[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Notices]
[Page 71589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30444]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-430A and 430B and 731-TA-1019A and 1019B 
(Preliminary) ]1


Durum and Hard Red Spring Wheat From Canada

Determinations
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    \1\ Subsequent to the Commission's institution of these 
investigations, the Department of Commerce (Commerce) initiated 
separate countervailing duty investigations on durum wheat (C-122-
846) and hard red spring wheat (C-122-848), and separate antidumping 
investigations on durum wheat (A-122-845) and hard red spring wheat 
(A-122-847). For consistency, the Commission is further delineating 
its investigation numbers for the duration of the investigations as 
follows: investigations Nos. 701-TA-430A and 731-TA-1019A will cover 
durum wheat and investigations Nos. 701-TA-430B and 731-TA-1019B 
will cover hard red spring wheat.
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    On the basis of the record \2\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines,\3\ pursuant to sections 703(a) and 733(a) of 
the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), 
that there is a reasonable indication that industries in the United 
States are materially injured 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 alleged to be subsidized by the Government of 
Canada and sold in the United States at less than fair value (LTFV).
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    \2\ The record is defined in section 207.2(f) of the 
Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
    \3\ Commissioner Stephen Koplan dissenting.
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from Commerce 
of affirmative preliminary determinations in the investigations under 
sections 703(b) and 733(b) of the Act, or, if the preliminary 
determinations are negative, upon notice of affirmative final 
determinations in those investigations under sections 705(a) and 735(a) 
of the Act. Parties that filed entries of appearance in the preliminary 
phase of the investigations need not enter a separate appearance for 
the final phase of the investigations. 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 antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On September 13, 2002, a petition was filed with the Commission and 
Commerce by the North Dakota Wheat Commission (hard red spring wheat), 
Bismarck, ND; the Durum Growers Trade Action Committee (durum wheat), 
Bismarck, ND; \4\ and the U.S. Durum Growers Association (durum wheat), 
Bismarck, ND, alleging that industries in the United States are 
materially injured and are threatened with material injury by reason of 
subsidized and LTFV imports of durum and hard red spring wheat from 
Canada. Accordingly, effective September 13, 2002, the Commission 
instituted countervailing duty and antidumping duty investigations Nos. 
701-TA-430 and 731-TA-1019 (Preliminary).
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    \4\ In a petition supplement dated September 24, 2002, the 
petitioners informed Commerce that, with respect to the petition on 
durum wheat, the petitioners were replacing the North Dakota Wheat 
Commission with the Durum Growers Trade Action Committee.
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    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of September 25, 2002 (67 FR 60256). The 
conference was held in Washington, DC, on October 4, 2002, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on November 25, 2002.
    The views of the Commission are contained in USITC Publication 3563 
(December 2002), entitled Durum and Hard Red Spring Wheat from Canada: 
Investigations Nos. 701-TA-430A and 430B and 731-TA-1019A and 1019B 
(Preliminary).

    Issued: November 25, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-30444 Filed 11-29-02; 8:45 am]
BILLING CODE 7020-02-P