[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Notices]
[Pages 59076-59077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23799]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 332-350 and 332-351]


Monitoring of U.S. Imports of Tomatoes; Monitoring of U.S. 
Imports of Peppers

AGENCY: International Trade Commission.

ACTION: Decision concerning whether to publish reports in 2002.

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SUMMARY: The Commission hereby gives notice that it will not publish a 
report on monitoring of U.S. imports of tomatoes in 2002, but will 
publish the results of its monitoring of U.S. imports of peppers, other 
than chili peppers, in November 2002. For further information 
concerning the conduct of these investigations 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 B (19 CFR part 207).

EFFECTIVE DATE: September 12, 2002.

FOR FURTHER INFORMATION CONTACT: Timothy McCarty (202-205-3324, 
[email protected]) or Cathy Jabara (202-205-3309, [email protected]), 
Agriculture and Forest Products Division, Office of Industries, U.S. 
International Trade Commission, 500 E Street, SW, Washington DC, 20436, 
for general information, or William Gearhart (202-205-3091, 
[email protected]), Office of the General Counsel, U.S. International 
Trade Commission, for information on legal aspects. Hearing-impaired 
persons can obtain information on this matter by contacting the 
Commission's TDD terminal on (202) 205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    Section 316 of the North American Free-Trade Agreement 
Implementation Act (NAFTA Implementation Act) (19 U.S.C. 3881), directs 
the Commission to monitor imports of fresh or chilled tomatoes (HTS 
heading 0702.00) and fresh or chilled peppers, other than chili peppers 
(HTS subheading 0709.60.00), until January 1, 2009. As a result of such 
monitoring, the domestic industry producing a like or directly 
competitive perishable agricultural product may request, in a global 
safeguard petition filed under section 202 of the Trade Act of 1974 or 
a bilateral safeguard petition filed under section 302 of the NAFTA 
Implementation Act, that provisional relief be provided pending 
completion of a full section 202 or 302 investigation. If provisional 
relief is requested, the Commission has 21 days in which to make its 
determination and to transmit any provisional relief recommendation to 
the President. In response to the monitoring directive, the Commission 
instituted investigation No. 332-350, Monitoring of U.S. Imports of 
Tomatoes (59 FR 1763) and investigation No. 332-351, Monitoring of U.S. 
Imports of Peppers (59 FR 1762).
    Although section 316 of the NAFTA Implementation Act does not 
require that the Commission publish reports on the results of its 
monitoring activities, the initial notices of investigation for these 
studies indicated that the Commission planned to publish reports on the 
monitoring annually. Subsequently, the Commission has published 
statistical reports in those years in which it was not conducting an 
investigation under other statutory authority with respect to such 
products. The most recent monitoring reports were published in November 
2001. Effective July 30, 2002, the Commission resumed its final 
antidumping investigation on Fresh Tomatoes from Mexico (Inv. No. 731-
TA-747 (Final)). To avoid possible confusion that might result from 
publishing a separate data series on tomatoes, the Commission will not 
publish a monitoring report on tomatoes this year and will revisit the 
issue of publishing both reports in 2003.

Written Submissions

    The Commission does not plan to hold a public hearing in connection 
with preparation of the 2002 statistical report on peppers. However, 
interested persons are invited to submit written statements concerning 
the matters to be addressed in the report. Commercial or financial 
information which a submitter desires the Commission to treat as 
confidential must be provided on separate sheets of paper, each clearly 
marked ``Confidential Business Information'' at the top. All 
submissions requesting confidential treatment must conform with the 
requirements of section 201.6 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.6). All written submissions, except for 
confidential business information, will be made available in the Office 
of the Secretary of the Commission for inspection by interested 
persons. The Commission will not include any confidential business 
information in its monitoring report, but may include such information 
in a report to the President under section 202 or 302 if a request for 
such an investigation were received. To be assured of consideration by 
the Commission, written statements relating to the Commission's report 
should be submitted to the Commission in accordance with section 201.8 
of the Commission's rules at the earliest practical date and should be 
received no later than the close of business on October 3, 2002. All 
submissions should be addressed to the Secretary, United States 
International Trade Commission, 500 E Street SW., Washington, DC 20436.


[[Page 59077]]


    Issued: September 13, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-23799 Filed 9-18-02; 8:45 am]
BILLING CODE 7020-02-P