[Federal Register: September 5, 2002 (Volume 67, Number 172)]
[Notices]               
[Page 56854-56856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se02-74]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Final)]

 
Fresh Tomatoes From Mexico

AGENCY: United States International Trade Commission.

ACTION: Resumption and scheduling of the final phase of an antidumping 
investigation.

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[[Page 56855]]

SUMMARY: The Commission hereby gives notice of the resumption and 
scheduling of the final phase of antidumping investigation No. 731-TA-
747 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 
1673d(b)) (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 less-than-fair-value (LTFV) imports from Mexico 
of fresh tomatoes, provided for in subheadings 0702.00 and 9906.07.01 
through 9906.07.09 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as all fresh or chilled 
tomatoes (fresh tomatoes) except for cocktail tomatoes and those 
tomatoes which are for processing. For purposes of this 
investigation, cocktail tomatoes are greenhouse-grown tomatoes, 
generally larger than cherry tomatoes and smaller than Roma or 
common round tomatoes, and are harvested and packaged on-the-vine 
for retail sale. For purposes of this investigation, processing is 
defined to include preserving by any commercial process, such as 
canning, dehydrating, drying, or the addition of chemical 
substances, or converting the tomato product into juices, sauces, or 
purees. Further, imports of fresh tomatoes for processing are 
accompanied by an ``Importer's Exempt Commodity Form'' (FV-6) 
(within the meaning of 7 CFR 980.501(a)(2) and 980.212(I)). Fresh 
market tomatoes that are imported for cutting up, not further 
processed (e.g., tomatoes used in the preparation of fresh salsa or 
salad bars), and not accompanied by an FV-6 form are covered by the 
scope of this investigation. All commercially-grown tomatoes sold in 
the United States, both for the fresh market and for processing, are 
classified as Lycopersicon esculentum. Important commercial 
varieties of fresh tomatoes include common round, cherry, plum, and 
pear tomatoes, all of which, with the exception of cocktail 
tomatoes, are covered by this investigation. Imported tomatoes are 
classified under the following subheadings of the Harmonized Tariff 
Schedule of the United States (HTS), according to the season of 
importation: 0702.00 (covering imports from all sources) and 
9906.07.01 through 9906.07.09 (covering imports from Mexico only).
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    For further information concerning the conduct of this phase of the 
investigation, 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, C, 
and D (19 CFR part 207).

EFFECTIVE DATE: July 30, 2002.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
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 
investigation may be viewed on the Commission's electronic docket 
(EDIS-O-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 1996, the Commission instituted a preliminary 
antidumping investigation in response to a petition filed on April 1, 
1996, by the Florida Tomato Growers Exchange, Orlando, FL; Florida 
Fruit and Vegetable Association, Orlando, FL; Florida Farm Bureau 
Federation, Gainesville, FL; South Carolina Tomato Association, Inc., 
Charleston, SC; Gadsden County Tomato Growers Association, Inc., 
Quincy, FL; Accomack County Farm Bureau, Accomack, VA; Florida Tomato 
Exchange, Orlando, FL; Bob Crawford, Commissioner of Agriculture, 
Florida Department of Agriculture and Consumer Services, Tallahassee, 
FL; and the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, 
South Carolina, Tennessee, and Virginia Tomato Growers (61 FR 15968, 
April 10, 1996). On May 16, 1996, the Commission notified the 
Department of Commerce (Department) of its affirmative preliminary 
injury determination (61 FR 18891, June 6, 1996). On October 10, 1996, 
the Department and Mexican tomato growers/exporters initialed a 
proposed agreement suspending the antidumping investigation, and on 
October 28, 1996, the Department preliminarily determined that imports 
of fresh tomatoes from Mexico are being sold at LTFV in the United 
States (61 FR 56607, November 1, 1996). Also on October 28, 1996, the 
Department and certain growers/exporters of fresh tomatoes from Mexico 
signed the final suspension agreement (61 FR 56617, November 1, 1996). 
Accordingly, effective November 1, 1996, the Commission suspended its 
antidumping investigation involving imports from Mexico of fresh 
tomatoes (61 FR 58217, November 13, 1996). On October 1, 2001, the 
Commission instituted a five-year review of the suspension agreement 
concerning fresh tomatoes from Mexico to determine whether its 
termination would be likely to lead to continuation or recurrence of 
material injury (66 FR 49975, October 1, 2001). On January 4, 2002, the 
Commission determined that responses to its notice of institution were 
such that a full review should proceed (67 FR 3229, January 23, 2002), 
and subsequently the Commission established a schedule for its full 
five year review (67 FR 30962, May 8, 2002). On May 31, 2002, Mexican 
tomato growers/exporters accounting for a significant percentage of all 
fresh tomatoes imported into the United States from Mexico submitted to 
the Department a notice of their withdrawal from the agreement 
suspending the antidumping investigation on fresh tomatoes from Mexico. 
On July 30, 2002, because the suspension agreement no longer covered 
substantially all imports of fresh tomatoes from Mexico, the Department 
terminated the suspension agreement, terminated its review of the 
suspension agreement, and resumed the antidumping investigation (67 FR 
50858, August 6, 2002). Accordingly, the Commission terminated its 
review involving imports from Mexico of fresh tomatoes effective July 
30, 2002 (67 FR 53361, August 15, 2002) and the final phase of this 
investigation is being resumed and scheduled.
    Participation in the investigation 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 this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. The Secretary will maintain a public service 
list containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.
    Former Commission employees who are seeking to appear in this final 
phase investigation are reminded that they are required, pursuant to 19 
CFR 201.15 to seek Commission approval if the matter in which they are 
seeking to appear was pending in any manner or form during their 
Commission employment. Former employees may seek informal advice from 
Commission ethics officials with respect to this and the related issue 
of whether the employee's participation was ``personal and 
substantial.'' However, any informal consultation will not relieve 
former employees of the obligation to seek approval to appear from the 
Commission under its rule 201.15. For ethics advice, contact Carol 
McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to

[[Page 56856]]

Sec.  207.7(a) of the Commission's rules, the Secretary will make BPI 
gathered in the final phase of this investigation available to 
authorized applicants under the APO issued in the investigation, 
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 investigation. 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 
this investigation will be placed in the nonpublic record on December 
3, 2002, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on December 
16, 2002, 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 December 9, 2002. 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 December 12, 2002, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by Sec. Sec.  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 Sec.  207.23 of the Commission's rules; 
the deadline for filing is December 10, 2002. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
December 23, 2002; 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 investigation may submit a written 
statement of information pertinent to the subject of the investigation 
on or before December 23, 2002. On January 8, 2003, 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 January 10, 2003, but such final comments must 
not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  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.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (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 investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 29, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-22604 Filed 9-4-02; 8:45 am]
BILLING CODE 7020-02-P