[Federal Register: June 24, 2002 (Volume 67, Number 121)]
[Notices]               
[Page 42581-42582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn02-78]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1010 (Preliminary)]

 
Lawn and Garden Steel Fence Posts From China

Determinations

    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
determines,\2\ pursuant to section 733(a) of the Tariff Act of 1930 (19 
U.S.C. Sec. 1673b(a)) (the Act), that there is a reasonable indication 
that an industry in the United States is materially injured by reason 
of imports from China of U-shaped or hat-shaped lawn and garden fence 
posts made of steel and/or any other metal, weighing one pound or less 
per foot, provided for in subheading 7326.90.85 of the Harmonized 
Tariff Schedule of the United States, that are alleged to be sold in 
the United States at less than fair value (LTFV).
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
    \2\ Vice Chairman Hillman and Commissioner Miller dissenting.
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    On the basis of the record developed in the subject investigation, 
the Commission also determines,\3\ pursuant to section 733(a) of the 
Act, that there is no reasonable indication that an industry in the 
United States is materially injured or threatened with material injury, 
or that the establishment of an industry in the United States is 
materially retarded, by reason of imports from China of other fence 
posts made of steel and/or other metal including tee, farm, and sign 
posts weighing one pound or less per foot, provided for in subheading 
7326.90.85 of the Harmonized Tariff Schedule of the United States, that 
are alleged to be sold in the United States at LTFV.
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    \3\ Commissioner Bragg dissenting.
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Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigation. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce of an affirmative preliminary determination in 
the investigation under section 733(b) of the Act, or, if the 
preliminary determination is negative, upon notice of an affirmative 
final determination in

[[Page 42582]]

that investigation under section 735(a) of the Act. Parties that filed 
entries of appearance in the preliminary phase of the investigation 
need not enter a separate appearance for the final phase of the 
investigation. Industrial users, and, if the merchandise under 
investigation is sold at the retail level, representative consumer 
organizations have the right to appear as parties in Commission 
antidumping and countervailing duty investigations. The Secretary will 
prepare a public service list containing the names and addresses of all 
persons, or their representatives, who are parties to the 
investigation.

Background

    On May 1, 2002, a petition was filed with the Commission and 
Commerce by Steel City Corporation, Youngstown, OH, alleging that an 
industry in the United States is materially injured or threatened with 
material injury by reason of LTFV imports of lawn and garden steel 
fence posts from China. Accordingly, effective May 1, 2002, the 
Commission instituted antidumping duty investigation No. 731-TA-1010 
(Preliminary).
    Notice of the institution of the Commission's investigation and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of May 8 (67 FR 30963, May 8, 2002). The 
conference was held in Washington, DC, on May 22, 2002, and all persons 
who requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on June 17, 2002. The views of the 
Commission are contained in USITC Publication 3521 (June 2002), 
entitled Lawn and Garden Steel Fence Post from China: Investigation No. 
731-TA-1010 (Preliminary).

    By order of the Commission.

    Issued: June 18, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-15862 Filed 6-21-02; 8:45 am]
BILLING CODE 7020-02-P