[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Notices]
[Pages 16883-16884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8223]



=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-64]


Fresh Winter Tomatoes

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. Sec. 2252) (the Act).

-----------------------------------------------------------------------

SUMMARY: Following receipt of a petition filed on March 29, 1995, on 
behalf of the Florida Tomato Exchange, Orlando, FL, and the constituent 
members thereof, (petitioner) the United States International Trade 
Commission instituted investigation No. TA-201-64 under section 202(b) 
of the Trade Act of 1974 to determine whether fresh winter tomatoes, 
provided for in subheadings 0702.00.20 and 0702.00.60 of the Harmonized 
Tariff Schedule of the United States, 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.<SUP>1

    \1\ For purposes of this investigation, ``fresh winter 
tomatoes'' is defined as fresh or chilled tomatoes (including but 
not limited to the varieties known scientifically as Lycopersicon 
esculentum and Lycopersicon pyriforme), excluding cherry tomatoes 
(Lycopersicon cerasiforme), if entered during the period from 
January 1 through April 30, inclusive, in any year.
---------------------------------------------------------------------------

    Further, the petitioner, having indicated that the subject tomatoes 
are perishable agricultural products that have been the subject of 
Commission monitoring under section 332(g) of the [[Page 16884]] Tariff 
Act of 1930 for more than 90 days, has requested, pursuant to section 
202(d) of the Act (19 U.S.C. 2252(d)), that provisional relief be 
provided through April 30, 1995. Accordingly, as provided for in 
section 202(d)(1)(C), the Commission will determine, on the basis of 
available information, whether increased imports (either actual or 
relative to domestic production) of the above-described tomatoes are 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, and whether either (1) the serious injury is 
likely to be difficult to repair by reason of perishability of the like 
or directly competitive agricultural product, or (2) the serious injury 
cannot be timely prevented through investigation under section 202(b) 
and action under section 203. If the Commission makes an affirmative 
preliminary determination under section 202(d)(1)(C), section 
202(d)(1)(E) requires that it find the amount or extent of provisional 
relief that is necessary to prevent or remedy the serious injury.
    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 part 206, subparts A and B 
(19 CFR part 206).

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
S.W., 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. Information can also be 
obtained by calling the Office of Investigations' remote bulletin board 
system for personal computers at 202-205-1895 (N,8,1).
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 twenty-one 
(21) days after publication of this notice in the Federal Register. 
Persons wishing to participate in the phase of this investigation 
regarding provisional relief must file an entry of appearance with the 
Secretary not later than two (2) 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.
    Conference on provisional relief and hearings on injury and 
remedy.--A staff conference on the question of provisional relief will 
be held beginning at 9:30 a.m. on April 10, 1995, at the U.S. 
International Trade Commission Building. A subsequent hearing on injury 
will be held beginning at 9:30 a.m. on July 6, 1995. In the event that 
the Commission makes an affirmative injury determination or is equally 
divided on the question of injury in this investigation, a hearing on 
the question of remedy will be held beginning at 9:30 a.m. on August 
17, 1995. Requests to appear at the conference on provisional relief 
should be filed in writing with the Secretary to the Commission as far 
in advance of the conference date as is practicable. Requests to appear 
at the hearings on injury and remedy should be filed on or before June 
19, 1995, and August 11, 1995, respectively.
    With regard to the hearing on injury, all persons desiring to 
appear at the hearings and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on June 22, 1995, at the 
U.S. International Trade Commission 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.
    Written submissions.--Each party is encouraged to submit a 
prehearing brief to the Commission. The deadline for filing 
preconference briefs on provisional relief is April 6, 1995; the 
deadline for filing prehearing briefs on injury is June 29, 1995, and 
that for filing prehearing briefs on remedy, including any commitments 
pursuant to 19 U.S.C. Sec. 2252(a)(6)(B), is August 10, 1995. The 
deadline for filing posthearing briefs on injury is July 12, 1995, and 
that for filing posthearing briefs on remedy is August 24, 1995. 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 consideration of provisional relief on or before April 
6, 1995, pertinent to the consideration of injury on or before July 12, 
1995, and pertinent to the consideration of remedy on or before August 
24, 1995. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
CBI must also conform with the requirements of section 201.6 of the 
rules.
    In accordance with section 201.16(c) of the rules, each document 
filed by a party to the investigation must be served on all other 
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.
    Limited disclosure of CBI under an administrative protective order 
(APO) and CBI service list.--Except as provided below, the Secretary, 
pursuant to section 206.17(a) of the Commission's rules, 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 twenty-one (21) days after the publication of this 
notice in the Federal Register. Authorized applicants may have access 
to such information nothwithstanding any prior action taken in 
connection with the phase of this investigation regarding provisional 
relief. A separate service list will be maintained by the Secretary for 
those parties authorized to receive CBI under the APO.
    Persons wishing to obtain confidential business information (CBI) 
gathered in connection with the provisional relief phase must file an 
application for APO with the Secretary not later than two (2) days 
after publication of this notice in the Federal Register.

    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.

    Issued: March 30, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-8223 Filed 3-31-95; 8:45 am]
BILLING CODE 7020-02-P