[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40895-40896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19287]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-841 (Preliminary)]
Certain Non-Frozen Concentrated Apple Juice From China
Determination
On the basis of the record 1 developed in the subject
investigation, the United States International Trade Commission
determines,2 pursuant to section 733(a) of the Tariff Act of
1930 (19 U.S.C. 1673b(a)), that there is a reasonable indication that
an industry in the United States is materially injured 3 by
reason of imports from China of concentrated apple juice, other than
[[Page 40896]]
frozen,4 provided for in subheading 2009.70.00 of the
Harmonized Tariff Schedule of the United States, that are alleged to be
sold in the United States at less than fair value (LTFV).
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\1\ The record is defined in Sec. 207.2(f) of the Commission's
rules of practice and procedure (19 CFR 207.2(f)).
\2\ Chairman Bragg not participating.
\3\ Commissioner Crawford determines that there is a reasonable
indication that an industry in the United States is threatened with
material injury by reason of imports of the subject merchandise from
China that are allegedly sold at LTFV.
\4\ For purposes of this investigation, non-frozen concentrated
apple juice is defined as having a Brix value of 40 or greater,
whether or not containing added sugar or other sweetening matter,
not fortified with vitamins or minerals, unfermented and not
containing added spirits.
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Commencement of Final Phase Investigation
Pursuant to section 207.18 of the Commission's rules, the
Commission also gives notice of the commencement of the final phase of
its investigation. The Commission will issue a final phase notice of
scheduling which will be published in the Federal Register as provided
in Sec. 207.21 of the Commission's rules upon notice from the
Department of Commerce (Commerce) of an affirmative preliminary
determination in the investigation under section 733(b) of the Act, or,
if the preliminary determination is negative, upon notice of an
affirmative final determination in that investigation under section
735(a) of the Act. Parties that filed entries of appearance in the
preliminary phase of the investigation need not enter a separate
appearance for the final phase of the investigation. Industrial users,
and, if the merchandise under investigation is sold at the retail
level, representative consumer organizations have the right to appear
as parties in Commission antidumping and countervailing duty
investigations. The Secretary will prepare a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to the investigation.
Background
On June 7, 1999, a petition was filed with the Commission and
Commerce by counsel on behalf of Coloma Frozen Foods, Inc., Coloma, MI;
Green Valley Packers, Arvin, CA; Knouse Foods Cooperative, Inc., Peach
Glen, PA; Mason County Fruit Packers, Ludington, MI; and Tree Top,
Inc., Selah, WA., alleging that an industry in the United States is
materially injured by reason of LTFV imports of non-frozen concentrated
apple juice from China. Accordingly, effective June 7, 1999, the
Commission instituted antidumping investigation No. 731-TA-841
(Preliminary).
Notice of the institution of the Commission's investigation and of
a public conference 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 June 16, 1999 (64 FR 32256). The
conference was held in Washington, DC, on June 28, 1999, and 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 Secretary of Commerce on July 22, 1999. The views of the
Commission are contained in USITC Publication 3216 (July 1999),
entitled Certain Non-frozen Concentrated Apple Juice from China:
Investigation No. 731-TA-841 (Preliminary).
By order of the Commission.
Issued: July 23, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-19287 Filed 7-27-99; 8:45 am]
BILLING CODE 7020-02-P
