[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Notices]
[Pages 56327-56328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27293]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-331-602]
Certain Fresh Cut Flowers From Ecuador: Final Results of Changed-
Circumstances Antidumping Duty Administrative Review; Revocation of
Order; Termination of Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed-circumstances antidumping
duty administrative review, revocation of antidumping duty order, and
termination of administrative reviews.
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SUMMARY: On September 9, 1999, the Department of Commerce published a
notice of initiation of a changed-circumstances antidumping duty
administrative review and preliminary results of review with intent to
revoke the order on certain fresh cut flowers from Ecuador. We are now
revoking this order, retroactive to March 1, 1997, based on the fact
that domestic interested parties no longer have an interest in
maintaining the antidumping duty order.
EFFECTIVE DATE: October 19, 1999.
FOR FURTHER INFORMATION CONTACT: Suzanne Flood or Edythe Artman, Office
of AD/CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0665
or (202) 482-3931, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 56328]]
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are to the regulations codified at 19 CFR
part 351 (1998).
Background
On August 27, 1999, Timothy Haley, president of the Floral Trade
Council (FTC), the FTC, and the FTC's Committees on Standard
Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums (the
Committees) requested that the Department conduct a changed-
circumstances administrative review to revoke the antidumping duty
order on certain fresh cut flowers from Ecuador, retroactive to March
1, 1997. The FTC and the Committees stated that they no longer have an
interest in maintaining the antidumping duty order.
We preliminarily determined that the affirmative statement of no
interest by the FTC and the Committees constituted changed
circumstances sufficient to warrant revocation of this order. On
September 9, 1999, we published a notice of initiation of a changed-
circumstances antidumping duty administrative review and preliminary
results of review with intent to revoke the order (64 FR 48981). We
invited interested parties to comment on the preliminary results of
this changed-circumstances review.
The only comment that we received was a September 23, 1999,
statement from Expoflores, an association of Ecuadorian flower
producers and exporters, Claveles de la Montana, S.A., Floricultura
Ecuaclavel S.A., Agritab Cia. Ltda., Florisol Cia. Ltda., and Flores
del Quinche S.A. (The five companies are respondents in the
administrative review covering the period March 1, 1997, through
February 28, 1998.) In this statement, these parties expressed their
support for the changed-circumstances review and requested that the
Department revoke the order with respect to all merchandise entered, or
withdrawn from warehouse, for consumption on or after March 1, 1997.
Scope of Review
The products covered by this changed-circumstances review are
certain fresh cut flowers from Ecuador including standard carnations,
standard chrysanthemums, and pompon chrysanthemums. These products are
currently classifiable under item numbers 0603.10.70.10, 0603.10.70.20,
and 0603.10.70.30, respectively, of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS item numbers are provided
for convenience and customs purposes, the Department's written
description of the scope remains dispositive.
The changed-circumstances review covers all producers and exporters
of certain fresh cut flowers from Ecuador.
Final Results of Changed-Circumstances Antidumping Duty
Administrative Review; Revocation of Order
Pursuant to section 751(d)(1) of the Act, the Department may
revoke, in whole or in part, an antidumping duty order based on a
review under section 751(b) of the Act (i.e., a changed-circumstances
review). Section 751(b)(1) of the Act requires that a changed-
circumstances administrative review be conducted upon receipt of a
request containing sufficient information concerning changed
circumstances. The Department's regulations at 19 CFR 351.216(d)
require the Department to conduct a changed-circumstances
administrative review in accordance with 19 CFR 351.221 if it decides
that changed circumstances exist that are sufficient to warrant a
review. Section 782(h)(2) of the Act and Sec. 351.222(g)(1)(i) of the
Department's regulations provide further that the Department may revoke
an order, in whole or in part, if it concludes that the order under
review is no longer of interest to domestic interested parties.
The FTC and its Committees are domestic interested parties as
defined by section 771(9)(E) of the Act and 19 CFR 351.102(b). Based on
the affirmative statement by the FTC and the Committees of no interest
in the continued application of the order and based on the fact that no
other domestic interested parties objected to or otherwise commented on
our preliminary results of this review, we determine that there are
changed circumstances sufficient to warrant revocation of the order.
Therefore, the Department is revoking the antidumping duty order on
certain fresh cut flowers from Ecuador, retroactive to March 1, 1997.
In accordance with 19 CFR 351.222(g)(4), we will instruct the
Customs Service to end the suspension of liquidation and to refund any
estimated antidumping duties collected for all unliquidated entries of
certain fresh cut flowers from Ecuador entered or withdrawn from
warehouse on or after March 1, 1997. We will also instruct the Customs
Service to pay interest on such refunds in accordance with section 778
of the Act.
Termination of Administrative Reviews
As the result of the revocation, the Department is terminating the
administrative reviews covering the following periods: March 1, 1997,
through February 28, 1998 (initiated on April 24, 1998 (63 FR 20378));
March 1, 1998, through February 28, 1999 (initiated on April 30, 1999
(64 FR 23269)).
This changed-circumstances administrative review, revocation of the
antidumping duty order, termination of administrative reviews, and
notice are in accordance with sections 751(b), 751(d) and 782(h)(2) of
the Act and 19 CFR 351.216 and 351.222.
Dated: October 13, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-27293 Filed 10-18-99; 8:45 am]
BILLING CODE 3510-DS-P
