[Federal Register: January 21, 2003 (Volume 68, Number 13)]
[Notices]               
[Page 2794-2795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja03-83]                         




[[Page 2794]]


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INTERNATIONAL TRADE COMMISSION


[Investigation No. 731-TA-1010 (Final)]


 
Lawn and Garden Steel Fence Posts from China


AGENCY: United States 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-1010 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. Sec.  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 China of lawn 
and garden steel fence posts, provided for in subheading 7326.90.85 of 
the Harmonized Tariff Schedule of the United States.
    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: December 4, 2002.


FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), 
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 
lawn and garden steel fence posts from China 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. Sec.  1673b). The investigation was requested in 
a petition filed on May 1, 2002, by Steel City Corp. of Youngstown, OH.
    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. Sec.  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 April 8, 
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 April 22, 
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 April 14, 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 April 16, 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 April 15, 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 April 29, 2003; witness testimony must be filed no later than 
three business 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 May 13, 2003. On May 13, 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 May 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 
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.




[[Page 2795]]




    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.


    By order of the Commission.


    Issued: January 15, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-1232 Filed 1-17-03; 8:45 am]

BILLING CODE 7020-02-P