[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Notices]
[Pages 39333-39334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13397]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-377 (Second Review)]


Internal Combustion Industrial Forklift Trucks From Japan

AGENCY: United States International Trade Commission.

ACTION: Scheduling of a full five-year review concerning the 
antidumping duty order on internal combustion industrial forklift 
trucks from Japan.

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SUMMARY: The Commission hereby gives notice of the scheduling of a full 
review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the 
antidumping duty order on internal combustion industrial forklift 
trucks from Japan would be likely to lead to continuation or recurrence 
of material injury within a reasonably foreseeable time. For further 
information concerning the conduct of this review 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, D, E, and F (19 CFR part 207).

EFFECTIVE DATE: June 29, 2005.

FOR FURTHER INFORMATION CONTACT: Cynthia Trainor (202-205-3354), 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 this 
review may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. On June 6, 2005, the Commission determined that 
responses to its notice of institution of the subject five-year review 
were such that a full review pursuant to section 751(c)(5) of the Act 
should proceed (70 F.R. 36657, June 24, 2005). A record of the 
Commissioner's votes, the Commission's statement on adequacy, and any 
individual Commissioner's statements are available from the Office of 
the Secretary and at the Commission's web site.
    Participation in the review 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 this review 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, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
review need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.
    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 this review available to authorized applicants under 
the APO issued in the review, provided that the application is made by 
45 days after publication of this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the review. A party granted access to

[[Page 39334]]

BPI following publication of the Commission's notice of institution of 
the review 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 review will be 
placed in the nonpublic record on October 12, 2005, and a public 
version will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
review beginning at 9:30 a.m. on November 1, 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 October 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 October 27, 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), 207.24, and 207.66 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 to the review may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is October 21, 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 207.67 of the 
Commission's rules. The deadline for filing posthearing briefs is 
November 10, 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 review may submit a written statement of 
information pertinent to the subject of the review on or before 
November 10, 2005. On December 7, 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 December 9, 2005, but such final comments must 
not contain new factual information and must otherwise comply with 
section 207.68 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). Even where electronic filing 
of a document is permitted, certain documents must also be filed in 
paper form, as specified in II (C) of the Commission's Handbook on 
Electronic Filing Procedures, 67 FR 68168, 68173 (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 review must be served on 
all other parties to the review (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: This review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: July 1, 2005.
Marilyn R. Abbot,
Secretary to the Commission.
[FR Doc. 05-13397 Filed 7-6-05; 8:45 am]
BILLING CODE 7020-02-M