[Federal Register Volume 61, Number 53 (Monday, March 18, 1996)]
[Notices]
[Pages 11061-11063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6351]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. TA-201-65 and NAFTA-302-1]
Broom Corn Brooms
AGENCY: International Trade Commission.
[[Page 11062]]
ACTION: Institution and scheduling of an investigation under section
202 of the Trade Act of 1974 (19 U.S.C. Sec. 2252) (the Trade Act) and
an investigation under section 302 of the North American Free Trade
Agreement (NAFTA) Implementation Act (19 U.S.C. Sec. 3352).
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SUMMARY: Following receipt of petitions filed on March 4, 1996, on
behalf of the U.S. Cornbroom Task Force and its individual members,
Washington, DC, (petitioner) the United States International Trade
Commission instituted investigation No. TA-201-65 under section 202(b)
of the Trade Act, to determine whether an article 1 is being
imported into the United States in such increased quantities as to be a
substantial cause of serious injury, or the threat thereof, to the
domestic industry producing an article like or directly competitive
with the imported article; and investigation No. NAFTA-302-1 under
section 302(b) of the NAFTA Implementation Act, to determine whether,
as a result of the reduction or elimination of a duty provided for
under the NAFTA, a Mexican article 2 is being imported into the
United States in such increased quantities (in absolute terms) and
under such conditions so that imports of the article, alone, constitute
a substantial cause of serious injury, or a threat of serious injury,
to the domestic industry producing an article like or directly
competitive with the imported article.
\1\ Broom corn brooms provided for in subheadings 9603.10.05,
9603.10.15, 9603.10.35, 9603.10.40, 9603.10.50, and 9603.10.60 of
the Harmonized Tariff Schedule of the United States (HTS).
\2\ Id.
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Further, the petitioner, in its petition filed under section 302 of
the NAFTA Implementation Act alleged that critical circumstances exist
and requested, pursuant to section 302(a)(2) of that Act (19 U.S.C.
Sec. 3352(a)(2)), that provisional relief be provided pending
completion of the full investigation and consideration by the
President. Accordingly, if the Commission makes an affirmative injury
determination under section 302(b) of that Act, it will also determine
whether delay in taking action would cause damage to the industry that
would be difficult to repair. If the second Commission determination is
also in the affirmative, the Commission will find the amount or extent
of provisional relief that is necessary to prevent or remedy the
serious injury and forward its recommendation to the President.
For further information concerning the conduct of these
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 206, subparts A, B,
and D (19 CFR part 206).
EFFECTIVE DATE: March 4, 1996.
FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), 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://usitc.gov).
SUPPLEMENTARY INFORMATION:
Participation in the investigations and service list.--Persons
wishing to participate in 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, not later than seven (7)
days after publication of this notice in the Federal Register. The
Secretary will prepare a service list containing the names and
addresses of all persons, or their representatives, who are parties to
these investigations upon the expiration of the period for filing
entries of appearance.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--The
Commission intends to conduct these investigations jointly and maintain
one information docket in these investigations. Except as provided
below, the Secretary, pursuant to section 206.17(a) of the Commission's
rules, will make CBI available to authorized applicants under the APO
issued in the investigations, provided that the application is made not
later than seven (7) days after the publication of this notice in the
Federal Register. Authorized applicants may have access to such
information notwithstanding any prior action taken in connection with
the phase of these investigations regarding provisional relief. A
separate service list will be maintained by the Secretary for those
parties authorized to receive CBI under the APO.
Hearings on injury and remedy.--The Commission has scheduled
separate hearings in connection with the injury and remedy phases of
these investigations. The hearing on injury will be held beginning at
9:30 a.m. on May 30, 1996, at the U.S. International Trade Commission
Building. In the event that the Commission makes an affirmative injury
determination or is equally divided on the question of injury in these
investigations, a hearing on the question of remedy will be held
beginning at 9:30 a.m. on July 11, 1996. Requests to appear at the
hearings on injury and remedy should be filed in writing with the
Secretary to the Commission on or before May 16, 1996 and July 3, 1996,
respectively.
With regard to the hearings on injury and remedy, all persons
desiring to appear at the hearings and make oral presentations should
attend prehearing conferences to be held at 9:30 a.m. on May 21, 1996,
and July 8, 1996, respectively, at the U.S. International Trade
Commission Building. Oral testimony and written materials to be
submitted at the hearing are governed by sections 201.6(b)(2) and
201.13(f) of the Commission's rules.
Written submissions.--Inasmuch as the petitioner has alleged the
existence of critical circumstances and has requested provisional
relief, the Commission will, on April 8, 1996, release statistical data
it has collected to that point in the investigations to enable parties
to prepare briefs with respect to that issue. The deadline for briefs
on provisional relief is April 12, 1996. The deadline for filing
prehearing briefs on injury is May 23, 1996, and that for filing
prehearing briefs on remedy, including any commitments pursuant to 19
U.S.C. Sec. 2252(a)(6)(B), is July 8, 1996. The deadline for filing
posthearing briefs on injury is June 6, 1996, and that for filing
posthearing briefs on remedy is July 16, 1996.
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 consideration of provisional relief on or
before April 12, 1996, pertinent to the consideration of injury on or
before June 6, 1996, and pertinent to the consideration of remedy on or
before July 16, 1996. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain CBI must also conform with the requirements of section
201.6 of the rules.
In accordance with section 201.16(c) of the rules, each document
filed by a party to the investigations must be served on all other
parties to the investigations (as identified by the 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 11063]]
Authority: These investigations are being conducted under the
authority of section 202 of the Trade Act of 1974 and section 302 of
the North American Free Trade Implementation Act. This notice is
published pursuant to section 206.3 of the Commission's rules.
Issued: March 12, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-6351 Filed 3-15-96; 8:45 am]
BILLING CODE 7020-02-P
