Ferrovanadium From China and South Africa, 67962-67965 [E7-23226]

Download as PDF mstockstill on PROD1PC66 with NOTICES 67962 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices countries in apparel articles receiving U.S. preferential treatment under AGOA, and also require the Commission to make determinations with regard to the extent that the quantity of fabric or yarn determined to be so available was so used. Section 112(c)(2)(C) of AGOA deemed denim fabric provided for in subheading 5209.42.00 of the Harmonized Tariff Schedule of the United States to be available in the amount of 30 million square meter equivalents for such purposes during the period October 1, 2006–September 30, 2007 (fiscal year 2007). Section 112(c)(2)(B)(iii) of AGOA now requires the Commission to determine the extent to which the denim fabric deemed to be available during fiscal year 2007 was used in the production of apparel articles receiving preferential treatment under AGOA that were entered during fiscal year 2007. The Commission expects to transmit its determination and report to the President and the U.S. Trade Representative on or before July 1, 2008. The Commission has also redesignated the recently completed investigation No. AGOA–07–001, Commercial Availability of Fabric & Yarns in AGOA Countries: Certain Denim, as investigation No. AGOA–001, Commission Publication 3950, September 2007. This change was made principally for the purpose of facilitating docketing and public searches through the Commission’s EDIS system. The Commission will institute a separate investigation in the near future for the purpose of gathering information and making determinations concerning whether such denim fabric will be available in commercial quantities during fiscal year 2009 for use in LDB SSA countries in the production of apparel articles receiving preferential treatment under AGOA, and if so, the quantity that will be available. This investigation will be designated as investigation No. AGOA–003. The Commission made similar determinations with respect to availability during fiscal year 2008 in recently completed investigation No. AGOA–001. Public Hearing: A public hearing in connection with this investigation will be held at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC, beginning at 9:30 a.m. on April 9, 2008. To facilitate attendance at the hearing by parties also interested in attending the hearing in investigation No. AGOA–003, the Commission will hold a consolidated hearing for both investigations. Requests to appear at the public hearing should VerDate Aug<31>2005 16:17 Nov 30, 2007 Jkt 214001 be filed with the Secretary, no later than 5:15 p.m., March 18, 2008, in accordance with the requirements in the ‘‘Submissions’’ section below. All prehearing briefs and statements should be filed not later than 5:15 p.m., March 21, 2008; and all post-hearing briefs and statements should be filed not later than 5:15 p.m., April 23, 2008. In the event that, as of the close of business on March 18, 2008, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant may call the Secretary to the Commission (202–205– 2000) after March 18, 2008, for information concerning whether the hearing will be held. Written Submissions: In lieu of or in addition to participating in the hearing, interested parties are invited to submit written statements concerning this investigation. All written submissions should be addressed to the Secretary. All written submissions (except for requests to appear at the hearing and pre- and post-hearing briefs and statements with earlier due dates) should be received not later than 5:15 p.m., April 28, 2008. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 requires that a signed original (or a copy so designated) and fourteen (14) copies of each document be filed. In the event that confidential treatment of a document is requested, at least four (4) additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http:// www.usitc.gov/secretary/ fed_reg_notices/rules/documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential business information be clearly PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of this investigation in the report it sends to the President and the U.S. Trade Representative. After transmitting its report, the Commission intends to publish a public version of its report, with any confidential business information deleted. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in the public version of the report in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: November 28, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–23356 Filed 11–30–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–986–987 (Review)] Ferrovanadium From China and South Africa United States International Trade Commission. ACTION: Institution of five-year reviews concerning the antidumping duty orders on ferrovanadium from China and South Africa. AGENCY: SUMMARY: The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on ferrovanadium from China and South Africa would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 08–5–177, expiration date June 30, 2008. Public reporting burden for the request is estimated to average 10 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. E:\FR\FM\03DEN1.SGM 03DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices consideration, the deadline for responses is January 22, 2008. Comments on the adequacy of responses may be filed with the Commission by February 15, 2008. For further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207). EFFECTIVE DATE: December 3, 2007. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired 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 these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On January 28, 2003, the Department of Commerce issued antidumping duty orders on imports of ferrovanadium from China and South Africa (68 FR 4168 and 4169). The Commission is conducting reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full reviews or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce. (2) The Subject Countries in these reviews are China and South Africa. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the VerDate Aug<31>2005 16:17 Nov 30, 2007 Jkt 214001 Subject Merchandise. In its original determinations, the Commission found a single Domestic Like Product consisting of ferrovanadium of all grades coextensive with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, the Commission defined a single Domestic Industry consisting of the U.S. producers of ferrovanadium, i.e., Bear Metallurgical Co.; Shieldalloy Metallurgical Corp.; and International Specialties Alloys. The Commission did not include tollees U.S. Vanadium Corp. and Gulf Chemical & Metallurgical Corp. in the Domestic Industry.2 (5) The Order Date is the date that the antidumping duty orders under review became effective. In these reviews, the Order Date is January 28, 2003. (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the reviews 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 reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. Former Commission employees who are seeking to appear in Commission five-year reviews are reminded that they are required, pursuant to 19 CFR 201.15, to seek Commission approval if the matter in which they are seeking to appear was pending in any manner or form during their Commission employment. The Commission’s designated agency ethics official has advised that a five-year review is the ‘‘same particular matter’’ as the underlying original investigation for 2 In its views in the original investigations, the Commission noted ‘‘While we recognize that these firms’ ferrovanadium-related production and other activities are substantial, these firms produce an intermediate product, vanadium pentoxide, but do not actually produce the domestic like product.’’ PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 67963 purposes of 19 CFR 201.15 and 18 U.S.C. 207, the post-employment statute for Federal employees. Former employees may seek informal advice from Commission ethics officials with respect to this and the related issue of whether the employee’s participation was ‘‘personal and substantial.’’ However, any informal consultation will not relieve former employees of the obligation to seek approval to appear from the Commission under its rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202–205–3088. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the reviews. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these reviews must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. Written submissions.—Pursuant to section 207.61 of the Commission’s rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is January 22, 2008. Pursuant to section 207.62(b) of the Commission’s rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct expedited or full reviews. The deadline for filing such comments is February 15, 2008. E:\FR\FM\03DEN1.SGM 03DEN1 mstockstill on PROD1PC66 with NOTICES 67964 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission’s rules, and any submissions that contain BPI must also conform with the requirements of sections 201.6 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). Also, in accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the reviews, you do not need to serve your response). Inability to provide requested information.—Pursuant to section 207.61(c) of the Commission’s rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determinations in the reviews. Information To Be Provided in Response to This Notice of Institution: If you are a domestic producer, union/ worker group, or trade/business association; import/export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term ‘‘firm’’ includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and Email address of the certifying official. (2) A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, VerDate Aug<31>2005 16:17 Nov 30, 2007 Jkt 214001 a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in these reviews by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the antidumping duty orders on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in the Subject Countries that currently export or have exported Subject Merchandise to the United States or other countries since the Order Date. (7) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2006 (report quantity data in pounds of contained vanadium and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); and (c) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s). (8) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country(ies), provide PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 the following information on your firm’s(s’) operations on that product during calendar year 2006 (report quantity data in pounds of contained vanadium and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (9) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2006 (report quantity data in pounds of contained vanadium and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; and (b) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (10) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries. (11) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. The Commission transmitted its determinations in these reviews to the Secretary of Commerce on November 28, 2007. The views of the Commission are contained in USITC Publication 3963 (November 2007), entitled Silicomanganese From India, Kazakhstan, and Venezuela: Investigation Nos. 731–TA–929–931 (Review). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. Notice Pursuant to the National Cooperative Research and Production Act of 1993—IMS Global Learning Consortium, Inc. By order of the Commission. Issued: November 26, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–23226 Filed 11–30–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–929–931 (Review)] Silicomanganese From India, Kazakhstan, and Venezuela mstockstill on PROD1PC66 with NOTICES Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on April 2, 2007 (72 FR 15726) and determined on July 6, 2007 that it would conduct expedited reviews (72 FR 52581, September 14, 2007). 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)). VerDate Aug<31>2005 16:17 Nov 30, 2007 Jkt 214001 By order of the Commission. Issued: November 28, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–23353 Filed 11–30–07; 8:45 am] 67965 Act on September 13, 2000 (65 FR 55283). The last notification was filed with the Department on August 7, 2007. A notice was published in the Federal Register pursuant to section 6(b) of the Act on September 11, 2007 (72 FR 51840). Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. 07–5898 Filed 11–30–07; 8:45 am] BILLING CODE 4410–11–M BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employment and Training Administration DEPARTMENT OF JUSTICE Antitrust Division [TA–W–62,243] Notice is hereby given that, on October 18, 2007, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301, et seq. (‘‘the Act’’), IMS Global Learning Consortium, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Icodeon Ltd., Cambridge, UNITED KINGDOM; Korea Education & Research Information Service (KERIS), Seoul, REPUBLIC OF KOREA; National Association of College Stores (NACS), Oberlin, OH; TIDIA Ae FAPESP Project, Sao Paulo, BRAZIL; and UOC— Universitat Oberta de Catalunya, Barcelona, SPAIN have been added as parties to this venture. Also, Apple Computer, Cupertino, CA has withdrawn as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and IMS Global Learning Consortium, Inc. intends to file additional written notifications disclosing all changes in membership. On April 7, 2000, IMS Global Learning Consortium, Inc. filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Electric Mobility Corporation; Sewell, NJ; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated November 19, 2007, the petitioner requested administrative reconsideration of the Department of Labor’s Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The denial notice was signed on November 1, 2007 and published in the Federal Register on November 15, 2007 (72 FR 64247). The initial investigation resulted in a negative determination based on the finding that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. In the request for reconsideration, the petitioner provided additional information regarding the subject firm’s employment. The Department has reviewed the workers’ request for reconsideration and the existing record, and has determined that an administrative review is appropriate. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor’s prior decision. The application is, therefore, granted. E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Pages 67962-67965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23226]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-986-987 (Review)]


Ferrovanadium From China and South Africa

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the antidumping 
duty orders on ferrovanadium from China and South Africa.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty orders on ferrovanadium from China and South Africa would be 
likely to lead to continuation or recurrence of material injury. 
Pursuant to section 751(c)(2) of the Act, interested parties are 
requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of

[[Page 67963]]

consideration, the deadline for responses is January 22, 2008. Comments 
on the adequacy of responses may be filed with the Commission by 
February 15, 2008. For further information concerning the conduct of 
these reviews 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, D, E, and F (19 
CFR part 207).
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 08-5-177, 
expiration date June 30, 2008. Public reporting burden for the 
request is estimated to average 10 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436.

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EFFECTIVE DATE: December 3, 2007.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 these reviews may be 
viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On January 28, 2003, the Department of Commerce issued 
antidumping duty orders on imports of ferrovanadium from China and 
South Africa (68 FR 4168 and 4169). The Commission is conducting 
reviews to determine whether revocation of the orders would be likely 
to lead to continuation or recurrence of material injury to the 
domestic industry within a reasonably foreseeable time. It will assess 
the adequacy of interested party responses to this notice of 
institution to determine whether to conduct full reviews or expedited 
reviews. The Commission's determinations in any expedited reviews will 
be based on the facts available, which may include information provided 
in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are China and South 
Africa.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission found a single Domestic Like Product 
consisting of ferrovanadium of all grades coextensive with Commerce's 
scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined a single Domestic Industry consisting of the U.S. 
producers of ferrovanadium, i.e., Bear Metallurgical Co.; Shieldalloy 
Metallurgical Corp.; and International Specialties Alloys. The 
Commission did not include tollees U.S. Vanadium Corp. and Gulf 
Chemical & Metallurgical Corp. in the Domestic Industry.\2\
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    \2\ In its views in the original investigations, the Commission 
noted ``While we recognize that these firms' ferrovanadium-related 
production and other activities are substantial, these firms produce 
an intermediate product, vanadium pentoxide, but do not actually 
produce the domestic like product.''
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    (5) The Order Date is the date that the antidumping duty orders 
under review became effective. In these reviews, the Order Date is 
January 28, 2003.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the reviews 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 reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are reminded that they are required, pursuant to 19 
CFR 201.15, to seek Commission approval if the matter in which they are 
seeking to appear was pending in any manner or form during their 
Commission employment. The Commission's designated agency ethics 
official has advised that a five-year review is the ``same particular 
matter'' as the underlying original investigation for purposes of 19 
CFR 201.15 and 18 U.S.C. 207, the post-employment statute for Federal 
employees. Former employees may seek informal advice from Commission 
ethics officials with respect to this and the related issue of whether 
the employee's participation was ``personal and substantial.'' However, 
any informal consultation will not relieve former employees of the 
obligation to seek approval to appear from the Commission under its 
rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy 
Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these reviews must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is January 22, 2008. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is February 15, 2008.

[[Page 67964]]

All written submissions must conform with the provisions of sections 
201.8 and 207.3 of the Commission's rules, and any submissions that 
contain BPI must also conform with the requirements of sections 201.6 
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). Also, in accordance with sections 201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the reviews must 
be served on all other parties to the reviews (as identified by either 
the public or APO service list as appropriate), and a certificate of 
service must accompany the document (if you are not a party to the 
reviews, you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act in making its 
determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries since the Order 
Date.
    (7) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2006 (report quantity data in pounds of 
contained vanadium and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s); and
    (c) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject 
Country(ies), provide the following information on your firm's(s') 
operations on that product during calendar year 2006 (report quantity 
data in pounds of contained vanadium and value data in U.S. dollars). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country(ies), provide the following information on your 
firm's(s') operations on that product during calendar year 2006 (report 
quantity data in pounds of contained vanadium and value data in U.S. 
dollars, landed and duty-paid at the U.S. port but not including 
antidumping duties). If you are a trade/business association, provide 
the information, on an aggregate basis, for the firms which are members 
of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production; and
    (b) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country since the Order Date, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of

[[Page 67965]]

production facilities used for other products and the use, cost, or 
availability of major inputs into production); and factors related to 
the ability to shift supply among different national markets (including 
barriers to importation in foreign markets or changes in market demand 
abroad). Demand conditions to consider include end uses and 
applications; the existence and availability of substitute products; 
and the level of competition among the Domestic Like Product produced 
in the United States, Subject Merchandise produced in each Subject 
Country, and such merchandise from other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: November 26, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-23226 Filed 11-30-07; 8:45 am]
BILLING CODE 7020-02-P