[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Notices]
[Page 1301-1302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-31]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1063-1068 (Preliminary)]
Certain Frozen and Canned Warmwater Shrimp and Prawns From
Brazil, China, Ecuador, India, Thailand, and Vietnam
AGENCY: United States International Trade Commission.
ACTION: Institution of 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 antidumping
investigations Nos. 731-TA-1063-1068 (Preliminary) under section 733(a)
of the Tariff Act of 1930 (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 Brazil, China, Ecuador, India,
Thailand, and Vietnam of certain frozen or canned warmwater shrimp and
prawns,\1\ provided for in subheadings 0306.13.00 and 1605.20.10 of the
Harmonized Tariff Schedule of the United States, 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
section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the
Commission must reach a preliminary determination in antidumping
investigations in 45 days, or in this case by February 17, 2004. The
Commission's views are due at Commerce within five business days
thereafter, or by February 24, 2004.
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\1\ For purposes of these investigations, the products covered
are defined as certain warmwater shrimp and prawns, whether frozen
or canned, wild-caught (ocean harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shell-on or peeled, tail-on or
tail-off, deveined or not deveined, cooked or raw, or otherwise
processed in frozen or canned form. Excluded from this definition
are fresh shrimp and prawns, whether shell-on or peeled; coldwater
shrimp and prawns, in any state of processing; shrimp and prawns in
prepared meals; breaded shrimp and prawns; and dried shrimp and
prawns.
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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: December 31, 2003.
FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191) or
Elizabeth Haines (202-205-3200), 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--These investigations are being instituted in response
to petitions
[[Page 1302]]
filed on December 31, 2003, by the Ad Hoc Shrimp Trade Action
Committee, Washington, DC.
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 sections 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 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
January 21, 2004, at the U.S. International Trade Commission Building,
500 E Street SW., Washington, DC. Parties wishing to participate in the
conference should contact Jim McClure (202-205-3191) not later than
January 15, 2004, to arrange for their appearance. Parties in support
of the imposition of 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 sections 201.8 and 207.15 of
the Commission's rules, any person may submit to the Commission on or
before January 26, 2004, 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 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 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 207.12 of the Commission's rules.
By order of the Commission.
Issued: January 2, 2004.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-355 Filed 1-7-04; 8:45 am]
BILLING CODE 7020-02-P