[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Notices]
[Pages 18510-18511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8827]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-67 (Consistency Determination)]


Wheat Gluten: Procedures for Determination Under Section 
129(a)(4) of the URAA

AGENCY: United States International Trade Commission.

ACTION: Procedures relating to determination under section 129(a)(4) of 
the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3538(a)(4)).

-----------------------------------------------------------------------

SUMMARY: The Commission adopted these procedures following receipt on 
April 3, 2001, of a request from the United States Trade Representative 
(USTR) for a determination under section 129(a)(4) of the URAA that 
would render the Commission's action in investigation No. TA-201-67, 
Wheat Gluten, not inconsistent with the findings of the WTO Appellate 
Body in its report entitled ``United States--Definitive Safeguard 
Measures on Imports of Wheat Gluten from the European Communities,'' 
AB-2000-10.

EFFECTIVE DATE: April 9, 2001.

FOR FURTHER INFORMATION CONTACT: Robert Carpenter (202-205-3172), 
Office of Investigations, or John Henderson (202-708-2310), Office of 
the General Counsel, 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 202-205-1820. 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 of 
investigation No. TA-201-67 may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public. The non-confidential versions of any submissions received as 
well as the staff report prepared for this phase of the investigation 
will also be available for viewing as they are received.

SUPPLEMENTAL INFORMATION: Background. On March 18, 1998, the Commission 
transmitted to the President a unanimous affirmative determination and 
remedy recommendation in its investigation under section 202 of the 
Trade Act of 1974 (19 U.S.C. 2252) that wheat gluten is being imported 
into the United States in such increased quantities as to be a 
substantial cause of serious injury to the domestic wheat gluten 
industry (investigation No. TA-201-67, Wheat Gluten, USITC Pub. 3088 
(March 1998)). The President issued Proclamation 7103 and applied a 
safeguard measure on imports of wheat gluten. The European Union 
subsequently requested review under the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes. A WTO Appellate Body 
issued its report on December 22, 2000, and found, inter alia, that the 
action of the Commission in its investigation No. TA-201-67, Wheat 
Gluten, is not in conformity with the obligations of the United States 
under the WTO Agreement on Safeguards. The Appellate Body made three 
findings in this regard, which it set out in paragraphs 80 through 92, 
93 through 100, and 156 through 163, of its report.
    The USTR transmitted his request for this determination following 
receipt from the Commission on March 22, 2001, of an advisory report 
under section 129(a)(1) stating that the Commission has concluded that 
title II of the Trade Act of 1974 permits it to take steps in 
connection with its action in Investigation No. TA-201-67, Wheat 
Gluten, that would render its action in that proceeding not 
inconsistent with the findings of the Appellate Body.

Participation in the Investigation and Service List

    Persons wishing to participate in this phase of 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 (19 
CFR 201.11), not later than April 13, 2001. The Secretary will prepare 
a service list containing the names and addresses of all persons, or 
their representatives, who are parties in this phase of the 
investigation upon the expiration of the period for filing entries of 
appearance. Notwithstanding section 201.16 of the Commission's rules, 
written submissions provided for below filed by the parties shall be 
served by hand or by overnight mail or its equivalent.

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

    Because all parties receiving CBI under the APO in the original 
investigation were required to return or destroy all CBI received under 
the APO, parties wishing to receive CBI under an APO in this phase of 
the investigation must file a new application. Pursuant to section 
206.17 of the Commission's rules, the Secretary will make CBI which was 
gathered during the original investigation (No. TA-201-67) available to 
authorized applicants under the APO issued in this phase of the 
investigation, provided that the application is made not later than 
April 13, 2001. A separate service list will be maintained by the 
Secretary for those parties authorized to receive CBI under the APO. By 
the close of business April 16, 2001, the Secretary will make available 
to authorized parties a copy of the confidential version of the record 
of the original investigation (No. TA-201-67) and a copy of the staff 
report for this phase of the investigation.

Written Comments

    Parties wishing to file written comments with the Commission in 
connection with this determination must file such comments with the 
Secretary to the Commission not later than the close of business April 
23, 2001. Any responses to such comments must be filed with the 
Secretary not later than the close of business April 30, 2001. Comments 
by parties shall not exceed 40 pages double-spaced, and responses shall 
not exceed 20 pages double-spaced, excluding exhibits; exhibits shall 
not contain any argumentation. Non-parties may file a single set of 
comments with the Secretary not later than the close of business April 
23, 2001, which shall not exceed 10 pages double-spaced. All comments 
shall be limited solely to information in the record of the original 
investigation (No. TA-201-67), and may include comments regarding the 
Commission's conclusion in the advisory report under section 129(a)(1). 
All written comments must conform with the provisions of section 201.8 
of the Commission's rules (19 CFR 201.8); any comments 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 the filing of submissions with the 
Secretary by facsimile or electronic means. The Commission will not 
hold a public

[[Page 18511]]

hearing in connection with this determination.

    Issued: April 5, 2001.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-8827 Filed 4-6-01; 8:45 am]
BILLING CODE 7020-02-P