Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago, 21658-21659 [2010-9538]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES 21658 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices 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 28, 2010, 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), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party to the review may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is September 24, 2010. 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 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is October 15, 2010; 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 review may submit a written statement of information pertinent to the subject of the review on or before October 15, 2010. On November 10, 2010, 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 November 16, 2010, but such final comments must not contain new factual information and must otherwise comply with section 207.68 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 VerDate Nov<24>2008 16:56 Apr 23, 2010 Jkt 220001 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 review must be served on all other parties to the review (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 review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: April 20, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–9537 Filed 4–23–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–961 (Final) (Second Remand)] Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago AGENCY: United States International Trade Commission. ACTION: Notice of remand proceedings. SUMMARY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered second remand of its final determination in the antidumping duty Investigation No. 731–TA–961 concerning carbon and certain alloy steel wire rod (‘‘wire rod’’) from Trinidad and Tobago. For further information concerning the conduct of this proceeding 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, subpart A (19 CFR part 207). DATES: Effective Date: April 20, 2010. FOR FURTHER INFORMATION CONTACT: Mary Messer, Office of Investigations, telephone 202–205–3193, or Marc A. Bernstein, Office of General Counsel, telephone 202–205–3087, U.S. International Trade Commission, 500 E PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 of Investigation No. 731–TA–961 may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—In October 2002, the Commission determined that a domestic industry was materially injured by reason of imports of wire rod from Trinidad and Tobago that were sold in the United States at less than fair value. Caribbean Ispat Ltd., a Trinidadian producer and exporter of wire rod now known as Mittal Steel Point Lisas, Ltd., initiated a judicial action to review the Commission’s determination. The Court of International Trade affirmed the Commission’s determination. Caribbean Ispat Ltd. v. United States, 366 F. Supp. 1300 (Ct. Int’l Trade 2005). The United States Court of Appeals for the Federal Circuit vacated and remanded. Caribbean Ispat Ltd. v. United States, 450 F.3d 1336 (Fed. Cir. 2006). It ruled: (1) That the Commission acted contrary to law by failing to consider in its causation analysis concerning subject imports from Trinidad and Tobago the impact of imports from other subject countries which the Commission was statutorily precluded from cumulating with the Trinidadian imports; and (2) that the Commission’s causation analysis did not satisfy the requirements the Federal Circuit previously articulated in Bratsk Aluminum Smelter v. United States, 444 F.3d 1369 (Fed. Cir. 2006). The Federal Circuit remanded the matter for further consideration in light of its opinion. Accordingly, the Court of International Trade remanded the matter to the Commission. In January 2007, the Commission reached a negative determination on remand. The Court of International Trade affirmed the remand determination. Mittal Steel Point Lisas, Ltd. v. United States, 495 F. Supp.2d 1374 (Ct. Int’l Trade 2007). The Federal Circuit vacated and remanded in a decision issued in September 2008. Mittal Steel Point Lisas, Ltd. v. United States, 542 F.3d 867 (Fed. Cir. 2008). It found three deficiencies in the Commission opinion on remand. These E:\FR\FM\26APN1.SGM 26APN1 sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices concerned: (1) The Commission’s construction and application of the causation standard articulated in Bratsk and Caribbean Ispat with respect to its analysis of material injury by reason of subject imports; (2) the Commission’s analysis of whether wire rod was a ‘‘commodity product’’ for purposes of performing the type of ‘‘replacement/ benefit’’ analysis that the Federal Circuit endorsed in Bratsk; and (3) the Commission’s construction and application of the causation standard with respect to its analysis of threat of material injury by reason of subject imports. The matter was consequently remanded to the Court of International Trade. On March 29, 2010, the Court of International Trade remanded the matter to the Commission, directing the Commission ‘‘to attempt to comply with the [Federal Circuit’s] reasoning, as set forth in its foregoing, more recent opinion, and to report to this court any results of this mandated remand.’’ Participation in the proceeding.— Only those persons who were interested parties to the original investigation (i.e., persons listed on the Commission Secretary’s service list) and were parties to the underlying Mittal litigation may participate in the remand proceeding. Such persons need not re-file their appearance notices or protective order applications to participate in the remand proceeding. Business proprietary information (‘‘BPI’’) referred to during the remand proceeding will be governed, as appropriate, by the administrative protective order issued in the original investigation. Written submissions.—The Commission is not reopening the record in this remand proceeding. The Commission will permit the parties to file written comments. Comments should be limited to no more than twenty-five (25) double-spaced and single-sided pages of textual material, may not contain new factual information, and may address only the following issues within the scope of the remand: (1) whether the information in the record would support a determination of material injury or threat of material injury by reason of subject imports under the causation standard the Federal Circuit articulated in sections II.B. and C. of the Mittal opinion; and (2) whether wire rod is a ‘‘commodity product’’ pursuant to the standards the Federal Circuit has authorized the Commission to apply pursuant to section II.A. of the Mittal opinion. Any such comments must be filed with the Commission no later than May 7, 2010. All written submissions must conform with the provisions of section 201.8 of VerDate Nov<24>2008 16:56 Apr 23, 2010 Jkt 220001 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 (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 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. Parties are also advised to consult with 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. By order of the Commission. Issued: April 20, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–9538 Filed 4–23–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–10–012] Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: April 29, 2010 at 9:30 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436. Telephone: (202) 205–2000. STATUS: Open to the public. AGENCY HOLDING THE MEETING: Matters to be considered: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 701–TA–437 and 731– TA–1060–1061 (Review) (Carbazole Violet Pigment 23 from China and India)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before May 10, 2010.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 21659 disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: April 22, 2010. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2010–9770 Filed 4–22–10; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL BOUNDARY AND WATER COMMIISSION UNITED STATES AND MEXICO; UNITED STATES SECTION Notice of Availability of a Draft Environmental Assessment and Finding of No Significant Impact for Arroyo Colorado South Levee Rehabilitation Project in Cameron and Hidalgo Counties, TX AGENCY: United States Section, International Boundary and Water Commission, United States and Mexico (USIBWC). ACTION: Notice of Availability of Draft Environmental Assessment (EA) and Draft Finding of No Significant Impact (FONSI). SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, the Council on Environmental Quality Final Regulations (40 CFR Parts 1500 through 1508), and the United States Section‘s Operational Procedures for Implementing Section 102 of NEPA, published in the Federal Register September 2, 1981, (46 FR 44083); the USIBWC hereby gives notice of availability of the Draft Environmental Assessment and FONSI for Arroyo Colorado South Levee Rehabilitation Project located in Cameron and Hidalgo Counties, Texas are available. An environmental impact statement will not be prepared unless additional information which may affect this decision is brought to our attention within 30 days from the date of this Notice. FOR FURTHER INFORMATION CONTACT: Lisa Santana, Environmental Protection Specialist, Environmental Management Division, United States Section, International Boundary and Water Commission; 4171 N. Mesa, C–100; El Paso, Texas 79902. Telephone: (915) 832–4707; e-mail: lisa.santana@ibwc.gov. DATES: Comments on the Draft EA and Draft FONSI will be accepted through May 26, 2010. Availability: Single hard copies of the Draft Environmental Assessment and E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Pages 21658-21659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9538]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-961 (Final) (Second Remand)]


Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

-----------------------------------------------------------------------

SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered second remand of its final 
determination in the antidumping duty Investigation No. 731-TA-961 
concerning carbon and certain alloy steel wire rod (``wire rod'') from 
Trinidad and Tobago. For further information concerning the conduct of 
this proceeding 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, subpart A (19 CFR part 207).

DATES: Effective Date: April 20, 2010.

FOR FURTHER INFORMATION CONTACT: Mary Messer, Office of Investigations, 
telephone 202-205-3193, or Marc A. Bernstein, Office of General 
Counsel, telephone 202-205-3087, 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 of 
Investigation No. 731-TA-961 may be viewed on the Commission's 
electronic docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--In October 2002, the Commission determined that a 
domestic industry was materially injured by reason of imports of wire 
rod from Trinidad and Tobago that were sold in the United States at 
less than fair value. Caribbean Ispat Ltd., a Trinidadian producer and 
exporter of wire rod now known as Mittal Steel Point Lisas, Ltd., 
initiated a judicial action to review the Commission's determination. 
The Court of International Trade affirmed the Commission's 
determination. Caribbean Ispat Ltd. v. United States, 366 F. Supp. 1300 
(Ct. Int'l Trade 2005). The United States Court of Appeals for the 
Federal Circuit vacated and remanded. Caribbean Ispat Ltd. v. United 
States, 450 F.3d 1336 (Fed. Cir. 2006). It ruled: (1) That the 
Commission acted contrary to law by failing to consider in its 
causation analysis concerning subject imports from Trinidad and Tobago 
the impact of imports from other subject countries which the Commission 
was statutorily precluded from cumulating with the Trinidadian imports; 
and (2) that the Commission's causation analysis did not satisfy the 
requirements the Federal Circuit previously articulated in Bratsk 
Aluminum Smelter v. United States, 444 F.3d 1369 (Fed. Cir. 2006). The 
Federal Circuit remanded the matter for further consideration in light 
of its opinion. Accordingly, the Court of International Trade remanded 
the matter to the Commission.
    In January 2007, the Commission reached a negative determination on 
remand. The Court of International Trade affirmed the remand 
determination. Mittal Steel Point Lisas, Ltd. v. United States, 495 F. 
Supp.2d 1374 (Ct. Int'l Trade 2007). The Federal Circuit vacated and 
remanded in a decision issued in September 2008. Mittal Steel Point 
Lisas, Ltd. v. United States, 542 F.3d 867 (Fed. Cir. 2008). It found 
three deficiencies in the Commission opinion on remand. These

[[Page 21659]]

concerned: (1) The Commission's construction and application of the 
causation standard articulated in Bratsk and Caribbean Ispat with 
respect to its analysis of material injury by reason of subject 
imports; (2) the Commission's analysis of whether wire rod was a 
``commodity product'' for purposes of performing the type of 
``replacement/benefit'' analysis that the Federal Circuit endorsed in 
Bratsk; and (3) the Commission's construction and application of the 
causation standard with respect to its analysis of threat of material 
injury by reason of subject imports. The matter was consequently 
remanded to the Court of International Trade. On March 29, 2010, the 
Court of International Trade remanded the matter to the Commission, 
directing the Commission ``to attempt to comply with the [Federal 
Circuit's] reasoning, as set forth in its foregoing, more recent 
opinion, and to report to this court any results of this mandated 
remand.''
    Participation in the proceeding.--Only those persons who were 
interested parties to the original investigation (i.e., persons listed 
on the Commission Secretary's service list) and were parties to the 
underlying Mittal litigation may participate in the remand proceeding. 
Such persons need not re-file their appearance notices or protective 
order applications to participate in the remand proceeding. Business 
proprietary information (``BPI'') referred to during the remand 
proceeding will be governed, as appropriate, by the administrative 
protective order issued in the original investigation.
    Written submissions.--The Commission is not reopening the record in 
this remand proceeding. The Commission will permit the parties to file 
written comments. Comments should be limited to no more than twenty-
five (25) double-spaced and single-sided pages of textual material, may 
not contain new factual information, and may address only the following 
issues within the scope of the remand: (1) whether the information in 
the record would support a determination of material injury or threat 
of material injury by reason of subject imports under the causation 
standard the Federal Circuit articulated in sections II.B. and C. of 
the Mittal opinion; and (2) whether wire rod is a ``commodity product'' 
pursuant to the standards the Federal Circuit has authorized the 
Commission to apply pursuant to section II.A. of the Mittal opinion. 
Any such comments must be filed with the Commission no later than May 
7, 2010.
    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 (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 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.
    Parties are also advised to consult with 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.

    By order of the Commission.

    Issued: April 20, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-9538 Filed 4-23-10; 8:45 am]
BILLING CODE 7020-02-P