[Federal Register: February 12, 2003 (Volume 68, Number 29)]
[Notices]
[Page 7131-7132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe03-57]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1012 (Final)]
Certain Frozen Fish Fillets from Vietnam
AGENCY: International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1012 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act)
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 imports from Vietnam of certain frozen fish
fillets, provided for in subheading 0304.20.60 of the Harmonized Tariff
Schedule of the United States.\1\
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as ``frozen fish
fillets, including regular, shank, and strip fillets, whether or not
breaded or marinated, of the species Pangasius Bocourti, Pangasius
Hypophthalmus (also known as Pangasius Pangasius), and Pangasius
Micronemus. The subject merchandise will be hereinafter referred to
as frozen `basa' and `tra' fillets, which are the Vietnamese common
names for these species of fish.''
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For further information concerning the conduct of this phase of the
investigation, 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).
EFFECTIVE DATE: January 31, 2003.
FOR FURTHER INFORMATION CONTACT: Larry Reavis (202-205-3185), 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.--The final phase of this investigation is being
scheduled as a result of an affirmative preliminary determination by
the Department of Commerce that imports of certain frozen fish fillets
from Vietnam 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 investigation was requested in a petition filed on June 28, 2002,
by the Catfish Farmers of America--a trade association of U.S. catfish
farmers and processors--and by individual catfish processors.
Participation in the investigation 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 this
investigation 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 investigation 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
investigation.
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 this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation. A party granted access
to BPI in the preliminary phase of the investigation 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
this investigation will be placed in the nonpublic record on June 4,
2003, 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 this investigation beginning at 9:30 a.m. on June 17,
2003, 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 June 10, 2003. A nonparty who has testimony
that may aid the Commission's deliberations may request permission to
present a short statement at the hearing. If unable to allocate hearing
time among themselves, all parties and nonparties desiring to appear at
the hearing and make oral presentations should attend a prehearing
conference scheduled for 9:30 a.m. on June 13, 2003, 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 June 11, 2003. 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 June 24, 2003; 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 investigation may submit a
written statement of information pertinent to the subject of the
investigation on or before June 24, 2003. On July 11, 2003, 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 July 15, 2003, 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
[[Page 7132]]
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 provided by section 201.8 of the Commission's rules, as
amended, 67 FR 68036 (November 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (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 investigation is 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: February 7, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-3507 Filed 2-11-03; 8:45 am]
BILLING CODE 7020-02-P