[Federal Register Volume 68, Number 205 (Thursday, October 23, 2003)]
[Notices]
[Pages 60641-60642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26796]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-847]


Notice of Antidumping Duty Order: Hard Red Spring Wheat From 
Canada

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

ACTION: Notice of antidumping duty order.

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EFFECTIVE DATE: October 23, 2003.

FOR FURTHER INFORMATION CONTACT: Julie Santoboni or Cole Kyle, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-4194 or (202) 482-1503, respectively.

Scope of Order

    For purposes of this order, the products covered are all varieties 
of hard red spring (``HRS'') wheat from Canada. This includes, but is 
not limited to, varieties commonly referred to as Canada Western Red 
Spring, Canada Western Extra Strong, and Canada Prairie Spring Red. The 
merchandise subject to this investigation is currently classifiable 
under the following Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 1001.90.10.00, 1001.90.20.05, 1001.90.20.11, 
1001.90.20.12, 1001.90.20.13, 1001.90.20.14, 1001.90.20.16, 
1001.90.20.19, 1001.90.20.21, 1001.90.20.22, 1001.90.20.23, 
1001.90.20.24, 1001.90.20.26, 1001.90.20.29, 1001.90.20.35, and 
1001.90.20.96. This investigation does not cover imports of wheat that 
enter under the subheadings 1001.90.10.00 and 1001.90.20.96 that are 
not classifiable as hard red spring wheat. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this proceeding is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''), the Department of Commerce (``the Department'') 
published its final determination that HRS wheat from Canada is being 
sold in the United States at less than fair value. See Notice of Final 
Determinations of Sales at Less Than Fair Value: Certain Durum and Hard 
Red Spring Wheat from Canada, 68 FR 52741 (September 5, 2003). 
Subsequently, the Department amended its final determination of the 
antidumping duty investigation of HRS wheat from Canada to correct 
certain ministerial errors in the final margin calculation. See Notice 
of Amended Final Determination of Sales at Less Than Fair Value: Hard 
Red Spring Wheat from Canada, 68 FR 57666 (October 6, 2003). On October 
16, 2003, the International Trade Commission notified the Department of 
its final determination pursuant to section 735(b)(1)(A)(i) of the Act 
that an industry in the United States is materially injured by reason 
of less-than-fair-value imports of subject merchandise from Canada.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further advice by the Department,

[[Page 60642]]

antidumping duties equal to the amount by which the normal value of the 
subject merchandise exceeds the export price of the subject merchandise 
for all relevant entries of HRS wheat from Canada. These antidumping 
duties will be assessed on (1) all unliquidated entries of the subject 
merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after May 8, 2003, the date of publication of the 
Department's preliminary determination in the Federal Register\1\ and 
before October 12, 2003, the date on which the Department is required 
pursuant to section 733(d)(3) of the Act to terminate the suspension of 
liquidation; and (2) on all subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the ITC's notice of final determination in the Federal Register.
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    \1\ Notice of Preliminary Determinations of Sales at Less Than 
Fair Value: Certain Durum Wheat and Hard Red Spring Wheat From 
Canada, 68 FR 24707 (May 8, 2003).
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    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP officers must require, at 
the same time as importers would normally deposit estimated duties, a 
cash deposit equal to the estimated weighted-average antidumping duty 
margins as noted below. The ``All Others'' rate applies to all 
exporters of subject merchandise not specifically listed. The weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Amended
                                                              weighted-
                   Exporter/manufacturer                       average
                                                                margin
                                                              percentage
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Canadian Wheat Board.......................................         8.86
All Others.................................................         8.86
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    This notice constitutes the antidumping duty order with respect to 
HRS wheat from Canada, pursuant to section 736(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the main Commerce building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: October 17, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-26796 Filed 10-22-03; 8:45 am]
BILLING CODE 3510-DS-P