[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44538-44539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21174]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-386 and 731-TA-812 (Final)]
Live Cattle From Canada
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-812 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 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 Canada of live cattle.1
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\1\ For purposes of these investigations, Commerce has defined
the subject merchandise as all live cattle except: (1) Imports of
dairy cows for the production of milk for human consumption; and (2)
purebred or other cattle specially imported for breeding purposes.
The merchandise subject to these investigations is provided for in
subheading 0102.90.40 of the Harmonized Tariff Schedule of the
United States (HTS), with the exception of statistical reporting
numbers 0102.90.40.72 and 0102.90.40.74.
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Section 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 and exporters of live cattle from
Canada, 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-386 (Final) under section
705(b) of the Act (19 U.S.C. 1671d(b)). The Commission is taking this
action so that the final phases of the countervailing duty and
antidumping 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. 1671d(c)(2)), and section
207.21(d) of the Commission's rules.
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).
EFFECTIVE DATE: July 26, 1999.
FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200),
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
[[Page 44539]]
Commission may also be obtained by accessing its internet server
(http://www.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 live cattle from Canada 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. 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
investigations were requested in a letter filed on November 12, 1998,
by the Ranchers-Cattlemen Action Legal Foundation (``R-Calf'')
(Columbus, MT), and its supporting trade associations and individual
cattlemen and cattlewomen. Counsel for R-Calf withdrew its petitions
and addenda in countervailing duty investigation No. 701-A-385
(Preliminary) and antidumping investigations 731-TA-809-810
(Preliminary) on November 10, 1998. The letter received on November 12,
1998, petitioning for institution of antidumping and countervailing
duty investigations, requested that the petition and addenda filed in
the discontinued investigations be incorporated by reference in the
instant investigations.
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 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, 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 the
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. 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 September 23,
1999, and a public version will be issued thereafter, pursuant to
section 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 October 6,
1999, 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 October 1, 1999. 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 October 4, 1999, 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 September 30, 1999. 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
October 14, 1999; 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 October 14, 1999. On November 2, 1999, 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 November 4, 1999, 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, 207.3, and 207.7 of the Commission's
rules. The Commission's rules do not authorize filing of submissions
with the Secretary by facsimile or electronic means.
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.
Issued: August 10, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-21174 Filed 8-13-99; 8:45 am]
BILLING CODE 7020-02-P
