[Federal Register Volume 63, Number 24 (Thursday, February 5, 1998)]
[Notices]
[Pages 5965-5967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2890]
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INTERNATIONAL TRADE COMMISSION
Investigations Nos. 731-TA-768 (Final) and 701-TA-372 (Final)
Fresh Atlantic Salmon From Chile
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping and countervailing
duty investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-768 (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 Chile of fresh
Atlantic salmon, provided for in subheadings 0302.12.00 and 0304.10.40
of the Harmonized Tariff Schedule of the United States.1
Section
[[Page 5966]]
207.21(b) of the Commission's rules provides that, where the Department
of Commerce has issued a negative preliminary determination, the
Commission will not publish a notice of scheduling of the final phase
of its investigation unless and until it receives an affirmative final
determination from Commerce. Although the Department of Commerce has
preliminarily determined that countervailable subsidies are not being
provided to producers or exporters of fresh Atlantic salmon in Chile,
for purposes of efficiency the Commission hereby waives rule 207.21(b)
and gives notice of the scheduling of the final phase of countervailing
duty investigation No. 701-TA-372 (Final) under section 705(b) of the
Act. The Commission is taking this action so that the final phases of
the antidumping and countervailing duty investigations may proceed
concurrently in the event that Commerce makes an affirmative final
countervailing duty determination. If Commerce makes a final negative
countervailing duty determination, the Commission will terminate its
countervailing duty investigation under section 705(c)(2) of the Act
(19 U.S.C. Sec. 1671d(c)(2)), and section 207.21(d) of the Commission's
rules.
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\1\ For purposes of these investigations, Commerce has defined
the subject merchandise as fresh, farmed Atlantic salmon, whether
``dressed'' or cut. Atlantic salmon is the species Salmo salar, in
the genus Salmo of the family salmoninae. ``Dressed'' Atlantic
salmon refers to salmon that has been bled, gutted, and cleaned. It
may be imported with the head on or off, with the tail on or off,
and with the gills in or out. All cuts of fresh Atlantic salmon are
included in the scope of the investigations. Examples of cuts
include, but are not limited to: crosswise cuts (steaks), lengthwise
cuts (fillets), lengthwise cuts attached by skin (butterfly cuts),
combinations of crosswise and lengthwise cuts (combination
packages), and Atlantic salmon that is minced, shredded, or ground.
Cuts may be subjected to various degrees of trimming, and imported
with the skin on or off and with the ``pin bones'' in or out.
Excluded from the scope are (1) fresh Atlantic salmon that is
``not farmed'' (i.e., wild Atlantic salmon); (2) live Atlantic
salmon; and (3) Atlantic salmon that has been subject to further
processing, such as frozen, canned, dried, and smoked Atlantic
salmon, or processed into forms such as sausages, hot dogs, and
burgers.
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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), as amended by 61 FR 37818, July 22, 1996.
EFFECTIVE DATE: January 16, 1998.
FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188),
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
The final phase of the antidumping investigation is being scheduled
as a result of an affirmative preliminary determination by the
Department of Commerce that imports of fresh Atlantic salmon from Chile
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 final
phase of the countervailing duty investigation is being scheduled,
under waiver of section 207.21(b), discussed above, for purposes of
efficiency. The investigation was requested in a petition filed on June
12, 1997, by the Coalition for Fair Atlantic Salmon Trade.
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 Sec. 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. Sec. 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 May 20, 1998,
and a public version will be issued thereafter, pursuant to Sec. 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 June 3, 1998,
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 May 21, 1998. 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 May 27,
1998, 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 May 28, 1998. 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 June 10, 1998;
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
June 10, 1998. On June 30, 1998, 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 July 2, 1998, 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,
[[Page 5967]]
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 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 30, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-2890 Filed 2-4-98; 8:45 am]
BILLING CODE 7020-02-P
