[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Notices]
[Pages 65667-65668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30941]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-731 (Final)]
Bicycles From China
AGENCY: International Trade Commission.
ACTION: Institution and scheduling of a final antidumping
investigation.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the institution of final
antidumping investigation No. 731-TA-731 (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 of bicycles,1 provided for in subheadings
8712.00.15, 8712.00.25, 8712.00.35, 8712.00.44, and 8712.00.48 of the
Harmonized Tariff Schedule of the United States.
\1\ For purposes of this investigation, bicycles are defined as
bicycles of all types, whether assembled or unassembled, complete or
incomplete, finished or unfinished, including industrial bicycles,
tandems, recumbents, and folding bicycles. The term ``unassembled''
means fully or partially unassembled or disassembled; the term
``incomplete'' means lacking one or more parts or components with
which the complete bicycle is intended to be equipped; and the term
``unfinished'' means wholly or partially unpainted or lacking decals
or other essentially aesthetic material. Specifically, this
investigation is intended to cover: (1) Any assembled complete
bicycle, whether finished or unfinished; (2) any unassembled
complete bicycle, if shipped in a single shipment, regardless of how
it is packed and whether it is finished or unfinished; and (3) any
incomplete bicycle, defined for purposes of this investigation as a
frame finished or unfinished, whether or not assembled together with
a fork, and imported in the same shipment with any two of the
following components, whether or not assembled together with the
frame and/or fork: (a) the rear wheel; (b) the front wheel; (c) a
rear derailleur; (d) a front derailleur; (e) any one caliper or
cantilever brake; (f) an integrated brake lever and shifter, or
separate brake lever and click stick lever; (g) crankset; (h)
handlebars, with or without a stem; (i) chain; (j) pedals; and (k)
seat (saddle), with or without seat post and seat pin. Incomplete
bicycles may be classified for tariff purposes under any of the
above-mentioned HTSUS subheadings covering complete bicycles or
under HTS subheadings 8714.91.20 through 8714.99.80, inclusive
(covering various bicycle parts). The scope of this investigation is
not intended to cover bicycle parts except to the extent that they
are attached to or in the same shipment as an unassembled complete
bicycle or an incomplete bicycle, as defined above.
---------------------------------------------------------------------------
For further information concerning the conduct of this
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: November 9, 1995.
FOR FURTHER INFORMATION CONTACT: Brad Hudgens (202-205-3189), 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 or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
This investigation is being instituted as a result of an
affirmative preliminary determination by the Department of Commerce
that imports of bicycles 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 investigation was requested in a petition filed
on April 5, 1995, by Huffy Bicycle Co., Dayton, OH; Murray Ohio
Manufacturing Co., Brentwood, TN; and Roadmaster Corp., Olney, IL.
Participation in the Investigation and Public Service List
Persons wishing to participate in the 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, not later than 21
days after publication of this notice in the Federal Register. The
Secretary will prepare a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
this investigation upon the expiration of the period for filing entries
of appearance.
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 this final investigation available
to authorized applicants under the APO issued in the investigation,
provided that the application is made not later than 21 days after the
publication of this notice in the Federal Register. 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 this investigation will be placed in
the nonpublic record on March 20, 1996, and a public version will be
issued thereafter, pursuant to section 207.21 of the Commission's
rules.
Hearing
The Commission will hold a hearing in connection with this
investigation beginning at 9:30 a.m. on April 2, 1996, 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 March 25, 1996. 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 March 28, 1996, 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 207.23(b) of the Commission's
rules. Parties are strongly encouraged to submit as early in the
investigation as possible any requests to present a portion of their
hearing testimony in camera.
Written Submissions
Each party is encouraged to submit a prehearing brief to the
Commission. Prehearing briefs must conform with the provisions of
section 207.22 of the Commission's rules; the deadline for filing is
March 27, 1996. Parties may also file written testimony in connection
with their presentation at the hearing, as provided in section
207.23(b) of the Commission's rules, and posthearing briefs, which must
conform with the provisions of section 207.24 of the Commission's
rules. The deadline for filing posthearing briefs is April 8, 1996;
[[Page 65668]]
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
April 8, 1996. On April 26, 1996, 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 1, 1996, but such final comments must not contain new
factual information, or comment on information disclosed prior to the
filing of posthearing briefs, and must otherwise comply with section
207.29 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.
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 207.20 of the Commission's rules.
Issued: December 13, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-30941 Filed 12-19-95; 8:45 am]
BILLING CODE 7020-02-P
