[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Pages 61860-61861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23613]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1071 and 1072 (Final)]


Magnesium From China and Russia

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-1071-1072 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 201673d(b)) 
(the Act) 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 less-than-fair-value imports of alloy magnesium 
from China and of pure and alloy magnesium from Russia, provided for in 
subheadings 8104.11.00, 8104.19.00, and 8104.30.00 of the Harmonized 
Tariff Schedule of the United States.
    For further information concerning the conduct of this phase of 
these 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).

DATES: Effective Date: October 4, 2004.

FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), 
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 
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 imports of alloy magnesium from China and pure and alloy 
magnesium from Russia 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 
February 27, 2004, by U.S. Magnesium Corp., Salt Lake City, UT; the 
United Steelworkers of America, Local 8319, Salt Lake City, UT; and the 
Glass, Molders, Pottery, Plastics & Allied Workers International, Local 
374, Long Beach, 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 Protetive 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 these 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 February 8, 
2005, 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 February 23, 
2005, 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 February 16, 2005. 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 February 18, 2005, 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 February 15, 2005.

[[Page 61861]]

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 March 2, 2005; 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, including statements of support 
or opposition to the petition, on or before March 2, 2005. On March 16, 
2005, 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 March 18, 2005, 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).
    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 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.

    Issued: October 18, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-23613 Filed 10-20-04; 8:45 am]
BILLING CODE 7020-02-P