2005. The remand staff report will be placed in the nonpublic record on August 16, 2005, and a public version will be issued thereafter, pursuant to Section 207.22 of the Commission’s rules. Parties that are participating in the remand proceedings may file comments by August 23, 2005 with respect to how the record, as supplemented, bears on the issues presented by the Panel’s remand instructions. No additional VerDate jul<14>2003 19:28 Jul 21, 2005 Jkt 205001 factual information may be included in such comments. Comments shall not exceed 30 pages of textual material, double-spaced and single-sided, on stationery measuring 81⁄2 × inches. Parties that are participating in the remand proceedings may also file final comments on or before September 2, 2005. Final comments are limited to providing commentary on party comments filed by August 23, 2005 and with respect to new information, if any, released on or after August 23, 2005. No additional factual information may be included in such final comments. Final comments shall not exceed 15 pages of textual material, double-spaced and single-sided, on stationery measuring 81⁄2 × 11 inches. 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 rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except to the extend permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (Nov. 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 investigations must be served on all other parties to the investigations (as identified by either the public or updated 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. Authority: This action is taken under the authority of the Tariff Act of 1930, title VII. By order of the Commission. Issued: July 18, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–14482 Filed 7–21–05; 8:45 am] BILLING CODE 7020–02–M PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION Summary of Commission Practice Relating to Administrative Protective Orders U.S. International Trade Commission ACTION: Summary of Commission practice relating to administrative protective orders. AGENCY: SUMMARY: Since February 1991, the U.S. International Trade Commission (‘‘Commission’’) has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (‘‘APOs’’) in investigations under Title VII of the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under Title VII and violations of the Commission’s rules including the rule on bracketing business proprietary information (‘‘BPI’’) (the ‘‘24-hour rule’’), 19 CFR 207.3(c). This notice provides a summary of investigations of breaches in proceedings under Title VII, section 421 of the Trade Act of 1974, as amended, and section 337 of the Tariff Act of 1930, as amended, completed during calendar year 2004. There were no completed investigations of 24-hour rule violations during that period, but there were two violations of Commission rule 210.34(d), the requirement that APO signatories inform the Commission in writing immediately upon learning that there has been a court order or discovery request for confidential business information (‘‘CBI’’) that has been released to signatories under an APO. The Commission intends that this report educate representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken. FOR FURTHER INFORMATION CONTACT: Carol McCue Verratti, Esq., Office of the General Counsel, U.S. International Trade Commission, telephone (202) 205–3088. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal at (202) 205–1810. General information concerning the Commission can also be obtained by accessing its Internet server (http://www.usitc.gov). E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Notices]
[Pages 42381-42382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14482]


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INTERNATIONAL TRADE COMMISSION

[Inv. Nos. 701-TA-430B- and 731-TA-1019B]


Hard Red Spring Wheat From Canada; Notice of Revised Schedule for 
Remand Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: The U.S. International Trade Commission (the Commission) 
hereby gives notice of a revised schedule for the proceedings in the 
remand investigation ordered by a binational panel established under 
Article 1904 of the North American Free trade Agreement (NAFTA) in Hard 
Red Spring Wheat from Canada, Inv. Nos. 701-TA-430B and 731-TA-1019B 
(Final).

FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise, Office of 
Investigations, telephone 202-708-5408 or Michael Diehl, Esq., Office 
of the General Counsel, telephone (202) 205-3095, U.S. International 
Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-
impaired persons are advised that

[[Page 42382]]

information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: 

Background

    In October 2003, the Commission determined, by a two-to-two vote, 
that an industry in the United States was materially injured by reason 
of subject imports of hard red spring wheat from Canada. On June 7, 
2005, a binational panel formed under Article 1904 of the NAFTA issued 
a decision in its review of the Commission's determination. The panel 
remanded the determination to the Commission to issue its remand 
determination within 90 days of the issuance of the Panel's decision, 
i.e., by September 6, 2005.
    On July 6, 2005, the Commission published in the Federal Register 
(70 FR 38981) a notice of the remand proceeding, of the Commission's 
decision to reopen the administrative record, and of the schedule for 
written submissions.
    On July 7, 2005, the Panel granted a consent motion to extend the 
time period for filing the remand determination by 30 days to October 
5, 2005.

Participation in the Remand Proceedings

    Parties are referred to the Commission's July 6, 2005 notice with 
respect to participation in the remand proceedings.

Revised Schedule for Written Submissions

    Given the extension of time granted by the Panel, the schedule for 
written submissions is revised as follows. Information obtained during 
the remand investigation will be released to the parties under the 
administrative protective order (``APO'') issued in the original 
investigations on or about July 22, 2005. The remand staff report will 
be placed in the nonpublic record on August 16, 2005, and a public 
version will be issued thereafter, pursuant to Section 207.22 of the 
Commission's rules.
    Parties that are participating in the remand proceedings may file 
comments by August 23, 2005 with respect to how the record, as 
supplemented, bears on the issues presented by the Panel's remand 
instructions. No additional factual information may be included in such 
comments. Comments shall not exceed 30 pages of textual material, 
double-spaced and single-sided, on stationery measuring 8\1/2\ x 
inches.
    Parties that are participating in the remand proceedings may also 
file final comments on or before September 2, 2005. Final comments are 
limited to providing commentary on party comments filed by August 23, 
2005 and with respect to new information, if any, released on or after 
August 23, 2005. No additional factual information may be included in 
such final comments. Final comments shall not exceed 15 pages of 
textual material, double-spaced and single-sided, on stationery 
measuring 8\1/2\ x 11 inches.
    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 rules do not authorize filing submissions with the Secretary 
by facsimile or electronic means, except to the extend permitted by 
section 201.8 of the Commission's rules, as amended, 67 FR 68036 (Nov. 
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 investigations must be 
served on all other parties to the investigations (as identified by 
either the public or updated 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.

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

    By order of the Commission.

    Issued: July 18, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-14482 Filed 7-21-05; 8:45 am]
BILLING CODE 7020-02-M