[Federal Register: May 23, 2003 (Volume 68, Number 100)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-430A and 430B (Final) and 731-TA-1019A and
Durum and Hard Red Spring Wheat From Canada
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
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
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