[Federal Register: April 4, 2001 (Volume 66, Number 65)]
[Notices]
[Page 17926-17927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap01-94]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-925 (Preliminary)]
Greenhouse Tomatoes From Canada
AGENCY: International Trade Commission.
ACTION: Institution of antidumping investigation and scheduling of a
preliminary phase investigation.
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SUMMARY: The Commission hereby gives notice of the institution of an
investigation and commencement of preliminary phase antidumping
investigation No. 731-TA-925 (Preliminary) under section 733(a) of the
Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether
there is a reasonable indication that 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 imports from Canada of greenhouse tomatoes,\1\
provided for in subheadings 0702.00.20, 0702.00.40, and 0702.00.60 of
the Harmonized Tariff Schedule of the United States, that are alleged
to be sold in the United States at less than fair value. Unless the
Department of Commerce extends the time for initiation pursuant to
section 732(c)(1)(B) of the Act (19 U.S.C.
[[Page 17927]]
1673a(c)(1)(B)), the Commission must reach a preliminary determination
in antidumping investigations in 45 days, or in this case by May 14,
2001. The Commission's views are due at the Department of Commerce
within five business days thereafter, or by May 21, 2001.
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\1\ All fresh or chilled tomatoes for the fresh market,
including, e.g., common round tomatoes, cherry tomatoes, plum or
pear tomatoes, and cluster or ``on-the-vine'' tomatoes. The product
is limited to tomatoes grown in greenhouses and excludes field-grown
tomatoes.
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For further information concerning the conduct of this
investigation 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 B (19 CFR
part 207).
EFFECTIVE DATE: March 28, 2001.
FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202-205-3182),
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 this
investigation may be viewed on the Commission's electronic docket
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION:
Background
This investigation is being instituted in response to a petition
filed on March 28, 2001, by Carolina Hydroponic Growers Inc., Leland,
NC; Eurofresh, Willcox, AZ; HydroAge, Cocoa, FL; Sunblest Management,
Fort Lupton, CO; Sunblest Farms, Peyton, CO; and Village Farms, LP,
Eatontown, NJ.
Participation in the Investigation and Public Service List
Persons (other than petitioners) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in sections 201.11 and 207.10
of the Commission's rules, not later than seven days after publication
of this notice in the Federal Register. 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 investigations. The Secretary will
prepare a public service list containing the names and addresses of all
persons, or their representatives, who are parties to this
investigation upon the expiration of the period for filing entries of
appearance.
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 investigation available to
authorized applicants representing interested parties (as defined in 19
U.S.C. 1677(9)) who are parties to the investigation under the APO
issued in the investigation, provided that the application is made not
later than seven days after the publication of this notice in the
Federal Register. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Conference
The Commission's Director of Operations has scheduled a conference
in connection with this investigation for 9:30 a.m. on April 18, 2001,
at the U.S. International Trade Commission Building, 500 E Street SW.,
Washington, DC. Parties wishing to participate in the conference should
contact Olympia Hand (202-205-3182) not later than April 11, 2001, to
arrange for their appearance. Parties in support of the imposition of
antidumping duties in this investigation and parties in opposition to
the imposition of such duties will each be collectively allocated one
hour within which to make an oral presentation at the conference. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the conference.
Written Submissions
As provided in sections 201.8 and 207.15 of the Commission's rules,
any person may submit to the Commission on or before April 23, 2001, a
written brief containing information and arguments pertinent to the
subject matter of the investigation. Parties may file written testimony
in connection with their presentation at the conference no later than
three days before the conference. If briefs or written testimony
contain BPI, they must 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.
In accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigation must be served on all
other parties to the investigation (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: This investigation is being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.12 of the Commission's rules.
Issued: March 30, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-8275 Filed 4-3-01; 8:45 am]
BILLING CODE 7020-02-P