35668 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

1No response to this request for information is

required if a currently valid Office of Managemnet

and Budget (OMB) number is not displayed; the

OMB number is 3117–0016/USITC No. 00–5–055,

expiration date July 31, 2002. Public reporting

burden for the request is estimated to average 7

hours per response. Please send comments

regarding the accuracy of this burden estimate to

the Office of Investigations, U.S. International Trade

Commission, 500 E Street, SW, Washington, DC

20436.

consumption/company transfers of

Subject Merchandise imported from the

Subject Country.

(9) If you are a producer, an exporter,

or a trade/business association of

producers or exporters of the Subject

Merchandise in the Subject Country,

provide the following information on

your firm’s(s’) operations on that

product during calendar year 1999

(report quantity data in case equivalents

and value data in thousands of U.S.

dollars, landed and duty-paid at the

U.S. port but not including antidumping

or countervailing duties). If you are a

trade/business association, provide the

information, on an aggregate basis, for

the firms which are members of your

association.

(a) Production (quantity) and, if

known, an estimate of the percentage of

total production of Subject Merchandise

in the Subject Country accounted for by

your firm’s(s’) production; and

(b) The quantity and value of your

firm’s(s’) exports to the United States of

Subject Merchandise and, if known, an

estimate of the percentage of total

exports to the United States of Subject

Merchandise from the Subject Country

accounted for by your firm’s(s’) exports.

(10) Identify significant changes, if

any, in the supply and demand

conditions or business cycle for the

Domestic Like Product that have

occurred in the United States or in the

market for the Subject Merchandise in

the Subject Country since the Order

Date, and significant changes, if any,

that are likely to occur within a

reasonably foreseeable time. Supply

conditions to consider include

technology; production methods;

development efforts; ability to increase

production (including the shift of

production facilities used for other

products and the use, cost, or

availability of major inputs into

production); and factors related to the

ability to shift supply among different

national markets (including barriers to

importation in foreign markets or

changes in market demand abroad).

Demand conditions to consider include

end uses and applications; the existence

and availability of substitute products;

and the level of competition among the

Domestic Like Product produced in the

United States, Subject Merchandise

produced in the Subject Country, and

such merchandise from other countries.

(11) (Optional) A statement of

whether you agree with the above

definitions of the Domestic Like Product

and Domestic Industry; if you disagree

with either or both of these definitions,

please explain why and provide

alternative definitions.

Authority: This review is being conducted

under authority of title VII of the Tariff Act

of 1930; this notice is published pursuant to

§ 207.61 of the Commission’s rules.

By order of the Commission.

Issued: May 24, 2000.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–14024 Filed 6–02–00; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 731–TA–702 (Review)]

Ferrovanadium and Nitrided Vanadium

From Russia

AGENCY: United States International

Trade Commission.

ACTION: Institution of a five-year review

concerning the antidumping duty order

on ferrovanadium and nitrided

vanadium from Russia.

SUMMARY: The Commission hereby gives

notice that it has instituted a review

pursuant to section 751(c) of the Tariff

Act of 1930 (19 U.S.C. 1675(c)) (the Act)

to determine whether revocation of the

antidumping duty order on

ferrovanadium and nitrided vanadium

from Russia would be likely to lead to

continuation or recurrence of material

injury. Pursuant to section 751(c)(2) of

the Act, interested parties are requested

to respond to this notice by submitting

the information specified below to the

Commission;1 to be assured of

consideration, the deadline for

responses is July 21, 2000. Comments

on the adequacy of responses may be

filed with the Commission by August

15, 2000. For further information

concerning the conduct of this review

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, D, E, and F (19 CFR part

207).

EFFECTIVE DATE: June 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Mary Messer (202–205–3193) or Vera

Libeau (202–205–3176), Office of

Investigations, U.S. International Trade

Commission, 500 E Street SW,

Washington, DC 20436. Hearingimpaired 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).

SUPPLEMENTARY INFORMATION:

Background

On July 10, 1995, the Department of

Commerce issued an antidumping duty

order on imports of ferrovanadium and

nitrided vanadium from Russia (60 FR

35550). The Commission is conducting

a review to determine whether

revocation of the order would be likely

to lead to continuation or recurrence of

material injury to the domestic industry

within a reasonably foreseeable time. It

will assess the adequacy of interested

party responses to this notice of

institution to determine whether to

conduct a full review or an expedited

review. The Commission’s

determination in any expedited review

will be based on the facts available,

which may include information

provided in response to this notice.

Definitions

The following definitions apply to

this review:

(1) Subject Merchandise is the class or

kind of merchandise that is within the

scope of the five-year review, as defined

by the Department of Commerce.

(2) The Subject Country in this review

is Russia.

(3) The Domestic Like Product is the

domestically produced product or

products which are like, or in the

absence of like, most similar in

characteristics and uses with, the

Subject Merchandise. In its original

determination, the Commission defined

a single Domestic Like Product as

ferrovanadium and nitrided vanadium.

(4) The Domestic Industry is the U.S.

producers as a whole of the Domestic

Like Product, or those producers whose

collective output of the Domestic Like

Product constitutes a major proportion

of the total domestic production of the

product. In its original determination,

the Commission defined a single

Domestic Industry as producers of

ferrovanadium and nitrided vanadium,

including toll-producers.

(5) The Order Date is the date that the

antidumping duty order under review

became effective. In this review, the

Order Date is July 10, 1995.

Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices 35669

(6) An Importer is any person or firm

engaged, either directly or through a

parent company or subsidiary, in

importing the Subject Merchandise into

the United States from a foreign

manufacturer or through its selling

agent.

Participation in the Review 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 review as

parties must file an entry of appearance

with the Secretary to the Commission,

as provided in § 201.11(b)(4) of the

Commission’s rules, no later than 21

days after publication of this notice in

the Federal Register. The Secretary will

maintain a public service list containing

the names and addresses of all persons,

or their representatives, who are parties

to the review.

Former Commission employees who

are seeking to appear in Commission

five-year reviews are reminded that they

are required, pursuant to 19 CFR 201.15,

to seek Commission approval if the

matter in which they are seeking to

appear was pending in any manner or

form during their Commission

employment. The Commission’s

designated agency ethics official has

advised that a five-year review is the

‘‘same particular matter’’ as the

underlying original investigation for

purposes of 19 CFR 201.15 and 18

U.S.C. 207, the post employment statute

for Federal employees. Former

employees may seek informal advice

from Commission ethics officials with

respect to this and the related issue of

whether the employee’s participation

was ‘‘personal and substantial.’’

However, any informal consultation will

not relieve former employees of the

obligation to seek approval to appear

from the Commission under its rule

201.15. For ethics advice, contact

CarolMcCue Verratti, Deputy Agency

Ethics Official, at 202–205–3088.

Limited Disclosure of Business

Proprietary Information (BPI) Under an

Administrative Protective Order (APO)

and APO Service List

Pursuant to § 207.7(a) of the

Commission’s rules, the Secretary will

make BPI submitted in this review

available to authorized applicants under

the APO issued in the review, provided

that the application is made no later

than 21 days after publication of this

notice in the Federal Register.

Authorized applicants must represent

interested parties, as defined in 19

U.S.C. 1677(9), who are parties to the

review. A separate service list will be

maintained by the Secretary for those

parties authorized to receive BPI under

the APO.

Certification

Pursuant to § 207.3 of the

Commission’s rules, any person

submitting information to the

Commission in connection with this

review must certify that the information

is accurate and complete to the best of

the submitter’s knowledge. In making

the certification, the submitter will be

deemed to consent, unless otherwise

specified, for the Commission, its

employees, and contract personnel to

use the information provided in any

other reviews or investigations of the

same or comparable products which the

Commission conducts under Title VII of

the Act, or in internal audits and

investigations relating to the programs

and operations of the Commission

pursuant to 5 U.S.C. Appendix 3.

Written Submissions

Pursuant to § 207.61 of the

Commission’s rules, each interested

party response to this notice must

provide the information specified

below. The deadline for filing such

responses is July 21, 2000. Pursuant to

§ 207.62(b) of the Commission’s rules,

eligible parties (as specified in

Commission rule 207.62(b)(1)) may also

file comments concerning the adequacy

of responses to the notice of institution

and whether the Commission should

conduct an expedited or full review.

The deadline for filing such comments

is August 15, 2000. All written

submissions must conform with the

provisions of §§ 201.8 and 207.3 of the

Commission’s rules and any

submissions that contain BPI must also

conform with the requirements of

§§ 201.6 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. Also, in accordance with

§§ 201.16(c) and 207.3 of the

Commission’s rules, each document

filed by a party to the review must be

served on all other parties to the review

(as identified by either the public or

APO service list as appropriate), and a

certificate of service must accompany

the document(if you are not a party to

the review you do not need to serve

your response).

Inability To Provide Requested

Information

Pursuant to § 207.61(c) of the

Commission’s rules, any interested

party that cannot furnish the

information requested by this notice in

the requested form and manner shall

notify the Commission at the earliest

possible time, provide a full explanation

of why it cannot provide the requested

information, and indicate alternative

forms in which it can provide

equivalent information. If an interested

party does not provide this notification

(or the Commission finds the

explanation provided in the notification

inadequate) and fails to provide a

complete response to this notice, the

Commission may take an adverse

inference against the party pursuant to

section 776(b) of the Act in making its

determination in the review.

Information To Be Provided in

Response to This Notice of Institution

As used below, the term ‘‘firm’’

includes any related firms.

(1) The name and address of your firm

or entity (including World Wide Web

address if available) and name,

telephone number, fax number, and Email address of the certifying official.

(2) A statement indicating whether

your firm/entity is a U.S. producer of

the Domestic Like Product, a U.S. union

or worker group, a U.S. importer of the

Subject Merchandise, a foreign producer

or exporter of the Subject Merchandise,

a U.S. or foreign trade or business

association, or another interested party

(including an explanation). If you are a

union/worker group or trade/business

association, identify the firms in which

your workers are employed or which are

members of your association.

(3) A statement indicating whether

your firm/entity is willing to participate

in this review by providing information

requested by the Commission.

(4) A statement of the likely effects of

the revocation of the antidumping duty

order on the Domestic Industry in

general and/or your firm/entity

specifically. In your response, please

discuss the various factors specified in

section 752(a) of the Act (19 U.S.C.

1675a(a)) including the likely volume of

subject imports, likely price effects of

subject imports, and likely impact of

imports of Subject Merchandise on the

Domestic Industry.

(5) A list of all known and currently

operating U.S. producers of the

Domestic Like Product. Identify any

known related parties and the nature of

the relationship as defined in section

771(4)(B) of the Act (19 U.S.C.

1677(4)(B)).

(6) A list of all known and currently

operating U.S. importers of the Subject

Merchandise and producers of the

Subject Merchandise in the Subject

Country that currently export or have

exported Subject Merchandise to the

35670 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

United States or other countries since

1994.

(7) If you are a U.S. producer of the

Domestic Like Product, provide the

following information on your firm’s

operations on that product during

calendar year 1999 (report quantity data

in pounds and value data in thousands

of U.S. dollars, f.o.b. plant). If you are

a union/worker group or trade/business

association, provide the information, on

an aggregate basis, for the firms in

which your workers are employed/

which are members of your association.

(a) Production (quantity) and, if

known, an estimate of the percentage of

total U.S. production of the Domestic

Like Product accounted for by your

firm’s(s’) production;

(b) The quantity and value of U.S.

commercial shipments of the Domestic

Like Product produced in your U.S.

plant(s); and

(c) The quantity and value of U.S.

internal consumption/company

transfers of the Domestic Like Product

produced in your U.S. plant(s).

(8) If you are a U.S. importer or a

trade/business association of U.S.

importers of the Subject Merchandise

from the Subject Country, provide the

following information on your firm’s(s’)

operations on that product during

calendar year 1999 (report quantity data

in pounds and value data in thousands

of U.S. dollars). If you are a trade/

business association, provide the

information, on an aggregate basis, for

the firms which are members of your

association.

(a) The quantity and value (landed,

duty-paid but not including

antidumping or countervailing duties)

of U.S. imports and, if known, an

estimate of the percentage of total U.S.

imports of Subject Merchandise from

the Subject Country accounted for by

your firm’s(s’) imports;

(b) The quantity and value (f.o.b. U.S.

port, including antidumping and/or

countervailing duties) of U.S.

commercial shipments of Subject

Merchandise imported from the Subject

Country; and

(c) The quantity and value (f.o.b. U.S.

port, including antidumping and/or

countervailing duties) of U.S. internal

consumption/company transfers of

Subject Merchandise imported from the

Subject Country.

(9) If you are a producer, an exporter,

or a trade/business association of

producers or exporters of the Subject

Merchandise in the Subject Country,

provide the following information on

your firm’s(s’) operations on that

product during calendar year 1999

(report quantity data in pounds and

value data in thousands of U.S. dollars,

landed and duty-paid at the U.S. port

but not including antidumping or

countervailing duties). If you are a

trade/business association, provide the

information, on an aggregate basis, for

the firms which are members of your

association.

(a) Production (quantity) and, if

known, an estimate of the percentage of

total production of Subject Merchandise

in the Subject Country accounted for by

your firm’s(s’) production; and

(b) The quantity and value of your

firm’s(s’) exports to the United States of

Subject Merchandise and, if known, an

estimate of the percentage of total

exports to the United States of Subject

Merchandise from the Subject Country

accounted for by your firm’s(s’) exports.

(10) Identify significant changes, if

any, in the supply and demand

conditions or business cycle for the

Domestic Like Product that have

occurred in the United States or in the

market for the Subject Merchandise in

the Subject Country since the Order

Date, and significant changes, if any,

that are likely to occur within a

reasonably foreseeable time. Supply

conditions to consider include

technology; production methods;

development efforts; ability to increase

production (including the shift of

production facilities used for other

products and the use, cost, or

availability of major inputs into

production); and factors related to the

ability to shift supply among different

national markets (including barriers to

importation in foreign markets or

changes in market demand abroad).

Demand conditions to consider include

end uses and applications; the existence

and availability of substitute products;

and the level of competition among the

Domestic Like Product produced in the

United States, Subject Merchandise

produced in the Subject Country, and

such merchandise from other countries.

(11) (Optional) A statement of

whether you agree with the above

definitions of the Domestic Like Product

and Domestic Industry; if you disagree

with either or both of these definitions,

please explain why and provide

alternative definitions.

Authority: This review is being conducted

under authority of title VII of the Tariff Act

of 1930; this notice is published pursuant to

§ 207.61 of the Commission’s rules.

By order of the Commission.

Issued: May 24, 2000.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–14025 Filed 6–2–00; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Partial Consent

Decree for Interim Injunctive Relief

Under the Clean Air Act

Under 28 CFR 50.7, notice is hereby

given that on May 23, 2000, a proposed

Partial Consent Decree for Interim

Injunctive Relief (‘‘Partial Consent

Decree’’) in United States v. IBP, Inc.,

Civil Action No. 8:00–CV–28, was

lodged with the United States District

Court for the District of Nebraska.

In this action the United States seeks

injunctive relief and civil penalties for

IBP’s past violations of the Clean Air

Act and other environmental laws at its

meatpacking plant and associated

tannery and wastewater treatment

facility in Dakota City, Nebraska. The

United States asserts that IBP failed to

install required air pollution control

equipment as the company updated its

complex from 1989 to 1995, and, as a

result, illegally emitted an excessive

amount of hydrogen sulfide into the air.

Under the Partial Consent Decree, IBP

will build three new covered

wastewater treatment lagoons by

November 30, 2000; decommission its

existing, uncovered lagoons that are

largely responsible for emissions of

approximately one ton each day of

hydrogen sulfide; and undertake

additional projects to limit the release of

hydrogen sulfide into the air. The new

lagoons will capture hydrogen sulfide

generated by the wastewater and route

it for treatment to a scrubber and flare.

Any future uses of these lagoons will

require approval by the Nebraska

Department of Environmental Quality,

subject to EPA’s oversight.

The Partial Consent Decree further

requires IBP to treat over three million

gallons of well water used at its plant

each day, in order to reduce the high

concentration of sulfate in the well

water, which breaks down into sulfides

and in turn can be converted to

hydrogen sulfide in wastewater.

The Partial Consent Decree also

incorporates the work required under an

Administrative Order on Consent

entered into by EPA and IBP on April

27, 2000, which agreement requires IBP

to install 7 on-site and 2 off-site air

monitoring devices to monitor

emissions of hydrogen sulfide from its

Dakota City wastewater treatment

facility.

The Partial Consent Decree today does

not resolve the claims in the United

States’ lawsuit, but will provide relief to

local citizens from IBP’s hydrogen

sulfide emissions as the case proceeds.

The Department of Justice will receive

for a period of thirty (30) days from the