[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Pages 44061-44062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16869]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

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


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

AGENCY: United States International Trade Commission.

ACTION: Notice of opportunity to submit information for 2004 monitoring 
reports and notice that future reports will be made available only in 
electronic format.

-----------------------------------------------------------------------

SUMMARY: Pursuant to statute (see below), the Commission monitors U.S. 
imports of fresh or chilled tomatoes and fresh or chilled peppers, and 
gathers data on such imports. The Commission has made this data series 
available to the public on an annual basis. The Commission is in the 
process of preparing its data series for the period ending June 30, 
2004, and is seeking input from interested members of the public for 
the reports it plans to publish in November. The Commission is also 
giving notice that, beginning with the November 2004 reports, it will 
make such reports available only in electronic format, posted on the 
Commission's Web site.
    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).

DATES: Effective Date: July 15, 2004.

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)) requires that the Commission monitor U.S. 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, for purposes of expediting an investigation concerning 
provisional relief under section 202 of the Trade Act of 1974. It does 
not require that the Commission publish reports on this monitoring 
activity or otherwise make the information available to the public. 
However, the Commission maintains current data files on tomatoes and 
peppers in order to conduct an expedited 21-day investigation should a 
request be received.\1\ 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).
---------------------------------------------------------------------------

    \1\ 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 decision and to transmit any provisional relief 
recommendation to the President.
---------------------------------------------------------------------------

    Under this proposal, data files will be stored electronically and 
will be maintained and made available to the public on the Commission's 
Web site until one year after the monitoring requirement expires on 
January 1, 2009. The most recent monitoring reports were published in 
November 2003 for tomatoes and peppers.
    Written submissions.--The Commission does not plan to hold a public 
hearing in connection with these investigations. However, interested 
persons are invited to submit written statements concerning the manner 
in which these reports will be made available or 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

[[Page 44062]]

confidential treatment must conform with the requirements of section 
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 reports, 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 reports 
should be submitted to the Commission in accordance with section 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 27, 2003. All 
submissions should be addressed to the Secretary, United States 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. The Commission's rules do not authorize filing submissions with 
the Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8) (see Handbook for Electronic Filing 
Procedures, ftp://ftp.usitc.gov/pub/reports/electronic_filing_handbook.pdf). Person with questions regarding electronic filing should 
contact the Secretary (202-205-2000 or [email protected]).

    Issued: July 20, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-16869 Filed 7-22-04; 8:45 am]
BILLING CODE 7020-02-P