[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Notices]
[Pages 20505-20506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10256]



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[[Page 20506]]

INTERNATIONAL TRADE COMMISSION

[No. TA-201-64 (Provisional Relief Phase)]


Report to the President on Investigation Fresh Winter Tomatoes\1\

Determinations\2\

    On the basis of the statute and available information developed to 
date in the subject investigation--

    \1\Specifically, fresh or chilled tomatoes, excluding cherry 
tomatoes, if entered during the period from January 1 through April 
30 inclusive, provided for in subheadings 0702.00.20 and 0702.00.60 
of the Harmonized Tariff Schedules of the United States.
    \2\Vice Chairman Nuzum not participating.
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    Chairman Watson and Commissioners Crawford and Bragg find two full-
year, national industries producing tomatoes for (1) fresh-market use 
and (2) processing.
    Chairman Watson and Commissioner Crawford further determine that 
fresh winter tomatoes are not being imported into the United States in 
such increased quantities as to be a substantial cause of serious 
injury, or the threat thereof, to the domestic industries producing a 
like or directly competitive perishable product.
    Commissioner Bragg finds that the available information in this 
investigation, while somewhat incomplete, suggests that fresh winter 
tomatoes are not being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury, or 
the threat thereof, to the domestic industries producing a like or 
directly competitive perishable product; however, she makes a negative 
determination in this investigation based on a negative finding with 
respect to whether--
    (I) serious injury is likely to be difficult to repair by reason of 
perishability of the like or directly competitive agricultural product; 
or
    (II) the serious injury cannot be timely prevented through 
investigation under subsection (b) and action under section 203.
    Commissioners Rohr and Newquist make a negative determination in 
this investigation based on a negative finding with respect to 
whether--
    (I) serious injury or threat of serious injury is likely to be 
difficult to repair by reason of perishability of the like or directly 
competitive agricultural product; or
    (II) the serious injury or threat of serious injury cannot be 
timely prevented through investigation under subsection (b) and action 
under section 203.

Background

    Following receipt of a petition filed on March 29, 1995, on behalf 
of the Florida Tomato Exchange, Orlando, FL, and the constituent 
members thereof, the Commission instituted investigation No. TA-201-64 
under section 202(b) of the Trade Act of 1974 to determine whether 
fresh winter tomatoes are being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury, or 
the threat thereof, to the domestic industry producing an article like 
or directly competitive with the imported article. In addition, the 
petitioner sought provisional relief under section 202(d) of the Act.
    Notice of the institution of the Commission's investigation and of 
a public conference to be held in connection with the provisional 
relief phase of the investigation 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 April 3, 1995 (60 FR 16883). The conference was held in 
Washington, DC, on April 10, 1995, and all persons who requested the 
opportunity were permitted to appear in person or by counsel.
    The Commission transmitted its determinations in this investigation 
to the President on April 19, 1995. The views of the Commission are 
contained in USITC Publication 2881 (April 1995), entitled ``Fresh 
Winter Tomatoes: Investigation No. TA-201-64 (Provisional Relief 
Phase).''

    Issued: April 21, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-10256 Filed 4-25-95; 8:45 am]
BILLING CODE 7020-02-P