[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18894]
[[Page Unknown]]
[Federal Register: August 3, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-683 (Final)]
Fresh Garlic From the People's Republic of China
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of a final antidumping
investigation.
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SUMMARY: The Commission hereby gives notice of the institution of final
antidumping investigation No. 731-TA-683 (Final) under section 735(b)
of the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b)) (the Act) to
determine whether an industry in the United States is materially
injured, or is threatened with material injury, or the establishment of
an industry in the United States is materially retarded, by reason of
imports from the People's Republic of China (China) of fresh garlic,
provided for in statistical reporting numbers 0703.20.0000,
0710.80.7060, 0710.80.9750, 0711.90.6000, and 2005.90.9500 of the
Harmonized Tariff Schedule of the United States.\1\
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\1\For purposes of this investigation, ``fresh garlic'' is
defined as all grades of garlic, whole or separated into constituent
cloves, whether or not peeled, fresh, chilled, frozen, provisionally
preserved, or packed in water or other neutral substance, but not
prepared or preserved by the addition of other ingredients or heat
processing, used principally as a food product and for seasoning.
Differences between grades are based on color, size, sheathing, and
level of decay.
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For further information concerning the conduct of this
investigation, 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 11, 1994.
FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), Office
of Investigations, U.S. International Trade Commission, 500 E Street
S.W., 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. Information can also be
obtained by calling the Office of Investigations' remote bulletin board
system for personal computers at 202-205-1895 (N,8,1).
SUPPLEMENTARY INFORMATION:
Background.--This investigation is being instituted as a result of
an affirmative preliminary determination by the Department of Commerce
that imports of fresh garlic from China 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. section 1673b). The investigation was requested in a
petition filed on January 31, 1994, by the Fresh Garlic Producers
Association, consisting of the A&D Christopher Ranch, Gilroy, CA;
Belridge Packing Co., Wasco, CA; Colusa Produce Corp., Colusa, CA;
Denice & Filice Packing Co., Hollister, CA; El Camino Packing, Gilroy,
CA; The Garlic Company, Shafter, CA; and Vessey and Company, Inc., El
Centro, CA.
Participation in the investigation and public service list.--
Persons wishing to participate in the investigation 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
twenty-one (21) days after publication of this notice in the Federal
Register. The Secretary will prepare a public service list containing
the names and addresses of all persons, or their representatives, who
are parties to this investigation upon the expiration of the period for
filing entries of appearance.
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 this final investigation available to
authorized applicants under the APO issued in the investigation,
provided that the application is made not later than twenty-one (21)
days after the publication of this notice in the Federal Register. 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 this investigation
will be placed in the nonpublic record on September 15, 1994, and a
public version will be issued thereafter, pursuant to section 207.21 of
the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with
this investigation beginning at 9:30 a.m. on September 28, 1994, 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 September 16, 1994. 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 September 21, 1994, 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 207.23(b) of the Commission's
rules. Parties are strongly encouraged to submit as early in the
investigation as possible any requests to present a portion of their
hearing testimony in camera.
Written submissions.--Each party is encouraged to submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of section 207.22 of the Commission's rules; the
deadline for filing is September 22, 1994. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.23(b) of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.24 of the Commission's rules. The deadline for filing posthearing
briefs is October 6, 1994; witness testimony must be filed no later
than three (3) days before the hearing. In addition, any person who has
not entered an appearance as a party to the investigation may submit a
written statement of information pertinent to the subject of the
investigation on or before October 6, 1994. 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.
In accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigation must be served on all
other parties to the investigation (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: This investigation is being conducted under authority
of the Tariff Act of 1930, title VII. This notice is published
pursuant to section 207.20 of the Commission's rules.
By order of the Commission.
Issued: July 25, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-18894 Filed 8-2-94; 8:45 am]
BILLING CODE 7020-02-P
