[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Notices]
[Page 51859-51861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au04-65]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1069 (Final)]
Outboard Engines From Japan
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1069 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 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 (LTFV) imports from Japan of outboard engines,
provided for in subheading 8407.21.00 of the Harmonized Tariff Schedule
of the United States.\1\
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\1\ For purposes of this investigation, the Department of
Commerce has defined the subject merchandise as ``outboard engines
(also referred to as outboard motors), whether assembled or
unassembled; and powerheads, whether assembled or unassembled. The
subject engines are gasoline-powered spark-ignition, internal
combustion engines designed and used principally for marine
propulsion for all types of light recreational and commercial boats,
including, but not limited to, canoes, rafts, inflatable, sail and
pontoon boats. Specifically included in this scope are two-stroke,
direct injection two-stroke, and four-stroke outboard engines.
Outboard engines are comprised of (1) a powerhead assembly, or
an internal combustion engine, (2) a midsection assembly, by which
the outboard engine is attached to the vehicle it propels, and (3) a
gearcase assembly, which typically includes a transmission and
propeller shaft, and may or may not include a propeller. To the
extent that these components are imported together, but unassembled,
they collectively are covered within the scope of this
investigation. An ``unassembled'' outboard engine consists of a
powerhead as defined below, and any other parts imported with the
powerhead that may be used in the assembly of an outboard engine.
Powerheads are comprised of, at a minimum, (1) a cylinder block,
(2) pistons, (3) connecting rods, and (4) a crankshaft. Importation
of these four components together, whether assembled or unassembled,
and whether or not accompanied by additional components, constitute
a powerhead for purposes of this investigation. An ``unassembled''
powerhead consists of, at a minimum, the four powerhead components
listed above, and any other parts imported with it that may be used
in the assembly of a powerhead.
The scope does not include parts or components (other than
powerheads) imported separately.''
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[[Page 51860]]
For further information concerning the conduct of this phase of the
investigation, 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
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(19 CFR part 207).
EFFECTIVE DATE: August 12, 2004.
FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182), 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 this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Background.--The final phase of this
investigation is being scheduled as a result of an affirmative
preliminary determination by the Department of Commerce that outboard
engines from Japan 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 investigation was requested in a petition filed on January
8, 2004, by Mercury Marine, a division of Brunswick Corp., Fond du Lac,
WS.
Participation in the investigation 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 this
investigation 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 investigation 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
investigation.
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 this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation. A party granted access
to BPI in the preliminary phase of the investigation 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
this investigation will be placed in the nonpublic record on December
2, 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 this investigation beginning at 9:30 a.m. on December
14, 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 December 8, 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 December 10, 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 December 9, 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 December 21, 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 investigation may submit a
written statement of information pertinent to the subject of the
investigation on or before December 21, 2004. On January 19, 2005, 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 21, 2005, 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 investigation must be
served on all other parties to the investigation (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: This investigation is 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.
[[Page 51861]]
Issued: August 17, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-19248 Filed 8-20-04; 8:45 am]
BILLING CODE 7020-02-P