[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Notices]
[Page 38981-38982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy05-134]
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INTERNATIONAL TRADE COMMISSION
[Inv. Nos. 701-TA-430B and 731-TA-1019B]
Hard Red Spring Wheat From Canada; Notice and Scheduling of
Remand Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: The U.S. International Trade Commission (the Commission)
hereby gives notice of proceedings in the remand investigation ordered
by a binational panel established under Article 1904 of the North
American Free Trade Agreement (NAFTA) in Hard Red Spring Wheat from
Canada, Inv. Nos. 701-TA-430B and 731-TA-1019B (Final).
FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise, Office of
Investigations, telephone 202-708-5408 or Michael Diehl, Esq., Office
of the General Counsel, telephone (202) 205-3095, U.S. International
Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-
impaired persons are advised that information on this matter can be
obtained by contacting the Commission's TDD terminal on (202) 205-1810.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at http://edis.usitc.gov. General
information concerning the Commission may also be obtained by accessing
its Internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
In October 2003, the Commission determined, by a two-to-two vote,
that an industry in the United States was materially injured by reason
of subject imports of hard red spring wheat from Canada. On June 7,
2005, a binational panel formed under Article 1904 of the NAFTA issued
a decision in its review of the Commission's determination. The panel
remanded the determination to the Commission with an order to take
further action consistent with its instructions. The Commission is
directed to issue its remand determination within 90 days of the
issuance of the Panel's decision, i.e., by September 6, 2005.
Reopening the Record
In order to assist it in making its determination on remand, the
Commission is reopening the record in this investigation to seek
additional information with respect to certain of the instructions
provided by the panel.
Participation in the Remand Proceedings
Only those interested parties who were parties to the original
investigations (i.e., persons listed on the Commission Secretary's
service list) may participate in this remand proceeding. No additional
filings with the Commission will be necessary for these parties to
participate in the remand proceeding. Business proprietary information
(BPI) obtained during the remand proceeding will be governed, as
appropriate, by the administrative protective order (APO) issued in the
original investigations. (Parties who participated in the original
investigation, if no longer covered by the APO, are directed to contact
the Commission Secretary.)
Written Submissions
Information obtained during the remand investigation will be
released to the parties under the administrative protective order
(``APO'') issued in the original investigations on or about July 19,
2005. The remand staff report will be placed in the nonpublic record on
August 1, 2005, and a public version will be issued thereafter,
pursuant to section 207.22 of the Commission's rules. Parties that are
participating in the remand proceedings may file comments on or before
August 8, 2005 with respect to how the record, as supplemented, bears
on the issues presented by the panel's remand instructions.
No additional factual information may be included in such comments.
Comments shall not exceed 30 pages of textual material, double-spaced
and single-sided, on stationery measuring 8\1/2\ x 11 inches.
[[Page 38982]]
All written submissions must conform with the provisions of section
201.8 of the Commission's rules; any submissions that contain business
proprietary information (BPI) must also conform with the requirements
of sections 201.6, 207.3, and 207.7 of the Commission's rules. The
Commission 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, as amended, 67 FR 68036 (Nov.
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 investigations must be
served on all other parties to the investigations (as identified by
either the public or updated 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.
Parties are also advised to consult the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR part 207) for provisions of
general applicability concerning written submissions to the Commission.
Authority: This action is taken under the authority of the
Tariff Act of 1930, title VII.
Issued: June 29, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-13236 Filed 7-5-05; 8:45 am]
BILLING CODE 7020-02-P