[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Notices]
[Pages 18448-18449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9329]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-68]
Lamb Meat
Determination
On the basis of the information in the investigation, the
Commission unanimously--
(1) Determines, pursuant to section 202(b) of the Trade Act of
1974, that lamb meat 1 is being imported into the United
States in such increased quantities as to be a substantial cause of the
threat of serious injury to the domestic industry producing an article
like or directly competitive with the imported article; and
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\1\ The imported article covered by this investigation is
fresh, chilled, or frozen lamb meat. Excluded from the scope of the
investigation are imports of live lambs and sheep and meat of mature
sheep (mutton). Lamb meat is provided for in subheadings 0204.10.00,
0204.22.20, 0204.23.20, 0204.30.00, 0204.42.20, and 0204.43.20 of
the Harmonized Tariff Schedule of the United States (HTS).
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(2) Makes negative findings, pursuant to section 311(a) of the
North American Free-Trade Agreement (NAFTA) Implementation Act (19
U.S.C. 3371(a)), with respect to imports of lamb meat from Canada and
Mexico.
Recommendations With Respect to Remedy
The Commission 2 (Chairman Bragg and Commissioners
Crawford and Askey) recommends:
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\2\ The Commission notes that, pursuant to section 330(d)(2) of
the Tariff Act of 1930 (19 U.S.C. 1330(d)(2)), the remedy
recommendation of Chairman Bragg and Commissioners Crawford and
Askey in this investigation is to be treated as the remedy finding
of the Commission for purposes of section 203 of the Trade Act.
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(1) That the President impose a tariff-rate quota system, for a 4-
year period, on imports of lamb meat that are the subject of this
investigation, as follows (all weights are in terms of carcass-weight
equivalents):
First year: 20 percent ad valorem on imports over 78 million
pounds;
Second year: 17.5 percent ad valorem on imports over 81.5 million
pounds;
Third year: 15 percent ad valorem on imports over 81.5 million
pounds; and
Fourth year: 10 percent ad valorem on imports over 81.5 million
pounds;
(2) That the President implement appropriate adjustment assistance
measures, drawing on authorized programs at the U.S. Department of
Agriculture and the U.S. Department of Commerce providing specialized
direct payments, research, and animal health programs, in such
combination as to most effectively ``facilitate efforts by the domestic
industry to make a positive adjustment to import competition and
provide greater economic and social benefits than costs.'' In this
context, we recommend that the President look to the industry's report
by PriceWaterhouseCoopers and its recommendations when considering
adjustment assistance options;
(3) Having made negative findings with respect to imports of lamb
meat from Canada and Mexico under section 311(a) of the NAFTA
Implementation Act, that such imports be excluded from the tariff-rate
quota; and
(4) That the tariff-rate quota not apply to imports of lamb meat
from Israel, or to any imports of lamb meat entered duty-free from
beneficiary countries under the Caribbean Basin Economic Recovery Act
or the Andean Trade Preference Act.
Vice Chairman Miller and Commissioner Hillman recommend:
(1) That the President increase the rate of duty, for a 4-year
period, on imports of lamb meat the subject of this investigation, to
the rates of duty as follow: 22 percent ad valorem in the first year of
relief, 20 percent ad valorem in the second year, 15 percent ad valorem
in the third year, and 10 percent ad valorem in the fourth year;
(2) That the President identify and implement adjustment measures
and other action authorized under law that is likely to facilitate
positive adjustment to import competition; specifically, that the
President make assistance available to the lamb meat industry through
Federal programs, primarily those administered by the U.S. Department
of Agriculture, and take action to ensure that the National Sheep
Industry Improvement Center is fully operational;
(3) Having made negative findings with respect to imports of lamb
meat from Canada and Mexico under section 311(a) of the NAFTA
Implementation Act, that such imports be excluded from the increased
tariffs;
(4) That the increased rates of duty not apply to imports of lamb
meat from Israel, or to any imports of lamb meat entered duty-free from
beneficiary countries under the Caribbean Basin Economic Recovery Act
or the Andean Trade Preference Act.
Commissioner Koplan recommends:
(1) That the President impose a quantitative restriction, for a 4-
year period, on imports of lamb meat the subject of this investigation,
as follows: 52 million pounds in the first year, 56 million pounds in
the second year, 61 million pounds in the third year, and 70 million
pounds in the fourth year (all
[[Page 18449]]
quantities are carcass-weight-equivalents);
(2) That the President, within the overall quantitative
restriction, provide separate allocations for Australia, New Zealand,
and ``all other'' countries in proportion to their average share of
imports entered during calendar years 1995-1997;
(3) That the President take all action necessary to ensure that the
National Sheep Industry Improvement Center is fully operational as soon
as possible, and that the President make available either through the
Center or directly to the industry the full measure of Federal
assistance programs, including those administered by the U.S.
Department of Agriculture.
(4) Having made negative findings with respect to imports of lamb
meat from Canada and Mexico under section 311(a) of the NAFTA
Implementation Act, that such imports be excluded from the quota; and
(5) That the quota not apply to imports of lamb meat from Israel,
or to any imports of lamb meat entered duty-free from beneficiary
countries under the Caribbean Basin Economic Recovery Act or the Andean
Trade Preference Act.
The Commissioners find that the respective actions that they have
recommended will address the threat of serious injury found to exist
and be most effective in facilitating the efforts of the domestic
industry to make a positive adjustment to import competition.
Background
Following receipt of a petition filed on October 7, 1998, on behalf
of the American Sheep Industry Association, Inc., Harper Livestock
Company, National Lamb Feeders Association, Winters Ranch Partnership,
Godby Sheep Company, Talbott Sheep Company, Iowa Lamb Corporation,
Ranchers' Lamb of Texas, Inc., and Chicago Lamb and Veal Company, the
Commission, effective October 7, 1998, instituted investigation No. TA-
201-68, Lamb Meat, under section 202 of the Trade Act of 1974 to
determine whether lamb meat 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.
Notice of the institution of the Commission's investigation and of
the scheduling of public hearings to be held in connection therewith
was given by posting copies of the notice in the Office of the
Secretary, U.S. International Trade Commission, Washington, DC, and by
publishing the notice in the Federal Register of October 23, 1998 (63
F.R. 56940). The hearing in connection with the injury phase of the
investigation was held on January 12, 1999, and the hearing on the
question of remedy was held on February 25, 1999. Both hearings were
held in Washington, DC; all persons who requested the opportunity were
permitted to appear in person or by counsel.
The Commission transmitted its determination in this investigation
to the President on April 5, 1999. The views of the Commission are
contained in USITC Publication 3176 (April 1999), entitled Lamb Meat:
Investigation No. TA-201-68.
Issued: April 7, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-9329 Filed 4-13-99; 8:45 am]
BILLING CODE 7020-02-P
