[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Notices]
[Pages 60256-60257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24335]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-430 and 731-TA-1019 (Preliminary)]


Durum and Hard Red Spring Wheat From Canada

AGENCY: International Trade Commission.

ACTION: Institution of countervailing duty and antidumping 
investigations and scheduling of preliminary phase investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty investigation No. 701-TA-430 (Preliminary) and antidumping 
investigation No. 731-TA-1019 (Preliminary) under sections 703(a) and 
733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the 
Act) to determine whether there is a reasonable indication that 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 imports from Canada of 
durum and hard red spring wheat, provided for in subheadings 
1001.10.00, 1001.90.10, and 1001.90.20 of the Harmonized Tariff 
Schedule of the United States that are allegedly subsidized by the 
Government of Canada and the Canadian Wheat Board and sold in the 
United States at less than fair value. Unless the Department of 
Commerce extends the time for initiation pursuant to sections 
702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) and 
1673a(c)(1)(B)), the Commission must reach preliminary determinations 
in countervailing duty and antidumping investigations in 45 days, or in 
this case by October 28, 2002. The Commission's views are due at 
Commerce within five business days thereafter, or by November 4, 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 13, 2002.

FOR FURTHER INFORMATION CONTACT: D.J. Na (202-708-4727), 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 these investigations may 
be viewed on the Commission's electronic docket (EDIS-ON-LINE) at 
http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    These investigations are being instituted in response to petitions 
filed on September 13, 2002, by counsel for the North Dakota Wheat 
Commission, Bismarck, ND and the U.S. Durum Growers Association, 
Bismarck, ND.

Participation in the Investigations and Public Service List

    Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission countervailing duty and antidumping 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.

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 these investigations available to 
authorized applicants representing interested parties (as defined in 19 
U.S.C. 1677(9)) who are parties to the investigations under the APO 
issued in the investigations, provided that the application is made not 
later than seven days after the publication of this notice in the 
Federal Register. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

Conference

    The Commission's Director of Operations has scheduled a conference 
in connection with these investigations for 9:30 a.m. on October 4, 
2002, at the U.S. International Trade Commission Building, 500 E Street 
SW., Washington, DC. Parties wishing to participate in the conference 
should contact D.J. Na (202-708-4727) not later than October 1, 2002, 
to arrange for their appearance. Parties in support of the imposition 
of countervailing and antidumping duties in these investigations and 
parties in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.

Written Submissions

    As provided in sections 201.8 and 207.15 of the Commission's rules, 
any person may submit to the Commission on or before October 9, 2002, a 
written brief containing information and arguments pertinent to the 
subject matter of the investigations. Parties may file written 
testimony in connection with their presentation at the conference no 
later than three days before the conference. If briefs or written 
testimony contain BPI, they must conform with the requirements of 
sections 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 sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by

[[Page 60257]]

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 section 207.12 of the Commission's rules.

    Issued: September 20, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-24335 Filed 9-24-02; 8:45 am]
BILLING CODE 7020-02-P