[Federal Register: October 23, 2003 (Volume 68, Number 205)]
[Page 60642-60643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



International Trade Administration


Notice of Countervailing Duty Order: Hard Red Spring Wheat From 

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of countervailing duty order.


EFFECTIVE DATE: October 23, 2003.

FOR FURTHER INFORMATION CONTACT: Stephen Cho or Audrey Twyman, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-3798 or (202) 482-3534, respectively.

Scope of Order

    For purposes of this order, the products covered are all varieties 
of hard red spring (``HRS'') wheat from Canada. This includes, but is 
not limited to, varieties commonly referred to as Canada Western Red 
Spring, Canada Western Extra Strong, and Canada Prairie Spring Red. The 
merchandise subject to this investigation is currently classifiable 
under the following Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 1001.90.10.00, 1001.90.20.05, 1001.90.20.11, 
1001.90.20.12, 1001.90.20.13, 1001.90.20.14, 1001.90.20.16, 
1001.90.20.19, 1001.90.20.21, 1001.90.20.22, 1001.90.20.23, 
1001.90.20.24, 1001.90.20.26, 1001.90.20.29, 1001.90.20.35, and 
1001.90.20.96. This investigation does not cover imports of wheat that 
enter under the subheadings 1001.90.10.00 and 1001.90.20.96 that are 
not classifiable as hard red spring wheat. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this proceeding is dispositive.

Countervailing Duty Order

    In accordance with section 705(a) of the Tariff Act of 1930, as 
amended (``the Act''), the Department of Commerce (``the Department'') 
published its final determination that countervailable subsidies are 
being provided to producers and exporters of HRS wheat from Canada. See 
Notice of Final Affirmative Countervailing Duty Determinations: Certain 
Durum and Hard Red Spring Wheat from Canada, 68 FR 52747 (September 5, 
2003). On October 16, 2003, in accordance with section 705(d) of the 
Act, the International Trade Commission notified the Department of its 
final determination that a U.S. industry is ``materially injured'' 
within the meaning of section 705(b)(1)(A) of the Act by reason of 
imports of HRS wheat from Canada.
    Therefore, in accordance with section 706(a)(3) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further advice by the Department, countervailing duties 
for all relevant entries of HRS wheat from Canada. For all producers 
and exporters countervailing duties will be assessed on all 
unliquidated entries of HRS wheat entered, or withdrawn from warehouse, 
for consumption on or after March 10, 2003, the date of publication of 
the Department's preliminary determination in the Federal Register \1\ 
and before July 8, 2003, the date the Department instructed CBP to 
discontinue the suspension of liquidation in accordance with section 
703(d) of the Act,\2\ and on all subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's notice of final determination in the Federal 

    \1\ Preliminary Affirmative Countervailing Duty Determinations 
and Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination: Certain Durum Wheat and Hard Red 
Spring Wheat From Canada, 68 FR 11374 (March 10, 2003).
    \2\ See also, The Statement of Administrative Action, H. Doc. 
No. 103-316, Vol. 1 at 874 (1994), reprinted in 1994 U.S.C.C.A.N. 
3773, 4163).

    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP officers will require, at 
the same time as importers would normally deposit estimated duties on 
this merchandise, cash deposits for the subject merchandise equal to 
the net subsidy rate, as noted below. The ``All Others'' rate applies 
to all exporters of subject merchandise not specifically listed. The 
cash deposit rates are:

                                                            Net subsidy
                  Exporter/manufacturer                        rate
Canadian Wheat Board....................................            5.29
All Others..............................................            5.29

    This notice constitutes the countervailing duty order with respect 
to HRS wheat from Canada, pursuant to section 706(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the main Commerce building, for copies of an

[[Page 60643]]

updated list of countervailing duty orders currently in effect.
    This countervailing duty order is published in accordance with 
sections 706(a) and 777(i) of the Act and 19 CFR 351.211.

    Dated: October 17, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-26795 Filed 10-22-03; 8:45 am]