[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30962-30963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11481]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Review)]


Fresh Market Tomatoes From Mexico

AGENCY: International Trade Commission.

ACTION: Scheduling of a full five-year review concerning the suspended 
antidumping duty investigation on fresh market tomatoes from Mexico.

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SUMMARY: The Commission hereby gives notice of the scheduling of a full 
review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5)) (the Act) to determine whether termination of the 
suspended antidumping duty investigation on fresh market tomatoes from 
Mexico would be likely to lead to continuation or recurrence of 
material injury within a reasonably foreseeable time. For further 
information concerning the conduct of this review 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, D, E, and F (19 CFR part 207).

EFFECTIVE DATE: May 2, 2002.

[[Page 30963]]


FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
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

    On January 4, 2002, the Commission determined that responses to its 
notice of institution of the subject five-year review were such that a 
full review pursuant to section 751(c)(5) of the Act should proceed (67 
FR 3229, January 23, 2002). A record of the Commissioners' votes, the 
Commission's statement on adequacy, and any individual Commissioner's 
statements are available from the Office of the Secretary and at the 
Commission's web site.

Participation in the Review 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 this review 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, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
review need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.

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 review available to authorized 
applicants under the APO issued in the review, provided that the 
application is made by 45 days after publication of this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. Sec. 1677(9), who are parties to the review. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the review 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 review will be placed in the 
nonpublic record on July 12, 2002, and a public version will be issued 
thereafter, pursuant to section 207.64 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the review 
beginning at 9:30 a.m. on August 2, 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 July 
29, 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 July 31, 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), 207.24, and 207.66 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 to the review may submit a prehearing brief to the 
Commission. Prehearing briefs must conform with the provisions of 
Sec. 207.65 of the Commission's rules; the deadline for filing is July 
24, 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. 207.67 of the Commission's rules. The deadline for 
filing posthearing briefs is August 13, 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 review may 
submit a written statement of information pertinent to the subject of 
the review on or before August 15, 2002. On September 4, 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 September 6, 2002, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec. 207.68 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 review must be served on 
all other parties to the review (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 review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec. 207.62 of the Commission's rules.

    Issued: May 3, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-11481 Filed 5-7-02; 8:45 am]
BILLING CODE 7020-02-P