[Federal Register Volume 66, Number 65 (Wednesday, April 4, 2001)]
[Notices]
[Pages 17926-17927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8275]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-925 (Preliminary)]


Greenhouse Tomatoes From Canada

AGENCY: International Trade Commission.

ACTION: Institution of antidumping investigation and scheduling of a 
preliminary phase investigation.

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SUMMARY: The Commission hereby gives notice of the institution of an 
investigation and commencement of preliminary phase antidumping 
investigation No. 731-TA-925 (Preliminary) under section 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that 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 imports from Canada of greenhouse tomatoes,\1\ 
provided for in subheadings 0702.00.20, 0702.00.40, and 0702.00.60 of 
the Harmonized Tariff Schedule of the United States, that are alleged 
to be sold in the United States at less than fair value. Unless the 
Department of Commerce extends the time for initiation pursuant to 
section 732(c)(1)(B) of the Act (19 U.S.C.

[[Page 17927]]

1673a(c)(1)(B)), the Commission must reach a preliminary determination 
in antidumping investigations in 45 days, or in this case by May 14, 
2001. The Commission's views are due at the Department of Commerce 
within five business days thereafter, or by May 21, 2001.
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    \1\ All fresh or chilled tomatoes for the fresh market, 
including, e.g., common round tomatoes, cherry tomatoes, plum or 
pear tomatoes, and cluster or ``on-the-vine'' tomatoes. The product 
is limited to tomatoes grown in greenhouses and excludes field-grown 
tomatoes.
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    For further information concerning the conduct of this 
investigation 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 B (19 CFR 
part 207).

EFFECTIVE DATE: March 28, 2001.

FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202-205-3182), 
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). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    This investigation is being instituted in response to a petition 
filed on March 28, 2001, by Carolina Hydroponic Growers Inc., Leland, 
NC; Eurofresh, Willcox, AZ; HydroAge, Cocoa, FL; Sunblest Management, 
Fort Lupton, CO; Sunblest Farms, Peyton, CO; and Village Farms, LP, 
Eatontown, NJ.

Participation in the Investigation and Public Service List

    Persons (other than petitioners) wishing to participate in the 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping investigations. The Secretary will 
prepare a public 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 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 this investigation available to 
authorized applicants representing interested parties (as defined in 19 
U.S.C. 1677(9)) who are parties to the investigation under the APO 
issued in the investigation, provided that the application is made not 
later than seven 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 BPI under the APO.

Conference

    The Commission's Director of Operations has scheduled a conference 
in connection with this investigation for 9:30 a.m. on April 18, 2001, 
at the U.S. International Trade Commission Building, 500 E Street SW., 
Washington, DC. Parties wishing to participate in the conference should 
contact Olympia Hand (202-205-3182) not later than April 11, 2001, to 
arrange for their appearance. Parties in support of the imposition of 
antidumping duties in this investigation and parties in opposition to 
the imposition of such duties will each be collectively allocated one 
hour within which to make an oral presentation at the conference. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the conference.

Written Submissions

    As provided in sections 201.8 and 207.15 of the Commission's rules, 
any person may submit to the Commission on or before April 23, 2001, a 
written brief containing information and arguments pertinent to the 
subject matter of the investigation. Parties may file written testimony 
in connection with their presentation at the conference no later than 
three days before the conference. If briefs or written testimony 
contain BPI, they must 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 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 207.12 of the Commission's rules.


    Issued: March 30, 2001.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-8275 Filed 4-3-01; 8:45 am]
BILLING CODE 7020-02-P