[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Notices]
[Pages 13875-13876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7492]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-66]


Fresh Tomatoes and Bell Peppers

AGENCY: International Trade Commission.

ACTION: Institution and scheduling of an investigation under section 
202 of the Trade Act of 1974 (19 U.S.C. Sec. 2252) (the Act).

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SUMMARY: Following receipt of a petition filed on March 11, 1996, on 
behalf of the Florida Fruit & Vegetable Association, Orlando, FL, the 
Florida Bell Pepper Growers Exchange, Inc., Orlando, FL, the Florida 
Commissioner of Agriculture, Tallahassee, FL, the Ad Hoc Group of 
Florida Tomato Growers and Packers, and individual Florida bell pepper 
growers, the U.S. International Trade Commission instituted 
Investigation No. TA-201-66 under section 202 of the Act to determine 
whether fresh tomatoes and bell peppers, provided for in subheadings 
0702.00.20, 0702.00.40, 0702.00.60, and 0709.60.40 of the Harmonized 
Tariff Schedule of the United States, are being imported into the 
United States in such increased quantities as to be a substantial cause 
of serious injury, or the threat thereof, to the domestic industry 
producing an article like or directly competitive with the imported 
article.1

     1 For purposes of this investigation, ``fresh tomatoes'' are 
defined as fresh or chilled tomatoes, including but not limited to 
the varieties known scientifically as Lycopersicon esculentum, 
Lycopersicon cerasiforme, and Lycopersicon pyriforme, but excluding 
tomatoes grown for processing. ``Bell peppers,'' also called sweet 
peppers, are defined as fresh or chilled peppers belonging to the 
species Capsicum annuum var. annuum, but excluding peppers grown for 
processing.
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    For further information concerning the conduct of this 
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 206, subparts A and B 
(19 CFR part 206).

EFFECTIVE DATE: March 11, 1996.

FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), 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 or ftp://ftp.usitc.gov).

SUPPLEMENTARY INFORMATION: Participation in the investigation and 
service list.--Persons wishing to participate in the 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, 
not later than 21 days after publication of this notice in the Federal 
Register. The Secretary will prepare a service list containing the 
names and addresses of all persons, or their representatives, who are 
parties to this investigation upon the expiration of the period for 
filing entries of appearance.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants under the APO issued in the investigation, 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 CBI 
under the APO.
    Hearings on injury and remedy.--The Commission has scheduled 
separate hearings in connection with the injury and remedy phases of 
this investigation. The hearing on injury will be held beginning at 
9:30 a.m. on June 3, 1996, at the U.S. International Trade Commission 
Building. In the event that the Commission makes an affirmative injury 
determination or is equally divided on the question of injury in this 
investigation, a hearing on the question of remedy will be held 
beginning at 9:30 a.m. on August 1, 1996. Requests to appear at the 
hearings should be filed in writing with the Secretary to the 
Commission on or before May 17, 1996, and July 15, 1996, respectively. 
All persons desiring to appear at the hearings and make oral 
presentations should attend prehearing conferences to be held at 9:30 
a.m. on May 21, 1996, and July 18, 1996, respectively, at the U.S. 
International Trade Commission Building. Oral testimony and written 
materials to be submitted at the hearing are governed by sections 
201.6(b)(2) and 201.13(f) of the Commission's rules. Parties are 
strongly encouraged to submit as early in the investigation as possible 
any requests to present a portion of their hearing testimony in camera.
    Written submissions.--Each party is encouraged to submit a 
prehearing brief to the Commission. The deadline for filing prehearing 
briefs on injury is May 28, 1996; that for filing prehearing briefs on 
remedy, including any commitments pursuant to 19 U.S.C. 
Sec. 2252(a)(6)(B), is July 25, 1996. Parties may also file posthearing 
briefs. The deadline for filing posthearing briefs on injury is June 
10, 1996; that for filing posthearing briefs on remedy is August 8, 
1996. 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 consideration of injury on or before June 
10, 1996, and pertinent to the consideration of remedy on or before 
August 8, 1996. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain confidential business information must also conform with 
the requirements of section 201.6 of the Commission's rules.
    In accordance with section 201.16(c) 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 the 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 the 
authority of section 202 of the Trade Act of 1974; this notice is

[[Page 13876]]
published pursuant to section 206.3 of the Commission's rules.
    Issued: March 22, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-7492 Filed 3-27-96; 8:45 am]
BILLING CODE 7020-02-P