[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10023-10024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5406]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-602]
Certain Fresh Cut Flowers From Colombia: Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
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SUMMARY: On August 19, 1996, the Department of Commerce (the
Department) published in the Federal Register the final results of
three concurrent administrative reviews of the antidumping duty order
on certain fresh cut flowers from Colombia. These reviews cover a total
of 348 producers and/or exporters of fresh cut flowers to the United
States for at least one of the following periods: March 1, 1991 through
February 29, 1992; March 1, 1992 through February 28, 1993; and March
1, 1993 through February 28, 1994. We are now amending the final
results to correct certain ministerial errors we made in our
calculations for the 93/94 review period.
EFFECTIVE DATE: March 5, 1997.
FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone (202) 482-4733.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute and to the
Department's regulations are references to the provisions as they
existed on December 31, 1994.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 1996, the Department published in the Federal
Register (61 FR 42833) the final results of three concurrent
administrative reviews of the antidumping duty order on certain fresh
cut flowers from Colombia. Imports covered by these reviews are
shipments of certain fresh cut flowers from Colombia (standard
carnations, miniature (spray) carnations, standard chrysanthemums and
pompon chrysanthemums). The reviews covered a total of 348 producers
and/or exporters of fresh cut flowers to the United States for at least
one of the following periods: March 1, 1991 through February 29, 1992;
March 1, 1992 through February 28, 1993; and March 1, 1993 through
February 28, 1994.
After publication of our final results, we received timely
allegations of ministerial and clerical errors from several
respondents. We reviewed the allegations and agreed that we made
certain ministerial errors in our calculations for the final result for
the 93/94 period for three respondents: Grupo Papagayo (Papagayo
Group), Floricola La Gaitana, S.A., and Agricola Celestina & La Maria
Ltda., (AGA Group). Although these final results are currently the
subject of litigation before the U.S. Court of International Trade, the
Court granted permission to correct these errors on February 12, 1997.
As a result of correcting the ministerial errors, some weighted-
average rates for the period have changed. See Memorandum to the file
dated December 4, 1996, for Grupo Papagayo, and memoranda to the file
dated September 6, 1996, for Floricola La Gaitana and the AGA Group. We
have corrected these errors only for the 93/94 review period because
only this review period will affect the current deposit rates.
Amended Final Results of Review
After correcting for ministerial errors, we have determined the
following weighted-average margins to exist for the following producers
or exporters for the period March 1, 1993 through February 28, 1994:
------------------------------------------------------------------------
Producer/exporter 93/94
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Papagayo Group................................................ 3.88
Agricola Papagayo Ltda.
Inversiones Calypso S.A.
Floricola La Gaitana, S.A..................................... 0.00
AGA Group..................................................... 9.99
Agricola la Celestina
Agricola la Maria
Agricola Benilda Ltda.
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The Department will instruct the Customs Service to assess
antidumping duties on all appropriate entries. Individual differences
between United States price and foreign market value may vary from the
percentages as stated above. The Department will issue appraisement
instructions on each exporter directly to the Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of these amended final results of administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption, as provided by section
751(a)(1) of the Act, on or after the publication date of these amended
final
[[Page 10024]]
results of review: (1) The cash deposit rate for the named companies
will be the rates as listed 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 the ``all other'' rate of 3.10
percent. This is the rate established during the LTFV investigation.
These deposit requirements 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 notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
These amended final results of administrative review and notice are
in accordance with section 751(f) of the Tariff Act (19 U.S.C. 1675(f))
and 19 CFR 353.28.
Dated: February 27, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-5406 Filed 3-4-97; 8:45 am]
BILLING CODE 3510-DS-P
