[Federal Register: May 18, 2004 (Volume 69, Number 96)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-776-779 (Review)]
Certain Preserved Mushrooms From Chile, China, India, and
AGENCY: United States International Trade Commission.
ACTION: Scheduling of full five-year reviews concerning the antidumping
duty orders on certain preserved mushrooms from Chile, China, India,
SUMMARY: The Commission hereby gives notice of the scheduling of full
reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19
U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the
antidumping duty orders on certain preserved mushrooms from Chile,
China, India, and Indonesia would be likely to lead to continuation or
recurrence of material injury within a reasonably foreseeable time. For
further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207).
EFFECTIVE DATE: May 12, 2004.
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 these
reviews may be viewed on the Commission's electronic docket (EDIS) at
Background.--On February 6, 2004, the Commission determined that
responses to its notice of institution of the subject five-year reviews
were such that full reviews pursuant to section 751(c)(5) of the Act
should proceed (69 FR 7793, February 19, 2004). A record of the
Commissioners' votes, the Commission's statement on adequacy, and any
individual Commissioner's statements are available from the Office of
the Secretary and at the Commission's web site.
Participation in the reviews 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 these reviews 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, by 45 days after
publication of this notice. A party that filed a notice of appearance
following publication of the Commission's notice of institution of the
reviews need not file an additional notice of appearance. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
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 reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made by 45 days after publication of this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the reviews. A party granted
access to BPI following publication of the Commission's notice of
institution of the reviews 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 reviews will be
placed in the nonpublic record on August 19, 2004, and a public version
will be issued thereafter, pursuant to section 207.64 of the
Hearing.--The Commission will hold a hearing in connection with
these reviews beginning at 9:30 a.m. on September 9, 2004, 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 September 1, 2004. 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 September 3, 2004, 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), 207.24, and 207.66 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
Written submissions.--Each party to the reviews may submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of section 207.65 of the Commission's rules; the
deadline for filing is September 2, 2004. 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 207.67 of the
Commission's rules. The deadline for filing posthearing briefs is
September 20, 2004; 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 reviews may submit a written statement of
information pertinent to the subject of the reviews on or before
September 20, 2004. On October 8, 2004, 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 October 12, 2004, but such final comments must
not contain new factual information and must otherwise comply with
section 207.68 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 permitted 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 reviews must be served on
all other parties to the reviews (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 reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.62 of the Commission's rules.
Issued: May 13, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-11220 Filed 5-17-04; 8:45 am]
BILLING CODE 7020-02-P