[Federal Register: October 23, 2002 (Volume 67, Number 205)]
[Notices]
[Page 65143-65144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc02-119]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1006, 1008, and 1009 (Final)]
Urea Ammonium Nitrate Solutions From Belarus, Russia, and Ukraine
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigations Nos. 731-TA-1006, 1008, and
1009 (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 Belarus,
Russia, and Ukraine of urea ammonium nitrate solutions, provided for in
subheading 3102.80.00 of the Harmonized Tariff Schedule of the United
States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``all mixtures of
urea and ammonium nitrate in aqueous or ammoniacal solution,
regardless of nitrogen content by weight, and regardless of the
presence of additives, such as corrosion inhibitors.''
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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: October 3, 2002.
FOR FURTHER INFORMATION CONTACT: Larry Reavis (202-205-3185), 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 these investigations 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 these investigations is being scheduled as a
result of affirmative preliminary determinations by the Department of
Commerce that imports of urea ammonium nitrate solutions from Belarus,
Russia, and Ukraine are being sold in the United States at less than
fair value within the meaning of Sec. 733 of the Act (19 U.S.C.
1673b). These investigations were requested in a petition filed on
April 19, 2002, by the Nitrogen Solutions Fair Trade Committee, an ad
hoc coalition of U.S. producers consisting of CF Industries, Inc., Long
Grove, IL; Mississippi Chemical Corp., Yazoo City, MS; and Terra
Industries, Inc., Sioux City, IA.
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 these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 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 Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these 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
[[Page 65144]]
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 December 5,
2002, and a public version will be issued thereafter, pursuant to Sec.
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 December 18,
2002, 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 December 11, 2002. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. If unable to
allocate amongst themselves respective times of testimony within the
maximum allowable, all parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference that is scheduled for this purpose at 9:30 a.m. on December
16, 2002, at the U.S. International Trade Commission Building. Oral
testimony and written materials to be submitted at the public hearing
are governed by Sec. Sec. 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 Sec. 207.23 of the Commission's rules; the deadline for
filing is December 12, 2002. Parties may also file written testimony in
connection with their presentation at the hearing, as provided in Sec.
207.24 of the Commission's rules, and posthearing briefs, which must
conform with the provisions of Sec. 207.25 of the Commission's rules.
The deadline for filing posthearing briefs is December 27, 2002;
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
December 27, 2002. On January 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 January 15, 2003, but such final comments must
not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 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 Sec. Sec. 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 Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: October 17, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-26880 Filed 10-22-02; 8:45 am]
BILLING CODE 7020-02-P