[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Notices]
[Pages 42415-42416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20047]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-768 (Final Remand)]
Fresh Atlantic Salmon From Chile; Scheduling of Remand
Proceedings
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: The U.S. International Trade Commission (the Commission)
hereby gives notice of the court-ordered remand of its final
antidumping investigation No. 731-TA-768 (Final).
EFFECTIVE DATE: July 23, 1999.
FOR FURTHER INFORMATION CONTACT: Woodley Timberlake, Office of
Investigations, telephone 202-205-3188 or Neal J. Reynolds, Office of
General Counsel, telephone 202-205-3093, U.S. International Trade
Commission. Hearing-impaired individuals are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810. General information concerning the Commission
may also be obtained by accessing its Internet server (http://
www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
On July 2, 1999, the Court of International Trade remanded to the
Commission its final determination in Fresh Atlantic Salmon from Chile,
Inv. No. 731-TA-768 (Final), USITC Pub. 3116 (July 1998).1
In its order, the Court directs the Commission to ``reopen the
administrative record to verify the accuracy of its foreign production,
shipments and capacity data'' and to ``take any action necessary after
reexamining the foreign production, shipments and capacity data.'' It
also directs the Commission to issue a remand determination within
ninety days of the date of the order, i.e., by September 30, 1999.
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\1\ The Commission made an affirmative determination by a 2-1
vote in July 1998. Chairman Bragg determined that the domestic
industry was threatened with material injury by reason of the
subject imports and Vice Chairman Miller determined that the
industry was materially injured by reason of the subject imports.
Commissioner Crawford dissented, finding that the industry was
neither materially injured nor threatened with material injury by
reason of the subject imports.
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Reopening Record
In order to assist it in making its determination on remand, the
Commission is reopening the record on remand in this investigation to
verify the accuracy of its foreign production, capacity and shipments
data and to permit parties to file comments on whether that data should
be revised. If necessary, the Commission will permit the parties to
file additional briefs on whether any such revisions should affect the
Commission's threat analysis in the investigation.
Participation in the Proceedings
Only those persons who were interested parties to the original
administrative proceedings (i.e., persons listed on the Commission
Secretary's service list) may participate in these remand proceedings.
Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and BPI Service List
Information obtained during the remand investigation will be
released to parties under the administrative protective order (``APO'')
in effect in the original investigation. Pursuant to section 207.7(a)
of the Commission's rules, the Secretary will make business proprietary
information gathered in the final investigation and this remand
investigation available to additional authorized applicants, that are
not covered under the original APO, provided that the application is
made not later than seven (7) days after publication of the
Commission's notice of reopening the record on remand in the Federal
Register. Applications must be filed for persons on the Judicial
Protective Order in the related CIT case, but not covered under the
original APO. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO in
this remand investigation.
Written Submissions
Each party who is an interested party in this remand proceeding may
submit comments to the Commission. These comments must be concise and
must be limited specifically to the issue of whether the foreign
production, capacity and shipments data of Fiordo Blanco S.A., a
Chilean producer of salmon, was double-counted during the
[[Page 42416]]
original investigation, based on data submitted during that
investigation and in this remand proceeding. Any material in these
comments that does not address this limited issue will be stricken from
the record. These comments shall be limited to ten (10) pages, and must
be filed no later than the close of business on August 23, 1999.
If the Commission finds that it double counted Fiordo Blanco's data
in the original investigation, each party who is an interested party in
this remand proceeding will also be permitted to submit a written brief
to the Commission. Briefs should be concise and thoroughly referenced
to information on the record in the original investigation or
information obtained during the remand investigation. Briefs will be
strictly limited to the issue of whether any revisions to the original
foreign production, capacity, and shipments data that occur as a result
of this remand investigation affect the Commission's threat analysis in
this proceeding. Any material in the briefs that does not address this
limited issue will be stricken from the record. Written briefs shall be
limited to fifteen (15) pages, and must be filed no later than the
close of business on September 17, 1999. Parties will be informed as to
whether these briefs are necessary by September 2, 1999. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means.
All written submissions must conform with the provisions of
Sec. 201.8 of the Commission's rules; any submissions that contain
business proprietary information (BPI) must also conform with the
requirements of Sec. 201.6, 207.3, and 207.7 of the Commission's rules.
In accordance with Secs. sections 201.16(c) and 207.3 of the rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (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: This action is taken under the authority of the
Tariff Act of 1930, title VII.
By order of the Commission.
Issued: July 30, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-20047 Filed 8-3-99; 8:45 am]
BILLING CODE 7020-02-P