82 FR 19383 - Silicon Metal from Australia, Brazil, Kazakhstan, and Norway

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 80 (April 27, 2017)

Page Range		19383-19383
FR Document		2017-08535

Federal Register, Volume 82 Issue 80 (Thursday, April 27, 2017)

[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Page 19383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08535]



[[Page 19383]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-567-569 and 731-TA-1343-1345 (Preliminary)]


Silicon Metal from Australia, Brazil, Kazakhstan, and Norway

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of silicon 
metal from Australia, Brazil, and Norway, provided for in subheadings 
2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be sold at less-than-fair-value 
(``LTFV'') and imports of silicon metal alleged to be subsidized by the 
governments of Australia, Brazil, and Kazakhstan.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations under sections 703(b) or 733(b) of 
the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) or 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
Industrial users, and, if the merchandise under investigation is sold 
at the retail level, representative consumer organizations have the 
right to appear as parties in Commission antidumping and countervailing 
duty investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On March 8, 2017, Globe Specialty Metals, Inc., Beverly, Ohio filed 
a petition with the Commission and Commerce, alleging that an industry 
in the United States is materially injured or threatened with material 
injury by reason of subsidized imports of silicon metal from Australia, 
Brazil, and Kazakhstan, and LTFV imports of silicon metal from 
Australia, Brazil, and Norway. Accordingly, effective March 8, 2017, 
the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 
U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty 
investigation Nos. 701-TA-567-569 and antidumping duty investigation 
Nos. 731-TA-1343-1345 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference 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 March 14, 2017 (82 FR 16353). The 
conference was held in Washington, DC, on March 29, 2017, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It 
completed and filed its determinations in these investigations on April 
24, 2017. The views of the Commission are contained in USITC 
Publication 4685 (May 2017), entitled Silicon Metal from Australia, 
Brazil, Kazakhstan, and Norway: Investigation Nos. 701-TA-567-569 and 
731-TA-1343-1345 (Preliminary).

    By order of the Commission.

    Issued: April 24, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-08535 Filed 4-26-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices 19383

INTERNATIONAL TRADE Background The Show Cause Order proposed the
COMMISSION On March 8, 2017, Globe Specialty revocation of Respondent’s DEA
Metals, Inc., Beverly, Ohio filed a Certificate of Registration No.
[Investigation Nos. 701–TA–567–569 and petition with the Commission and AM2281688, and the denial of any
731–TA–1343–1345 (Preliminary)] Commerce, alleging that an industry in applications to renew or modify his
the United States is materially injured registration, as well as the denial of
Silicon Metal from Australia, Brazil, or threatened with material injury by ‘‘any applications for any other DEA
Kazakhstan, and Norway reason of subsidized imports of silicon registrations,’’ on the ground that he has
metal from Australia, Brazil, and ‘‘no state authority to handle controlled
Determinations Kazakhstan, and LTFV imports of substances.’’ Show Cause Order, at 1
silicon metal from Australia, Brazil, and (citing 21 U.S.C. 824(a)(3) and
On the basis of the record 1 developed 823(a)(3)).1
Norway. Accordingly, effective March 8,
in the subject investigations, the United As to the Agency’s jurisdiction, the
2017, the Commission, pursuant to
States International Trade Commission Show Cause Order alleged that
sections 703(a) and 733(a) of the Act (19
(‘‘Commission’’) determines, pursuant Respondent is registered ‘‘as a
U.S.C. 1671b(a) and 1673b(a)), instituted
to the Tariff Act of 1930 (‘‘the Act’’), practitioner in Schedules II through V’’
countervailing duty investigation Nos.
that there is a reasonable indication that 701–TA–567–569 and antidumping under the above registration, at the
an industry in the United States is duty investigation Nos. 731–TA–1343– location of ‘‘Colorado Lipidology
materially injured by reason of imports 1345 (Preliminary). Associates, 633 17th Street, Ste. 100,
of silicon metal from Australia, Brazil, Notice of the institution of the Denver, Co.’’ Id. The Order alleges that
and Norway, provided for in Commission’s investigations and of a Respondent’s registration does not
subheadings 2804.69.10 and 2804.69.50 public conference to be held in expire until January 31, 2019. Id.
of the Harmonized Tariff Schedule of connection therewith was given by As to the substantive ground for the
the United States, that are alleged to be posting copies of the notice in the Office proceeding, the Show Cause Order
sold at less-than-fair-value (‘‘LTFV’’) of the Secretary, U.S. International alleged that ‘‘[o]n July 19, 2016, the
and imports of silicon metal alleged to Trade Commission, Washington, DC, Colorado Medical Board suspended
be subsidized by the governments of and by publishing the notice in the [Respondent’s] medical license.’’ Id. at
Australia, Brazil, and Kazakhstan. Federal Register of March 14, 2017 (82 2. The Show Cause Order then alleged
FR 16353). The conference was held in that Respondent is ‘‘currently without
Commencement of Final Phase
Washington, DC, on March 29, 2017, authority to practice medicine or handle
Investigations controlled substances in the State of
and all persons who requested the
Pursuant to section 207.18 of the opportunity were permitted to appear in Colorado, the [S]tate in which [he is]
Commission’s rules, the Commission person or by counsel. registered with’’ DEA, and that as a
also gives notice of the commencement The Commission made these consequence, his registration is subject
of the final phase of its investigations. determinations pursuant to sections to revocation.2
The Commission will issue a final phase 703(a) and 733(a) of the Act (19 U.S.C. Following service of the Show Cause
notice of scheduling, which will be 1671b(a) and 1673b(a)). It completed Order, Respondent requested a hearing.
published in the Federal Register as and filed its determinations in these The matter was placed on the docket of
provided in section 207.21 of the investigations on April 24, 2017. The the Office of Administrative Law Judges
Commission’s rules, upon notice from views of the Commission are contained and assigned to ALJ Charles Wm.
the Department of Commerce in USITC Publication 4685 (May 2017), Dorman who issued an order directing
(‘‘Commerce’’) of affirmative entitled Silicon Metal from Australia, the Government to file evidence
preliminary determinations in the Brazil, Kazakhstan, and Norway: supporting the allegation and ‘‘any
investigations under sections 703(b) or Investigation Nos. 701–TA–567–569 and motion for summary disposition’’ by 2
731–TA–1343–1345 (Preliminary). p.m. on November 7, 2016. Briefing
733(b) of the Act, or, if the preliminary
Schedule For Lack Of State Authority
determinations are negative, upon By order of the Commission.
Allegations (Briefing Schedule), at 1. In
notice of affirmative final Issued: April 24, 2017.
determinations in those investigations William R. Bishop, 1 As for the citation to 21 U.S.C. 823(a)(3), this
under sections 705(a) or 735(a) of the Supervisory Hearings and Information provision is a public interest factor applicable to
Act. Parties that filed entries of Officer. applicants for registration to manufacture schedule
appearance in the preliminary phase of [FR Doc. 2017–08535 Filed 4–26–17; 8:45 am] I and II controlled substances, which directs the
Agency to consider the ‘‘promotion of technical
the investigations need not enter a BILLING CODE 7020–02–P advances in the art of manufacturing these
separate appearance for the final phase substances and the development of new
of the investigations. Industrial users, substances.’’ This provision is not applicable to this
and, if the merchandise under case, which involves a practitioner registered under
DEPARTMENT OF JUSTICE section 823(f).
investigation is sold at the retail level,
While the Government also proposes the denial
representative consumer organizations Drug Enforcement Administration of ‘‘any applications for any other DEA
have the right to appear as parties in registrations,’’ because this proceeding is based
[Docket No. 17–4]
Commission antidumping and solely on Respondent’s lack of state authority in
Colorado, the Agency’s authority to deny an
countervailing duty investigations. The Robert Clark Maiocco, M.D.; Decision application is limited to an application for a
mstockstill on DSK30JT082PROD with NOTICES

Secretary will prepare a public service and Order registration in Colorado.
list containing the names and addresses 2 The Show Cause Order also notified Respondent

of all persons, or their representatives, On September 22, 2016, the Assistant of his right to request a hearing or to submit a
who are parties to the investigations. Administrator, Diversion Control written statement in lieu of a hearing, the procedure
Division, Drug Enforcement for electing either option, and the consequence of
failing to elect either option. Show Cause Order, at
1 The record is defined in sec. 207.2(f) of the Administration, issued an Order to 2. Also, the Show Cause Order notified Respondent
Commission’s Rules of Practice and Procedure (19 Show Cause to Robert Clark Maiocco, of his right to submit a Corrective Action Plan. 21
CFR 207.2(f)). M.D. (Respondent), of Denver, Colorado. U.S.C. 824(c)(2)(C).

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Document Created: 2017-04-27 01:39:45
Document Modified: 2017-04-27 01:39:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 19383