[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Notices]
[Pages 20505-20506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10256]
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[[Page 20506]]
INTERNATIONAL TRADE COMMISSION
[No. TA-201-64 (Provisional Relief Phase)]
Report to the President on Investigation Fresh Winter Tomatoes\1\
Determinations\2\
On the basis of the statute and available information developed to
date in the subject investigation--
\1\Specifically, fresh or chilled tomatoes, excluding cherry
tomatoes, if entered during the period from January 1 through April
30 inclusive, provided for in subheadings 0702.00.20 and 0702.00.60
of the Harmonized Tariff Schedules of the United States.
\2\Vice Chairman Nuzum not participating.
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Chairman Watson and Commissioners Crawford and Bragg find two full-
year, national industries producing tomatoes for (1) fresh-market use
and (2) processing.
Chairman Watson and Commissioner Crawford further determine that
fresh winter tomatoes are not 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 industries producing a
like or directly competitive perishable product.
Commissioner Bragg finds that the available information in this
investigation, while somewhat incomplete, suggests that fresh winter
tomatoes are not 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 industries producing a like or
directly competitive perishable product; however, she makes a negative
determination in this investigation based on a negative finding with
respect to whether--
(I) serious injury is likely to be difficult to repair by reason of
perishability of the like or directly competitive agricultural product;
or
(II) the serious injury cannot be timely prevented through
investigation under subsection (b) and action under section 203.
Commissioners Rohr and Newquist make a negative determination in
this investigation based on a negative finding with respect to
whether--
(I) serious injury or threat of serious injury is likely to be
difficult to repair by reason of perishability of the like or directly
competitive agricultural product; or
(II) the serious injury or threat of serious injury cannot be
timely prevented through investigation under subsection (b) and action
under section 203.
Background
Following receipt of a petition filed on March 29, 1995, on behalf
of the Florida Tomato Exchange, Orlando, FL, and the constituent
members thereof, the Commission instituted investigation No. TA-201-64
under section 202(b) of the Trade Act of 1974 to determine whether
fresh winter tomatoes are 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. In addition, the
petitioner sought provisional relief under section 202(d) of the Act.
Notice of the institution of the Commission's investigation and of
a public conference to be held in connection with the provisional
relief phase of the investigation 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 April 3, 1995 (60 FR 16883). The conference was held in
Washington, DC, on April 10, 1995, and all persons who requested the
opportunity were permitted to appear in person or by counsel.
The Commission transmitted its determinations in this investigation
to the President on April 19, 1995. The views of the Commission are
contained in USITC Publication 2881 (April 1995), entitled ``Fresh
Winter Tomatoes: Investigation No. TA-201-64 (Provisional Relief
Phase).''
Issued: April 21, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-10256 Filed 4-25-95; 8:45 am]
BILLING CODE 7020-02-P
