[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Notices]               
[Page 9643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-93]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1069 (Preliminary)]

 
Outboard Engines From Japan

Determination

    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
(Commission) determines, pursuant to section 733(a) of the Tariff Act 
of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable 
indication that an industry in the United States is materially injured 
by reason of imports from Japan of outboard engines and powerheads, 
provided for in subheading 8407.21.00 of the Harmonized Tariff Schedule 
of the United States, that are alleged to be sold in the United States 
at less than fair value (LTFV).
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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 Investigation

    Pursuant to Sec.  207.18 of the Commission's rules, the Commission 
also gives notice of the commencement of the final phase of its 
investigation. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in Sec.  207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of an affirmative preliminary 
determination in the investigation under section 733(b) of the Act, or, 
if the preliminary determination is negative, upon notice of an 
affirmative final determination in that investigation under section 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigation need not enter a separate 
appearance for the final phase of the investigation. 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 investigation.

Background

    On January 8, 2004, a petition was filed with the Commission and 
Commerce by Mercury Marine, a division of Brunswick Corp., Fond du Lac, 
WI, alleging that an industry in the United States is materially 
injured and threatened with material injury by reason of LTFV imports 
of outboard engines and powerheads from Japan. Accordingly, effective 
January 8, 2004, the Commission instituted antidumping duty 
investigation No. 731-TA-1069 (Preliminary).
    Notice of the institution of the Commission's investigation 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 January 14, 2004 (69 FR 2158). The 
conference was held in Washington, DC, on January 29, 2004, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on February 23, 2004. The views of the 
Commission are contained in USITC Publication 3673 (March 2004), 
entitled Outboard Engines from Japan: Investigation No. 731-TA-1069 
(Preliminary).

    Issued: February 24, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-4424 Filed 2-27-04; 8:45 am]

BILLING CODE 7020-02-P