[Federal Register: July 23, 2004 (Volume 69, Number 141)]
[Notices]
[Page 44061-44062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy04-102]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 332-350 and 332-351]
Monitoring of U.S. Imports of Tomatoes; Monitoring of U.S.
Imports of Peppers
AGENCY: United States International Trade Commission.
ACTION: Notice of opportunity to submit information for 2004 monitoring
reports and notice that future reports will be made available only in
electronic format.
-----------------------------------------------------------------------
SUMMARY: Pursuant to statute (see below), the Commission monitors U.S.
imports of fresh or chilled tomatoes and fresh or chilled peppers, and
gathers data on such imports. The Commission has made this data series
available to the public on an annual basis. The Commission is in the
process of preparing its data series for the period ending June 30,
2004, and is seeking input from interested members of the public for
the reports it plans to publish in November. The Commission is also
giving notice that, beginning with the November 2004 reports, it will
make such reports available only in electronic format, posted on the
Commission's Web site.
For further information concerning the conduct of these
investigations 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).
DATES: Effective Date: July 15, 2004.
FOR FURTHER INFORMATION CONTACT: Timothy McCarty (202-205-3324,
mccarty@usitc.gov) or Cathy Jabara (202-205-3309, jabara@usitc.gov),
Agriculture and Forest Products Division, Office of Industries, U.S.
International Trade Commission, 500 E Street, SW., Washington, DC
20436, for general information, or William Gearhart (202-205-3091,
wgearhart@usitc.gov), Office of the General Counsel, U.S. International
Trade Commission, for information on legal aspects. Hearing-impaired
persons can obtain information on this matter by contacting the
Commission's TDD terminal on (202) 205-1810. 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-ON LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION: Background.--Section 316 of the North
American Free-Trade Agreement Implementation Act (NAFTA Implementation
Act (19 U.S.C. 3881)) requires that the Commission monitor U.S. imports
of fresh or chilled tomatoes (HTS heading 0702.00) and fresh or chilled
peppers, other than chili peppers (HTS subheading 0709.60.00), until
January 1, 2009, for purposes of expediting an investigation concerning
provisional relief under section 202 of the Trade Act of 1974. It does
not require that the Commission publish reports on this monitoring
activity or otherwise make the information available to the public.
However, the Commission maintains current data files on tomatoes and
peppers in order to conduct an expedited 21-day investigation should a
request be received.\1\ In response to the monitoring directive, the
Commission instituted investigation No. 332-350, Monitoring of U.S.
Imports of Tomatoes (59 FR 1763) and investigation No. 332-351,
Monitoring of U.S. Imports of Peppers (59 FR 1762).
---------------------------------------------------------------------------
\1\ The domestic industry producing a like or directly
competitive perishable agricultural product may request, in a global
safeguard petition filed under section 202 of the Trade Act of 1974
or a bilateral safeguard petition filed under section 302 of the
NAFTA Implementation Act, that provisional relief be provided
pending completion of a full section 202 or 302 investigation. If
provisional relief is requested, the Commission has 21 days in which
to make its decision and to transmit any provisional relief
recommendation to the President.
---------------------------------------------------------------------------
Under this proposal, data files will be stored electronically and
will be maintained and made available to the public on the Commission's
Web site until one year after the monitoring requirement expires on
January 1, 2009. The most recent monitoring reports were published in
November 2003 for tomatoes and peppers.
Written submissions.--The Commission does not plan to hold a public
hearing in connection with these investigations. However, interested
persons are invited to submit written statements concerning the manner
in which these reports will be made available or matters to be
addressed in the reports. Commercial or financial information which a
submitter desires the Commission to treat as confidential must be
provided on separate sheets of paper, each clearly marked
``Confidential Business Information'' at the top. All submissions
requesting
[[Page 44062]]
confidential treatment must conform with the requirements of section
201.6 of the Commission's Rules of Practice and Procedure (19 CFR
201.6). All written submissions, except for confidential business
information, will be made available in the Office of the Secretary of
the Commission for inspection by interested persons. The Commission
will not include any confidential business information in its
monitoring reports, but may include such information in a report to the
President under section 202 or 302 if a request for such an
investigation were received. To be assured of consideration by the
Commission, written statements relating to the Commission's reports
should be submitted to the Commission in accordance with section 201.8
of the Commission's rules at the earliest practical date and should be
received no later than the close of business on August 27, 2003. All
submissions should be addressed to the Secretary, United States
International Trade Commission, 500 E Street, SW., Washington, DC
20436. The Commission's rules do not authorize filing submissions with
the Secretary by facsimile or electronic means, except to the extent
permitted by section 201.8 of the Commission's Rules of Practice and
Procedure (19 CFR 201.8) (see Handbook for Electronic Filing
Procedures, ftp://ftp.usitc.gov/pub/reports/electronic_filing_handbook.pdf
). Person with questions regarding electronic filing should contact the Secretary (202-205-2000 or edis@usitc.gov).
Issued: July 20, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-16869 Filed 7-22-04; 8:45 am]
BILLING CODE 7020-02-P