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

Agencies

• INTERNATIONAL TRADE COMMISSION

[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.

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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 (https://www.usitc.gov). The public record of 
Investigation No. 731-TA-961 may be viewed on the Commission's 
electronic docket (``EDIS'') at https://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