[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Page 14260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. 731-TA-991 (Final)]

Silicon Metal From Russia


    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
(Commission) determines,\2\ pursuant to section 735(b) of the Tariff 
Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the 
United States is materially injured by reason of imports from Russia of 
silicon metal,\3\ provided for in subheadings 2804.69.10 and 2804.69.50 
of the Harmonized Tariff Schedule of the United States, that have been 
found by the Department of Commerce (Commerce) to be sold in the United 
States at less than fair value (LTFV). The Commission further 
determines that critical circumstances do not exist with regard to 
imports of silicon metal from Russia that are subject to Commerce's 
affirmative critical circumstances determination.

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
rules of practice and procedure (19 CFR 207.2(f)).
    \2\ Chairman Okun did not participate in this investigation.
    \3\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``silicon metal, 
which generally contains at least 96.00 percent but less than 99.99 
percent silicon by weight. The merchandise covered by this 
investigation also includes silicon metal from Russia containing 
between 89.00 and 96.00 percent silicon by weight, but containing 
more aluminum than the silicon metal which contains at least 96.00 
percent but less than 99.99 percent silicon by weight.''


    The Commission instituted this investigation effective March 7, 
2002, following receipt of a petition filed with the Commission and 
Commerce by Globe Metallurgical Inc., Cleveland, OH; SIMCALA, Inc., Mt. 
Meigs, AL; the International Union of Electronic, Electrical, Salaried, 
Machine and Furniture Workers (I.U.E.-C.W.A, AFL-CIO, C.L.C., Local 
693), Selma, AL; the Paper, Allied-Industrial Chemical and Energy 
Workers International Union (Local 5-89), Boomer, WV; and the United 
Steel Workers of America (AFL-CIO, Local 9436), Niagara Falls, NY. The 
final phase of the investigation was scheduled by the Commission 
following notification of a preliminary determination by Commerce that 
imports of silicon metal from Russia were being sold at LTFV within the 
meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of 
the scheduling of the final phase of the Commission's investigation and 
of a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of September 30, 2002 (67 FR 61351). The 
hearing was held in Washington, DC, on February 5, 2003, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on March 19, 2003. The views of the 
Commission are contained in USITC Publication 3584 (March 2003), 
entitled Silicon Metal from Russia: Investigation No. 731-TA-991 

    Issued: March 18, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-6942 Filed 3-21-03; 8:45 am]