[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Notices]
[Pages 4898-4901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2352]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 701-TA-278 (Review), etc.]
Standard Chrysanthemums From the Netherlands, et al.
Fresh Cut Flowers From Colombia, Ecuador, and Mexico (Investigations
Nos. 731-TA-329, 331, and 333 (Review))
Standard Carnations From Chile (Investigations Nos. 701-TA-276 and
731-TA-328 (Review))
Standard Carnations From Kenya (Investigation No. 731-TA-332
(Review))
Pompon Chrysanthemums From Peru (Investigation No. 303-TA-18
(Review))
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty orders on standard chrysanthemums from the Netherlands, standard
carnations from Chile, and pompon chrysanthemums from Peru and the
antidumping duty orders on fresh cut flowers from Colombia, Ecuador,
and Mexico and standard carnations from Chile and Kenya.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the
countervailing duty orders on standard chrysanthemums from the
Netherlands, standard carnations from Chile, and pompon chrysanthemums
from Peru and the antidumping duty orders on fresh cut flowers from
Colombia, Ecuador, and Mexico and standard carnations from Chile and
Kenya would be likely to lead to continuation or recurrence of material
injury. Pursuant to section 751(c)(2) of the Act, interested parties
are requested to respond to this notice by submitting the information
specified below to the Commission; the deadline for responses is March
23, 1999. Comments on the adequacy of responses may be filed with the
Commission by April 16, 1999.
For further information concerning the conduct of these reviews 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). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 FR 30599, June 5, 1998, and may be downloaded from the
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: February 1, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), 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).
SUPPLEMENTARY INFORMATION:
Background.--On the dates listed below, the Department of Commerce
issued orders on the subject imports:
[[Page 4899]]
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Date Product/country Investigation No. Federal Register cite
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3/12/87........................ Standard chrysanthemums/ 701-TA-278 52 F.R. 7646.
Netherlands.
3/18/87........................ Fresh cut flowers 1/ 731-TA-329 52 F.R. 8492.
Colombia.
3/18/87........................ Fresh cut flowers 2/ 731-TA-331 52 F.R. 8494.
Ecuador.
3/19/87........................ Standard carnations/ 701-TA-276 52 F.R. 8635.
Chile.
3/20/87........................ Standard carnations/ 731-TA-328 52 F.R. 8939.
Chile.
4/23/87........................ Standard carnations/ 731-TA-332 52 F.R. 13490.
Kenya.
4/23/87........................ Fresh cut flowers 3/ 731-TA-333 52 F.R. 13491.
Mexico.
4/23/87........................ Pompon chrysanthemums/ 303-TA-18 52 F.R. 13491.
Peru.
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1 Consists of standard carnations, miniature carnations, standard chrysanthemums, and pompon chrysanthemums.
2 Consists of standard carnations, standard chrysanthemums, and pompon chrysanthemums.
3 Consists of standard carnations, standard chrysanthemums, and pompon chrysanthemums.
The Commission is conducting reviews to determine whether
revocation of the orders would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Chile, Colombia,
Ecuador, Kenya, Mexico, the Netherlands, and Peru.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, consistent with the remand from the Court of
International Trade, the Commission defined separate like products
based on the types of subject flowers. The Commission made affirmative
determinations with respect to each of four like products: standard
carnations, miniature carnations, standard chrysanthemums, and pompon
chrysanthemums. Certain Commissioners defined the Domestic Like Product
differently.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations,
consistent with the remand from the Court of International Trade, the
Commission defined four separate Domestic Industries, each devoted to
the production of one of the four Domestic Like Products, as defined
above. The Domestic Like Products and the corresponding Domestic
Industries and subject countries for which affirmative determinations
were made are listed below:
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Domestic like product Domestic industry Subject country
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Standard carnations................... Standard carnations........... Chile, Colombia, Ecuador, Kenya, and
Mexico.
Miniature carnations.................. Miniature carnations.......... Colombia.
Standard chrysanthemums............... Standard chrysanthemums....... Colombia, Ecuador, Mexico, and the
Netherlands.
Pompon chrysanthemums................. Pompon chrysanthemums......... Colombia, Ecuador, Mexico, and Peru.
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Certain Commissioners defined the Domestic Industry differently.
(5) The Order Dates are the dates that the antidumping and
countervailing duty orders under review became effective. In these
reviews, the Order Dates are as follows:
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Order date Product/country Investigation No.
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3/12/87..................... Standard 701-TA-278.
chrysanthemums/
Netherlands.
3/18/87..................... Fresh cut flowers/ 731-TA-329.
Colombia.
3/18/87..................... Fresh cut flowers/ 731-TA-331.
Ecuador.
3/19/87..................... Standard carnations/ 701-TA-276.
Chile.
3/20/87..................... Standard carnations/ 731-TA-328.
Chile.
4/23/87..................... Standard carnations/ 731-TA-332.
Kenya.
4/23/87..................... Fresh cut flowers/ 731-TA-333.
Mexico.
4/23/87..................... Pompon 303-TA-18.
chrysanthemums/Peru.
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(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the reviews 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 reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
[[Page 4900]]
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the reviews. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the
Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is March 23, 1999. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is April 16, 1999. All written submissions must conform with
the provisions of sections 201.8 and 207.3 of the Commission's rules
and any submissions that contain BPI must also conform with the
requirements of sections 201.6 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. Also, in accordance with
sections 201.16(c) and 207.3 of the Commission's rules, each document
filed by a party to the reviews must be served on all other parties to
the reviews (as identified by either the public or APO service list as
appropriate), and a certificate of service must accompany the document
(if you are not a party to the reviews you do not need to serve your
response).
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information to be Provided in Response to This Notice of
Institution: Please provide the requested information separately for
each Domestic Like Product, as defined by the Commission in its
original determinations, and for each of the products identified by
Commerce as Subject Merchandise. If you are a domestic producer, union/
worker group, or trade/business association; import/export Subject
Merchandise from more than one Subject Country; or produce Subject
Merchandise in more than one Subject Country, you may file a single
response. If you do so, please ensure that your response to each
question includes the information requested for each pertinent Subject
Country. As used below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product to which your response pertains,
a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association, or another interested
party (including an explanation). If you are a union/worker group or
trade/business association, identify the firms in which your workers
are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping and countervailing duty orders on each Domestic Industry
for which you are filing a response in general and/or your firm/entity
specifically. In your response, please discuss the various factors
specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including
the likely volume of subject imports, likely price effects of subject
imports, and likely impact of imports of Subject Merchandise on the
Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
each Domestic Like Product for which you are filing a response.
Identify any known related parties and the nature of the relationship
as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Countries that currently export or have exported Subject
Merchandise to the United States or other countries since 1986.
(7) If you are a U.S. producer of a Domestic Like Product, provide
the following information separately on your firm's operations on each
product during calendar year 1998 (report quantity data in thousands of
stems for standard carnations and standard chrysanthemums and thousands
of bunches for miniature carnations and pompon chrysanthemums; report
value data in thousands of U.S. dollars, f.o.b. plant). If you are a
union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production; and
(b) The quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 1998 (report quantity data in thousands of
stems for standard carnations and standard chrysanthemums and thousands
of bunches for miniature carnations and pompon chrysanthemums; report
value data in thousands of U.S. dollars). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
[[Page 4901]]
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') imports;
and
(b) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your firm's(s')
operations on that product during calendar year 1998 (report quantity
data in thousands of stems for standard carnations and standard
chrysanthemums and thousands of bunches for miniature carnations and
pompon chrysanthemums; report value data in thousands of U.S. dollars,
landed and duty-paid at the U.S. port but not including antidumping or
countervailing duties). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Countries accounted for by your firm's(s') production; and
(b) The quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for each Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Countries, and such merchandise
from other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
Issued: January 27, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-2352 Filed 1-29-99; 8:45 am]
BILLING CODE 7020-02-P