[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Page 51859-51861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. 731-TA-1069 (Final)]

Outboard Engines From Japan

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.


SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1069 (Final) under 
section 735(b) of the Tariff Act of 1930 (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 
less-than-fair-value (LTFV) imports from Japan of outboard engines, 
provided for in subheading 8407.21.00 of the Harmonized Tariff Schedule 
of the United States.\1\

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``outboard engines 
(also referred to as outboard motors), whether assembled or 
unassembled; and powerheads, whether assembled or unassembled. The 
subject engines are gasoline-powered spark-ignition, internal 
combustion engines designed and used principally for marine 
propulsion for all types of light recreational and commercial boats, 
including, but not limited to, canoes, rafts, inflatable, sail and 
pontoon boats. Specifically included in this scope are two-stroke, 
direct injection two-stroke, and four-stroke outboard engines.
    Outboard engines are comprised of (1) a powerhead assembly, or 
an internal combustion engine, (2) a midsection assembly, by which 
the outboard engine is attached to the vehicle it propels, and (3) a 
gearcase assembly, which typically includes a transmission and 
propeller shaft, and may or may not include a propeller. To the 
extent that these components are imported together, but unassembled, 
they collectively are covered within the scope of this 
investigation. An ``unassembled'' outboard engine consists of a 
powerhead as defined below, and any other parts imported with the 
powerhead that may be used in the assembly of an outboard engine.
    Powerheads are comprised of, at a minimum, (1) a cylinder block, 
(2) pistons, (3) connecting rods, and (4) a crankshaft. Importation 
of these four components together, whether assembled or unassembled, 
and whether or not accompanied by additional components, constitute 
a powerhead for purposes of this investigation. An ``unassembled'' 
powerhead consists of, at a minimum, the four powerhead components 
listed above, and any other parts imported with it that may be used 
in the assembly of a powerhead.
    The scope does not include parts or components (other than 
powerheads) imported separately.''


[[Page 51860]]

    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: August 12, 2004.

FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182), 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) at http://edis.usitc.gov.

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 outboard 
engines from Japan 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 investigation was requested in a petition filed on January 
8, 2004, by Mercury Marine, a division of Brunswick Corp., Fond du Lac, 
    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 
    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. 
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 December 
2, 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 this investigation beginning at 9:30 a.m. on December 
14, 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 December 8, 2004. 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 December 10, 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 December 9, 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 December 21, 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 investigation may submit a 
written statement of information pertinent to the subject of the 
investigation on or before December 21, 2004. On January 19, 2005, 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 January 21, 2005, 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 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.

    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.

[[Page 51861]]

    Issued: August 17, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-19248 Filed 8-20-04; 8:45 am]