Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 21821 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondent in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of the respondent to file a 

timely response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: May 5, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–10928 Filed 5–8–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–407 and 731– 

TA–902, 904, 905 (Review) (Remand)] 

Hot-Rolled Steel Products From 

Kazakhstan, Romania, and South 

Africa 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of remand proceedings. 

SUMMARY: The U.S. International Trade 

Commission (‘‘Commission’’) hereby 

gives notice of the court-ordered remand 

of its five-year review determinations in 

the countervailing duty and 

antidumping Investigation Nos. 701– 

TA–407 and 731–TA–902, 904, 905 

concerning hot-rolled steel products 

from Kazakhstan, Romania, and South 

Africa. 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: May 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer, Office of Investigations, 

telephone 202–205–3193, or Robin L. 

Turner, Office of General Counsel, 

telephone 202–205–3103, 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 the 

underlying reviews (Investigation Nos. 

701–TA–404–408 and 731–TA–898–902 

and 904–908 (Review)) may be viewed 

on the Commission’s electronic docket 

(‘‘EDIS’’) at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—In October 2007, the 

Commission determined that revocation 

of the countervailing duty order on hotrolled steel products from South Africa, 

and that revocation of the antidumping 

duty orders on hot-rolled steel products 

from Kazakhstan, Romania, and South 

Africa, would not be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. The Commission’s determinations 

were appealed to the Court of 

International Trade (‘‘CIT’’ or ‘‘Court’’). 

On March 9, 2009, the Court issued a 

decision remanding the matter to the 

Commission for further proceedings. 

Nucor Corp. v. United States, Slip Op. 

09–16 (Ct. Int’l Trade, March 9, 2009). 

In its opinion, the Court affirmed the 

Commission’s cumulation analysis, but 

found that the Commission’s 

conclusions concerning likely subject 

import volume, likely price effects, and 

likely impact were unsupported by 

substantial evidence. The Court 

instructed the Commission on remand 

to address six issues. In particular, it 

instructed the Commission to: (1) Reevaluate its finding that the 

ArcelorMittal companies and/or Mittal 

USA would limit subject imports from 

the Mittal Companies; (2) reassess and 

further explain the basis for its findings 

that significant imports in any region of 

the country are likely to have a 

disruptive impact on the overall U.S. 

market; (3) reassess and further explain 

the behavior of ArcelorMittal and its 

predecessor, the Ispat organization, with 

respect to their business practices in 

exporting to countries in which they 

maintain production facilities; (4) 

reassess and further explain certain 

evidence the Court perceived contrary 

to the Commission’s conclusion on 

likely subject import volume; (5) 

reassess likely price effects in 

accordance with its revised volume 

determination and; (6) reassess its likely 

impact analysis in accordance with its 

revised volume and price effects 

determinations, and to explain the poor 

performance of the domestic industry in 

the latter portion of the period of 

review. 

Participation in the proceeding.— 

Only those persons who were interested 

parties to the original reviews (i.e., 

persons listed on the Commission 

Secretary’s service list) and were parties 

to the appeal may participate as parties 

in the remand proceeding as of right. 

Such persons need not re-file their 

appearance notices or protective order 

applications to participate in the 

remand proceeding. The Commission 

will consider permitting Mittal USA to 

participate as a party in the remand if 

it files a notice of appearance with the 

Commission by May 11. Business 

proprietary information (‘‘BPI’’) referred 

to during the remand proceeding will be 

governed, as appropriate, by the 

administrative protective order issued 

in the original reviews. 

Written submissions.—The 

Commission is reopening the record to 

obtain additional information pertinent 

to the issues on which the Court has 

directed a remand. The Commission 

seeks additional information regarding 

the operations of ArcelorMittal, its 

affiliates including Mittal USA, and its 

predecessor companies including Ispat 

and Ispat Inland (collectively ‘‘Mittal’’). 

Specifically, the Commission seeks 

information concerning— 

(a) Mittal’s policies and practices with 

respect to, 

(b) Mittal’s evaluation of the 

economic incentives of, and 

(c) The possible market disruption of, 

shipping hot-rolled steel products 

produced by one Mittal company to the 

market in which another Mittal 

company is located, including the 

European Union and the United States. 

The specific questions are posted on the 

ITC’s Internet site at http:// 

www.usitc.gov/trade_remedy/ 

731_ad_701_cvd/investigations/ 

21822 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 

completed/index.htm (under ‘‘HotRolled Steel Products’’). 

The information should be in the form 

of documents or affidavits with specific 

evidence (and not theories) and must 

pertain to the period on or before 

October 2, 2007, the date on which the 

record closed in the reviews at issue. 

Documents submitted must have been 

in existence as of that date. Affidavits 

may be provided only by individuals 

having specific knowledge of the abovedescribed issue as of that date, and must 

set forth the basis of the individual’s 

knowledge. Parties need not re-submit 

documents or affidavits that are already 

part of the record of these reviews. 

No argument or commentary is 

permitted in these submissions. 

Business proprietary information 

included in your submission will be so 

treated by the Commission and will not 

be disclosed except as may be required 

by law. 

Submissions containing additional 

information must be submitted to the 

Commission no later than May 14, 2009. 

Questions concerning this request or 

other matters relating to the remand 

may be directed to Mary Messer (202– 

205–3193 or mary.messer@usitc.gov) of 

the Commission’s staff. Correspondence 

may be sent to the above address or via 

FAX to 202–205–3205. 

In addition, the Commission will 

permit the parties to file comments 

pertaining to the inquiries that are the 

subject of the CIT’s remand instructions 

and any new factual information. 

Comments should be limited to no more 

than fifteen (15) double-spaced and 

single-sided pages of textual material. 

The parties may not submit any new 

factual information in their comments 

and may not address any issue other 

than the inquiries that are the subject of 

the CIT’s remand instructions. Any such 

comments must be filed with the 

Commission no later than May 29, 2009. 

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 (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 

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. 

Parties are also advised to consult 

with 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. 

Issued: May 5, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–10929 Filed 5–8–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–014] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: May 14, 2009 at 1:30 

p.m. 

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Inv. Nos. 701–TA–462 and 731– 

TA–1156–1158 (Preliminary) 

(Polyethylene Retail Carrier Bags from 

Indonesia, Taiwan, and Vietnam)— 

briefing and vote. (The Commission is 

currently scheduled to transmit its 

determinations to the Secretary of 

Commerce on or before May 15, 2009; 

Commissioners’ opinions are currently 

scheduled to be transmitted to the 

Secretary of Commerce on or before May 

22, 2009.) 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: May 7, 2009. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–11043 Filed 5–7–09; 4:15 pm] 

BILLING CODE 7020–02–P 

INTERNATIONAL BOUNDARY AND 

WATER COMMISSION, UNITED 

STATES AND MEXICO 

United States Section; Notice of 

Availability of a Final Environmental 

Assessment and Finding of No 

Significant Impact for Emergency 

Repairs to the Presidio Flood Control 

Project in Presidio, TX 

AGENCY: United States Section, 

International Boundary and Water 

Commission, United States and Mexico. 

ACTION: Notice of Availability of the 

Final Environmental Assessment (EA) 

and Finding of No Significant Impact 

(FONSI). 

SUMMARY: Pursuant to Section 102(2)(c) 

of the National Environmental Policy 

Act of 1969; the Council on 

Environmental Quality Final 

Regulations (40 CFR Parts 1500 through 

1508); and the United States Section, 

Operational Procedures for 

Implementing Section 102 of NEPA, 

published in the Federal Register 

September 2, 1981, (46 FR 44083); the 

United States Section hereby gives 

notice that the Final Environmental 

Assessment and Finding of No 

Significant Impact for Emergency 

Repairs to the Presidio Flood Control 

Project in Presidio, Texas are available. 

A notice of finding of no significant 

impact dated April 2, 2009, provided a 

thirty (30) day comment period before 

making the finding final. The Notice 

was published in the Federal Register 

on April 2, 2009 (Federal Register 

Notice, Vol. 74, No. 62, Page 14999). 

FOR FURTHER INFORMATION CONTACT: 

Daniel Borunda, Environmental 

Protection Specialist; Environmental 

Management Division; United States 

Section, International Boundary and 

Water Commission; 4171 N. Mesa, C– 

100; El Paso, Texas 79902. Telephone: 

(915) 832–4767, e-mail: 

danielborunda@ibwc.gov. 

Background: The USIBWC operates 

and maintains the Presidio Flood 

Control Project (FCP) located along the 

Rio Grande within the city of Presidio, 

Texas. The FCP extends approximately 

15.2 miles, from Haciendita, upstream 

of the Rio Conchos confluence, and 

ending downstream of Presidio near 

Brito Creek. In September and October 

2008, the Presidio FCP levees sustained 

major flood damage from overtopping, 

under-seepage, and erosion. The 

USIBWC intends to repair a 3000-foot 

section of levee near Station 7+000 that 

is susceptible to under-seepage and 

possible levee failure. The USIBWC will 

remediate the levee failure by 

constructing a slurry-trench cut-off wall.