[Federal Register Volume 67, Number 22 (Friday, February 1, 2002)]
[Notices]
[Pages 4994-4995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2461]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-416 (Final) and 731-TA-948 (Final)]


Individually Quick Frozen Red Raspberries From Chile

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-416 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation No. 731-TA-
948 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) 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 
subsidized and less-than-fair-value imports from Chile of individually 
quick frozen (``IQF'') red raspberries, provided for in subheading 
0811.20.20 of the Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as individually quick 
frozen whole or broken red raspberries from Chile, with or without 
the addition of sugar or syrup, regardless of variety, grade, size, 
or horticulture method (e.g., organic or not), the size of the 
container in which packed, or the method of packing. Excluded from 
the imported products subject to these investigations are fresh red 
raspberries and block frozen red raspberries (i.e., puree, straight 
pack, juice stock, and juice concentrate).
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    For further information concerning the conduct of this phase of the 
investigations, 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: December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187), 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 these investigations is being scheduled as a 
result of an affirmative preliminary determination by the Department of 
Commerce that such products are being sold in the

[[Page 4995]]

United States at less than fair value within the meaning of section 733 
of the Act (19 U.S.C. 1673b). (Commerce made a negative preliminary 
determination concerning whether certain benefits which constitute 
subsidies within the meaning of section 703 of the Act (19 U.S.C. 
1671b) are being provided to manufacturers, producers, or exporters in 
Chile of IQF red raspberries.) The investigations were requested in a 
petition filed on May 31, 2001, by the IQF Red Raspberry Fair Trade 
Committee, Washington, DC.

Participation in the Investigations 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 these 
investigations 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 investigations 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 
investigations.

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 these investigations 
available to authorized applicants under the APO issued in the 
investigations, 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 investigations. A party granted access 
to BPI in the preliminary phase of the investigations 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 these 
investigations will be placed in the nonpublic record on May 9, 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 these investigations beginning at 9:30 a.m. on May 23, 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 May 13, 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 May 15, 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 May 16, 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 May 31, 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 investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
May 31, 2002. On June 13, 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 June 17, 2002, 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 investigations must be 
served on all other parties to the investigations (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: These investigations are 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: January 28, 2002.
Marilyn R. Abbott,
Acting Secretary.
[FR Doc. 02-2461 Filed 1-31-02; 8:45 am]
BILLING CODE 7020-02-P