[Federal Register: January 26, 2004 (Volume 69, Number 16)]
[Notices]               
[Page 3601-3602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja04-65]                         

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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-1034 and 1035 (Final)]

 
Certain Color Television Receivers From China and Malaysia

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-1034 and 1035 
(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 China and 
allegedly less-than-fair-value imports from Malaysia of certain color 
television receivers, provided for in statistical reporting numbers 
8528.12.2800, 8528.12.3250, 8528.12.3290, 8528.12.3600, 8528.12.4000, 
8528.12.4400, 8528.12.4800, 8528.12.5200, and 8528.12.5600 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``complete and 
incomplete direct-view or projection-type cathode-ray tube color 
television receivers, with a video display diagonal exceeding 52 
centimeters, whether or not combined with video recording or 
reproducing apparatus, which are capable of receiving a broadcast 
television signal and producing a video image. Specifically excluded 
from these investigations are computer monitors or other video 
display devices that are not capable of receiving a broadcast 
television signal.''
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    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: November 28, 2003.

FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), 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 an affirmative preliminary determination by 
the Department of Commerce that imports of certain color television 
receivers 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. 
1673b). The investigations were requested in a petition filed on May 2, 
2003, by Five Rivers Electronic Innovations, LLC, Greeneville, TN; the 
International Brotherhood of Electrical Workers, Washington, DC; and 
the IUE-CWA, the Industrial Division of the Communications Workers of 
America, Washington, DC.
    Although the Department of Commerce has preliminarily determined 
that imports of certain color television receivers from Malaysia are 
not being and are not likely to be sold in the United States at less 
than fair value, for purposes of efficiency the Commission hereby 
waives rule 207.21(b) \2\ so that the final phase of the investigations 
may proceed concurrently in the event that Commerce makes a final 
affirmative determination with respect to such imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    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 the 
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 the 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 
the investigations will be placed in the nonpublic record on April 1, 
2004, 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 April 15, 
2004, 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 7, 2004. A nonparty who has testimony 
that may aid the

[[Page 3602]]

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 9, 2004, 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 8, 2004. 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 22, 2004; 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 April 22, 2004. On May 7, 2004, 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 11, 2004, 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: January 20, 2004.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-1535 Filed 1-23-04; 8:45 am]
BILLING CODE 7020-02-P