[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Notices]               
[Page 28253-28254]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-122]                         

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-430A and 430B (Final) and 731-TA-1019A and 
1019B (Final)]

 
Durum and Hard Red Spring Wheat From Canada

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigations Nos. 701-TA-430A and 
430B (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 investigations 
Nos. 731-TA-1019A and 1019B (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 subsidized and less-than-fair-value imports from 
Canada of durum and hard red spring wheat, provided for in subheadings 
1001.10.00, 1001.90.10, and 1001.90.20 of the Harmonized Tariff 
Schedule of the United States.\1\
---------------------------------------------------------------------------

    \1\ For purposes of these investigations, the Department of 
Commerce has defined durum wheat as ``all varieties of durum wheat 
from Canada. This includes, but is not limited to, a variety 
commonly referred to as Canada Western Amber Durum.'' The Department 
of Commerce has defined hard red spring wheat as ``all varieties of 
hard red spring wheat from Canada. This includes, but is not limited 
to, varieties commonly referred to as Canada Western Red Spring, 
Canada Western Extra Strong, and Canada Prairie Spring Red.''
---------------------------------------------------------------------------

    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).

EFFECTIVE DATE: May 8, 2003.

FOR FURTHER INFORMATION CONTACT: D.J. Na (202-708-4727), 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 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 affirmative 
preliminary determinations by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in Canada of durum and hard red spring wheat, 
and that such products 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 petitions filed on 
September 13, 2002, by counsel on behalf of the North Dakota Wheat 
Commission (hard red spring wehat), Bismarck, ND; the Durum Growers 
Trade Action Committee (durum wheat), Bismarck, ND; and the U.S. Durum 
Growers Association (durum wheat), Bismarck, ND.
    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

[[Page 28254]]

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 July 15, 
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 these investigations beginning at 9:30 a.m. on July 28, 
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 July 21, 2003. 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 July 23, 
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 July 22, 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 August 4, 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 investigations may submit a 
written statement of information pertinent to the subject of the 
investigations on or before August 4, 2003. On August 18, 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 August 20, 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 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).
    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.

    By order of the Commission.

    Issued: May 19, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-12934 Filed 5-22-03; 8:45 am]
BILLING CODE 7020-02-P