[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Notices]
[Pages 15008-15009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6857]


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INTERNATIONAL TRADE COMMISSION

Investigation No. TA-201-71


Crabmeat From Swimming Crabs

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of an investigation under section 
202 of the Trade Act of 1974 (19 U.S.C. 2252) (the Act) and 
determination that the investigation is extraordinarily complicated.

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[[Page 15009]]

SUMMARY: Following receipt of a petition filed on March 2, 2000, on 
behalf of the Blue Crab Coalition, McClellanville, SC, the Commission 
instituted investigation No. TA-201-71 under section 202 of the Act to 
determine whether crabmeat from swimming crabs (family Portunidae), in 
all its forms, including frozen, fresh, and chilled crabmeat, however 
packed, preserved, pasteurized, or prepared, and of any grade or size 
(such as jumbo lump, lump, back fin, claw, select, and the like), is 
being imported into the United States in such increased quantities as 
to be a substantial cause of serious injury, or the threat thereof, to 
the domestic industry producing an article like or directly competitive 
with the imported article. Such crabmeat is generally classified in 
subheadings 1605.10.20 and 1605.10.40 of the Harmonized Tariff Schedule 
of the United States (HTS), but may also be entering under HTS 
subheadings 0306.14.20 and 0306.24.20. Although the HTS categories are 
provided for convenience and Customs purposes, the written description 
of the merchandise under investigation is dispositive.
    The Commission has determined that this investigation is 
``extraordinarily complicated'' within the meaning of section 
202(b)(2)(B) of the Trade Act of 1974 (19 U.S.C. 2252(b)(2)(B)). This 
determination allows the Commission to take up to 30 additional days to 
make its injury determination in this investigation--that is, the 
Commission must make its injury determination before the 150th day of 
the filing of the petition, as opposed to the 120th day. The Commission 
envisions using only a part of the extra 30 days to make its injury 
determination. This will allow the Commission more than sufficient time 
to consider the question of remedy should the Commission make an 
affirmative injury determination.
    For further information concerning the conduct of this 
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 206, subparts A and B 
(19 CFR part 206).

EFFECTIVE DATE: March 2, 2000.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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:

Participation in the Investigation and Service List

    Persons wishing to participate in the 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, not later than 21 
days after publication of this notice in the Federal Register. The 
Secretary will prepare a service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
this investigation upon the expiration of the period for filing entries 
of appearance.

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

    Pursuant to section 206.17 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants under the APO issued in the investigation, provided that the 
application is made not later than 21 days after the publication of 
this notice in the Federal Register. A separate service list will be 
maintained by the Secretary for those parties authorized to receive CBI 
under the APO.

Hearings on Injury and Remedy

    The Commission has scheduled separate hearings in connection with 
the injury and remedy phases of this investigation. The hearing on 
injury will be held beginning at 9:30 a.m. on June 15, 2000, at the 
U.S. International Trade Commission Building. In the event that the 
Commission makes an affirmative injury determination or is equally 
divided on the question of injury in this investigation, a hearing on 
the question of remedy will be held beginning at 9:30 a.m. on July 25, 
2000. Requests to appear at the hearings should be filed in writing 
with the Secretary to the Commission on or before June 9, 2000, and 
July 19, 2000, respectively. All persons desiring to appear at the 
hearings and make oral presentations should attend prehearing 
conferences to be held at 9:30 a.m. on June 13, 2000, and July 21, 
2000, respectively, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
hearing are governed by sections 201.6(b)(2) and 201.13(f) 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 is encouraged to submit a prehearing brief to the 
Commission. The deadline for filing prehearing briefs on injury is June 
9, 2000; that for filing prehearing briefs on remedy, including any 
commitments pursuant to 19 U.S.C. Sec. 2252(a)(6)(B), is July 19, 2000. 
Parties may also file posthearing briefs. The deadline for filing 
posthearing briefs on injury is June 20, 2000; that for filing 
posthearing briefs on remedy is July 31, 2000. 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 
consideration of injury on or before June 20, 2000, and pertinent to 
the consideration of remedy on or before July 31, 2000. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's rules; any submissions that contain confidential business 
information must also conform with the requirements of section 201.6 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 section 201.16(c) 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 the 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 the 
authority of section 202 of the Trade Act of 1974; this notice is 
published pursuant to section 206.3 of the Commission's rules.

    Issued: March 15, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-6857 Filed 3-17-00; 8:45 am]
BILLING CODE 7020-02-P