[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53175-53177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21644]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-622 and 731-TA-1448 (Final)]


Dried Tart Cherries From Turkey; Scheduling of the Final Phase of 
Countervailing Duty and Anti-Dumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-622 and 731-TA-1448 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') 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 imports of dried tart cherries from Turkey, 
provided for in subheadings 0813.40.30, 0813.40.90, 0813.50.00, 
2006.00.20, 2006.00.50, and 2008.60.00 of the Harmonized Tariff 
Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized and sold at 
less-than-fair-value.

DATES: September 27, 2019.

FOR FURTHER INFORMATION CONTACT: Celia Feldpausch 202-205-2387, 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 these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as dried tart cherries, which may also be 
referred to as, e.g., dried sour cherries or dried red tart cherries. 
Dried tart cherries may be processed from any variety of tart cherries. 
Tart cherries are generally classified as Prunus cerasus. Types of tart 
cherries include, but are not limited

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to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and Oblacinska. 
Dried tart cherries are covered by the scope of this investigation 
regardless of the horticulture method through which the cherries were 
produced (e.g., organic or not), whether or not they contain any added 
sugar or other sweetening matter, whether or not they are coated in oil 
or rice flour, whether infused or not infused, and regardless of the 
infusion ingredients, including sugar, sucrose, fruit juice, and any 
other infusion ingredients. The scope includes partially rehydrated 
dried tart cherries that retain the character of dried fruit. The 
subject merchandise covers all shapes, sizes, and colors of dried tart 
cherries, whether pitted or unpitted, and whether whole, chopped, 
minced, crumbled, broken, or otherwise reduced in size. The scope 
covers dried tart cherries in all types of packaging, regardless of the 
size or packaging material.
    Included in the scope of this investigation are dried tart cherries 
that otherwise meet the definition above that are packaged with non-
subject products, including, but not limited to, mixtures of dried 
fruits and mixtures of dried fruits and nuts, where the smallest 
individual packaging unit of any such product contains a majority 
(i.e., 50 percent or more) of dried tart cherries by dry net weight. 
Only the dried tart cherry components of such products are covered by 
this investigation; the scope does not include the non-subject 
components of such products.
    Included in the scope of this investigation are dried tart cherries 
that have been further processed in a third country, including but not 
limited to processing by stabilizing, preserving, sweetening, adding 
oil or syrup, coating, chopping, mincing, crumbling, packaging with 
non-subject products, or other packaging, or any other processing that 
would not otherwise remove the merchandise from the scope of the 
investigation if performed in the country of manufacture of the dried 
tart cherries.
    Excluded from the scope of this investigation are dried tart 
cherries that have been incorporated as an ingredient in finished 
bakery and confectionary items (cakes, cookies, candy, granola bars, 
etc.).
    The subject merchandise is currently classifiable under 
0813.40.3000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The subject merchandise may also enter under subheadings 
0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000, 2006.00.5000, 
and 2008.60.0060. The HTSUS subheadings set forth above are provided 
for convenience and U.S. customs purposes only. The written description 
of the scope is dispositive.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in Turkey of dried tart cherries, and that such products 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) (84 FR 51109 and 84 
FR 51112, September 27, 2019). The investigations were requested in 
petitions filed on April 23, 2019, by the Dried Tart Cherry Trade 
Committee.
    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 and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    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 November 
19, 2019, 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 Tuesday, 
December 3, 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 November 29, 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 December 2, 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), 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 business 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 November 25, 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 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is December 9, 2019. 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 December 9, 2019. On January 6, 2020, the 
Commission will make available to parties all information on which they 
have not had an opportunity to

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comment. Parties may submit final comments on this information on or 
before January 9, 2020, 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 
Handbook on Filing Procedures, available on the Commission's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's procedures with respect to filings.
    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.

    By order of the Commission.

    Issued: October 1, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-21644 Filed 10-3-19; 8:45 am]
 BILLING CODE 7020-02-P