[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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