[Federal Register: November 17, 2004 (Volume 69, Number 221)]
[Notices]
[Page 67364-67365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no04-81]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-438 (Final) and 731-TA-1076 (Final)]
Live Swine From Canada
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-438 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigation No. 731-TA-
1076 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to
determine whether 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
less-than-fair-value and allegedly subsidized imports from Canada of
live swine, provided for in subheadings 0103.91.00 and 0103.92.00 of
the Harmonized Tariff Schedule of the United States (HTS).\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as all live swine from
Canada except breeding swine. Live swine are defined as four-legged,
monogastric (single-chambered stomach), and litter-bearing (litters
typically range from 8 to 12 animals), of the species sus scrofa
domesticus. This merchandise is currently provided for in HTS
statistical reporting numbers 0103.91.0010, 0103.91.0020,
0103.91.0030, 0103.92.0010, and 0103.92.0090.
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, 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 C
(19 CFR part 207).
DATES: Effective October 20, 2004.
FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-205-3188),
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
[[Page 67365]]
http://www.usitc.gov). The public record for these investigations may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov
.
SUPPLEMENTARY INFORMATION: Background. The final phase of these
investigations is being scheduled as a result of an affirmative
preliminary determination by the Department of Commerce that live swine
are being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in a petition filed on March 5, 2004, by the National
Pork Producers Council and numerous state associations and individual
pork producers.
Although the Department of Commerce has preliminarily determined
that imports of live swine from Canada are not being and are not likely
to be subsidized, for purposes of efficiency the Commission hereby
waives rule 207.21(b) \2\ so that the final phase of the investigations
may proceed concurrently in the event that Commerce makes a final
affirmative determination with respect to such imports.
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\2\ Section 207.21(b) of the Commission's rules provides that,
where the Department of Commerce has issued a negative preliminary
determination, the Commission will publish a Final Phase Notice of
Scheduling upon receipt of an affirmative final determination from
Commerce.
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Participation in the investigations 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 the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
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 the final phase of these investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations 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 final phase of
these investigations will be placed in the nonpublic record on February
22, 2005, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing. The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on March 8,
2005, 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 February 25, 2005. 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 March 2, 2005, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 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 who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is March 1, 2005. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is March 15, 2005; 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 investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before March 15, 2005. On March 30, 2005, 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 April 1, 2005, but such final
comments must not contain new factual information and must otherwise
comply with section 207.30 of the Commission's rules. All written
submissions must conform with the provisions of section 201.8 of the
Commission's rules; any submissions that contain BPI must also 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, except
to the extent permitted by section 201.8 of the Commission's rules, as
amended, 67 FR 68036 (November 8, 2002).
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (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: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
Issued: November 12, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-25496 Filed 11-16-04; 8:45 am]
BILLING CODE 7020-02-P