[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Page 9175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5033]
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DEPARTMENT OF COMMERCE
[A-301-602]
Certain Fresh Cut Flowers From Colombia; Notice of Final Court
Decision and Amended Final Results of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
administrative review.
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SUMMARY: On September 28, 1995, the U.S. Court of Appeals for the
Federal Circuit upheld the Department of Commerce's (the Department's)
use of constructed value (CV) instead of third-country prices, for the
purpose of determining foreign market value, and the Department's use
of monthly average U.S. prices (USPs), instead of annual average USPs
for the purpose of determining dumping margins. See Floral Trade
Council v. United States, Slip Op., Ct. Nos. 94-1019, 94-1020 (Fed.
Cir. Sept. 28, 1995). As there is now a final and conclusive court
decision in this action, we are amending our final results of review in
this matter and we will subsequently instruct the U.S. Customs Service
to liquidate entries subject to this review.
EFFECTIVE DATE: February 28, 1997.
FOR FURTHER INFORMATION CONTACT:
Mark Ross or Richard Rimlinger, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 1990, the Department published its final results of
administrative review of certain fresh cut flowers from Colombia for
the period March 1, 1988 through February 28, 1989. See Certain Fresh
Cut Flowers From Colombia; Final Results of Antidumping Duty
Administrative Review, 55 FR 20491 (May 17, 1990). Subsequently, a
domestic association and a number of reviewed companies filed lawsuits
with the United States Court of International Trade (CIT) challenging
the final results. Thereafter, the CIT issued an order and opinion,
remanding several issues to the Department. See Floral Trade Council v.
United States, 775 F. Supp. 1492 (CIT 1991). The CIT instructed the
Department to: (1) Collect actual cost data from eleven companies for
which the Department had not previously requested cost data for purpose
of calculating CV; (2) make a credit adjustment to CV for five
companies; (3) include street vendor sales in the inland freight
calculation for Floral Ltda. Exportaciones Bochica; (4) adjust USP for
Dianticola Colombiana to include revenues deposited by the firm's
consignment agent into a United States bank on Dianticola Colombiana's
behalf; (5) correct a clerical error concerning calculation of CV for
Flores el Trentino, and (6) normalize costs to account for low yields
suffered by Florandia/Herrera-Camacho. The Department filed its remand
results on May 5, 1992.
On April 22, 1993, the CIT issued a second remand to the Department
to allow preproduction expenses incurred by Flores Condor de Colombia
to be amortized. See Floral Trade Council v. United States, Slip Op.
93-57 (CIT Apr. 23, 1993). The Department filed the results of this
second remand on June 14, 1993. On July 22, 1993, the CIT rendered its
final judgment. See Floral Trade Council v. United States, Slip Op. 93-
135 (CIT July 23, 1993). Subsequently, appeals were filed by both
domestic and foreign parties.
On September 28, 1995, the U.S. Court of Appeals for the Federal
Circuit upheld the Department's use of CV, instead of third-country
prices, for purpose of determining foreign market value, and the
Department's use of monthly average USPs, instead of annual average
USPs, for purpose of determining antidumping margins. See Floral Trade
Council v. United States, Slip Op., Ct. Nos. 94-1019, 94-1020 (Fed.
Cir. Sept. 28, 1995).
As there is now a final and conclusive court decision in this
action, we are amending our final results of review in this matter and
we will subsequently instruct the U.S. Customs Service to liquidate
entries subject to this review.
Amendment to Final Result of Review
Pursuant to 19 U.S.C. 1516a(e), we are now amending the final
results of administrative review for certain fresh cut flowers from
Colombia for the period March 1, 1988 through February 28, 1989. The
revised weighted-average margins are as follows:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Agricola Los Arboles....................................... 0.38
Claveles Colombianos....................................... 0.20
Combiflor.................................................. 0.19
Dianticola Colombiana...................................... 2.47
Floral Ltda./Exportaciones Bochica......................... 0.13
Florania/Herrera-Camacho................................... 12.51
Flores Bachue.............................................. 7.97
Flores Colombianas......................................... 0.13
Flores Condor de Colombia.................................. 0.00
Flores dos Hectareas....................................... 3.90
Flores el Puente........................................... 0.70
Flores de Serrezuela....................................... 0.48
Flores el Trentino......................................... 6.53
Flores la Valvanera........................................ 8.71
Jardines del Muna.......................................... 16.85
Pompones Limitada.......................................... 0.11
Universal Flowers.......................................... 0.53
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The above rates affected the weighted-average sample group margin,
which will be applied to the one hundred twenty-nine firms requested
only by the domestic interested party and not selected in the random
sample. The new sample group rate is 3.50 percent.
Accordingly, the Department will determine and the Customs Service
will assess appropriate antidumping duties on entries of the subject
merchandise made by firms covered by this review of the period March 1,
1988 through February 28, 1989. Individual differences between USP and
foreign market value may vary from the percentages listed above. The
Department will issue appraisement instructions directly to the Customs
Service.
Dated: February 20, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-5033 Filed 2-27-97; 8:45 am]
BILLING CODE 3510-DS-M
