WORLD TRADE
ORGANIZATIONG/SG/N/6/USA/8
22 March 2000
(00-1196)
Committee on Safeguards Original:  English
NOTIFICATION UNDER ARTICLE 12.1(a) OF THE
AGREEMENT ON SAFEGUARDS ON INITIATION OF
AN INVESTIGATION AND THE REASONS FOR IT
UNITED STATES
The following communication, dated 20 March 2000, has been received from the Permanent
Mission of the United States.
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Pursuant to Article 12.1(a) of the WTO Agreement on Safeguards, and in light of the format
for notifications under the Agreement on Safeguards, adopted by the Committee on Safeguards
(G/SG/N/6, 7 February 1995), the United States notifies that its competent authorities have initiated asafeguards proceeding, as follows:
1. Date investigation was initiated:  The petition was filed on 2 March 2000, and the
investigation was instituted on 15 March 2000.
2. Product subject to investigation:  Crabmeat from swimming crabs (family Portuidae ), in all
forms, including frozen, fresh, and chilled, however packed, preserved, pasteurized, or prepared, and
of any grade or size.  Such crabmeat is generally classified under subheadings 1605.10.20 and
1605.10.40 of the Harmonized Tariff Schedule of the United States (HTS), but may also be entering
under HTS subheadings 0306.14.20 and 0306.24.20.
3. Reasons for the initiation: The investigation was initiated on the basis of a petition filed on
behalf of the domestic industry, and on the information and evidence contained therein.  A copy of the
notice of institution and scheduling of an investigation is being submitted together with this
notification.  A copy of the petition will also be submitted to the Committee separately. These
documents will be available in the WTO Secretariat for inspection by government representatives.G/SG/N/6/USA/8
Page 2
CRABMEAT FROM SWIMMING CRABS
AGENCY:  United States International Trade Commission.
ACTION:  Institution and scheduling of an investigation under section 202 of the Trade Act of 1974
(19 U.S.C. § 2252) (the Act) and determination that the investigation is extraordinarily complicated.
SUMMARY:  Following receipt of  a petition filed on 2 March 2000, on behalf of the Blue Crab
Coalition, McClellanville, SC, the Commission instituted investigation No. TA-201-71 under
section 202 of the Act to determine whether crabmeat from swimming crabs (family Portunidae ), in
all its forms, including frozen, fresh, and chilled crabmeat, however packed, preserved, pasteurized, or
prepared, and of any grade or size (such as jumbo lump, lump, back fin, claw, select, and the like), isbeing imported into the United States in such increased quantities as to be a substantial cause of
serious injury, or the threat thereof, to the dome stic industry producing an article like or directly
competitive with the imported article.  Such cr abmeat is generally classified in subheadings
1605.10.20 and 1605.10.40 of the Harmonized Tariff Schedule of the United States (HTS), but may
also be entering under HTS subheadings 0306.14.20 and 0306.24.20.  Although the HTS categoriesare provided for convenience and Customs purposes, the written description of the merchandise under
investigation is dispositive.
The Commission has determined that this investigation is "extraordinarily complicated"
within the meaning of section 202(b)(2)(B) of the Trade Act of 1974 (19 U.S.C. 2252(b)(2)(B)).  Thisdetermination allows the Commission to take up to 30 additional days to make its injury
determination in this investigation - that is, the Commission must make its injury determination before
the 150th day of the filing of the petition, as opposed to the 120th day.  The Commission envisions
using only a part of the extra 30 days to make its injury determination.  This will allow the
Commission more than sufficient time to consid er the question of remedy should the Commission
make an affirmative injury determination.
For further information concerning the conduct of this 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 pa rt 206, subparts A and B (19 CFR part 206).
EFFECTIVE DATE:  2 March 2000.
FOR FURTHER INFORMATION CONTACT:  Mary Messer (202-205-3193), 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 ingaining 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:
Participation in the investigation and service list -- Persons wishing to participate in the investigation
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, not later than 21 days after publication of this notice in the
Federal Register .  The Secretary will prepare a service list containing the names and addresses of all
persons, or their representatives, who are parties to this investigation upon the expiration of the period
for filing entries of appearance.G/SG/N/6/USA/8
Page 3
Limited disclosure of confidential business information (CBI) under an administrative protective
order (APO) and CBI service list -- Pursuant to  section 206.17 of the Commission's rules, the
Secretary will make CBI gathered in this investigation available to authorized applicants under the
APO issued in the investigation, provided that the application is made not later than 21 days after thepublication of this notice in the Federal Register .  A separate service list will be maintained by the
Secretary for those parties authorized to receive CBI under the APO.
Hearings on injury and remedy -- The Commission has scheduled separate hearings in connection
with the injury and remedy phases of this investigation.  The hearing on injury will be held beginning
at 9:30 a.m. on 15 June 2000, at the U.S. International Trade Commission Building.  In the event that
the Commission makes an affirmative injury determination or is equally divided on the question ofinjury in this investigation, a hearing on the question of remedy will be held beginning at 9:30 a.m. on
25 July 2000.  Requests to appear at the hearings shou ld be filed in writing with the Secretary to the
Commission on or before 9 June 2000, and 19 July 2000, respectively.  All persons desiring to appear
at the hearings and make oral presentations should attend prehearing conferences to be held at
9:30 a.m. on 13 June 2000, and 21 July 2000, respectively, at the U.S. International TradeCommission Building.  Oral testimony and written materials to be submitted at the hearing are
governed by sections 201.6(b)(2) and 201.13(f) 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 is encouraged to  submit a prehearing brief to the Commission.  The
deadline for filing prehearing briefs on injury is 9 June 2000; that for filing prehearing briefs on
remedy, including any commitments pursuant to 19 U.S.C. § 2252(a)(6)(B), is 19 July 2000.  Parties
may also file posthearing briefs.  The deadline for filing posthearing briefs on injury is 20 June 2000;
that for filing posthearing briefs on remedy is 31 July 2000.  In addition, any person who has notentered an appearance as a party to the investig ation may submit a written statement of information
pertinent to the consideration of injury on or befo re 20 June 2000, and pertinent to the consideration
of remedy on or before 31 July 2000.  All written submissions must conform with the provisions of
section 201.8 of the Commission's rules;  any s ubmissions that contain confidential business
information must also conform with the requir ements of section 201.6 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 section 201.16(c) of the Commission's rules, each document filed by a
party to the investigation must be served on all othe r parties to the investigation (as identified by the
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 the authority of section 202 of the Trade
Act of 1974; this notice is published pursuant to section 206.3 of the Commission's rules.
By order of the Commission.
Donna R. Koehnke
Secretary
Issued:  15 March 2000
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