Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51647 

1For purposes of this investigation, the 

Department of Commerce has defined the subject 

merchandise as ‘‘all small diameter graphite 

electrodes of any length, whether or not finished, 

of a kind used in furnaces, with a nominal or actual 

diameter of 400 millimeters (16 inches) or less, and 

whether or not attached to a graphite pin joining 

system or any other type of joining system or 

hardware. Small diameter graphite electrodes are 

most commonly used in primary melting, ladle 

metallurgy, and specialty furnace applications in 

industries including foundries, smelters, and steel 

refining operations.’’

with the exception of certain 

modifications and clarifications. The 

BLM received six protests to the 

Proposed RMP/Final EIS. Four of those 

who submitted protests were 

determined to have standing and the 

BLM Director resolved the protests 

without requiring significant changes to 

decisions in the Proposed RMP/Final 

EIS. The modifications and 

clarifications to the proposed plan are 

outlined in the ROD. 

No inconsistencies with State or local 

plans, policies, or programs were 

identified during the Governor’s 

consistency review of the Proposed 

RMP/Final EIS. 

The ROD and Approved RMP include 

a decision requiring air taxi operators 

and transporters to obtain commercial 

permits to operate in the Squirrel River 

Special Recreation Management Area. 

This decision is found in section III.D. 

Implementation Decisions of the ROD. 

This is an implementation-level 

decision appealable to the Interior 

Board of Land Appeals (IBLA) under 43 

CFR Part 4. Any party adversely affected 

by this decision may appeal within 30 

days of publication of this Notice of 

Availability pursuant to 43 CFR Part 4, 

Subpart E. Please consult the 

appropriate regulations for further 

information on the appeal requirements. 

Authority: H–1790–1 National 

Environmental Policy Act Handbook—

January 30, 2008. 

Vincent Galterio, 

Acting State Director. 

[FR Doc. E8–20406 Filed 9–3–08; 8:45 am] 

BILLING CODE 4310–JA–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1143 (Final)] 

Small Diameter Graphite Electrodes 

From China 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of the final phase of 

an antidumping investigation. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping investigation No. 

731–TA–1143 (Final) under section 

735(b) of the Tariff Act of 1930 (19 

U.S.C. 1673d(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 

from China of small diameter graphite 

electrodes, provided for in subheading 

8545.11.00 of the Harmonized Tariff 

Schedule of the United States.1

For further information concerning 

the conduct of this phase of the 

investigation, 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: August 21, 2008. 

FOR FURTHER INFORMATION CONTACT: Fred 

Ruggles (202–205–3187 or 

fred.ruggles@usitc.gov), 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). The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—The final phase of this 

investigation is being scheduled as a 

result of an affirmative preliminary 

determination by the Department of 

Commerce that imports of small 

diameter graphite electrodes from China 

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 investigation was requested 

in a petition filed on January 17, 2008, 

with the Commission and Commerce by 

SGL Carbon LLC, Charlotte, NC, and 

Superior Graphite Co., Chicago, IL. 

Participation in the investigation 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 this 

investigation 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 

investigation 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 

investigation. 

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 this 

investigation available to authorized 

applicants under the APO issued in the 

investigation, 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 investigation. A party 

granted access to BPI in the preliminary 

phase of the investigation 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 this 

investigation will be placed in the 

nonpublic record on December 16, 2008, 

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 this investigation beginning at 

9:30 a.m. on January 6, 2009, 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 December 23, 2008. 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 December 30, 

2008, 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 


sroberts on PROD1PC77 with NOTICES
51648 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 

business 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 December 29, 2008. 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 January 13, 

2009; 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 investigation may submit a 

written statement of information 

pertinent to the subject of the 

investigation, including statements of 

support or opposition to the petition, on 

or before January 13, 2009. On January 

29, 2009, 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 February 2, 2009, 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). Even 

where electronic filing of a document is 

permitted, certain documents must also 

be filed in paper form, as specified in 

II(C) of the Commission’s Handbook on 

Electronic Filing Procedures, 67 FR 

68168, 68173 (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 

investigation must be served on all other 

parties to the investigation (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: This investigation is 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 29, 2008. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–20496 Filed 9–3–08; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. Australia FTA–103–021] 

Viscose Rayon Staple Fiber: Probable 

Effect of Modification of U.S.-Australia 

Free Trade Agreement Rules of Origin 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of investigation. 

SUMMARY: Following a request received 

August 14, 2008, from the Office of the 

United States Trade Representative 

(USTR) under authority delegated by the 

President and pursuant to section 104 of 

the United States-Australia Free Trade 

Agreement (USAFTA) Implementation 

Act, the U.S. International Trade 

Commission (Commission) instituted 

Investigation No. Australia FTA–103–

021, Viscose Rayon Staple Fiber: 

Probable Effect of Modification of U.S.- 

Australia Free Trade Agreement Rules 

of Origin. 

DATES: September 17, 2008: Deadline for 

filing all written statements. October 23, 

2008: Transmittal of Commission report 

to the Office of the United States Trade 

Representative. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the United States 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. All written 

submissions should be addressed to the 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://www.usitc.gov/ 

secretary/edis.htm. 

FOR FURTHER INFORMATION CONTACT: 

Project Leaders Jackie Jones (202–205–

3466 or jackie.jones@usitc.gov) or Don 

Sussman (202–205–3331 or 

donald.sussman@usitc.gov) for 

information specific to this 

investigation. For information on the 

legal aspects of this investigation, 

contact William Gearhart of the 

Commission’s Office of the General 

Counsel (202–205–3091 or 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205–

1819 or margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

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

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. 

Background: Chapter 4 and Annex 4–

A of the USAFTA contain the rules of 

origin for textiles and apparel for 

application of the tariff provisions of the 

USAFTA. These rules are set forth for 

the United States in general note 28 to 

the Harmonized Tariff Schedule (HTS). 

According to the request letter, U.S. 

negotiators have recently reached 

agreement in principle with 

representatives of the Government of 

Australia to modify the USAFTA rules 

of origin for certain yarns because it has 

been determined that U.S. and 

Australian producers are not able to 

produce viscose rayon staple fiber in 

commercial quantities in a timely 

manner. Information supplied to the 

Commission indicates that the yarns 

affected include blends of viscose rayon 

staple fibers with synthetic fibers, e.g., 

polyester, and with other artificial 

fibers, e.g., acetate. Section 203(o) of the 

United States-Australia Free Trade 

Agreement Implementation Act (the 

Act) authorizes the President, subject to 

the consultation and layover 

requirements of section 104 of the Act, 

to proclaim such modifications to the 

rules of origin as are necessary to 

implement an agreement with Australia 

pursuant to Article 4.2.5 of the 

Agreement. One of the requirements set 

out in section 104 of the Act is that the 

President obtains advice regarding the 

proposed action from the United States 

International Trade Commission. 

The request letter asks that the 

Commission provide advice on the 

probable effect of the proposed 

modification of the USAFTA rules of 

origin noted above on U.S. trade under 

the USAFTA, on total U.S. trade, and on 

domestic producers of the affected 

articles. As requested, the Commission 

will submit its advice to USTR by 


sroberts on PROD1PC77 with NOTICES