[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44538-44539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21174]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-386 and 731-TA-812 (Final)]


Live Cattle From Canada

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-812 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value imports from Canada of live cattle.1
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    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as all live cattle except: (1) Imports of 
dairy cows for the production of milk for human consumption; and (2) 
purebred or other cattle specially imported for breeding purposes. 
The merchandise subject to these investigations is provided for in 
subheading 0102.90.40 of the Harmonized Tariff Schedule of the 
United States (HTS), with the exception of statistical reporting 
numbers 0102.90.40.72 and 0102.90.40.74.
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    Section 207.21(b) of the Commission's rules provides that, where 
the Department of Commerce has issued a negative preliminary 
determination, the Commission will not publish a notice of scheduling 
of the final phase of its investigation unless and until it receives an 
affirmative final determination from Commerce. Although the Department 
of Commerce has preliminarily determined that countervailable subsidies 
are not being provided to producers and exporters of live cattle from 
Canada, for purposes of efficiency the Commission hereby waives rule 
207.21(b) and gives notice of the scheduling of the final phase of 
countervailing duty investigation No. 701-TA-386 (Final) under section 
705(b) of the Act (19 U.S.C. 1671d(b)). The Commission is taking this 
action so that the final phases of the countervailing duty and 
antidumping investigations may proceed concurrently in the event that 
Commerce makes an affirmative final countervailing duty determination. 
If Commerce makes a final negative countervailing duty determination, 
the Commission will terminate its countervailing duty investigation 
under section 705(c)(2) of the Act (19 U.S.C. 1671d(c)(2)), and section 
207.21(d) of the Commission's rules.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, 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 and C 
(19 CFR part 207).

EFFECTIVE DATE: July 26, 1999.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
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

[[Page 44539]]

Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    The final phase of the antidumping investigation is being scheduled 
as a result of an affirmative preliminary determination by the 
Department of Commerce that imports of live cattle from Canada are 
being sold in the United States at less than fair value within the 
meaning of section 733 of the Act (19 U.S.C. 1673b). The final phase of 
the countervailing duty investigation is being scheduled, under waiver 
of section 207.21(b), discussed above, for purposes of efficiency. The 
investigations were requested in a letter filed on November 12, 1998, 
by the Ranchers-Cattlemen Action Legal Foundation (``R-Calf'') 
(Columbus, MT), and its supporting trade associations and individual 
cattlemen and cattlewomen. Counsel for R-Calf withdrew its petitions 
and addenda in countervailing duty investigation No. 701-A-385 
(Preliminary) and antidumping investigations 731-TA-809-810 
(Preliminary) on November 10, 1998. The letter received on November 12, 
1998, petitioning for institution of antidumping and countervailing 
duty investigations, requested that the petition and addenda filed in 
the discontinued investigations be incorporated by reference in the 
instant investigations.

Participation in the Investigations 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 final phase of the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.

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

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in the final phase of the 
investigations available to authorized applicants under the APO issued 
in the investigations, provided that the application is made no later 
than 21 days prior to the hearing date specified in this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the investigations. A party 
granted access to BPI in the preliminary phase of the investigations 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.

Staff Report

    The prehearing staff report in the final phase of these 
investigations will be placed in the nonpublic record on September 23, 
1999, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of these investigations beginning at 9:30 a.m. on October 6, 
1999, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before October 1, 1999. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on October 4, 1999, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of section 207.23 of the Commission's rules; the deadline 
for filing is September 30, 1999. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in section 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
October 14, 1999; witness testimony must be filed no later than three 
days before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the investigations 
on or before October 14, 1999. On November 2, 1999, the Commission will 
make available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before November 4, 1999, but such final comments must 
not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (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: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    Issued: August 10, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-21174 Filed 8-13-99; 8:45 am]
BILLING CODE 7020-02-P