Pure Magnesium From China; Scheduling of a Full Five-Year Review.
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Abstract
The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 ("the Act") to determine whether revocation of the antidumping duty order on pure magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
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<title>Federal Register, Volume 87 Issue 210 (Tuesday, November 1, 2022)</title>
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[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65822-65823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23763]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-696 (Fifth Review)]
Pure Magnesium From China; Scheduling of a Full Five-Year Review.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of a full
review pursuant to the Tariff Act of 1930 (``the Act'') to determine
whether revocation of the antidumping duty order on pure magnesium from
China would be likely to lead to continuation or recurrence of material
injury within a reasonably foreseeable time. The Commission has
determined to exercise its authority to extend the review period by up
to 90 days.
DATES: October 27, 2022
FOR FURTHER INFORMATION CONTACT: Caitlyn Hendricks-Costello (202-205-
2058), 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 (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
review may be viewed on the Commission's electronic docket (EDIS) at
<a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--On June 6, 2022, the Commission determined that
responses to its notice of institution of the subject
[[Page 65823]]
five-year review were such that a full review should proceed (87 FR
35997, June 14, 2022); accordingly, a full review is being scheduled
pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C.
1675(c)(5)). A record of the Commissioners' votes, the Commission's
statement on adequacy, and any individual Commissioner's statements are
available from the Office of the Secretary and at the Commission's
website.
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 this review 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, by 45 days after
publication of this notice. A party that filed a notice of appearance
following publication of the Commission's notice of institution of the
review need not file an additional notice of appearance. 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.
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 and B (19 CFR part 201),
and part 207, subparts A, D, E, and F (19 CFR part 207).
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
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 this review available to authorized
applicants under the APO issued in the review, provided that the
application is made by 45 days after publication of this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the review. A party granted
access to BPI following publication of the Commission's notice of
institution of the review 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 review will be
placed in the nonpublic record on February 21, 2023, and a public
version will be issued thereafter, pursuant to section 207.64 of the
Commission's rules.
Hearing.-- The Commission will hold an in-person hearing at the
U.S. International Trade Commission building in connection with this
review beginning at 9:30 a.m. on March 14, 2023. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before March 6, 2023. Any requests to appear as a
witness via videoconference must be included with your request to
appear. Requests to appear via videoconference must include a statement
explaining why the witness cannot appear in person; the Chairman, or
other person designated to conduct the review, may in their discretion
for good cause shown, grant such a request. Requests to appear as
remote witness due to illness or a positive COVID-19 test result may be
submitted by 3pm the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
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 March 8, 2023, if deemed
necessary. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on March 13, 2023. 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 to the review may submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of section 207.65 of the Commission's rules; the
deadline for filing is March 2, 2023. Parties shall also file written
testimony in connection with their presentation at the hearing and
posthearing briefs, which must conform with the provisions of section
207.67 of the Commission's rules. The deadline for filing posthearing
briefs is March 23, 2023. In addition, any person who has not entered
an appearance as a party to the review may submit a written statement
of information pertinent to the subject of the review on or before
March 23, 2023. On April 18, 2023, 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 April 20, 2023, but such final comments must not contain new
factual information and must otherwise comply with section 207.68 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
Handbook on Filing Procedures, available on the Commission's website at
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
elaborates upon the Commission's procedures with respect to filings.
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 review must be served on
all other parties to the review (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.
The Commission has determined that this review is extraordinarily
complicated and therefore has determined to exercise its authority to
extend the review period by up to 90 days pursuant to 19
U.S.C.1675(c)(5)(B).
Authority: This review is being conducted under authority of title
VII of the Tariff Act of 1930; this notice is published pursuant to
section 207.62 of the Commission's rules.
By order of the Commission.
Issued: October 27, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-23763 Filed 10-31-22; 8:45 am]
BILLING CODE 7020-02-P
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