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Saccharin from China - USITC

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Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Notices72837rwilkins on PROD1PC63 with NOTICES205–1810. Persons with mobilityimpairments who will need specialassistance in gaining access to theCommission should contact the Officeof the Secretary at 202–205–2000.General information concerning theCommission may also be obtained byaccessing its Internet server (http://www.usitc.gov). The public record ofinvestigation Nos. 731–TA–394–A &399–A may be viewed on theCommission’s electronic docket(‘‘EDIS’’) at http://edis.usitc.gov.SUPPLEMENTARY INFORMATION:Background.—In June 2006, theCommission determined that revocationof the antidumping duty orders on ballbearings <strong>from</strong> France, Germany, Italy,Japan, and the United Kingdom wouldbe likely to lead to continuation orrecurrence of material injury to anindustry in the United States within areasonable foreseeable time. TheCommission’s determinations for Japanand the United Kingdom were appealedto the Court of International Trade. OnSeptember 9, 2008, the Court issued adecision remanding the matter to theCommission for further proceedings.NSK v. United States, Slip Op. 08–95(Ct. Int’l Trade, Sept. 9, 2008). In itsopinion, the Court issued an orderinstructing the Commission to (1)‘‘conduct a Bratsk analysis of nonsubjectimports as outlined in thisopinion;’’(2) ‘‘reassess supplyconditions within the domesticindustry,’’ i.e., the industry’srestructuring efforts during the period ofreview, and (3) ‘‘reexamine its findingswith regard to likely impact and itsdecision to cumulate imports <strong>from</strong> theUnited Kingdom in light of changes inits determinations that may result as aconsequence of the foregoing remandinstructions.’’ The Commission initiatedits remand proceeding on October 8,2008.On September 18, 2008, the U.S.Court of Appeals for the Federal Circuitissued its opinion in Mittal Steel PointLisas, Ltd. v. United States (Ct. No.2007–1552), which clarified and limitedits holding in Bratsk AluminiumSmelter v. United States, 444 F.3d 1369(Fed. Cir. 2006). On October 9, 2008, theCommission filed a motion forreconsideration with the Court ofInternational Trade (‘‘CIT’’), requestingthat the CIT reconsider its decision inlight of the Federal Circuit’s analysis inMittal. As part of that motion, theCommission also requested the CIT toissue a stay of its remand proceedingpending the Court’s disposition of themotion for reconsideration. Defendant-Intervenor The Timken Company(‘‘Timken’’) filed a similar motion forreconsideration and a motion to stay theremand proceeding.On October 29, 2008, the CIT grantedthe motions of the Commission andTimken and ordered a stay of theCommission’s remand proceeding. Inthat Order, the CIT also directed that thestay shall remain in effect until theCourt has ruled on the pending motionsfor reconsideration.Accordingly, the remand proceedingsin this matter are hereby stayed pendingfurther order.By order of the Commission.Issued: November 24, 2008.William R. Bishop,Acting Secretary to the Commission.[FR Doc. E8–28392 Filed 11–28–08; 8:45 am]BILLING CODE 7020–02–PINTERNATIONAL TRADECOMMISSION[Investigation Nos. 731–TA–986 and 987(Review)]Ferrovanadium From <strong>China</strong> and SouthAfricaDeterminationsOn the basis of the record 1 developedin the subject five-year reviews, theUnited States International TradeCommission (Commission) determines,pursuant to section 751(c) of the TariffAct of 1930 (19 U.S.C. 1675(c)), thatrevocation of the antidumping dutyorders on ferrovanadium <strong>from</strong> <strong>China</strong>and South Africa would be likely to leadto continuation or recurrence of materialinjury to an industry in the UnitedStates within a reasonably foreseeabletime.BackgroundThe Commission instituted thesereviews on December 3, 2007 (72 FR67962) and determined on March 7,2008 that it would conduct full reviews(73 FR 14484, March 18, 2008). Noticeof the scheduling of the Commission’sreviews and of a public hearing to beheld in connection therewith was givenby posting copies of the notice in theOffice of the Secretary, U.S.International Trade Commission,Washington, DC, and by publishing thenotice in the Federal Register on July 8,2008 (73 FR 39040). The hearing washeld in Washington, DC, on October 7,2008, and all persons who requested theopportunity were permitted to appear inperson or by counsel.The Commission transmitted itsdeterminations in these reviews to the1 The record is defined in § 207.2(f) of theCommission’s Rules of Practice and Procedure (19CFR 207.2(f)).Secretary of Commerce on November24, 2008.The views of the Commission arecontained in <strong>USITC</strong> Publication 4046(November 2008), entitledFerrovanadium <strong>from</strong> <strong>China</strong> and SouthAfrica: Investigation Nos. 731–TA–986–987 (Review).By order of the Commission.Issued: November 24, 2008.William R. Bishop,Acting Secretary to the Commission.[FR Doc. E8–28393 Filed 11–28–08; 8:45 am]BILLING CODE 7020–02–PINTERNATIONAL TRADECOMMISSION[Investigation No. 731–TA–1013 (Review)]<strong>Saccharin</strong> From <strong>China</strong>VerDate Aug2005 16:47 Nov 28, 2008 Jkt 217001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1AGENCY: United States InternationalTrade Commission.ACTION: Scheduling of a full five-yearreview concerning the antidumpingduty order on saccharin <strong>from</strong> <strong>China</strong>.SUMMARY: The Commission hereby givesnotice of the scheduling of a full reviewpursuant to section 751(c)(5) of theTariff Act of 1930 (19 U.S.C. 1675(c)(5))(the Act) to determine whetherrevocation of the antidumping dutyorder on saccharin <strong>from</strong> <strong>China</strong> would belikely to lead to continuation orrecurrence of material injury within areasonably foreseeable time. For furtherinformation concerning the conduct ofthis review and rules of generalapplication, consult the Commission’sRules of Practice and Procedure, part201, subparts A through E (19 CFR part201), and part 207, subparts A, D, E, andF (19 CFR part 207).DATES: Effective Date: November 24,2008.FOR FURTHER INFORMATION CONTACT:Cynthia Trainor (202–205–3354), Officeof Investigations, U.S. InternationalTrade Commission, 500 E Street, SW.,Washington, DC 20436. Hearingimpairedpersons can obtaininformation on this matter by contactingthe Commission’s TDD terminal on 202–205–1810. Persons with mobilityimpairments who will need specialassistance in gaining access to theCommission should contact the Officeof the Secretary at 202–205–2000.General information concerning theCommission may also be obtained byaccessing its Internet server (http://www.usitc.gov) . The public record forthis review may be viewed on theCommission’s electronic docket (EDIS)at http://edis.usitc.gov.SUPPLEMENTARY INFORMATION:

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