Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 65223

1Nippon III at 5.

4. Subcommittee report on forming a 

foundation or friends group 

5. Approve or reject forming non-profit 

friends group or foundation 

6. Discuss promotion and 

implementation strategies

This meeting is open to the public 

and opportunity will be provided for 

public comments at specific times 

during the meeting and prior to closing 

the meeting. The meeting will be 

recorded for documentation and 

transcribed for dissemination. Minutes 

of the meeting will be available to the 

public after approval of the full 

Advisory Commission.

Dated: October 4, 2004. 

Jonathan B. Jarvis, 

Regional Director, Pacific West Region.

[FR Doc. 04–24983 Filed 11–9–04; 8:45 am] 

BILLING CODE 4312–52–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731-TA–860 (Final) (Third 

Remand)] 

Tin- and Chromium-Coated Steel Sheet 

From Japan

AGENCY: United States International 

Trade Commission.

ACTION: Notice of remand proceedings.

SUMMARY: The United States 

International Trade Commission 

(Commission) hereby gives notice of the 

court-ordered remand of its second 

remand determination in the 

antidumping Investigation No. 731-TA–

860 concerning tin- and chromiumcoated steel sheet from Japan.

EFFECTIVE DATE: November 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Douglas Corkran, Office of 

Investigations, telephone (202) 205–

3057, or Neal J. Reynolds, Office of 

General Counsel, telephone (202) 205–

3093, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired individuals are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: 

Background 

In August 2000, the Commission 

made an affirmative determination in its 

antidumping duty investigation 

concerning tin- and chromium-coated 

steel sheet from Japan. Tin- and 

Chromium-coated Steel Sheet from 

Japan, Inv. No. 731–TA–860 (Final), 

USITC Pub. 3337 (Aug. 2000). The 

Commission’s determination was 

appealed to the U.S. Court of 

International Trade (CIT). On December 

31, 2001, the CIT remanded the matter 

to the Commission for further 

proceedings. Nippon Steel Corp. v. 

United States, 182 F.Supp.2d 1330 (Ct. 

Int’l Trade 2001). 

On remand, the Commission 

conducted further proceedings and, in 

March 2002, reached an affirmative 

determination on remand. Tin- and 

Chromium-coated Steel Sheet from 

Japan, Inv. No. 731–TA–860, Pub No. 

3493 (Final) (Remand) (March 2002). On 

August 9, 2002, the CIT issued an 

opinion vacating the Commission’s 

affirmative remand determination and 

directing the Commission to enter a 

negative determination. Nippon Steel 

Corp. v. United States, 223 F. Supp.2d 

1349 (Ct. Int’l Trade 2002) (‘‘Nippon 

II’’). The Commission appealed the 

CIT’s decision in Nippon II to the 

Federal Circuit on October 11, 2002. 

On October 3, 2003, the Federal 

Circuit vacated the CIT’s decision in 

Nippon II and directed the CIT to 

remand the Commission’s 

determination for further explanation 

and analysis.1 Nippon Steel 

Corp. v. United States, 345 F.3d 1379 

(Fed. Cir. 2003) (Nippon III). In Nippon 

III, The Federal Circuit held that the 

Court went ‘‘beyond its statutorily 

assigned role to ‘review’ ’’ to the extent 

that it engaged in finding facts, 

determined witness credibility, and 

interposed its own determinations on 

causation and material injury itself. The 

Federal Circuit directed the CIT to 

remand the determination to the 

Commission so that the Commission 

could ‘‘attend to all the points made by 

the Court of International Trade, 

especially those of [Nippon II] which 

the Commission has not yet had the 

opportunity to address.’’

On February 23, 2004, the 

Commission issued its second remand 

determination on February 23, 2004. 

Tin- and Chromium-coated Steel Sheet 

from Japan, Inv. No. 731-TA–860, Pub 

No. 3674 (Final) (Second Remand) (Feb. 

2004). The Commission again issued an 

affirmative injury determination. On 

October 14, 2004, the CIT issued an 

opinion discussing the Commission’s 

second remand determination and 

directing the Commission to enter a 

negative current injury determination 

and to issue a remand determination on 

the issue of threat. Nippon Steel Corp.

v. United States, Slip op. 04–131 (Oct. 

14, 2004). 

Written Submissions 

The Commission is not reopening the 

record in this third remand proceeding 

for submission of new factual 

information. The Commission will, 

however, permit the parties to file 

written submissions limited to the issue 

of whether the domestic industry is 

threatened with material injury by 

reason of the subject imports of tin- and 

chromium-coated steel sheet from 

Japan. This submission must be filed 

with the Commission by November 15, 

2004, shall not contain any new factual 

information, and shall not exceed 15 

pages of textual material, double-spaced 

and single-sided, on stationery 

measuring 81⁄2 x 11 inches. 

All written submissions must conform 

with the provisions of section 201.8 of 

the Commission’s rules; any 

submissions that contain business 

proprietary information (BPI) must also 

conform with the requirements of 

§§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 §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 

remand proceeding must be served on 

all other parties to the remand 

proceeding 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 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. 

Participation in the Proceedings 

Only those persons who were 

interested parties in the prior remand 

proceedings and are parties in the 

appeal may participate as parties in the 

third remand proceedings.

Authority: This action is taken under the 

authority of title VII of the Tariff Act of 1930 

as amended.

Issued: November 5, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–25195 Filed 11–9–04; 8:45 am] 

BILLING CODE 7020–02–P