[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Notices]               
[Page 22093-22094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-109]                         

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-1054 and 1055 (Final)]

 
Light-Walled Rectangular Pipe and Tube From Mexico and Turkey

AGENCY: 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 investigations Nos. 731-TA-1054 and 1055 
(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 Mexico and 
Turkey of light-walled rectangular (``LWR'') pipe and tube, provided 
for in subheading 7306.60.50 of the Harmonized Tariff Schedule of the 
United States.\1\
    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).
---------------------------------------------------------------------------

    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``welded carbon-
quality pipe and tube of rectangular (including square) cross-
section, having a wall thickness of less than 0.156 inch. These LWR 
pipe and tube have rectangular cross sections ranging from 0.375 x 
0.625 inches to 2 x 6 inches, or square cross sections ranging from 
0.375 to 4 inches, regardless of specification.'' 69 FR 19403, Apr. 
13, 2004. The written description of the scope is dispositive.

---------------------------------------------------------------------------
EFFECTIVE DATE: April 13, 2004.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187), 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.

[[Page 22094]]


SUPPLEMENTARY INFORMATION:

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 LWR pipe and tube from Mexico and Turkey 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 September 9, 2003, by California 
Steel and Tube, City of Industry, CA; Hannibal Industries, Los Angeles, 
CA; Leavitt Tube Co., Chicago, IL; Maruichi American Corp., Santa Fe 
Springs, CA; Northwest Pipe Co., Portland, OR; Searing Industries, 
Inc., Rancho Cucamongo, CA; Vest, Inc., Los Angeles, CA; and Western 
Tube and Conduit Corp., Long Beach, CA.

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 
investigations.

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 August 17, 
2004, 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 August 31, 
2004, 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 August 25, 2004. 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 August 27, 2004, 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 
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 August 24, 2004. 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 September 7, 2004; 
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 on or before 
September 7, 2004. On September 22, 2004, 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 24, 2004, 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 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 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 20, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-9243 Filed 4-22-04; 8:45 am]
BILLING CODE 7020-02-P