[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Pages 66578-66581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32083]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 701-TA-C (Review) and (Investigation No. 701-TA-D 
(Review)]


Textiles and Textile Products From Colombia and Certain Textile 
Mill Products from Thailand

AGENCY: United States International Trade Commission.


[[Page 66579]]


ACTION: Institution of five-year reviews concerning the suspended 
countervailing duty investigations on textiles and textile products 
from Colombia and certain textile mill products from Thailand.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
Sec. 1675(c)) (the Act) to determine whether termination of the 
suspended investigations on textiles and textile products from Colombia 
and certain textile mill products from Thailand 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 January 20, 1999. Comments on 
the adequacy of responses may be filed with the Commission by February 
12, 1999.
    For further information concerning the conduct of these reviews 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, 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 FR 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: December 2, 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 12, 1985, the Department of Commerce suspended 
countervailing duty investigations on imports of textiles and textile 
products from Colombia and certain textile mill products from Thailand 
(50 FR 9832 and 9863). The Commission is conducting reviews to 
determine whether termination of the suspended investigations 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 these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Colombia and 
Thailand.
    (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. There were no 
Commission determinations concerning textiles and textile products from 
Colombia and certain textile mill products from Thailand. Therefore, 
for purposes of this notice, you should consider the Domestic Like 
Product to be co-extensive with the Subject Merchandise described in 
Commerce's scope of the five-year reviews.
    (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. For purposes of this notice, you 
should consider the Domestic Industry to be producers of the Domestic 
Like Product.
    (5) The Order Date is the date that the investigations were 
suspended. In these reviews, the Order Date is March 12, 1985.
    (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 Reviews 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 reviews 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 reviews.

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 these reviews available to 
authorized applicants under the APO issued in the reviews, 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. Sec. 1677(9), who 
are parties to the reviews. 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 these 
reviews 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 January 20, 
1999. 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 the adequacy of responses to the notice of 
institution and whether the Commission should conduct expedited or full 
reviews. The deadline for filing such comments is February 12, 1999. 
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

[[Page 66580]]

Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means. Also, 
in accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the reviews must be served on 
all other parties to the reviews (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 reviews 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 determinations in the reviews.

Information To Be Provided in Response To This Notice of 
Institution

    Please provide the requested information separately for each of the 
products identified by Commerce as Subject Merchandise. If you are a 
domestic producer, union/worker group, or trade/business association; 
import/export Subject Merchandise from more than one Subject Country; 
or produce Subject Merchandise in more than one Subject Country, you 
may file a single response. If you do so, please ensure that your 
response to each question includes the information requested for each 
pertinent Subject Country. As used below, the term ``firm'' includes 
any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, 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 these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the termination of the 
suspended investigations 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. 
Sec. 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. Sec. 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 the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries since 1984.
    (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 value data in thousands of 
U.S. dollars, f.o.b. plant). 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 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 the Subject Countries, 
provide the following information on your firm's(s'') operations on 
that product during calendar year 1997 (report 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 value (landed, duty-paid but not including antidumping or 
countervailing duties) of U.S. imports and, if known, an estimate of 
the percentage of total U.S. imports of Subject Merchandise from the 
Subject Countries accounted for by your firm's(s') imports; and
    (b) the value (f.o.b. U.S. port, including antidumping and/or 
countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 1997 (report value data 
in thousands of U.S. dollars, landed and duty-paid at the U.S. port but 
not including antidumping or countervailing duties). 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 the Subject 
Countries accounted for by your firm's(s') production; and
    (b) the 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 the 
Subject Countries 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 Countries 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

[[Page 66581]]

produced in the Subject Countries, and such merchandise 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: These reviews are 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: November 25, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-32083 Filed 12-1-98; 8:45 am]
BILLING CODE 7020-02-P