[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Notices]
[Pages 67364-67365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25496]


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INTERNATIONAL TRADE COMMISSION

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


Live Swine From Canada

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-438 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation No. 731-TA-
1076 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to 
determine whether 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 
less-than-fair-value and allegedly subsidized 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 (HTS).\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as all live swine from 
Canada except breeding swine. Live swine are defined as four-legged, 
monogastric (single-chambered stomach), and litter-bearing (litters 
typically range from 8 to 12 animals), of the species sus scrofa 
domesticus. This merchandise is currently provided for in HTS 
statistical reporting numbers 0103.91.0010, 0103.91.0020, 
0103.91.0030, 0103.92.0010, and 0103.92.0090.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, 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 C 
(19 CFR part 207).

DATES: Effective October 20, 2004.

FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-205-3188), 
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://

[[Page 67365]]

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. The final phase of these 
investigations is being scheduled as a result of an affirmative 
preliminary determination by the Department of Commerce that live swine 
are being sold in the United States at less than fair value within the 
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in a petition filed on March 5, 2004, by the National 
Pork Producers Council and numerous state associations and individual 
pork producers.
    Although the Department of Commerce has preliminarily determined 
that imports of live swine from Canada are not being and are not likely 
to be subsidized, for purposes of efficiency the Commission hereby 
waives rule 207.21(b) \2\ so that the final phase of the investigations 
may proceed concurrently in the event that Commerce makes a final 
affirmative determination with respect to such imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    Participation in the investigations and public service list. 
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in the final phase of these investigations available to 
authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report. The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
22, 2005, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on March 8, 
2005, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before February 25, 2005. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on March 2, 2005, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions. Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is March 1, 2005. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is March 15, 2005; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before March 15, 2005. On March 30, 2005, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before April 1, 2005, but such final 
comments must not contain new factual information and must otherwise 
comply with section 207.30 of the Commission's rules. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of sections 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 section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
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 section 207.21 of the Commission's rules.

    Issued: November 12, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-25496 Filed 11-16-04; 8:45 am]
BILLING CODE 7020-02-P