[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9417]
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1124 and 1125 (Final)]
Electrolytic Manganese Dioxide From Australia and China
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation Nos. 731-TA-1124 and 1125
(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 Australia and
China of electrolytic manganese dioxide (``EMD''), provided for in
subheading 2820.10.00 of the Harmonized Tariff Schedule of the United
\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``All manganese
dioxide (``MnO2'') that has been manufactured in an
electrolysis process, whether in powder, chip, or plate form
(``EMD''). Excluded from the scope are natural manganese dioxide
(``NMD'') and chemical manganese dioxide (``CMD'').''
For further information concerning the conduct of this phase of the
investigations, 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).
EFFECTIVE DATE: March 26, 2008.
FOR FURTHER INFORMATION CONTACT: Cynthia Trainor (202-205-3354), Office
of Investigations, 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 for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that imports of electrolytic
manganese dioxide from Australia and 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 investigations were requested in a petition
filed on August 22, 2007, by Tronox, LLC, Oklahoma City, OK.
Participation in the investigations 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 these
investigations 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 investigations 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
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 these investigations
available to authorized applicants under the APO issued in the
investigations, 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 investigations. A party granted access
to BPI in the preliminary phase of the investigations 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
these investigations will be placed in the nonpublic record on July 10,
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 these investigations beginning at 9:30 a.m. on July 24,
2008, 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 July 16, 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 July 18,
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 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 July 17, 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 August 12, 2008; 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 investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before August 12, 2008. On September 8, 2008, 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 September 10, 2008, 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 Fed. Reg. 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
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 investigations must be
served on all other parties to the investigations (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: These investigations are 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: April 24, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-9417 Filed 4-29-08; 8:45 am]
BILLING CODE 7020-02-P