[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Page 82070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32776]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-449 and 731-TA-1118-1120 (Remand)]


Light-Walled Rectangular Pipe and Tube From China, Korea, and 
Mexico

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice that it is inviting the parties to the North 
American Free Trade Agreement (NAFTA) Chapter 19 panel proceeding in 
Light-Walled Rectangular Pipe and Tube from Mexico, USA-MEX-1904-04, to 
file comments in the remand proceeding ordered by the NAFTA binational 
panel. 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: Date of Publication in Federal Register.

FOR FURTHER INFORMATION CONTACT: David B. Fishberg (202-708-2614) or 
Andrea C. Casson (202-205-3105), Office of General Counsel, 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 Nos. 701-TA-449 and 731-TA-1118-1120 may 
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--In July 2008, the Commission determined that an 
industry in the United States was materially injured by reason of 
subsidized imports of light-walled rectangular pipe and tube (``LWR 
pipe and tube'') from China, and imports of LWR pipe and tube from 
China, Korea, and Mexico that were found to be sold at less than fair 
value. Nacional de Acero S. A. De C. V. subsequently challenged the 
Commission's determination concerning imports from Mexico, under the 
binational panel procedures set out in Chapter 19 of the North American 
Free Trade Agreement (``NAFTA'').
    A NAFTA Panel issued an opinion in the matter on November 26, 2010. 
In its opinion, the Panel remanded the matter to the Commission with 
instructions that the Commission address:
    (I) the relationship between the 2008 announced price increases and 
the pendency of the investigation, and
    (II) the Complainant's attempt to rebut the presumption that any 
market changes in 2008 were the result of the filing of the petition 
and Commerce's preliminary affirmative determinations. In all other 
respects the Panel affirmed the Commission's opinion.
    Participation in the proceeding.--Only those persons who were both 
interested parties to the original investigation (i.e., persons listed 
on the Commission Secretary's service list) and who participated in the 
NAFTA Chapter 19 panel proceeding may 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 proceeding for submission of new factual information. The 
Commission will, however, permit parties to file comments pertaining to 
the issues on which the Panel has remanded this matter. These comments 
must be limited to the precise issues in the Panel's remand 
instructions quoted above, and must be based solely on the information 
already in the Commission's record and may not include additional 
factual information. The deadline for filing comments is January 7, 
2011. Comments shall be limited to no more than ten (10) double-spaced 
and single-sided pages of textual material.
    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 NAFTA Chapter 19 panel 
proceeding must be served on all other such parties, and a certificate 
of service must be timely filed. The Secretary will not accept a 
document for filing without a certificate of service.

    By order of the Commission.

    Issued: December 23, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-32776 Filed 12-28-10; 8:45 am]
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