CV: Canada Live Swine

As a result of this negative preliminary CV duty determination, the ITA is not directing U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of live swine from Canada, or to require a CV cash deposit or bond for entries of such merchandise.

Preliminarily Revised Scope of Investigation

According to the ITA, it has also preliminarily revised the scope of this investigation as follows:

Coverage: The merchandise covered by this investigation is all live swine from Canada except breeding stock swine. Live swine are defined as four-legged, monogastric (single-chambered stomach), litter-bearing (litters typically range from 8 to 12 animals), of the species sus scrofa domesticus.

(Previously only USDA certified purebred breeding swine was excluded.)

HTS subheadings: This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 0103.91.00 and 0103.92.00.

Although the HTSUS headings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.

(The HTS numbers are now listed at the 8-digit level. Previously the HTS numbers were listed at the 10-digit level as HTS 0103.91.0010, 0103.91.0020, 0103.91.0030, 0103.92.0010, and 0103.92.0090.)

Exclusion. Specifically excluded from this scope are breeding stock, including U.S. Department of Agriculture (USDA) certified purebred breeding stock and all other breeding stock. The designation of the product as "breeding stock" indicates the acceptability of the product for use as breeding live swine. This designation is presumed to indicate that these products are being used for breeding stock only. However, should the petitioners or other interested parties provide a reasonable basis to believe or suspect that there exists a pattern of importation of such products for other than this application, end-use certification for the importation of such products may be required.

(This exclusion language is newly added to the preliminarily revised scope of this investigation.)

Final CV Determination Aligned with Companion Final AD Determination

The ITA is also aligning the final determination in this investigation with the final determination in the companion antidumping (AD) duty investigation of live swine from Canada. The final determinations in both the CV and AD investigations are now currently scheduled for December 28, 2004.

Petitioners Submit Request to ITC for New HTS Breakout

Moreover, on July 30, 2004, the ITA notes that petitioners submitted a request to the International Trade Commission (ITC) to modify the HTS by adding a statistical breakout that would separately report imports of breeding animals other than purebred breeding animals, allowing the domestic industry to monitor the import trends of hybrid breeding stock.

(See ITA notice for more information. See ITT's Online Archives or 04/19/04 news, 04041950, for BP summary of the initiation of the CV and AD investigations on live swine from Canada. See ITT's Online Archives or 05/27/04 news, 04052740, for BP summary of the postponement of the preliminary CV duty determination in this investigation.)

• ITA final CV determination due by 12/28/04
• ITC final injury determination due within 75 days after ITA final determination

ITA notice available at

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19278.pdf.

ITA fact sheet available at www.ita.doc.gov/media/FactSheet/0804/swine_081704.html.

BP Note

The ITA states that it has similarly preliminarily revised the scope of the companion AD duty investigation. The preliminary determination for this companion AD duty investigation is due by October 14, 2004. (See ITT's Online Archives or 08/11/04 news, 04081145 for BP summary on the postponement of the preliminary AD duty determination for live swine from Canada.)