[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2616-2617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-124]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1012 (Review)]
Certain Frozen Fish Fillets From Vietnam
AGENCY: United States International Trade Commission.
ACTION: Scheduling of a full five-year review concerning the
antidumping duty order on certain frozen fish fillets from Vietnam.
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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 revocation of the
antidumping duty order on certain frozen fish fillets from Vietnam
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).
DATES: Effective Date: January 9, 2009.
FOR FURTHER INFORMATION CONTACT: Russell Duncan (202-708-4727,
russell.duncan@usitc.gov), 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 review may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On October 6, 2008, 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 (73 FR 62318, Monday, October 20, 2008). 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 section 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. 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 April 16, 2009, 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 May 6, 2009, 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 May
1, 2009. 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 May 4, 2009, 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), 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 business 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 section 207.65 of the Commission's rules; the
deadline for filing is April 27, 2009. 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 207.67 of the
Commission's rules. The deadline for filing posthearing briefs is May
15, 2009; witness testimony must be filed no later than two days before
the hearing. In
[[Page 2617]]
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 May 15, 2009. On June 8, 2009,
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 June 10, 2009, but such final
comments must not contain new factual information and must otherwise
comply with section 207.68 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). Even where electronic filing
of a document is permitted, certain documents must also be filed in
paper form, as specified in II (C) of the Commission's Handbook on
Electronic Filing Procedures, 67 FR 68168, 68173 (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 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 section 207.62 of the Commission's rules.
Issued: January 12, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-800 Filed 1-14-09; 8:45 am]
BILLING CODE 7020-02-P