[Federal Register: May 8, 2002 (Volume 67, Number 89)]
[Notices]
[Page 30962-30963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my02-154]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-747 (Review)]
Fresh Market Tomatoes From Mexico
AGENCY: International Trade Commission.
ACTION: Scheduling of a full five-year review concerning the suspended
antidumping duty investigation on fresh market tomatoes from Mexico.
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SUMMARY: The Commission hereby gives notice of the scheduling of a full
review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19
U.S.C. 1675(c)(5)) (the Act) to determine whether termination of the
suspended antidumping duty investigation on fresh market tomatoes from
Mexico would be likely to lead to continuation or recurrence of
material injury within a reasonably foreseeable time. For further
information concerning the conduct of this review 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, D, E, and F (19 CFR part 207).
EFFECTIVE DATE: May 2, 2002.
[[Page 30963]]
FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200),
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
On January 4, 2002, the Commission determined that responses to its
notice of institution of the subject five-year review were such that a
full review pursuant to section 751(c)(5) of the Act should proceed (67
FR 3229, January 23, 2002). A record of the Commissioners' votes, the
Commission's statement on adequacy, and any individual Commissioner's
statements are available from the Office of the Secretary and at the
Commission's web site.
Participation in the Review 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 this review as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11 of the Commission's rules, by 45 days after
publication of this notice. A party that filed a notice of appearance
following publication of the Commission's notice of institution of the
review need not file an additional notice of appearance. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
review.
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 review available to authorized
applicants under the APO issued in the review, provided that the
application is made by 45 days after publication of this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. Sec. 1677(9), who are parties to the review. A party granted
access to BPI following publication of the Commission's notice of
institution of the review 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 review will be placed in the
nonpublic record on July 12, 2002, and a public version will be issued
thereafter, pursuant to section 207.64 of the Commission's rules.
Hearing
The Commission will hold a hearing in connection with the review
beginning at 9:30 a.m. on August 2, 2002, 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 July
29, 2002. 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 July 31, 2002, at the U.S.
International Trade Commission Building. Oral testimony and written
materials to be submitted at the public hearing are governed by
Secs. 201.6(b)(2), 201.13(f), 207.24, and 207.66 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 to the review may submit a prehearing brief to the
Commission. Prehearing briefs must conform with the provisions of
Sec. 207.65 of the Commission's rules; the deadline for filing is July
24, 2002. Parties may also file written testimony in connection with
their presentation at the hearing, as provided in Sec. 207.24 of the
Commission's rules, and posthearing briefs, which must conform with the
provisions of Sec. 207.67 of the Commission's rules. The deadline for
filing posthearing briefs is August 13, 2002; 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 review may
submit a written statement of information pertinent to the subject of
the review on or before August 15, 2002. On September 4, 2002, 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 6, 2002, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.68 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Secs. 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 Secs. 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the review must be served on
all other parties to the review (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 review is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.62 of the Commission's rules.
Issued: May 3, 2002.
By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-11481 Filed 5-7-02; 8:45 am]
BILLING CODE 7020-02-P