[Federal Register: March 11, 2003 (Volume 68, Number 47)]
[Notices]
[Page 11579-11580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr03-82]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-433 (Preliminary) and 731-TA-1029
(Preliminary)]
Allura Red Coloring From India
AGENCY: International Trade Commission.
ACTION: Institution of countervailing duty and antidumping
investigations and scheduling of preliminary phase investigations.
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SUMMARY: The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase countervailing
duty and antidumping duty investigations Nos. 701-TA-433 (Preliminary)
and 731-TA-1029 (Preliminary) under sections 703(a) and 733(a) of the
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 1673b(a)) (the
Act) to determine whether there is a reasonable indication that 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 imports from India of
allura red coloring, provided for in subheading 3204.12.50 of the
Harmonized Tariff Schedule of the United States,\1\ that are alleged to
be subsidized by the Government of India and that are alleged to be
sold in the United States at less than fair value. Unless the
Department of Commerce extends the time for initiation pursuant to
sections 702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C.
1671a(c)(1)(B) and 19 U.S.C.
[[Page 11580]]
1673a(c)(1)(B)), the Commission must reach preliminary determinations
in countervailing duty and antidumping investigations in 45 days, or in
this case by April 18, 2003. The Commission's views are due at Commerce
within five business days thereafter, or by April 25, 2003.
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\1\ The subject product is described for tariff purposes as FD&C
Red No. 40.
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For further information concerning the conduct of these
investigations 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 B (19 CFR
part 207).
EFFECTIVE DATE: March 4, 2003.
FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188),
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
internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--These investigations are being instituted in response
to a petition filed on March 4, 2003, by Sensient Technologies
Corporation, Milwaukee, WI.
Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. Sec. 201.11 and
207.10 of the Commission's rules, not later than seven days after
publication of this notice in the Federal Register. Industrial users
and (if the merchandise under investigation is sold at the retail
level) representative consumer organizations have the right to appear
as parties in Commission countervailing duty and antidumping
investigations. The Secretary will prepare a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to these investigations 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 these investigations available to authorized
applicants representing interested parties (as defined in 19 U.S.C.
1677(9)) who are parties to the investigations under the APO issued in
the investigations, provided that the application is made not later
than seven 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.
Conference.--The Commission's Director of Operations has scheduled
a conference in connection with these investigations for 9:30 a.m. on
March 25, 2003, at the U.S. International Trade Commission Building,
500 E Street, SW., Washington, DC. Parties wishing to participate in
the conference should contact Woodley Timberlake (202-205-3188) not
later than March 20, 2003, to arrange for their appearance. Parties in
support of the imposition of countervailing and antidumping duties in
these investigations and parties in opposition to the imposition of
such duties will each be collectively allocated one hour within which
to make an oral presentation at the conference. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the conference.
Written submissions.--As provided in Sec. Sec. 201.8 and 207.15 of
the Commission's rules, any person may submit to the Commission on or
before March 28, 2003, a written brief containing information and
arguments pertinent to the subject matter of the investigations.
Parties may file written testimony in connection with their
presentation at the conference no later than three days before the
conference. If briefs or written testimony contain BPI, they must
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,
except to the extent permitted by Sec. 201.8 of the Commission's
rules, as amended, 67 FR 68036 (November 8, 2002).
In accordance with Sec. Sec. 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 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 207.12 of the Commission's rules.
Issued: March 5, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-5759 Filed 3-10-03; 8:45 am]
BILLING CODE 7020-02-P