[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3247-3248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1343]


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INTERNATIONAL TRADE COMMISSION

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


Certain Non-Frozen Apple Juice Concentrate From China

AGENCY:  United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY:  The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-841 (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 China of certain non-frozen apple 
juice concentrate, provided for in subheadings 2009.70.00 and 
2106.90.52 of the Harmonized Tariff Schedule of the United States.\1\
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    \1\ The imported product covered by the scope of this 
investigation, as defined by the Department of Commerce, consists of 
all non-frozen concentrated apple juice with a Brix scale of 40 or 
greater, whether or not containing added sugar or other sweetening 
matter, and whether or not fortified with vitamins or minerals. 
Excluded from the scope of this investigation are frozen 
concentrated apple juice, non-frozen concentrated apple juice that 
has been fermented, and non-frozen concentrated apple juice to which 
spirits have been added.
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    For further information concerning the conduct of this phase of the 
investigation, 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:  November 22, 1999.

FOR FURTHER INFORMATION CONTACT:  William Chadwick, Jr. (202-205-3390), 
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

    The final phase of this investigation is being scheduled as a 
result of an affirmative preliminary determination by the Department of 
Commerce that imports of certain non-frozen apple juice concentrate 
from China 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 
investigation was requested in a petition filed on June 7, 1999, 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.

Participation in the Investigation 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 this 
investigation 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 investigation 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 
investigation.

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 this 
investigation available to authorized applicants under the APO issued 
in the investigation, 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 investigation. A party 
granted access to BPI in the preliminary phase of the investigation 
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 this 
investigation will be placed in the nonpublic record on March 28, 2000, 
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 this investigation beginning at 9:30 a.m. on April 10, 2000, 
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 April 3, 2000. 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 April 6, 
2000, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by

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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 April 4, 2000. 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 April 17, 2000; 
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 investigation may submit a written statement of 
information pertinent to the subject of the investigation on or before 
April 17, 2000. On May 5, 2000, 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 May 9, 2000, 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 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 investigation is 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: January 13, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-1343 Filed 1-19-00; 8:45 am]
BILLIING CODE 7020-02-P