[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Pages 61799-61800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2787]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-848]


Preliminary Results of Countervailing Duty Expedited Review: Hard 
Red Spring Wheat From Canada

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

ACTION: Notice of preliminary results of countervailing duty expedited 
review.

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SUMMARY: The Department of Commerce is conducting an expedited review 
of the countervailing duty order on hard red spring wheat from Canada 
for the period August 1, 2001, through July 31, 2002. The Department 
preliminarily determines that countervailable subsidies were not 
provided to Richelain Farms. Interested parties are invited to comment 
on these preliminary results.

EFFECTIVE DATE: October 21, 2004.

FOR FURTHER INFORMATION CONTACT: Daniel J. Alexy or Stephen Cho, AD/CVD 
Operations Office I, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1540 or (202) 482-3798.

SUPPLEMENTARY INFORMATION: 

Petitioner

    The petitioner is the North Dakota Wheat Commission, one of the 
participating petitioners in the investigation.

Period of Review

    The period of review for this expedited review is the same period 
as the investigation: August 1, 2001, to July 31, 2002, which coincides 
with the fiscal year of the Canadian Wheat Board (``CWB''). See 19 CFR 
351.204(b)(2); 19 CFR 351.214(k)(3)(i).

Background

    On September 5, 2003, the Department of Commerce (``the 
Department'') published the Final Affirmative Countervailing Duty 
Determinations: Certain Durum Wheat and Hard Red Spring Wheat from 
Canada (68 FR 52747), and on October 23, 2003, the Department published 
the countervailing duty order on Hard Red Spring Wheat (``HRSW'') (68 
FR 60642). On November 18, 2003, the Department received a request from 
Richelain Farms (``Richelain'') to conduct an expedited review of the 
HRSW countervailing duty order. Richelain, a company that was not 
selected for individual examination during the investigation, made this 
request pursuant to 19 CFR 351.214(k).
    On December 31, 2003, the Department initiated the expedited 
review. Hard Red Spring Wheat From Canada: Initiation of Expedited 
Review of the Countervailing Duty Order (``Initiation Notice'') (68 FR 
75490). We sent questionnaires to Richelain Farms and the Government of 
Canada on February 13, 2004. We received questionnaire responses from 
Richelain and the Government of Canada on March 25, 2004. On June 3 and 
4, and August 26, 2004, we verified Richelain's questionnaire 
responses. On June 24, 2004, the Department postponed the deadline for 
the preliminary determination. See Hard Red Spring Wheat from Canada: 
Notice of Extension of Time Limit for Countervailing Duty Expedited 
Review, 69 FR 35329.

Scope of Review

    For purposes of this expedited review, the products covered are all 
varieties of hard red spring (``HRSW'') wheat from

[[Page 61800]]

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.

Verification

    In accordance with 19 CFR 351.214(k)(3)(iv), we verified 
information submitted by respondent Richelain. See Verification of 
Richelain Farms in the Countervailing Duty Expedited Review of Hard Red 
Spring Wheat from Canada dated October 8, 2004 (``Verification 
Report''). This verification was concluded on August 26, 2004, in 
Quebec, Canada.

Preliminary Results of Expedited Review

    The Canadian Wheat Board (``CWB'') represents Western Canadian 
wheat producers who want to sell their wheat in the global wheat 
market. The CWB enjoys certain powers and rights similar to those of 
government agencies; under the Canadian Wheat Board Act, the CWB is a 
single-desk seller of all ``Western Division'' grain. According to the 
Canada Transportation Act, ``Western Division'' means the part of 
Canada lying west of the meridian passing through the eastern boundary 
of the City of Thunder Bay, including the whole of the Province of 
Manitoba.
    In the investigation, we determined that the CWB benefitted from 
two countervailable subsidies programs: ``Provision of Government-Owned 
and Leased Railcars'' and ``Comprehensive Financial Risk Coverage: The 
Borrowing, Lending, and Initial Payment Guarantees.'' In its 
questionnaire response, Richelain, which is located in Quebec, reported 
that it never benefitted from the subsidies programs found 
countervailable in the investigation. Furthermore, Richelain reported 
that it has never purchased or exported CWB wheat, and that it has no 
business relationship with the CWB.
    At verification, the Department did not find any evidence that 
Richelain received subsidies from the programs found countervailable in 
the investigation. The Department also found no indication of any 
relationship between Richelain and the CWB, or that Richelain exported 
CWB-sourced wheat to the United States. See Verification Report. 
Accordingly, the Department preliminarily determines that Richelain has 
not benefitted from any of the investigated subsidies.
    In accordance with 19 CFR 351.221(b)(4)(i), the calculated 
individual subsidy rate for Richelain, the only respondent subject to 
this expedited review, is zero. Accordingly, pursuant to 19 CFR 
351.214(k)(3)(iv), we preliminarily determine that Richelain should be 
excluded from the countervailing duty order.

Public Comment

    Pursuant to 19 CFR 351.309, interested parties may submit written 
comments in response to these preliminary results. Case briefs must be 
received by the Department within 30 days after the date of publication 
of this notice, and rebuttal briefs, limited to arguments raised in 
case briefs, must be received no later than five days after the time 
limit for filing case briefs. Parties who submit argument in this 
proceeding are requested to submit with the argument: (1) A statement 
of the issue, and (2) a brief summary of the argument. Case and 
rebuttal briefs must be served on interested parties in accordance with 
19 CFR 351.303(f).
    In accordance with section 774 of the Act, we will hold a public 
hearing, if requested, to afford interested parties an opportunity to 
comment on arguments raised in case or rebuttal briefs. Interested 
parties who wish to request a hearing, or to participate if one is 
requested, must submit a written request to the Assistant Secretary for 
Import Administration, U.S. Department of Commerce, Room 1870, within 
30 days of the date of publication of this notice. See 19 CFR 
351.310(c). Requests should contain (1) the party's name, address, and 
telephone number, (2) the number of participants, and (3) a list of the 
issues to be discussed. At the hearing, each party may make an 
affirmative presentation only on issues raised in that party's case 
brief and may make rebuttal presentations only on arguments included in 
that party's rebuttal brief. See 19 CFR 351.310(c).
    Interested parties that seek access to business proprietary 
information must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305. The 
Department will include the results of its analysis of issues raised in 
any case or rebuttal briefs in the final results of this expedited 
review.
    This expedited review and notice is issued and published in 
accordance with section 751(a)(1) and 777(i)(1) of the Act (19 U.S.C. 
1675(a)(1) and 19 U.S.C. 1677(f)(i)).

    Dated: October 15, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
 [FR Doc. E4-2787 Filed 10-20-04; 8:45 am]
BILLING CODE 3510-DS-P