[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50408-50409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21692]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Fourth Review)]


Fresh Tomatoes From Mexico; Notice of Commission To Schedule and 
Determination To Conduct a Full Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it will proceed with a 
full review pursuant to the Tariff Act of 1930 to determine whether 
revocation of the suspension agreement of the antidumping duty order on 
fresh tomatoes from Mexico would be likely to lead to continuation or 
recurrence of material injury within a reasonably foreseeable time. The 
Commission also hereby gives notice of the scheduling of a full review 
pursuant to the Tariff Act of 1930. The Commission has determined to 
exercise its authority to extend the review period by up to 90 days.

DATES: October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Amelia Shister ((202) 205-2047), 
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 (https://www.usitc.gov). The public record for this 
review may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On May 7, 2018, the Commission determined that it 
should proceed to a full review in the subject five-year review 
pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)). The Commission found that both the domestic and respondent 
interested party group responses to its notice of institution (83 FR 
4676, February 1, 2018) were adequate. The Commission also found that 
other circumstances warranted conducting a full review. Accordingly, a 
full review is being scheduled pursuant to section 751(c)(5) of the 
Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A record of the 
Commissioners' 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 website.
    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.
    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 and B (19 CFR part 201), 
and part 207, subparts A, D, E, and F (19 CFR part 207).
    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 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 January 18, 2019, 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 Thursday, February 7, 2019, 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 January 31, 2019. 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 participate in 
a prehearing conference to be held on February 6, 2019, at the U.S. 
International Trade Commission Building, if deemed necessary. 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 business 
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 January 29, 2019. 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 
February 19, 2019.

[[Page 50409]]

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 February 19, 2019. On March 15, 
2019, 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 March 19, 2019, 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 Handbook on E-Filing, 
available on the Commission's website at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    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.
    The Commission has determined that these reviews are 
extraordinarily complicated and therefore has determined to exercise 
its authority to extend the review period by up to 90 days pursuant to 
19 U.S.C. 1675(c)(5)(B).

    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: October 1, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21692 Filed 10-4-18; 8:45 am]
 BILLING CODE 7020-02-P