[Federal Register: March 11, 2003 (Volume 68, Number 47)]
[Page 11579-11580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigations Nos. 701-TA-433 (Preliminary) and 731-TA-1029 

Allura Red Coloring From India

AGENCY: International Trade Commission.

ACTION: Institution of countervailing duty and antidumping 
investigations and scheduling of preliminary phase investigations.


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.

    \1\ The subject product is described for tariff purposes as FD&C 
Red No. 40.

    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.

    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]