[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40895-40896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19287]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-841 (Preliminary)]


Certain Non-Frozen Concentrated Apple Juice From China

Determination

    On the basis of the record 1 developed in the subject 
investigation, the United States International Trade Commission 
determines,2 pursuant to section 733(a) of the Tariff Act of 
1930 (19 U.S.C. 1673b(a)), that there is a reasonable indication that 
an industry in the United States is materially injured 3 by 
reason of imports from China of concentrated apple juice, other than

[[Page 40896]]

frozen,4 provided for in subheading 2009.70.00 of the 
Harmonized Tariff Schedule of the United States, that are alleged to be 
sold in the United States at less than fair value (LTFV).
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    \1\ The record is defined in Sec. 207.2(f) of the Commission's 
rules of practice and procedure (19 CFR 207.2(f)).
    \2\ Chairman Bragg not participating.
    \3\ Commissioner Crawford determines that there is a reasonable 
indication that an industry in the United States is threatened with 
material injury by reason of imports of the subject merchandise from 
China that are allegedly sold at LTFV.
    \4\ For purposes of this investigation, non-frozen concentrated 
apple juice is defined as having a Brix value of 40 or greater, 
whether or not containing added sugar or other sweetening matter, 
not fortified with vitamins or minerals, unfermented and not 
containing added spirits.
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Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigation. The Commission will issue a final phase notice of 
scheduling which will be published in the Federal Register as provided 
in Sec. 207.21 of the Commission's rules upon notice from the 
Department of Commerce (Commerce) of an affirmative preliminary 
determination in the investigation under section 733(b) of the Act, or, 
if the preliminary determination is negative, upon notice of an 
affirmative final determination in that investigation under section 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigation need not enter a separate 
appearance for the final phase of the investigation. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.

Background

    On June 7, 1999, a petition was filed with the Commission and 
Commerce by counsel on behalf of Coloma Frozen Foods, Inc., Coloma, MI; 
Green Valley Packers, Arvin, CA; Knouse Foods Cooperative, Inc., Peach 
Glen, PA; Mason County Fruit Packers, Ludington, MI; and Tree Top, 
Inc., Selah, WA., alleging that an industry in the United States is 
materially injured by reason of LTFV imports of non-frozen concentrated 
apple juice from China. Accordingly, effective June 7, 1999, the 
Commission instituted antidumping investigation No. 731-TA-841 
(Preliminary).
    Notice of the institution of the Commission's investigation and of 
a public conference 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 June 16, 1999 (64 FR 32256). The 
conference was held in Washington, DC, on June 28, 1999, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on July 22, 1999. The views of the 
Commission are contained in USITC Publication 3216 (July 1999), 
entitled Certain Non-frozen Concentrated Apple Juice from China: 
Investigation No. 731-TA-841 (Preliminary).

    By order of the Commission.

    Issued: July 23, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-19287 Filed 7-27-99; 8:45 am]
BILLING CODE 7020-02-P