AD: Canada Live Swine

As a result, (except for subject swine produced and exported by Hytek) the ITA will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation for all imports of subject swine from Canada with a time of entry on or after October 20, 2004.

The ITA states that it will also instruct CBP to require a cash deposit or the posting of a bond (except for subject swine produced and exported by Hytek) at the AD rate (equal to the weighted-average margin) listed below, for imports of subject merchandise with a time of entry on or after October 20, 2004:

(a) the preliminary AD rate for Hytek is 0.38%, which is de minimis. Liquidation will not be suspended, nor will an AD bond or cash deposit be required for subject merchandise produced and exported by Hytek.

Postponement of Final AD Duty Determination

The ITA states that it is postponing its final AD duty determination for subject merchandise from Canada until no later than 135 days after October 20, 2004 and is extending the suspension of liquidation until no longer than six months.

In an associated fact sheet, the ITA states that the due date for the final AD duty determination as well as the final determination in the companion countervailing (CV) duty determination, is on or about March 7, 2005.

Revised Scope of Investigation

According to the ITA, it has preliminarily revised the scope of this investigation (as well as the companion CV duty investigation) as follows:

Coverage: The products covered by this investigation are all live swine from Canada except breeding 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.

HTS subheadings: This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings HTS 0103.91.0010, 0103.91.0020, 0103.91.0030, 0103.92.0010, and 0103.92.0090.

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

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.

(See ITA notice for more information. See ITT's Online Archives or 04/19/04 news, 04041950 for BP summary of initiation of this AD investigation, as well as the companion countervailing (CV) duty investigation. See ITT's Online Archives or 08/11/04 news, 04081145 for BP summary of postponement of preliminary AD determination. See ITT's Online Archives or 08/24/04 news, 04082420 for BP summary of preliminary negative CV determination on subject merchandise.)

ITA notice (FR Pub 10/20/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/E4-2731.pdf

ITA Fact Sheet, available at http://www.ita.doc.gov/media/FactSheet/1004/swine_101504.htmlhttp://www.ita.doc.gov/media/FactSheet/1004/swine_101504.html