[Federal Register Volume 69, Number 51 (Tuesday, March 16, 2004)]
[Notices]
[Pages 12347-12348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5837]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-438 (Preliminary) and 731-TA-1076 
(Preliminary)]


Live Swine From Canada

AGENCY: United States International Trade Commission.

ACTION: Institution of countervailing duty and antidumping 
investigations and scheduling of preliminary phase investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty and antidumping investigations Nos. 701-TA-438 (Preliminary) and 
731-TA-1076 (Preliminary) under sections 703(a) and 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to 
determine whether there is a reasonable indication that an industry in 
the United States is materially injured or threatened with material 
injury, or the establishment of an industry in the United States is 
materially retarded, by reason of imports from Canada of live swine,\1\ 
provided for in subheading 0103.91.00 and 0103.92.00 of the Harmonized 
Tariff Schedule of the United States, that are alleged to be subsidized 
by federal and provincial governments in Canada and sold in the United 
States at less than fair value. Unless the Department of Commerce 
extends the time for initiation pursuant to sections 702(c)(1)(B) and 
732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) and 1673a(c)(1)(B)), 
the Commission must reach preliminary determinations in countervailing 
duty and antidumping investigations in 45 days, or in this case by 
April 19, 2004. The Commission's views are due at Commerce within five 
business days thereafter, or by April 26, 2004.
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    \1\ Excluded from the scope of the investigations is U.S. 
Department of Agriculture certified purebred breeding swine.
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    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: March 5, 2004.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. These investigations are being instituted in response 
to a petition filed on March 5, 2004, by the National Pork Producers 
Council, the Arizona Pork Council, Georgia Pork Producers Association, 
Idaho Pork Producers Association, Illinois Pork Producers Association, 
Indiana Pork Producers Council, Iowa Pork Producers Association, 
Kentucky Pork Producers Association, Michigan Pork Producers 
Association, Minnesota Pork Producers Association, Missouri Pork 
Association, Montana Pork Producers Council, Nebraska Pork Producers 
Association,

[[Page 12348]]

New York Pork Producers Inc., North Carolina Pork Council, Ohio Pork 
Producers Council, Pennsylvania Pork Producers Council, South Dakota 
Pork Producers Council, Tennessee Pork Producers Association, Texas 
Pork Producers Association, and the Wisconsin Pork Association, as well 
as a substantial number of individual producers.
    Participation in the investigations and public service list. 
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. Sec.  201.11 and 
207.10 of the Commission's rules, not later than seven days after 
publication of this notice in the Federal Register. 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 countervailing duty and antidumping 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to Sec.  207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in these investigations available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. 1677(9)) who 
are parties to the investigations under the APO issued in the 
investigations, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference. The Commission's Director of Operations has scheduled a 
conference in connection with these investigations for 9:30 a.m. on 
March 26, 2004, at the U.S. International Trade Commission Building, 
500 E Street SW., Washington, DC. Parties wishing to participate in the 
conference should contact Elizabeth Haines (202-205-3200) not later 
than March 22, 2004, to arrange for their appearance. Parties in 
support of the imposition of countervailing and antidumping duties in 
these investigations and parties in opposition to the imposition of 
such duties will each be collectively allocated one hour within which 
to make an oral presentation at the conference. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the conference.
    Written submissions. As provided in Sec. Sec.  201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before March 31, 2004, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference no later than three days before the 
conference. If briefs or written testimony contain BPI, they must 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by Sec.  201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002).
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the rules, 
each document filed by a party to the investigations must be served on 
all other parties to the investigations (as identified by either the 
public or BPI service list), and a certificate of service must be 
timely filed. The Secretary will not accept a document for filing 
without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.12 of the Commission's rules.

    By order of the Commission.

    Issued: March 10, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-5837 Filed 3-15-04; 8:45 am]
BILLING CODE 7020-02-P