[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Notices]
[Pages 64589-64591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28662]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-813]


Notice of Request for Information and Extension of Time for 
Initiation: Antidumping Duty Petition on Certain Processed Hazelnuts 
from Turkey

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

EFFECTIVE DATE: November 14, 2003.

FOR FURTHER INFORMATION CONTACT: Michael Ferrier at (202) 482-1394 or 
Ann Barnett-Dahl at (202) 482-3833, Fax: (202) 482-0613, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230. In addition, inquiries regarding any information on this notice 
may be sent via email to the following address: [email protected] or [email protected].

The Petition

    On October 21, 2003, the Department of Commerce (``Department'') 
received an antidumping duty petition (``Petition'') filed in proper 
form by Westnut LLC, Northwest Hazelnut Company, Hazelnut Growers of 
Oregon, Williamette Filbert Growers, Evergreen Orchards, and Evonuk 
Orchards (collectively, ``Petitioners''). The Petitioners are domestic 
producers of processed hazelnuts.

Scope of the Petition

    The scope of this Petition covers certain processed hazelnuts, 
including kernels, and kernels that have been roasted, blanched, 
sliced, diced, chopped, or in the following other forms: paste, meal, 
flour, croquant, and

[[Page 64590]]

butter. Harmonized Tariff Schedule of the United States (``HTS'') 
categories 0802.22 and 2008.19.20 should cover these imports. Although 
the HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the merchandise is dispositive. 
In-shell hazelnuts are excluded from this scope.

Domestic Like Product

    The Petitioners maintain that, pursuant to section 771(10) of the 
Tariff Act of 1930, as amended (``the Act''), the product that is, 
``like, or in the absence of like, most similar in characteristics and 
uses'' with the article subject to the Petition for an antidumping duty 
investigation is processed hazelnuts.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that the Department's industry support determination, which is 
to be made before the initiation of the investigation, be based on 
whether a minimum percentage of the relevant industry supports the 
petition. A petition meets this requirement if the domestic producers 
or workers who support the petition account for: (i) At least 25 
percent of the total production of the domestic like product; and (ii) 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act 
provides that, if the petition does not establish support of domestic 
producers or workers accounting for more than 50 percent of the total 
production of the domestic like product, the Department shall: (i) poll 
the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A), or 
(ii) determine industry support using a statistically valid sampling 
method to poll the industry.

Request for Information

    Because the Department has been unable to locate a reliable source 
of information upon which to rely for purposes of determining industry 
support, we are now requesting additional information.
    In accordance with section 732(c)(4)(D) of the Act and in order to 
determine whether the petition establishes support of domestic 
producers or workers accounting for more than 50 percent of the total 
production of the domestic like product, we are hereby requesting that 
all domestic producers/manufacturers of processed hazelnuts submit 
responses to the Department on company letterhead. These questions are 
attached as an Appendix to this notice. The questions attached to this 
notice are also on file in B-099 of the Commerce Department's building 
at 14th St. and Constitution Ave., NW., Washington DC. In addition, a 
complete version of the questions and this notice can be accessed 
directly on the World Wide Web at http://www.ia.ita.doc.gov.

Filing Requirements

    Given the very short period in which we must determine industry 
support, the number of potential responses, and the fact that industry 
support may not be re-examined after initiation, we are waiving the 
filing requirements set forth in 19 CFR 351.303 for certain parties 
submitting information on industry support. This waiver of the filing 
requirements will not apply to: (1) the submission of documents that 
are not in response to the information requested in this notice, or (2) 
parties that are familiar with the conduct of antidumping and 
countervailing proceedings through prior involvement in such 
proceedings (e.g., parties represented by law firms that are involved 
in other AD/CVD cases).
    This limited waiver is applicable only until November 20, 2003, the 
deadline for submitting the information requested in this notice. This 
waiver is intended to expedite the receipt of information that is 
essential to our analysis of industry support by providing information 
on the production of the domestic like product by petitioning and non-
petitioning companies. By avoiding delays in the receipt of such 
information, we will have more time to analyze whether the statutory 
requirements concerning industry support for the above-referenced 
petitions have been met.
    All parties submitting any information must include the following 
statement in their response: ``I, (name and title), currently employed 
by (person), certify that (1) I have read the attached submission, and 
(2) based on the information made available to me by (person), I have 
no reason to believe that this submission contains any material 
misrepresentation or omission of fact.'' In addition, note that all 
proprietary documents received by the Department in response to this 
notice will be served to those individuals with access to business 
proprietary information under the Administrative Protective Order 
(``APO''). All company names will be treated as public information. All 
public documents may be made available to those parties on the public 
service list. The APO service lists and the public service lists are 
available on Import Administration's Web site: http://www.ia.ita.doc.gov.
    Therefore, information submitted to the Department in response to 
this notice should be faxed to the following number: 202-482-0613. All 
information received by the Department will be treated as proprietary 
information as outlined under our regulations (19 CFR 351.304-306), 
unless otherwise noted in the response. Furthermore, all such 
information will be placed on the official record of the proceeding. 
Responses to this notice are due no later than November 20, 2003. 
Responses after this date may not be reviewed by the Department and 
therefore, not included in the analysis.

Extension of Time

    Section 732(c)(1)(A)(ii) of the Act provides that within 20 days of 
the filing of an antidumping duty petition, the Department will 
determine, inter alia, whether the petition has been filed by or on 
behalf of the U.S. industry producing the domestic like product. 
Section 732(c)(1)(B) provides that the deadline for the initiation 
determination can be extended by 20 days in any case in which the 
Department must ``poll or otherwise determine support for the petition 
by the industry. * * *''
    We will require additional information from the Petitioners and the 
domestic producers of processed hazelnuts in order to make our 
determination regarding industry support and/or time to analyze the 
Petitioners' responses to our requests for information. See Memorandum 
to Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, Group III from Richard O. Weible, Office Director, 
Group III, Office 8 regarding Antidumping Duty Petition on Certain 
Processed Hazelnuts from Turkey: Extension of Deadline for Determining 
Industry Support, dated November 10, 2003. Therefore, it is necessary 
to extend the deadline for decision on initiation for a period not to 
exceed 40 days from the filing of the petition. As a result, the 
initiation determination is now due no later than December 1, 2003.

International Trade Commission Notification

    Because the Department has extended the deadline for the initiation 
determination, the Department will contact the Commission and will make

[[Page 64591]]

this extension notice available to the Commission.

    Dated: November 10, 2003.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration, Group III.

Appendix--Petition on Processed Hazelnuts from Turkey

All of the information you provide on this sheet will be entered on 
the record of this investigation as business proprietary 
information.
    1. Please provide the following information about your company:

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Company name

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Name and title of the company president, director or manager

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Your name and title

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Business address

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Phone number

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Facsimile number

    2. Please check all that apply to describe the business 
activities of your company:

------------------------------------------------------------------------
 
------------------------------------------------------------------
 
Processing of hazelnut kernels...................................  [ball
                                                                     ot]
Importation of hazelnut kernels..................................  [ball
                                                                     ot]
Sales of hazelnut kernels........................................  [ball
                                                                     ot]
Other hazelnut kernel activities (please explain)................  [ball
                                                                     ot]
------------------------------------------------------------------------

    3. If your company imported hazelnut kernels between October 
2002 and September 2003 and sold the imported kernels as is without 
any further processing, please provide the quantity imported in the 
hazelnut kernel equivalent in pounds.

Yes: ------------ (Skip to question 5)
Quantity: ------------ Lbs.
No: ------------ (Please answer question 4)

    4. If your company processed hazelnuts during the period October 
2002 to September 2003, please provide the quantity of hazelnuts 
processed from domestic and imported sources in the hazelnut kernel 
equivalent:

------------------------------------------------------------------------
                                                             Quantity in
                                                Quantity in      lbs.
                Type of product                     lbs.      (Domestic
                                                 (Imports)     Sources)
------------------------------------------------------------------------
Raw or natural................................  ...........  ...........
Shelled.......................................  ...........  ...........
Roasted.......................................  ...........  ...........
Blanched......................................  ...........  ...........
Diced.........................................  ...........  ...........
Sliced........................................  ...........  ...........
Meal..........................................  ...........  ...........
Flour.........................................  ...........  ...........
Butter........................................  ...........  ...........
Paste.........................................  ...........  ...........
Croquant......................................  ...........  ...........
Other (please explain)........................  ...........  ...........
------------------------------------------------------------------------


    Note: Make sure that you report only production quantity of the 
final marketed product. Please make sure that you do not double 
count the quantity of intermediate hazelnut products.

    5. Is your company affiliated with a Turkish producer, 
manufacturer or exporter of hazelnuts?

Yes--------------------------------------------------------------------
No---------------------------------------------------------------------

    6. Does your company (please check one):
A. Support this petition?----------------------------------------------
B. Oppose this petition?-----------------------------------------------
C. Have no opinion?----------------------------------------------------

[FR Doc. 03-28662 Filed 11-13-03; 8:45 am]
BILLING CODE 3510-DS-P