[Federal Register Volume 61, Number 160 (Friday, August 16, 1996)]
[Notices]
[Page 42652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20875]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-66]


Fresh Tomatoes and Bell Peppers

Determination

    On the basis of the information developed in the subject 
investigation, the Commission determines 1 2 that 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,3 are not 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 industries producing 
articles like or directly competitive with the imported articles.
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    \1\ Commissioner Bragg dissenting with regard to imports of 
fresh tomatoes and bell peppers other than (1) greenhouse tomatoes 
and bell peppers and (2) imports from Canada.
    \2\ Commissioner Nuzum not participating.
    \3\ The imported articles covered by this investigation are 
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 chili and cayenne 
peppers and peppers grown for processing.
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Background

    Following receipt of a petition filed on March 11, 1996, by 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 
Commission, effective March 11, 1996, instituted Investigation No. TA-
201-66 under section 202 of the Trade Act of 1974 to determine whether 
fresh tomatoes and bell peppers 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 industries 
producing articles like or directly competitive with the imported 
articles.
    Notice of the institution of the Commission's investigation and of 
public hearings to be held in connection therewith was given by posting 
copies of the notice in the Office of the Secretary, U.S. International 
Trade Commission, Washington, DC, and by publishing the notice in the 
Federal Register of March 28, 1996 (61 F.R. 13875). The hearing in 
connection with the injury phase of the investigation was held in 
Washington, DC, on June 3, 1996, and all persons who requested the 
opportunity were permitted to appear in person or by counsel. The 
hearing on the remedy phase scheduled for August 1, 1996, was not held 
because the Commission made a negative injury determination and 
accordingly did not reach the question of remedy.
    The Commission transmitted its determination in this investigation 
to the President on August 9, 1996. The views of the Commission are 
contained in USITC Publication 2985 (August 1996), entitled ``Fresh 
Tomatoes and Bell Peppers: Investigation No. TA-201-66.''

    Issued: August 12, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-20875 Filed 8-15-96; 8:45 am]
BILLING CODE 7020-02-P