Notice of Request for Information and Extension of Time: Certain Orange Juice From Brazil, 3510-3512 [05-1355]
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3510
Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Notices
packaged in plastic bags. Crepe paper
may or may not be bleached, dyecolored, surface-colored, surface
decorated or printed, glazed, sequined,
embossed, die-cut, and/or flameretardant. Subject crepe paper may be
rolled, flat or folded, and may be
packaged by banding or wrapping with
paper, by placing in plastic bags, and/
or by placing in boxes for distribution
and use by the ultimate consumer.
Packages of crepe paper subject to this
order may consist solely of crepe paper
of one color and/or style, or may contain
multiple colors and/or styles.
The merchandise subject to this order
does not have specific classification
numbers assigned to them under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) . Subject
merchandise may be under one or more
of several different HTSUS subheadings,
including: 4802.30; 4802.54; 4802.61;
4802.62; 4802.69; 4804.39; 4806.40;
4808.30; 4808.90; 4811.90; 4818.90;
4823.90; 9505.90.40. The tariff
classifications are provided for
convenience and customs purposes;
however, the written description of the
scope of this order is dispositive.
Antidumping Duty Order
On January 18, 2005, the International
Trade Commission (the ITC) notified the
Department of Commerce (the
Department) of its final determination
pursuant to section 735(b)(1)(A)(I) of the
Tariff Act of 1930, as amended (the Act),
that the industry in the United States
producing crepe paper is materially
injured by reason of less-than-fair-value
imports of subject merchandise from the
People’s Republic of China (PRC). In
addition, the ITC notified the
Department of its final determination
that critical circumstances do not exist
with respect to imports of subject
merchandise from the PRC that are
subject to the Department’s affirmative
critical circumstances finding.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
advice by the Department, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price of the
merchandise for all relevant entries of
crepe paper from the PRC. These
antidumping duties will be assessed on
all unliquidated entries of crepe paper
from the PRC entered, or withdrawn
from the warehouse, for consumption
on or after September 21, 2004, the date
on which the Department published its
Notice of Preliminary Determination of
Sales at Less Than Fair Value,
Affirmative Preliminary Determination
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of Critical Circumstances and
Postponement of Final Determination:
Certain Tissue Paper Products and
Crepe Paper From the People’s Republic
of China (‘‘Preliminary Determination’’),
69 FR 56407 (Sep. 21, 2004).
With regard to the ITC negative
critical circumstances determination,
we will instruct Customs to lift
suspension and to release any bond or
other security, and refund any cash
deposit made, to secure the payment of
antidumping duties with respect to
entries of the merchandise entered, or
withdrawn from warehouse, for
consumption on or after June 23, 2004,
but before September 21, 2004. June 23,
2004, is 90 days prior to September 21,
2004, the date of publication of the
Preliminary Determination in the
Federal Register.
CBP must require, at the same time as
importers would normally deposit
estimated duties on this merchandise, a
cash deposit equal to the estimated
weighted-average antidumping duty
margins noted below. The ‘‘PRC-Wide’’
rates apply to all exporters of subject
merchandise not specifically listed.1
The weighted-average dumping margins
are as follows:
Manufacturer/exporter
Margin
(percent)
Dated: January 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–1354 Filed 1–24–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–840]
Notice of Request for Information and
Extension of Time: Certain Orange
Juice From Brazil
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 25, 2005.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Jill Pollack, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–3874 or (202) 482–
4593.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On December 27, 2004, the
Department of Commerce (the
Everlasting Business and InDepartment) received an antidumping
dustry Co. Ltd .......................
266.83
duty petition (petition) filed by Florida
Fujian Nanping Investment and
Enterprise Co., Ltd ................
266.83 Citrus Mutual, A. Duda & Sons, Inc.
(doing business as Citrus Belle), Citrus
Ningbo Spring Stationary Co.,
Ltd .........................................
266.83 World, Inc., Peace River Citrus
PRC-Wide Rate 2 ......................
266.83 Products, Inc., and Southern Garden
Citrus Processing Corporation (doing
business as Southern Gardens)
This notice constitutes the
(collectively ‘‘the petitioners’’).
antidumping duty order with respect to
crepe paper from the PRC, pursuant to
Scope of the Petition
section 736(a) of the Act. Interested
The following language describes the
parties may contact the Department’s
imported merchandise from Brazil that
Central Records Unit, Room B–099 of
the Main Commerce Building, for copies the petitioners intend to be included in
the scope of the investigation.
of an updated list of antidumping duty
The product under investigation is
orders currently in effect.
certain orange juice for transport and/or
This order is published in accordance further manufacturing, produced in two
with section 736(a) of the Act and 19
different forms: (1) Frozen orange juice
CFR 351.211.
in a highly concentrated form,
the Final Determination, the two mandatory
respondents, Fuzhou Light and Magicpro, as well
as Fujian Xinjifu, a Section A respondent who
chose not to participate in verification, were
assigned the PRC-Wide rate of 266.38 percent
because they withdrew from the investigation,
resulting in the Department’s finding of total
adverse facts available for both companies.
2 As stated in Footnote 1, Fuzhou Light and
Magicpro were inadvertently identified as exporters
in the ‘‘Final Determination of Investigation’’
section in the Final Determination with a rate of
266.83. Instead, Fuzhou Light and Magicpro should
have been included in the PRC entity and assigned
the PRC-wide rate of 266.83.
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sometimes referred to as frozen
concentrated orange juice for further
manufacturing (FCOJM); and (2)
pasteurized single–strength orange juice
which has not been concentrated,
referred to as Not–From-Concentrate
(NFC).
There is an existing antidumping duty
order on frozen concentrated orange
juice (FCOJ) from Brazil. See
Antidumping Duty Order; Frozen
Concentrated Orange Juice from Brazil,
52 FR 16426 (May 5, 1987). Therefore,
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Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Notices
the scope with regard to FCOJM covers
only FCOJM produced and/or exported
by those companies who were excluded
or revoked from the existing
antidumping order on FCOJ from Brazil
as of December 27, 2004. Those
companies are Cargill Citrus Limitada,
Citrosuco Paulista S.A., Coopercitrus
Industrial Frutesp, Frutropic,
Montecitrus Industria e Comercio
Limitada, and Sucocitrico Cutrale SA.
Reconstituted orange juice and frozen
orange juice for retail (FCOJR) are also
excluded from the scope of the
investigation. Reconstituted orange juice
is produced through further
manufacture of FCOJM, by adding
water, oils and essences to the orange
juice concentrate. FCOJR is
concentrated orange juice, typically at
42» Brix, in a frozen state, packed in
retail sized containers ready for sale to
consumers. FCOJR, a finished consumer
product, is produced through further
manufacture of FCOJM, a bulk
manufacturer’s product.
The subject merchandise is currently
classifiable under item 2009.11.00,
2009.12.25 and 2009.12.45, and
2009.19.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
These HTSUS subheadings are provided
for convenience and for customs
purposes only and are not dispositive,
but rather the written description of the
scope of this investigation is dispositive.
Domestic Like Product
Section 771(10) of the Tariff Act of
1930, as amended (the Act), defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with the article subject to
investigation.’’ Thus, the reference point
from which the domestic like product
analysis begins is ‘‘the article subject to
investigation,’’ i.e., the class or kind of
merchandise to be investigated, which
normally will be the scope as defined in
the petition.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that the
Department’s industry support
determination be based on whether a
minimum percentage of the relevant
industry supports the petition. A
petition meets this requirement if the
domestic producers or workers who
support the petition account for: (1) At
least 25 percent of the total production
of the domestic like product; and (2)
more than 50 percent of the production
of the domestic like product produced
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13:14 Jan 24, 2005
Jkt 205001
by that portion of the industry
expressing support for, or opposition to,
the petition. Moreover, section
732(c)(4)(D) of the Act provides that, if
the petition does not establish support
of domestic producers or workers
accounting for more than 50 percent of
the total production of the domestic like
product, the Department shall: (1) Poll
the industry or rely on other
information in order to determine if
there is support for the petition, as
required by subparagraph (A); or (2)
determine industry support using a
statistically valid sampling method to
poll the industry.
Request for Information
In the instant case, we have received
challenges to industry support from U.S.
producers and need to determine the
production quantities and levels of
imports of U.S. producers, as well as the
relationships between U.S. and foreign
producers, in order to evaluate the
calculation of industry support in the
petition. Because the petition has not
established that domestic producers or
workers accounting for more than 50
percent of the total production of the
domestic like product support the
petition, we must ‘‘poll or otherwise
determine industry support for the
petition by the industry.’’
In accordance with section
732(c)(4)(D) of the Act and in order to
determine whether the petition
establishes support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
we are hereby requesting that all
domestic producer/manufacturers of
certain orange juice submit to the
Department a response to the questions
posted on Import Administration’s Web
site: https://ia.ita.doc.gov.
Filing Requirements
Given the very short period in which
we must determine industry support,
the number of potential responses, and
the fact that industry support may not
be re–examined after initiation, we are
waiving the filing requirements set forth
in 19 C.F.R § 351.303 for certain parties
submitting information on industry
support. This waiver of the filing
requirements will not apply to: 1) the
submission of documents that are not in
response to the information requested in
this notice; or 2) parties that are familiar
with the conduct of antidumping and
countervailing proceedings through
prior involvement in such proceedings
(e.g., parties represented by law firms
that are involved in other AD/CVD
cases).
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3511
This limited waiver is applicable only
until January 26, 2005, the deadline for
submitting the information requested in
this notice. This waiver is intended to
expedite the receipt of information that
is essential to our analysis of industry
support by providing information on the
production of the domestic like product
by petitioning and non–petitioning
companies. By avoiding delays in the
receipt of such information, we will
have more time to analyze whether the
statutory requirements concerning
industry support for the above–
referenced petitions have been met.
All parties submitting any
information must include the following
statement in their response: ‘‘I, (name
and title), currently employed by
(person), certify that (1) I have read the
attached submission, and (2) based on
the information made available to me by
(person), I have no reason to believe that
this submission contains any material
misrepresentation or omission of fact.’’
All information received by the
Department will be treated as business
proprietary information as outlined in
our regulations (19 CFR 351.304–306),
unless otherwise noted. Please note that
all company names will be treated as
public information. In addition, note
that all business proprietary documents
received by the Department in response
to this notice will be served to those
individuals with access to business
proprietary information under the
Administrative Protective Order (APO).
All public documents may be made
available to those parties on the public
service list. The APO service lists and
the public service lists are available on
Import Administration’s Web site:
https://ia.ita.doc.gov.
Information submitted to the
Department in response to this notice
should be faxed to the following
number: 202–482–4776. Furthermore,
all such information will be placed on
the official record of the proceeding.
Responses to this notice are due no later
than January 26, 2005. Responses after
this date may not be reviewed by the
Department and therefore, not included
in the analysis.
Extension of Time
Section 732(c)(1)(A)(ii) of the Act
provides that within 20 days of the
filing of an antidumping duty petition,
the Department will determine, inter
alia, whether the petition has been filed
by or on behalf of the U.S. industry
producing the domestic like product.
Section 732(c)(1)(B) provides that the
deadline for the initiation determination
can be extended by 20 days in any case
in which the Department must ‘‘poll or
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Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Notices
otherwise determine support for the
petition by the industry . . . .’’
We will require additional
information from the petitioners and the
domestic producers of certain orange
juice in order to make our determination
regarding industry support and/or time
to analyze the petitioners’ responses to
our requests for information. See the
‘‘Determination of Industry Support for
the Petition’’ section of this notice,
above. Therefore, it is necessary to
extend the deadline for decision on
initiation for a period not to exceed 40
days from the filing of the petition. As
a result, the initiation determination is
due no later than February 7, 2005.
International Trade Commission (ITC)
Notification
Because the Department has extended
the deadline of the initiation
determination, the Department will
contact the ITC and will make this
extension notice available to the ITC.
Dated: January 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–1355 Filed 1–24–05; 8:45 am]
BILLING CODE: 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Ocean Service; Final Criteria
and Data Fields for an Inventory of
Existing Marine Managed Areas and
Response to Comments
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of final criteria and data
fields for building an Inventory of
Marine Managed Areas and response to
comments on draft criteria.
AGENCY:
SUMMARY: NOAA and the Office of the
Secretary, Department of the Interior
(DOI), on July 23, 2003, jointly proposed
criteria, definitions, and data fields that
will be used in development of an
Inventory of U.S. Marine Managed
Areas (MMAs). The MMA Inventory
will provide information that will lead
to the fulfillment of requirements of
Executive Order (E.O.) 13158 on Marine
Protected Areas (MPAs). This action
provides the final criteria and data
fields that will be used to develop and
complete the MMA Inventory and
summarizes and responds to comments
received on the notice of July 23rd. This
will allow the completion of Phase I,
development of the MMA Inventory, to
VerDate jul<14>2003
13:14 Jan 24, 2005
Jkt 205001
be followed by the development of
criteria for and the List of MPAs (Phase
II) called for in E.O. 13158.
DATES: Effective on January 25, 2005.
FOR FURTHER INFORMATION CONTACT:
Joseph A. Uravitch, Director, National
Marine Protected Areas Center, NOAA,
(301) 713–3100, x195.
SUPPLEMENTARY INFORMATION: Electronic
Access: This Federal Register document
also is accessible via the internet at the
Office of the Federal Register’s Web site
at https://www.access.gpo.gov/su_docs/
aces/aces140.html.
I. Background and Overview of MMA
Criteria
E.O. 13158 directs DOC and DOI, in
consultation with the Department of
Defense, the Department of State, the
United States Agency for International
Development, the Department of
Transportation, the Environmental
Protection Agency, the National Science
Foundation, and other pertinent federal
agencies, to work with non-federal
partners to protect significant natural
and cultural resources within the
marine environment of the United
States, including the Great Lakes, by
strengthening and expanding a
scientifically-based comprehensive
National System of MPAs. A key
purpose of E.O. 13158 is to ‘‘enhance
the conservation of our Nation’s natural
and cultural marine heritage and the
ecologically and economically
sustainable use of the marine
environment for future generations.’’ A
first step in developing this
scientifically-based National System of
MPAs is the development of an
inventory of MMAs. This inventory will
become the initial pool of sites from
which the List of MPAs called for in
section 4(d) of the E.O. 13158 will be
developed.
DOC and DOI were given specific
roles by E.O. 13158. DOC has delegated
lead responsibility to the Under
Secretary of Commerce for Oceans and
Atmosphere. DOI has delegated its lead
to the Assistant Secretary, Lands and
Minerals Management. NOAA and DOI
have stewardship responsibilities for
marine resources under various federal
laws, including the Magnuson-Stevens
Fishery Conservation and Management
Act, the Endangered Species Act, the
Marine Mammal Protection Act, the
Coastal Zone Management Act, the
National Marine Sanctuaries Act, the
Antiquities Act, the National Wildlife
Refuge System Administration Act, the
Outer Continental Shelf Lands Act, and
the National Park Service Organic Act.
These and other authorities direct DOC
and DOI agencies to manage marine
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Sfmt 4703
areas for a wide variety of objectives.
Area-based management has been used
for years to protect marine habitat and
submerged cultural resources, rebuild
and sustain fisheries, provide
recreational opportunities, promote
marine research, recover endangered
species, and support local economies
that depend on ocean resources. These
areas have been managed in different
ways ranging from restricting specific
activities and allowing sustainable use
of natural resources within an area, to
the establishment of marine reserves
that limit access and close the site to all
uses except research.
The MMA Inventory will be used in
Phase I to inform federal, state,
commonwealth, territorial, local, and
tribal agencies of the locations and
characteristics of existing MMAs and to
form a pool from which sites may later
be considered for placement on the List
of MPAs (Phase II). Resource managers
and others can use this information to
better manage these areas and determine
the effectiveness of individual sites, as
well as regional and national
assemblages. The core purposes of the
MMA Inventory are:
• Providing centralized, easily
accessed information on and maps of
existing federal, State, commonwealth,
territorial, local, and tribal MMAs in the
United States;
• Providing information and tools for
environmental assessments and
effectiveness monitoring (supporting
independent analyses and studies of a
wide variety of marine issues by
governmental and non-governmental
users);
• Providing important site-specific
information for developing and
maintaining the official nationwide List
of MPAs required by section 4(d) of E.O.
13158; and
• Providing information to fulfill
other requirements of E.O. 13158.
NOAA and DOI have placed a variety
of protective or restrictive measures on
different marine areas to achieve
different management purposes. The
definitions and working criteria in this
notice are being used to build the MMA
Inventory and may, at some future date,
be used in determining which sites
should be placed on the List of MPAs
(Phase II). These definitions and criteria
are final and incorporate public
comment, as appropriate, but may be
changed at some future date if required
by experience gained by using the MMA
Inventory and implementing E.O.
13158. The public will be informed of
such changes to the criteria through the
Federal Register and the MPA Web site,
https://www.mpa.gov.
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Agencies
[Federal Register Volume 70, Number 15 (Tuesday, January 25, 2005)]
[Notices]
[Pages 3510-3512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1355]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-840]
Notice of Request for Information and Extension of Time: Certain
Orange Juice From Brazil
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 25, 2005.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3874 or (202) 482-4593.
SUPPLEMENTARY INFORMATION:
The Petition
On December 27, 2004, the Department of Commerce (the Department)
received an antidumping duty petition (petition) filed by Florida
Citrus Mutual, A. Duda & Sons, Inc. (doing business as Citrus Belle),
Citrus World, Inc., Peace River Citrus Products, Inc., and Southern
Garden Citrus Processing Corporation (doing business as Southern
Gardens) (collectively ``the petitioners'').
Scope of the Petition
The following language describes the imported merchandise from
Brazil that the petitioners intend to be included in the scope of the
investigation.
The product under investigation is certain orange juice for
transport and/or further manufacturing, produced in two different
forms: (1) Frozen orange juice in a highly concentrated form, sometimes
referred to as frozen concentrated orange juice for further
manufacturing (FCOJM); and (2) pasteurized single-strength orange juice
which has not been concentrated, referred to as Not-From-Concentrate
(NFC).
There is an existing antidumping duty order on frozen concentrated
orange juice (FCOJ) from Brazil. See Antidumping Duty Order; Frozen
Concentrated Orange Juice from Brazil, 52 FR 16426 (May 5, 1987).
Therefore,
[[Page 3511]]
the scope with regard to FCOJM covers only FCOJM produced and/or
exported by those companies who were excluded or revoked from the
existing antidumping order on FCOJ from Brazil as of December 27, 2004.
Those companies are Cargill Citrus Limitada, Citrosuco Paulista S.A.,
Coopercitrus Industrial Frutesp, Frutropic, Montecitrus Industria e
Comercio Limitada, and Sucocitrico Cutrale SA. Reconstituted orange
juice and frozen orange juice for retail (FCOJR) are also excluded from
the scope of the investigation. Reconstituted orange juice is produced
through further manufacture of FCOJM, by adding water, oils and
essences to the orange juice concentrate. FCOJR is concentrated orange
juice, typically at 42[ctrcir] Brix, in a frozen state, packed in
retail sized containers ready for sale to consumers. FCOJR, a finished
consumer product, is produced through further manufacture of FCOJM, a
bulk manufacturer's product.
The subject merchandise is currently classifiable under item
2009.11.00, 2009.12.25 and 2009.12.45, and 2009.19.00 of the Harmonized
Tariff Schedule of the United States (HTSUS). These HTSUS subheadings
are provided for convenience and for customs purposes only and are not
dispositive, but rather the written description of the scope of this
investigation is dispositive.
Domestic Like Product
Section 771(10) of the Tariff Act of 1930, as amended (the Act),
defines the domestic like product as ``a product which is like, or in
the absence of like, most similar in characteristics and uses with the
article subject to investigation.'' Thus, the reference point from
which the domestic like product analysis begins is ``the article
subject to investigation,'' i.e., the class or kind of merchandise to
be investigated, which normally will be the scope as defined in the
petition.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that the Department's industry support determination be based
on whether a minimum percentage of the relevant industry supports the
petition. A petition meets this requirement if the domestic producers
or workers who support the petition account for: (1) At least 25
percent of the total production of the domestic like product; and (2)
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act
provides that, if the petition does not establish support of domestic
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, the Department shall: (1) Poll
the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(2) determine industry support using a statistically valid sampling
method to poll the industry.
Request for Information
In the instant case, we have received challenges to industry
support from U.S. producers and need to determine the production
quantities and levels of imports of U.S. producers, as well as the
relationships between U.S. and foreign producers, in order to evaluate
the calculation of industry support in the petition. Because the
petition has not established that domestic producers or workers
accounting for more than 50 percent of the total production of the
domestic like product support the petition, we must ``poll or otherwise
determine industry support for the petition by the industry.''
In accordance with section 732(c)(4)(D) of the Act and in order to
determine whether the petition establishes support of domestic
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, we are hereby requesting that
all domestic producer/manufacturers of certain orange juice submit to
the Department a response to the questions posted on Import
Administration's Web site: https://ia.ita.doc.gov.
Filing Requirements
Given the very short period in which we must determine industry
support, the number of potential responses, and the fact that industry
support may not be re-examined after initiation, we are waiving the
filing requirements set forth in 19 C.F.R Sec. 351.303 for certain
parties submitting information on industry support. This waiver of the
filing requirements will not apply to: 1) the submission of documents
that are not in response to the information requested in this notice;
or 2) parties that are familiar with the conduct of antidumping and
countervailing proceedings through prior involvement in such
proceedings (e.g., parties represented by law firms that are involved
in other AD/CVD cases).
This limited waiver is applicable only until January 26, 2005, the
deadline for submitting the information requested in this notice. This
waiver is intended to expedite the receipt of information that is
essential to our analysis of industry support by providing information
on the production of the domestic like product by petitioning and non-
petitioning companies. By avoiding delays in the receipt of such
information, we will have more time to analyze whether the statutory
requirements concerning industry support for the above-referenced
petitions have been met.
All parties submitting any information must include the following
statement in their response: ``I, (name and title), currently employed
by (person), certify that (1) I have read the attached submission, and
(2) based on the information made available to me by (person), I have
no reason to believe that this submission contains any material
misrepresentation or omission of fact.'' All information received by
the Department will be treated as business proprietary information as
outlined in our regulations (19 CFR 351.304-306), unless otherwise
noted. Please note that all company names will be treated as public
information. In addition, note that all business proprietary documents
received by the Department in response to this notice will be served to
those individuals with access to business proprietary information under
the Administrative Protective Order (APO). All public documents may be
made available to those parties on the public service list. The APO
service lists and the public service lists are available on Import
Administration's Web site: https://ia.ita.doc.gov.
Information submitted to the Department in response to this notice
should be faxed to the following number: 202-482-4776. Furthermore, all
such information will be placed on the official record of the
proceeding. Responses to this notice are due no later than January 26,
2005. Responses after this date may not be reviewed by the Department
and therefore, not included in the analysis.
Extension of Time
Section 732(c)(1)(A)(ii) of the Act provides that within 20 days of
the filing of an antidumping duty petition, the Department will
determine, inter alia, whether the petition has been filed by or on
behalf of the U.S. industry producing the domestic like product.
Section 732(c)(1)(B) provides that the deadline for the initiation
determination can be extended by 20 days in any case in which the
Department must ``poll or
[[Page 3512]]
otherwise determine support for the petition by the industry . . . .''
We will require additional information from the petitioners and the
domestic producers of certain orange juice in order to make our
determination regarding industry support and/or time to analyze the
petitioners' responses to our requests for information. See the
``Determination of Industry Support for the Petition'' section of this
notice, above. Therefore, it is necessary to extend the deadline for
decision on initiation for a period not to exceed 40 days from the
filing of the petition. As a result, the initiation determination is
due no later than February 7, 2005.
International Trade Commission (ITC) Notification
Because the Department has extended the deadline of the initiation
determination, the Department will contact the ITC and will make this
extension notice available to the ITC.
Dated: January 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-1355 Filed 1-24-05; 8:45 am]
BILLING CODE: 3510-DS-P