[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5879]
[[Page Unknown]]
[Federal Register: March 14, 1994]
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DEPARTMENT OF COMMERCE
[A-301-801 and A-331-801]
Initiation of Antidumping Duty Investigations: Fresh Cut Roses
From Colombia and Ecuador
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 14, 1994.
FOR FURTHER INFORMATION CONTACT: Kimberly Hardin, Office of Antidumping
Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, D.C. 20230; telephone (202) 482-
0371.
Initiation of Investigations
The Petitions
On February 14, 1994, we received petitions filed in proper form by
the Floral Trade Council. In accordance with 19 CFR 353.12, the
petitioner alleges that imports of fresh cut roses from Colombia and
Ecuador are being, or are likely to be, sold in the United States at
less than fair value within the meaning of section 731 of the Tariff
Act of 1930, as amended (the Act), and that these imports are
materially injuring, or threaten material injury to, a U.S. industry.
The petitioner has stated that it has standing to file the
petitions because it is an interested party, as defined under section
771(9)(C) of the Act, and because the petitions were filed on behalf of
the U.S. industry producing the product subject to these
investigations. If any interested party, as described under paragraphs
(C), (D), (E), or (F) of section 771(9) of the Act, wishes to register
support for, or opposition to, these petitions, it should file a
written notification with the Assistant Secretary for Import
Administration.
Scope of Investigations
The products covered by these investigations are fresh cut roses,
including sweethearts or miniatures, intermediates, and hybrid teas,
whether imported as individual blooms (stems) or in bouquets or
bunches. Roses are classifiable under subheadings 0603.10.6010 and
0603.10.6090 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS subheadings are provided for convenience and customs
purposes. Our written description of the scope of these investigations
is dispositive.
United States Price and Foreign Market Value
Colombia
Petitioner based United States price (USP) on offers for sale by
Colombian importers and distributors of the subject merchandise to U.S.
customers. Petitioner deducted from USP amounts for air freight,
insurance, customs duties and handling charges. Petitioner also
deducted an amount for commissions paid to the grower on sales of
subject merchandise.
Petitioner calculated foreign market value (FMV) using two
methodologies. First, petitioner based FMV on import statistics for
fresh cut roses in various third countries. Second, petitioner based
FMV on constructed value (CV).
For FMV based on import statistics, petitioner used third country
import statistics obtained from Statistics Canada and Eurostat.
Petitioner deducted amounts for air freight and insurance and, where
appropriate, duty charges. Since the import statistics were in foreign
currencies, petitioner made currency conversions using monthly exchange
rates published in the Federal Reserve Bulletin.
Petitioner alleged home market sales below the cost of production
(COP) with respect to the subject merchandise for all Colombian
producers and exporters named in the petition. However, petitioner did
not provide any company-specific sales data in its COP allegation.
Because it is the Department's practice to require COP allegations to
be company-specific, we have not initiated a COP investigation.
Regarding FMV based on CV, because the Department is not initiating
a COP investigation, and because the information submitted concerning
price-to-price comparisons was deemed to be adequate, we did not review
the CV data contained in the petition, nor have we accepted it for
purposes of initiation.
Comparison of FMV based on import statistics and net USP for sales
of fresh cut roses from Colombia results in a range of alleged dumping
margins from .4 percent to 256.7 percent.
Ecuador
Petitioner based USP on offers for sale by Ecuadorean importers and
distributors of the subject merchandise to U.S. customers. Petitioner
deducted from USP amounts for air freight, insurance, customs duties
and handling charges. Petitioner also deducted an amount for
commissions paid to the grower on sales of subject merchandise.
Petitioner calculated FMV using the two methodologies discussed above
for Colombia.
Petitioner alleged home market sales below COP with respect to the
subject merchandise for all Ecuadorean producers and exporters named in
the petition. However, because petitioner did not provide any company-
specific sales data in its COP allegation, we have not initiated a COP
investigation.
Regarding FMV based on CV, because the Department is not initiating
a COP investigation, and because the information submitted concerning
price-to-price comparisons was deemed to be adequate, we did not review
the CV data contained in the petition, nor have we accepted it for
purposes of initiation.
Comparison of FMV based on import statistics and net USP for sales
of fresh cut roses from Ecuador results in a range of alleged dumping
margins from .2 percent to 316.7 percent.
Initiation of Investigations
Under 19 CFR 353.13(a), the Department must determine, within 20
days after a petition is filed, whether the petition properly alleges
the basis on which an antidumping duty may be imposed under section 731
of the Act, and whether the petition contains information reasonably
available to the petitioners supporting the allegations. We have
examined the petitions on fresh cut roses from Colombia and Ecuador and
have found that the petitions meet the requirements of 19 CFR
353.13(a). Therefore, we are initiating antidumping duty investigations
to determine whether imports of fresh cut roses from Colombia and
Ecuador are being, or are likely to be, sold in the United States at
less than fair value. If these investigations proceed normally, we will
make our preliminary determinations by July 25, 1994.
International Trade Commission (ITC) Notification
Section 732(d) of the Act requires us to notify the ITC of these
actions and we have done so.
Preliminary Determination by the ITC
The ITC will determine by March 31, 1994, whether there is a
reasonable indication that imports of fresh cut roses from Colombia and
Ecuador are materially injuring, or threaten material injury to, a U.S.
industry. A negative ITC determination in any of these investigations
will result in its termination; otherwise, the investigations will
proceed according to statutory and regulatory time limits.
This notice is published pursuant to section 732(c)(2) of the Act
and 19 CFR 353.13(b).
Dated: March 7, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-5879 Filed 3-11-94; 8:45 am]
BILLING CODE 3510-DS-P
