[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Notices]
[Pages 57987-57988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28812]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-924 (Final)]


Mussels From Canada

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-924 (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 mussels, provided for in 
subheading 0307.31.00 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``live processed 
blue mussels from Canada. Included in the scope are fresh, live, 
processed blue mussels (mytilus edulis). Processing may include, but 
is not limited to, purging, grading, debearding, picking, inspecting 
and packing. Processed mussels are mussels that are: (1) Free of 
sand or grit, broken product, defective product and beards (byssus 
threads); (2) uniform in size; and (3) packed or ready for packing. 
Mussels that meet the aforementioned characteristics, regardless of 
the methods used to achieve these characteristics, are covered by 
this investigation.''
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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: October 18, 2001.

FOR FURTHER INFORMATION CONTACT: Sioban Maguire (202-708-4721), 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

    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 mussels 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 investigation was requested in a 
petition filed on March 12, 2001, by Great Eastern Mussel Farms, 
Tenants Harbor, ME.

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 Sec. 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 Sec. 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 February 21, 
2002, and a public version will be issued thereafter, pursuant to 
Sec. 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 March 7, 2002, 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 February 27, 2002. 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 March 4, 
2002, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by Secs. 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 Sec. 207.23 of the Commission's rules; the deadline for 
filing is February 28, 2002. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
Sec. 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of Sec. 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is March 14, 2002; 
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 
March 14, 2002. On April 2, 2002, 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 April 4, 2002,

[[Page 57988]]

but such final comments must not contain new factual information and 
must otherwise comply with Sec. 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec. 201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Secs. 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 Secs. 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 Sec. 207.21 of the Commission's rules.

By order of the Commission.
    Issued: November 13, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-28812 Filed 11-16-01; 8:45 am]
BILLING CODE 7020-02-P