69 FR 61799, October 21, 2004
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-848]
Preliminary Results of Countervailing Duty Expedited Review:
Hard Red Spring Wheat From Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of countervailing duty expedited
review.
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SUMMARY: The Department of Commerce is conducting an expedited review
of the countervailing duty order on hard red spring wheat from Canada
for the period August 1, 2001, through July 31, 2002. The Department
preliminarily determines that countervailable subsidies were not
provided to Richelain Farms. Interested parties are invited to comment
on these preliminary results.
EFFECTIVE DATE: October 21, 2004.
FOR FURTHER INFORMATION CONTACT: Daniel J. Alexy or Stephen Cho, AD/CVD
Operations Office I, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1540 or (202) 482-3798.
SUPPLEMENTARY INFORMATION:
Petitioner
The petitioner is the North Dakota Wheat Commission, one of the
participating petitioners in the investigation.
Period of Review
The period of review for this expedited review is the same period
as the investigation: August 1, 2001, to July 31, 2002, which coincides
with the fiscal year of the Canadian Wheat Board (``CWB''). See 19 CFR
351.204(b)(2); 19 CFR 351.214(k)(3)(i).
Background
On September 5, 2003, the Department of Commerce (``the
Department'') published the Final Affirmative Countervailing Duty
Determinations: Certain Durum Wheat and Hard Red Spring Wheat from
Canada (68 FR 52747), and on October 23, 2003, the Department published
the countervailing duty order on Hard Red Spring Wheat (``HRSW'') (68
FR 60642). On November 18, 2003, the Department received a request from
Richelain Farms (``Richelain'') to conduct an expedited review of the
HRSW countervailing duty order. Richelain, a company that was not
selected for individual examination during the investigation, made this
request pursuant to 19 CFR 351.214(k).
On December 31, 2003, the Department initiated the expedited
review. Hard Red Spring Wheat From Canada: Initiation of Expedited
Review of the Countervailing Duty Order (``Initiation Notice'') (68 FR
75490). We sent questionnaires to Richelain Farms and the Government of
Canada on February 13, 2004. We received questionnaire responses from
Richelain and the Government of Canada on March 25, 2004. On June 3 and
4, and August 26, 2004, we verified Richelain's questionnaire
responses. On June 24, 2004, the Department postponed the deadline for
the preliminary determination. See Hard Red Spring Wheat from Canada:
Notice of Extension of Time Limit for Countervailing Duty Expedited
Review, 69 FR 35329.
Scope of Review
For purposes of this expedited review, the products covered are all
varieties of hard red spring (``HRSW'') wheat from
[[Page 61800]]
Canada. This includes, but is not limited to, varieties commonly
referred to as Canada Western Red Spring, Canada Western Extra Strong,
and Canada Prairie Spring Red. The merchandise subject to this
investigation is currently classifiable under the following Harmonized
Tariff Schedule of the United States (``HTSUS'') subheadings:
1001.90.10.00, 1001.90.20.05, 1001.90.20.11, 1001.90.20.12,
1001.90.20.13, 1001.90.20.14, 1001.90.20.16, 1001.90.20.19,
1001.90.20.21, 1001.90.20.22, 1001.90.20.23, 1001.90.20.24,
1001.90.20.26, 1001.90.20.29, 1001.90.20.35, and 1001.90.20.96. This
investigation does not cover imports of wheat that enter under the
subheadings 1001.90.10.00 and 1001.90.20.96 that are not classifiable
as hard red spring wheat. Although the HTSUS subheadings are provided
for convenience and customs purposes, our written description of the
scope of this proceeding is dispositive.
Verification
In accordance with 19 CFR 351.214(k)(3)(iv), we verified
information submitted by respondent Richelain. See Verification of
Richelain Farms in the Countervailing Duty Expedited Review of Hard Red
Spring Wheat from Canada dated October 8, 2004 (``Verification
Report''). This verification was concluded on August 26, 2004, in
Quebec, Canada.
Preliminary Results of Expedited Review
The Canadian Wheat Board (``CWB'') represents Western Canadian
wheat producers who want to sell their wheat in the global wheat
market. The CWB enjoys certain powers and rights similar to those of
government agencies; under the Canadian Wheat Board Act, the CWB is a
single-desk seller of all ``Western Division'' grain. According to the
Canada Transportation Act, ``Western Division'' means the part of
Canada lying west of the meridian passing through the eastern boundary
of the City of Thunder Bay, including the whole of the Province of
Manitoba.
In the investigation, we determined that the CWB benefitted from
two countervailable subsidies programs: ``Provision of Government-Owned
and Leased Railcars'' and ``Comprehensive Financial Risk Coverage: The
Borrowing, Lending, and Initial Payment Guarantees.'' In its
questionnaire response, Richelain, which is located in Quebec, reported
that it never benefitted from the subsidies programs found
countervailable in the investigation. Furthermore, Richelain reported
that it has never purchased or exported CWB wheat, and that it has no
business relationship with the CWB.
At verification, the Department did not find any evidence that
Richelain received subsidies from the programs found countervailable in
the investigation. The Department also found no indication of any
relationship between Richelain and the CWB, or that Richelain exported
CWB-sourced wheat to the United States. See Verification Report.
Accordingly, the Department preliminarily determines that Richelain has
not benefitted from any of the investigated subsidies.
In accordance with 19 CFR 351.221(b)(4)(i), the calculated
individual subsidy rate for Richelain, the only respondent subject to
this expedited review, is zero. Accordingly, pursuant to 19 CFR
351.214(k)(3)(iv), we preliminarily determine that Richelain should be
excluded from the countervailing duty order.
Public Comment
Pursuant to 19 CFR 351.309, interested parties may submit written
comments in response to these preliminary results. Case briefs must be
received by the Department within 30 days after the date of publication
of this notice, and rebuttal briefs, limited to arguments raised in
case briefs, must be received no later than five days after the time
limit for filing case briefs. Parties who submit argument in this
proceeding are requested to submit with the argument: (1) A statement
of the issue, and (2) a brief summary of the argument. Case and
rebuttal briefs must be served on interested parties in accordance with
19 CFR 351.303(f).
In accordance with section 774 of the Act, we will hold a public
hearing, if requested, to afford interested parties an opportunity to
comment on arguments raised in case or rebuttal briefs. Interested
parties who wish to request a hearing, or to participate if one is
requested, must submit a written request to the Assistant Secretary for
Import Administration, U.S. Department of Commerce, Room 1870, within
30 days of the date of publication of this notice. See 19 CFR
351.310(c). Requests should contain (1) the party's name, address, and
telephone number, (2) the number of participants, and (3) a list of the
issues to be discussed. At the hearing, each party may make an
affirmative presentation only on issues raised in that party's case
brief and may make rebuttal presentations only on arguments included in
that party's rebuttal brief. See 19 CFR 351.310(c).
Interested parties that seek access to business proprietary
information must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. The
Department will include the results of its analysis of issues raised in
any case or rebuttal briefs in the final results of this expedited
review.
This expedited review and notice is issued and published in
accordance with section 751(a)(1) and 777(i)(1) of the Act (19 U.S.C.
1675(a)(1) and 19 U.S.C. 1677(f)(i)).
Dated: October 15, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. E4-2787 Filed 10-20-04; 8:45 am]