[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9608-9609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3766]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-920 (Review) (Remand)]
Certain Welded Large Diameter Line Pipe From Mexico
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The U.S. International Trade Commission (``Commission'')
hereby gives notice of its remand proceeding with respect to its
negative determination in the five-year review of the antidumping duty
order on certain welded large diameter line pipe from Mexico. 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: February 18, 2011.
FOR FURTHER INFORMATION CONTACT: Karl von Schriltz (202-205-3096),
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 No. 731-TA-920 (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 antidumping duty order covering certain welded large
diameter line pipe from Mexico 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. On April 21, 2008,
six months after completion of the Commission's review, the Mexican
producer Tuberias Procarsa, S.A. de C.V. (``Procarsa'') attempted to
file with the Commission a revised foreign producers' questionnaire
response which sought to revise certain aspects of its originally
reported capacity, production, and shipment data. On April 24, 2008,
the Commission rejected the submission on the grounds that it was
untimely filed.
On November 21, 2007, the domestic producer United States Steel
Corporation (``U.S. Steel'') filed a request for review of the
Commission's determination by a binational panel under Article 1904 of
the North American Free Trade Agreement. The parties completed briefing
in the proceeding in 2008 and 2009. The Panel held a hearing in the
proceeding on July 22, 2010.
On January 18, 2011, the Panel issued an opinion in the matter. In
its opinion, the Panel affirmed the Commission's reliance on the
existence of differing conditions of competition for Mexico and Japan
when deciding not to exercise its discretion to cumulate the subject
imports from those countries. The Panel also held that U.S. Steel was
barred
[[Page 9609]]
from raising in this proceeding ``arguments regarding the asserted
discrepancy between the questionnaire responses and the staff's finding
that the Mexican producers reported theoretical capacity,'' finding
that U.S. Steel failed to exhaust its administrative remedies before
the Commission. Panel Opinion at 25.
Nonetheless, the Panel remanded the Commission's determination so
that the Commission could take into account Procarsa's revised foreign
producers' questionnaire response and re-consider its cumulation and
likely injury analysis for Mexico in light of the revised response.
Specifically, the Panel indicated that the Commission should consider
the revised data in light of its potential impact on the Commission's
analysis of the Mexican industry's home market orientation, its
capacity trends, and the presence of Mexican imports in the U.S.
market. The Panel noted that the revised data did not affect the
Commission's finding concerning Procarsa's product range during the
period.
Participation in the proceeding.--Only those persons who were
interested parties that participated in the review (i.e., persons
listed on the Commission Secretary's service list) and also parties to
the NAFTA panel proceeding may participate in the remand proceeding.
Such persons need not make any additional filings with the Commission
to participate in the remand proceeding, unless they are adding new
individuals to the list of persons entitled to receive business
proprietary information under administrative protective order. Business
proprietary information (``BPI'') referred to during the remand
proceeding will be governed, as appropriate, by the administrative
protective order issued in the review.
Written Submissions.--The Commission is reopening the record in
this proceeding for the sole purpose of accepting Procarsa's revised
foreign producers' questionnaire response into the record. It will not
otherwise accept the submission of new factual information for the
record. The Commission will permit the parties to file comments
concerning the new factual information submitted on the record during
the remand proceeding. Those comments should be limited solely to the
issue of whether and how the data contained in Procarsa's revised
foreign producer's questionnaire will affect the Commission's
cumulation and likely injury findings for Mexico, including its
findings relating to the Mexican industry's home market orientation,
its capacity trends, and the presence of Mexican imports in the U.S.
market. The parties may not use this opportunity to comment on any
other issue, including any ``asserted discrepancy between the
questionnaire responses and the staff's finding that the Mexican
producers reported theoretical capacity.'' Panel Opinion at 25.
The comments must be based solely on the information in the
Commission's record. The Commission will reject submissions containing
additional factual information or arguments pertaining to issues other
than those on which the Panel has remanded this matter. The deadline
for filing comments is March 8, 2011. Comments shall be limited to no
more than twenty (20) 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 this 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: February 15, 2011.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2011-3766 Filed 2-17-11; 8:45 am]
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