[Federal Register Volume 69, Number 94 (Friday, May 14, 2004)]
[Notices]
[Page 26884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10939]


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INTERNATIONAL TRADE COMMISSION

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


Live Swine From Canada

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to sections 703(a) and 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 1673b(a)) (the 
Act), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports from Canada of 
live swine, provided for in subheadings 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 (LTFV).
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    \1\ The record is defined in Sec.  207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of affirmative preliminary 
determinations in the investigations under sections 703(b) and 733(b) 
of the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections sections 705(a) and 735(a) of the Act. Parties that 
filed entries of appearance in the preliminary phase of the 
investigations need not enter a separate appearance for the final phase 
of the investigations. 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 
antidumping and countervailing duty investigations. The Secretary will 
prepare a public service list containing the names and addresses of all 
persons, or their representatives, who are parties to the 
investigations.

Background

    On March 5, 2004, a petition was filed with the Commission and 
Commerce by the National Pork Producers Council, 8 state associations, 
and 119 individual pork producers, alleging that an industry in the 
United States is materially injured or threatened with material injury 
by reason of subsidized and LTFV imports of live swine from Canada. 
Accordingly, effective March 5, 2004, the Commission instituted 
antidumping and countervailing duty investigations Nos. 701-TA-438 
(Preliminary) and 731-TA-1076 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of March 16, 2004 (69 FR 12347, March 
16, 2004). The conference was held in Washington, DC, on March 26, 
2004, and all persons who requested the opportunity were permitted to 
appear in person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on May 10, 2004. The views 
of the Commission are contained in USITC Publication 3693 (May 2004), 
entitled Live Swine From Canada: Investigations Nos. 701-TA-438 
(Preliminary) and 731-TA-1076 (Preliminary).

    By order of the Commission.

    Issued: May 11, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-10939 Filed 5-13-04; 8:45 am]
BILLING CODE 7020-02-P