[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Notices]
[Page 57393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22998]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-451-801]


Notice of Initiation of Inquiry Into the Status of Lithuania as a 
Non-Market Economy Country for Purposes of the Antidumping and 
Countervailing Duty Laws Under a Changed Circumstances Review of the 
Solid Urea Order Against Lithuania

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of initiation and request for comments.

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DATES: September 10, 2002.

FOR FURTHER INFORMATION CONTACT: George Smolik, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1843.
SUMMARY: The Department of Commerce is initiating an inquiry into the 
status of Lithuania as a non-market economy country for purposes of the 
antidumping and countervailing duty laws under a changed circumstances 
review of the solid urea order against Lithuania.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act'') are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``Department'') regulations are to 19 CFR part 351 (2002).

Background

    On May 15, 2002, the Department received a letter from the Embassy 
of Lithuania requesting a review of Lithuania's status as a non-market 
economy (``NME'') country. On June 5, 2002, the Government of Lithuania 
submitted a document supporting its request for market economy status. 
On August 20, 2002, the Department received a letter from the Embassy 
of Lithuania requesting that the Department review this issue under a 
changed circumstances review of the solid urea order against Lithuania. 
In response to this latter request, the Department is initiating an 
inquiry into Lithuania's status as an NME in the context of a changed 
circumstances review of the solid urea order against Lithuania pursuant 
to sections 751(b) and 771(18)(C)(ii) of the Act.
    The Department has treated Lithuania as a NME country in all past 
antidumping duty investigations and administrative reviews. See, e.g., 
Urea From the Union of Soviet Socialist Republics; Final Determination 
of Sales at Less Than Fair Value, 52 FR 19557 (May 26, 1987); and, 
Solid Urea from the Union of Soviet Socialist Republics; Transfer of 
the Antidumping Duty Order on Solid Urea From the Union of Soviet 
Socialist Republics to the Commonwealth of Independent States and the 
Baltic States and Opportunity to Comment, 57 FR 28828 (June 29, 1992. A 
designation as a NME remains in effect until it is revoked by the 
Department. See section 771(18)(C)(i) of the Act.

Opportunity for Public Comment

    As part of this inquiry to determine whether to revoke Lithuania's 
NME status, the Department is interested in receiving public comment 
with respect to Lithuania on the factors listed in section 771(18)(B) 
of the Act, which the Department must take into account in making a 
market/non-market economy determination: (i) The extent to which the 
currency of the foreign country is convertible into the currency of 
other countries; (ii) the extent to which wage rates in the foreign 
country are determined by free bargaining between labor and management; 
(iii) the extent to which joint ventures or other investments by firms 
of other foreign countries are permitted in the foreign country; (iv) 
the extent of government ownership or control of the means of 
production; (v) the extent of government control over allocation of 
resources and over price and output decisions of enterprises; and, (vi) 
such other factors as the administering authority considers 
appropriate.

Comments--Deadline, Format, and Number of Copies

    The deadline for submission of comments will be 45 days after the 
date of publication of this notice in the Federal Register. All 
comments should be filed at the Department of Commerce Central Records 
Unit located at the address listed below. Rebuttal comments may be 
submitted up to 30 days after the date initial comments are due. Each 
person submitting comments should include his or her name and address, 
and give reasons for any recommendation. To facilitate their 
consideration by the Department, comments should be submitted in the 
following format: (1) Begin each comment on a separate page; (2) 
concisely state the issue identified and discussed in the comment and 
include any supporting documentation in exhibits or appendices; (3) 
provide a brief summary of the comment (a maximum of 3 sentences) and 
label this section ``summary of comment;'' (4) provide an index or 
table of contents; and (5) include the case number A-451-801 in the top 
right hand corner of the submission. To simplify the processing and 
distribution of comments, the Department requires the submission of 
documents in electronic form accompanied by an original and six copies 
in paper form. We require that documents filed in electronic form be on 
DOS formatted 3.5' diskettes and prepared in either WordPerfect 9 
format or a format that the WordPerfect program can convert and import 
into Word Perfect 9. Please submit comments in separate files on the 
diskette. Comments received on diskette will be made available to the 
public on the Internet at Import Administration's Web site, http://ia.ita.doc.gov. Paper copies will be available for reading and 
photocopying in the Central Records Unit, Room B-099, U.S. Department 
of Commerce, Pennsylvania Avenue and 14th Street, NW., Washington, DC 
20230. Any questions concerning file formatting, document conversion, 
access on the Internet, or other file requirements should be addressed 
to Andrew Lee Beller, Import Administration Webmaster, (202) 482-0866.

Hearing

    After reviewing all comments and rebuttal comments, the Department 
will determine if a public hearing on the NME country issue is 
warranted, if one is requested in the initial or rebuttal comments on 
this issue, and, if so, will announce a place and time for that 
hearing.
    This determination is issued and published in accordance with 
sections 751(b) and 771(18)(C)(ii).

    Dated: August 30, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-22998 Filed 9-9-02; 8:45 am]
BILLING CODE 3510-DS-P