[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Notices]
[Page 44366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19126]


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INTERNATIONAL TRADE COMMISSION

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


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

AGENCY: International Trade Commission.

ACTION: Publication of monitoring reports in 2003.

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SUMMARY: The Commission hereby gives notice of its intention to publish 
the results of its monitoring of U.S. imports of tomatoes and U.S. 
imports of peppers, other than chili peppers, in November 2003.
    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: July 21, 2003.

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 institution of these 
investigations 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 for tomatoes and in November 2002 for peppers.
    Written submissions.--The Commission does not plan to hold a public 
hearing in connection with preparation of the 2003 statistical reports. 
However, interested persons are invited to submit written statements 
concerning the matters to be addressed in the reports. 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 Sec.  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 Sec.  201.8 of 
the Commission's rules at the earliest practical date and should be 
received no later than the close of business on August 13, 2003. All 
submissions should be addressed to the Secretary, United States 
International Trade Commission, 500 E Street SW., Washington, DC 20436.

    By order of the Commission.

    Issued: July 22, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-19126 Filed 7-25-03; 8:45 am]
BILLING CODE 7020-02-P