Fresh Tomatoes From Mexico; Resumption of the Final Phase of an Anti-Dumping Duty Investigation, 27805-27806 [2019-12535]
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Federal Register / Vol. 84, No. 115 / Friday, June 14, 2019 / Notices
public interest comments from the
public only. Parties are to file public
interest submissions pursuant to
Commission rules.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and will be
available for inspection during official
business hours (8:45 a.m. to 5:15 p.m.)
in the Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 provides
that if the Commission finds a violation
it shall exclude the articles concerned
from the United States:
jbell on DSK3GLQ082PROD with NOTICES
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
States economy, the production of like or
directly competitive articles in the United
States, and United States consumers, it finds
that such articles should not be excluded
from entry.
19 U.S.C. 1337(d)(1). A similar
provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
On June 4, 2019, the administrative
law judge (‘‘ALJ’’) issued the Initial
Determination on Violation of Section
337 and Recommended Determination
on Remedy and Bond. The
Recommended Determination
recommends that the Commission issue
a limited exclusion order as to the
infringing set-top boxes, subject to a
certification provision that would allow
importation should Comcast implement
the redesigns adjudicated not to
infringe. The ALJ also recommended the
issuance of cease and desist orders, and
further recommended zero bond during
the Presidential review period.
The Commission is interested in
further development of the record on
the public interest in these
investigations. Accordingly, parties are
to file public interest submissions
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17:04 Jun 13, 2019
Jkt 247001
pursuant to pursuant to 19 CFR
210.50(a)(4). In addition, members of
the public are hereby invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the ALJ’s Recommended Determination.
Comments should address whether
issuance of a limited exclusion order
and cease and desist orders in this
investigation directed to respondents’
infringing products would affect the
public health and welfare in the United
States, competitive conditions in the
United States economy, the production
of like or directly competitive articles in
the United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
orders are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the recommended
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the limited exclusion
order and cease and desist orders would
impact consumers in the United States.
Written submissions from the public
must be filed no later than by close of
business on July 8, 2019.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1050’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/documents/handbook_on_
filing_procedures.pdf). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
PO 00000
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Fmt 4703
Sfmt 4703
27805
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
Issued: June 7, 2019.
By order of the Commission.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2019–12522 Filed 6–13–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–747 (Final)]
Fresh Tomatoes From Mexico;
Resumption of the Final Phase of an
Anti-Dumping Duty Investigation
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the resumption of the final
phase of antidumping investigation No.
731–TA–747 (Final) pursuant to the
Tariff Act of 1930 (‘‘the Act’’) to
determine whether an industry in the
United States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of fresh tomatoes from
Mexico preliminarily determined by the
Department of Commerce (‘‘Commerce’’)
to be sold at less than fair value
(‘‘LTFV’’).1
SUMMARY:
1 For purposes of this investigation, Commerce
has defined the subject merchandise as all fresh or
chilled tomatoes (fresh tomatoes) which have
Mexico as their origin, except for those tomatoes
which are for processing. Processing is defined to
include preserving by any commercial process,
such as canning, dehydrating, drying, or the
addition of chemical substances, or converting the
tomato product into juices, sauces, or purees. Fresh
tomatoes that are imported for cutting up, not
further processing (e.g., tomatoes used in the
preparation of fresh salsa or salad bars), are covered
by the investigation.
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27806
DATES:
Federal Register / Vol. 84, No. 115 / Friday, June 14, 2019 / Notices
May 7, 2019.
FOR FURTHER INFORMATION CONTACT:
jbell on DSK3GLQ082PROD with NOTICES
Christopher W. Robinson ((202) 205–
2542), 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 (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On April 1, 1996, the
Commission instituted a preliminary
antidumping investigation in response
to a petition filed by the Florida Tomato
Growers Exchange, Orlando, FL; Florida
Fruit and Vegetable Association,
Orlando, FL; Florida Farm Bureau
Federation, Gainesville, FL; South
Carolina Tomato Association, Inc.,
Charleston, SC; Gadsden County
Tomato Growers Association, Inc.,
Quincy, FL; Accomack County Farm
Bureau, Accomack, VA; Florida Tomato
Exchange, Orlando, FL; Bob Crawford,
Commissioner of Agriculture, Florida
Department of Agriculture and
Consumer Services, Tallahassee, FL;
and the Ad Hoc Group of Florida,
California, Georgia, Pennsylvania, South
Carolina, Tennessee, and Virginia
Tomato Growers (61 FR 15968, April 10,
1996). On May 16, 1996, the
Commission notified Commerce of its
affirmative preliminary injury
determination (61 FR 28891, June 6,
1996). On October 28, 1996, Commerce
preliminarily determined that imports
of fresh tomatoes from Mexico were
being sold at LTFV in the United States
(61 FR 56608, November 1, 1996). Also
Commercially grown tomatoes, both for the fresh
market and for processing, are classified as
Lycopersicon esculentum. Important commercial
varieties of fresh tomatoes include common round,
cherry, grape, plum, greenhouse, and pear tomatoes,
all of which are covered by this investigation.
Tomatoes imported from Mexico covered by this
investigation are classified under the following
subheading of the Harmonized Tariff Schedule of
the United States (HTSUS), according to the season
of importation: 0702. Although the HTSUS numbers
are provided for convenience and customs
purposes, the written description of the scope of
this investigation is dispositive.
Fresh Tomatoes from Mexico: Termination of
Suspension Agreement, Rescission of
Administrative Review, and Continuation of the
Antidumping Duty Investigation. 84 FR 20858,
20860 May 13, 2019.
VerDate Sep<11>2014
17:04 Jun 13, 2019
Jkt 247001
on October 28, 1996, Commerce and
certain growers/exporters of fresh
tomatoes from Mexico signed a final
suspension agreement (61 FR 56618,
November 1, 1996). Accordingly,
effective November 1, 1996, the
Commission suspended its antidumping
investigation (61 FR 58217, November
13, 1996).
On October 1, 2001, Commerce
initiated and the Commission instituted
their first five-year reviews to determine
whether termination of the suspended
investigation on fresh tomatoes from
Mexico would likely lead to a
continuation or recurrence of material
injury (66 FR 49926, 66 FR 49975). On
July 30, 2002, Commerce terminated the
suspension agreement and its first
review and resumed its antidumping
investigation (67 FR 50858, August 6,
2002). Accordingly, the Commission
terminated its first review on July 30,
2002 (67 FR 53361, August 15, 2002)
and resumed its antidumping
investigation (67 FR 56854, September
5, 2002). On December 16, 2002,
Commerce and the Commission
suspended their resumed antidumping
investigations when Commerce signed a
new suspension agreement with certain
growers/exporters of fresh tomatoes
from Mexico (67 FR 77044; 67 FR
78815, December 26, 2002).
On November 1, 2007, Commerce
initiated and the Commission instituted
their second five-year reviews of the
suspended investigation (72 FR 61861,
72 FR 61905). Commerce terminated the
suspension agreement and its second
review and resumed its antidumping
investigation, effective January 18, 2008
(73 FR 2887, January 16, 2008). The
Commission consequently terminated
its second review of the suspended
investigation and resumed its
antidumping investigation, effective
January 18, 2008 (73 FR 5869, January
31, 2008). The antidumping
investigation was suspended effective
January 22, 2008, when Commerce
signed a new suspension agreement
with certain growers/exporters of fresh
tomatoes from Mexico (73 FR 4831,
January 28, 2008; 73 FR 7762, February
11, 2008).
On December 3, 2012, Commerce
initiated and the Commission instituted
their third five-year reviews of the
suspended investigation (77 FR 71684,
77 FR 71629). On March 1, 2013,
Commerce terminated the suspension
agreement and its third review and
resumed its antidumping investigation
(78 FR 14771, March 7, 2013). On March
4, 2013, the Commission terminated its
third review and resumed its
antidumping investigation (78 FR
16529, March 15, 2013). Also on March
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
4, 2013, Commerce signed a new
suspension agreement with certain
grower/exporters of fresh tomatoes from
Mexico and suspended its antidumping
investigation (78 FR 14967, March 8,
2013). Effective March 4, 2013, the
Commission suspended its antidumping
investigation (78 FR 16529, March 15,
2013).
On February 1, 2018, Commerce
initiated and the Commission instituted
their fourth five-year reviews of the
suspended investigation (83 FR 4641, 83
FR 4676). On May 7, 2019, Commerce
terminated the suspension agreement
and resumed its antidumping
investigation (84 FR 20858, May 13,
2019). Effective May 7, 2019, the
Commission terminated its fourth
review (84 FR 21360, May 14, 2019) and
has resumed its antidumping
investigation.
A schedule for the final phase of this
investigation will be issued at a later
date.
Authority: This investigation is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: June 10, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–12535 Filed 6–13–19; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Bureau of Labor Statistics
Information Collection Activities;
Comment Request
Bureau of Labor Statistics,
Department of Labor.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. The Bureau of Labor
Statistics (BLS) is soliciting comments
SUMMARY:
E:\FR\FM\14JNN1.SGM
14JNN1
]]>Agencies
[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27805-27806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12535]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-747 (Final)]
Fresh Tomatoes From Mexico; Resumption of the Final Phase of an
Anti-Dumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the resumption of the
final phase of antidumping investigation No. 731-TA-747 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of fresh tomatoes
from Mexico preliminarily determined by the Department of Commerce
(``Commerce'') to be sold at less than fair value (``LTFV'').\1\
---------------------------------------------------------------------------
\1\ For purposes of this investigation, Commerce has defined the
subject merchandise as all fresh or chilled tomatoes (fresh
tomatoes) which have Mexico as their origin, except for those
tomatoes which are for processing. Processing is defined to include
preserving by any commercial process, such as canning, dehydrating,
drying, or the addition of chemical substances, or converting the
tomato product into juices, sauces, or purees. Fresh tomatoes that
are imported for cutting up, not further processing (e.g., tomatoes
used in the preparation of fresh salsa or salad bars), are covered
by the investigation.
Commercially grown tomatoes, both for the fresh market and for
processing, are classified as Lycopersicon esculentum. Important
commercial varieties of fresh tomatoes include common round, cherry,
grape, plum, greenhouse, and pear tomatoes, all of which are covered
by this investigation.
Tomatoes imported from Mexico covered by this investigation are
classified under the following subheading of the Harmonized Tariff
Schedule of the United States (HTSUS), according to the season of
importation: 0702. Although the HTSUS numbers are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Fresh Tomatoes from Mexico: Termination of Suspension Agreement,
Rescission of Administrative Review, and Continuation of the
Antidumping Duty Investigation. 84 FR 20858, 20860 May 13, 2019.
---------------------------------------------------------------------------
[[Page 27806]]
---------------------------------------------------------------------------
DATES: May 7, 2019.
FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson ((202) 205-
2542), 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 (https://www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On April 1, 1996, the Commission instituted a
preliminary antidumping investigation in response to a petition filed
by the Florida Tomato Growers Exchange, Orlando, FL; Florida Fruit and
Vegetable Association, Orlando, FL; Florida Farm Bureau Federation,
Gainesville, FL; South Carolina Tomato Association, Inc., Charleston,
SC; Gadsden County Tomato Growers Association, Inc., Quincy, FL;
Accomack County Farm Bureau, Accomack, VA; Florida Tomato Exchange,
Orlando, FL; Bob Crawford, Commissioner of Agriculture, Florida
Department of Agriculture and Consumer Services, Tallahassee, FL; and
the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South
Carolina, Tennessee, and Virginia Tomato Growers (61 FR 15968, April
10, 1996). On May 16, 1996, the Commission notified Commerce of its
affirmative preliminary injury determination (61 FR 28891, June 6,
1996). On October 28, 1996, Commerce preliminarily determined that
imports of fresh tomatoes from Mexico were being sold at LTFV in the
United States (61 FR 56608, November 1, 1996). Also on October 28,
1996, Commerce and certain growers/exporters of fresh tomatoes from
Mexico signed a final suspension agreement (61 FR 56618, November 1,
1996). Accordingly, effective November 1, 1996, the Commission
suspended its antidumping investigation (61 FR 58217, November 13,
1996).
On October 1, 2001, Commerce initiated and the Commission
instituted their first five-year reviews to determine whether
termination of the suspended investigation on fresh tomatoes from
Mexico would likely lead to a continuation or recurrence of material
injury (66 FR 49926, 66 FR 49975). On July 30, 2002, Commerce
terminated the suspension agreement and its first review and resumed
its antidumping investigation (67 FR 50858, August 6, 2002).
Accordingly, the Commission terminated its first review on July 30,
2002 (67 FR 53361, August 15, 2002) and resumed its antidumping
investigation (67 FR 56854, September 5, 2002). On December 16, 2002,
Commerce and the Commission suspended their resumed antidumping
investigations when Commerce signed a new suspension agreement with
certain growers/exporters of fresh tomatoes from Mexico (67 FR 77044;
67 FR 78815, December 26, 2002).
On November 1, 2007, Commerce initiated and the Commission
instituted their second five-year reviews of the suspended
investigation (72 FR 61861, 72 FR 61905). Commerce terminated the
suspension agreement and its second review and resumed its antidumping
investigation, effective January 18, 2008 (73 FR 2887, January 16,
2008). The Commission consequently terminated its second review of the
suspended investigation and resumed its antidumping investigation,
effective January 18, 2008 (73 FR 5869, January 31, 2008). The
antidumping investigation was suspended effective January 22, 2008,
when Commerce signed a new suspension agreement with certain growers/
exporters of fresh tomatoes from Mexico (73 FR 4831, January 28, 2008;
73 FR 7762, February 11, 2008).
On December 3, 2012, Commerce initiated and the Commission
instituted their third five-year reviews of the suspended investigation
(77 FR 71684, 77 FR 71629). On March 1, 2013, Commerce terminated the
suspension agreement and its third review and resumed its antidumping
investigation (78 FR 14771, March 7, 2013). On March 4, 2013, the
Commission terminated its third review and resumed its antidumping
investigation (78 FR 16529, March 15, 2013). Also on March 4, 2013,
Commerce signed a new suspension agreement with certain grower/
exporters of fresh tomatoes from Mexico and suspended its antidumping
investigation (78 FR 14967, March 8, 2013). Effective March 4, 2013,
the Commission suspended its antidumping investigation (78 FR 16529,
March 15, 2013).
On February 1, 2018, Commerce initiated and the Commission
instituted their fourth five-year reviews of the suspended
investigation (83 FR 4641, 83 FR 4676). On May 7, 2019, Commerce
terminated the suspension agreement and resumed its antidumping
investigation (84 FR 20858, May 13, 2019). Effective May 7, 2019, the
Commission terminated its fourth review (84 FR 21360, May 14, 2019) and
has resumed its antidumping investigation.
A schedule for the final phase of this investigation will be issued
at a later date.
Authority: This investigation is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 10, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-12535 Filed 6-13-19; 8:45 am]
BILLING CODE 7020-02-P
