[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Notices]
[Pages 72918-72919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31033]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-846, C-122-848]


Certain Durum Wheat and Hard Red Spring Wheat: Extension of Time 
Limit for Preliminary Determinations in Countervailing Duty 
Investigations

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

ACTION: Notice of extension of time limit for preliminary 
determinations in countervailing duty investigations.

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SUMMARY: The Department of Commerce is extending the time limit of the 
preliminary determinations in the countervailing duty (``CVD'') 
investigations of certain durum wheat and hard red spring wheat from 
December 27, 2002 until no later than March 3, 2003. This extension is 
made pursuant to section 703(c)(1)(B) of the Tariff Act of 1930, as 
amended (``The Act'').

EFFECTIVE DATE: December 9, 2002.

FOR FURTHER INFORMATION CONTACT: Craig Matney, Stephen Cho, or Audrey 
Twyman, at (202) 482-1778, (202) 482-3798, (202) 482-3534, 
respectively, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Extension of Due Date for Preliminary Determinations

    On October 23, 2002, the Department of Commerce (``the 
Department'') initiated the CVD investigations of certain durum wheat 
and hard red spring wheat from Canada. See Notice of Initiation of 
Countervailing Duty Investigations: Certain Durum Wheat and Hard Red 
Spring Wheat, 67 FR 65951 (October 29, 2002). Currently, the 
preliminary determinations are due no later than December 27, 2002. 
However, pursuant to section 703(c)(1)(B) of the Act, we have 
determined that these investigations are ``extraordinarily 
complicated'' and are, therefore, extending the due date for the 
preliminary determinations by 65 days to no later than March 3, 2003.
    Under section 703(c)(1)(B), the Department can extend the period 
for reaching a preliminary determination until not later than the 130th 
day after the date on which the administering authority initiates an 
investigation if:

    (B) the administering authority concludes that the parties 
concerned are cooperating and determines that
    (i) the case is extraordinarily complicated by reason of
    (I) the number and complexity of the alleged countervailable 
subsidy practices;
    (II) the novelty of the issues presented;
    (III) the need to determine the extent to which particular 
countervailable subsidies are used by individual manufacturers, 
producers, and exporters; or
    (IV) the number of firms whose activities must be investigated; 
and
    (ii) additional time is necessary to make the preliminary 
determination.

    Regarding the first requirement, we find that in both 
investigations all concerned parties are cooperating. Regarding the 
second requirement that the investigations be extraordinarily 
complicated, it is the Department's position that the appropriate 
criterion for analysis is not the number of programs in question, but 
rather, the specific transactions, applied under those programs, which 
are numerous and appropriately categorized as ``practices.'' With 
respect to the issue of the complexity of the practice, these practices 
are complex in nature as reflected in the extensive analysis required 
to address these subsidies. Furthermore, the practices present novel 
issues. Finally, additional time is necessary to make the preliminary 
determinations.
    For a number of the programs in both investigations, the Department 
will be required to examine complicated circumstances and documents 
from a number of private-sector and government parties to determine 
whether the Government of Canada (``GOC'') or provincial governments 
entrusted or directed private parties to provide subsidies to the 
Canadian Wheat Board (``CWB''). For example, the Department must 
analyze complicated systems used to determine whether the revenue cap 
system imposed by the GOC on the railroads for transporting grain 
provides a benefit to the CWB. In addition, the Department will be 
required to examine in detail the financial records of the CWB and the 
GOC to determine whether or not the CWB received a countervailable 
subsidy by virtue of a GOC guarantee on its lending and borrowing. 
Lastly, the respondents have requested an extension of time to respond 
to the Department's questionnaire because the subsidies alleged ``focus 
on extraordinarily complicated transportation systems. Information 
pertaining to these systems is held by many different private sector 
parties, governments, and government agencies, with no one entity 
possessing full knowledge of all aspects of the system.'' See November 
22, 2002, submission from the GOC at page 2. The responses

[[Page 72919]]

to the questionnaire will require complicated analysis and will be 
necessary for the Department to make its preliminary determinations.
    Accordingly, we conclude that the concerned parties are 
cooperating, we deem these investigations to be extraordinarily 
complicated, and we determine that additional time is necessary to make 
the preliminary determinations. Therefore, pursuant to section 
703(c)(1)(B) of the Act, we are postponing the preliminary 
determinations in these investigations to March 3, 2003.
    This notice is published pursuant to section 703(c)(2) of the Act.

    Dated: December 3, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-31033 Filed 12-6-02; 8:45 am]
BILLING CODE 3510-DS-P