[Federal Register Volume 63, Number 24 (Thursday, February 5, 1998)]
[Notices]
[Pages 5965-5967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2890]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

Investigations Nos. 731-TA-768 (Final) and 701-TA-372 (Final)


Fresh Atlantic Salmon From Chile

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping and countervailing 
duty investigations.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-768 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. Sec. 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 Chile of fresh 
Atlantic salmon, provided for in subheadings 0302.12.00 and 0304.10.40 
of the Harmonized Tariff Schedule of the United States.1 
Section

[[Page 5966]]

207.21(b) of the Commission's rules provides that, where the Department 
of Commerce has issued a negative preliminary determination, the 
Commission will not publish a notice of scheduling of the final phase 
of its investigation unless and until it receives an affirmative final 
determination from Commerce. Although the Department of Commerce has 
preliminarily determined that countervailable subsidies are not being 
provided to producers or exporters of fresh Atlantic salmon in Chile, 
for purposes of efficiency the Commission hereby waives rule 207.21(b) 
and gives notice of the scheduling of the final phase of countervailing 
duty investigation No. 701-TA-372 (Final) under section 705(b) of the 
Act. The Commission is taking this action so that the final phases of 
the antidumping and countervailing duty investigations may proceed 
concurrently in the event that Commerce makes an affirmative final 
countervailing duty determination. If Commerce makes a final negative 
countervailing duty determination, the Commission will terminate its 
countervailing duty investigation under section 705(c)(2) of the Act 
(19 U.S.C. Sec. 1671d(c)(2)), and section 207.21(d) of the Commission's 
rules.
---------------------------------------------------------------------------

    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as fresh, farmed Atlantic salmon, whether 
``dressed'' or cut. Atlantic salmon is the species Salmo salar, in 
the genus Salmo of the family salmoninae. ``Dressed'' Atlantic 
salmon refers to salmon that has been bled, gutted, and cleaned. It 
may be imported with the head on or off, with the tail on or off, 
and with the gills in or out. All cuts of fresh Atlantic salmon are 
included in the scope of the investigations. Examples of cuts 
include, but are not limited to: crosswise cuts (steaks), lengthwise 
cuts (fillets), lengthwise cuts attached by skin (butterfly cuts), 
combinations of crosswise and lengthwise cuts (combination 
packages), and Atlantic salmon that is minced, shredded, or ground. 
Cuts may be subjected to various degrees of trimming, and imported 
with the skin on or off and with the ``pin bones'' in or out.
    Excluded from the scope are (1) fresh Atlantic salmon that is 
``not farmed'' (i.e., wild Atlantic salmon); (2) live Atlantic 
salmon; and (3) Atlantic salmon that has been subject to further 
processing, such as frozen, canned, dried, and smoked Atlantic 
salmon, or processed into forms such as sausages, hot dogs, and 
burgers.
---------------------------------------------------------------------------

    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), as amended by 61 FR 37818, July 22, 1996.

EFFECTIVE DATE: January 16, 1998.

FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188), 
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:

Background

    The final phase of the antidumping investigation is being scheduled 
as a result of an affirmative preliminary determination by the 
Department of Commerce that imports of fresh Atlantic salmon from Chile 
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. Sec. 1673b). The final 
phase of the countervailing duty investigation is being scheduled, 
under waiver of section 207.21(b), discussed above, for purposes of 
efficiency. The investigation was requested in a petition filed on June 
12, 1997, by the Coalition for Fair Atlantic Salmon Trade.

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 these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 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 these 
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. Sec. 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 these 
investigations will be placed in the nonpublic record on May 20, 1998, 
and a public version will be issued thereafter, pursuant to Sec. 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 June 3, 1998, 
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 May 21, 1998. 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 May 27, 
1998, 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 May 28, 1998. 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 June 10, 1998; 
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 
June 10, 1998. On June 30, 1998, 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 July 2, 1998, 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,

[[Page 5967]]

207.3, and 207.7 of the Commission's rules.
    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 30, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-2890 Filed 2-4-98; 8:45 am]
BILLING CODE 7020-02-P