[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Notices]
[Pages 36434-36436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17795]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. AA1921-110 (Review)]


Canned Bartlett Pears from Australia

AGENCY: United States International Trade Commission.

ACTION: Institution of a five-year review concerning the antidumping 
duty order on canned Bartlett pears from Australia.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty order on canned Bartlett pears from Australia would be likely to 
lead to continuation or recurrence of material injury. Pursuant to 
section 751(c)(2) of the Act, interested parties are requested to 
respond to this notice by submitting the information specified below to 
the Commission; the deadline for responses is August 25, 1998. Comments 
on the adequacy of responses may be filed with the Commission by 
September 21, 1998.
    For further information concerning the conduct of this review and 
rules of

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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, D, E, and F (19 CFR part 207). Recent amendments to 
the Rules of Practice and Procedure pertinent to five-year reviews, 
including the text of subpart F of part 207, are published at 63 F.R. 
30599, June 5, 1998, and may be downloaded from the Commission's World 
Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: July 6, 1998.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
Libeau (202-205-3176), 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).

SUPPLEMENTARY INFORMATION:

Background

    On March 23, 1973, the Department of the Treasury issued an 
antidumping duty order on imports of canned Bartlett pears from 
Australia (38 F.R. 7566). The Commission is conducting a review to 
determine whether revocation of the order would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time.

Definitions

    The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Australia.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, the Commission defined the Domestic Like Product as 
canned Bartlett pears.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission defined the Domestic Industry as enterprises, proprietary 
and grower-owned cooperatives, engaged in the production of canned 
Bartlett pears.
    (5) The Order Date is the date that the antidumping duty order 
under review became effective. In this review, the Order Date is March 
23, 1973.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Review 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 review as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the review.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and APO Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI submitted in this review available to 
authorized applicants under the APO issued in the review, provided that 
the application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the review. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.

Certification

    Pursuant to section 207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with this review 
must certify that the information is accurate and complete to the best 
of the submitter's knowledge. In making the certification, the 
submitter will be deemed to consent, unless otherwise specified, for 
the Commission, its employees, and contract personnel to use the 
information provided in any other reviews or investigations of the same 
or comparable products which the Commission conducts under Title VII of 
the Act, or in internal audits and investigations relating to the 
programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
3.

Written Submissions

    Pursuant to section 207.61 of the Commission's rules, each 
interested party response to this notice must provide the information 
specified below. The deadline for filing such responses is August 25, 
1998. Pursuant to section 207.62(b) of the Commission's rules, eligible 
parties (as specified in Commission rule 207.62(b)(1)) may also file 
comments concerning whether the Commission should conduct an expedited 
review. The deadline for filing such comments is September 21, 1998. 
All written submissions must conform with the provisions of sections 
201.8 and 207.3 of the Commission's rules and any submissions that 
contain BPI must also conform with the requirements of sections 201.6 
and 207.7 of the Commission's rules. Also, in accordance with sections 
201.16(c) and 207.3 of the Commission's rules, each document filed by a 
party to the review must be served on all other parties to the review 
(as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the review you do not need to serve your 
response).

Inability to Provide Requested Information

    Pursuant to section 207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to section 776(b) of the 
Act in making its determination in the review.

Information to be Provided in Response to this Notice of 
Institution

    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name,

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telephone number, fax number, and E-mail address of the certifying 
official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this review by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
Australia that currently export or have exported Subject Merchandise to 
the United States or other countries since 1971.
    (7) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 1997 (report quantity data in thousands of 
pounds and value data in thousands of U.S. dollars). If you are a 
union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production; and
    (b) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from Australia, provide the 
following information on your firm's(s') operations on that product 
during calendar year 1997 (report quantity data in thousands of pounds 
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from Australia accounted for by your firm's(s') imports; and
    (b) the quantity and value of U.S. commercial shipments of Subject 
Merchandise imported from Australia.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in 
Australia, provide the following information on your firm's(s') 
operations on that product during calendar year 1997 (report quantity 
data in thousands of pounds and value data in thousands of U.S. 
dollars). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in Australia 
accounted for by your firm's(s') production; and
    (b) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from Australia accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country since the Order Date, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Country, and canned Bartlett pears 
from other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    Issued: June 29, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-17795 Filed 7-2-98; 8:45 am]
BILLING CODE 7020-02-P