[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6840]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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DEPARTMENT OF COMMERCE
[A-122-401]
Red Raspberries From Canada; Final Results of the Antidumping
Duty Administrative Review, and Revocation in Part of the Antidumping
Duty Order
AGENCY: International Trade Administration/Import Administration
Department of Commerce.
ACTION: Red Raspberries from Canada--Notice of Final Results of the
Antidumping Duty Administrative Review, and Revocation in Part of the
Antidumping Duty Order.
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SUMMARY: On December 15, 1993, the Department of Commerce (the
Department) published the preliminary results of its administrative
review of the antidumping duty order on red raspberries from Canada (58
FR 65577). We have now completed this review and determine the margin
to be zero for Clearbrook Packers Inc. (Clearbrook) and Valley Berries
during the period June 1, 1991 through May 31, 1992. We also determine
that Clearbrook has met the requirements for revocation.
EFFECTIVE DATE: March 23, 1994.
FOR FURTHER INFORMATION CONTACT: Sylvia Chadwick or Rick Herring,
Office of Countervailing Compliance, International Trade
Administration, U.S. Department of Commerce, Washington, DC 20230;
telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 1993, the Department of Commerce (the Department)
published in the Federal Register (58 FR 65577) (Prelim), the notice of
preliminary results of its administrative review of the antidumping
duty order on certain red raspberries from Canada (50 FR 26019; June
24, 1985) for the period June 1, 1991 through May 31, 1992. We gave
interested parties an opportunity to comment on the preliminary
results. We received no comments. The Department has now completed this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
The review initially covered four processors/exporters. We
terminated the review of Universal Packers Inc. and Mukhtiar & Sons
Packers Ltd. because the companies withdrew their requests for review
on a timely basis in accordance with Sec. 353.22(a)(5) of the Commerce
regulations. For the remaining two companies, we found zero margins.
Scope of the Review
Imports covered by this review are shipments of fresh and frozen
red raspberries packed in bulk containers and suitable for further
processing. These products are classifiable under the Harmonized Tariff
Schedule (HTS) item numbers 0810.20.90, 0810.20.10, and 0811.20.20. The
HTS item numbers are provided for convenience and customs purposes. The
written description remains dispositive.
Final Results of the Review
As a result of our comparison of United States price to foreign
market value (FMV), as discussed in the preliminary results of our
review, we determine that the following margins exist for the review
period:
------------------------------------------------------------------------
Margin
(percent)
Processor/Exporters 6/1/91-5/
31/92
------------------------------------------------------------------------
Clearbrook................................................... 0
Valley Berries............................................... 0
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Based on information submitted by Clearbrook during this and two
previous reviews (see, Final Results of Administrative Reviews at 57 FR
49686; November 3, 1992, and 56 FR 37527; August 7, 1991), we further
determine that Clearbrook has met the requirements for revocation set
forth in sections 353.25(a)(2) and 353.25(b) of the Department
regulations. Clearbrook has demonstrated three consecutive years of
sales at not less than foreign market value and has submitted the
certifications required under 19 CFR 353.25(b)(1). The Department
conducted a verification of Clearbrook as required under 19 CFR
353.25(c)(2)(ii).
On the basis of no sales at less than foreign market value for a
period of three consecutive years, and the lack of any indication that
such sales are likely, the Department concludes that Clearbrook is not
likely to sell subject merchandise at less than foreign market value in
the future. Therefore, the Department is revoking the order with
respect to Clearbrook.
The Department will instruct the Customs Service to assess
antidumping duties on all appropriate entries. With respect to
Clearbrook's entries, the Department will instruct Customs to terminate
suspension of liquidation, to liquidate the entries without regard to
antidumping duties, and to cease collecting cash deposits.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
review for all shipments of the subject merchandise, entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided for by section 751(a)(1) of the Act: (1) The cash
deposit rate for the reviewed company other than Clearbrook, will be as
outlined above; (2) for previously reviewed or investigated companies
not listed above, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
the cash deposit rate for all other manufacturers or exporters will be
2.41 percent, the ``all others'' rate established in the LTFV
investigation (50 FR 26019; June 24, 1985), in accordance with the
decisions of the Court of International Trade in Floral Trade Council
v. United States, Slip Op. 93-79, and Federal-Mogul Corporation v.
United States, Slip Op. 93-83 (see Prelim, 58 FR at 65578).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1)(B) of the Act (19 U.S.C. 1675(a)(1)(B)) and 19 CFR
353.22 and 353.25.
Dated: March 4, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6840 Filed 3-22-94; 8:45 am]
BILLING CODE 3510-DS-P
