[Federal Register: January 26, 2004 (Volume 69, Number 16)]
[Notices]
[Page 3601-3602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja04-65]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1034 and 1035 (Final)]
Certain Color Television Receivers From China and Malaysia
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-1034 and 1035
(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 China and
allegedly less-than-fair-value imports from Malaysia of certain color
television receivers, provided for in statistical reporting numbers
8528.12.2800, 8528.12.3250, 8528.12.3290, 8528.12.3600, 8528.12.4000,
8528.12.4400, 8528.12.4800, 8528.12.5200, and 8528.12.5600 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 ``complete and
incomplete direct-view or projection-type cathode-ray tube color
television receivers, with a video display diagonal exceeding 52
centimeters, whether or not combined with video recording or
reproducing apparatus, which are capable of receiving a broadcast
television signal and producing a video image. Specifically excluded
from these investigations are computer monitors or other video
display devices that are not capable of receiving a broadcast
television signal.''
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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: November 28, 2003.
FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), 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) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of an affirmative preliminary determination by
the Department of Commerce that imports of certain color television
receivers 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.
1673b). The investigations were requested in a petition filed on May 2,
2003, by Five Rivers Electronic Innovations, LLC, Greeneville, TN; the
International Brotherhood of Electrical Workers, Washington, DC; and
the IUE-CWA, the Industrial Division of the Communications Workers of
America, Washington, DC.
Although the Department of Commerce has preliminarily determined
that imports of certain color television receivers from Malaysia are
not being and are not likely to be sold in the United States at less
than fair value, for purposes of efficiency the Commission hereby
waives rule 207.21(b) \2\ so that the final phase of the investigations
may proceed concurrently in the event that Commerce makes a final
affirmative determination with respect to such imports.
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\2\ Section 207.21(b) of the Commission's rules provides that,
where the Department of Commerce has issued a negative preliminary
determination, the Commission will publish a Final Phase Notice of
Scheduling upon receipt of an affirmative final determination from
Commerce.
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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 the
investigations 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 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 section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of the 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 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
the investigations will be placed in the nonpublic record on April 1,
2004, 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 these investigations beginning at 9:30 a.m. on April 15,
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 April 7, 2004. A nonparty who has testimony
that may aid the
[[Page 3602]]
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 9, 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), 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 8, 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
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is April 22, 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 investigations may submit a
written statement of information pertinent to the subject of the
investigations on or before April 22, 2004. On May 7, 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 May 11, 2004, 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 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 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 section 207.21 of the Commission's rules.
By order of the Commission.
Issued: January 20, 2004.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-1535 Filed 1-23-04; 8:45 am]
BILLING CODE 7020-02-P