[Federal Register: September 4, 2003 (Volume 68, Number 171)]
[Notices]
[Page 52614-52615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se03-67]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-432 (Final) and 731-TA-1024-1028 (Final)]
Prestressed Concrete Steel Wire Strand From Brazil, India, Korea,
Mexico, and Thailand
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-432 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigations Nos. 731-
TA-1024-1028 (Final) under section 735(b) of the Act (19 U.S.C.
1673d(b)) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of subsidized imports from India of prestressed
concrete steel wire strand (PC strand) and less-than-fair-value imports
from Brazil, India, Korea, Mexico, and Thailand of PC strand, provided
for in subheading 7312.10.30 of the Harmonized Tariff Schedule of the
United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as follows: ``PC strand
is steel strand produced from wire of non-stainless, non-galvanized
steel, which is suitable for use in prestressed concrete (both
pretensioned and post-tensioned) applications. The product
definition encompasses covered and uncovered strand and all types,
grades, and diameters of PC strand. The merchandise under
investigation is currently classifiable under subheadings
7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise under investigation is dispositive.''
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: July 16, 2003.
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
[[Page 52615]]
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 investigations may be viewed on the Commission's electronic
docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in India of PC
strand, and that imports of PC strand from Brazil, India, Korea,
Mexico, and Thailand are being sold in the United States at less than
fair value within the meaning of section 733 of the Act (19 U.S.C.
1673b). The investigations were requested in a petition filed on
January 31, 2003, by American Spring Wire Corp., Bedford Heights, OH;
Insteel Wire Products Co., Mt. Airy, NC; and Sumiden Wire Products
Corp., Stockton, CA.
Participation in the investigations and public service list--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list--Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
BPI gathered in the final phase of these investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
17, 2003, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on December
2, 2003, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before November 24, 2003. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on November 26, 2003, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
days prior to the date of the hearing.
Written submissions--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is November 24, 2003. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is December 9, 2003; 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 investigations may submit a
written statement of information pertinent to the subject of the
investigations on or before December 9, 2003. On December 26, 2003, 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 December 30, 2003, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means,
except to the extent permitted by section 201.8 of the Commission's
rules, as amended, 67 FR 68036 (November 8, 2002).
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 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: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: August 28, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-22504 Filed 9-3-03; 8:45 am]
BILLING CODE 7020-02-P