[Federal Register: January 21, 2003 (Volume 68, Number 13)]
[Notices]
[Page 2794-2795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja03-83]
[[Page 2794]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1010 (Final)]
Lawn and Garden Steel Fence Posts from China
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1010 (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 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 China of lawn
and garden steel fence posts, provided for in subheading 7326.90.85 of
the Harmonized Tariff Schedule of the United States.
For further information concerning the conduct of this phase of the
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: December 4, 2002.
FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408),
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 Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION: Background--The final phase of this
investigation is being scheduled as a result of an affirmative
preliminary determination by the Department of Commerce that imports of
lawn and garden steel fence posts 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. Sec. 1673b). The investigation was requested in
a petition filed on May 1, 2002, by Steel City Corp. of Youngstown, OH.
Participation in the investigation 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 this
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, 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 investigation 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
investigation.
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 this investigation available to
authorized applicants under the APO issued in the investigation,
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. Sec. 1677(9),
who are parties to the investigation. A party granted access to BPI in
the preliminary phase of the investigation 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
this investigation will be placed in the nonpublic record on April 8,
2003, 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 this investigation beginning at 9:30 a.m. on April 22,
2003, 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 April 14, 2003. 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 April 16, 2003, 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 April 15, 2003. 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 April 29, 2003; witness testimony must be filed no later than
three business 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 May 13, 2003. On May 13, 2003, 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 May 15, 2003, 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 except
to the extent provided by section 201.8 of the Commission's rules, as
amended (67 FR 68036, November 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the Commission's
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.
[[Page 2795]]
Authority: This investigation is 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.
By order of the Commission.
Issued: January 15, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-1232 Filed 1-17-03; 8:45 am]
BILLING CODE 7020-02-P