[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Notices]
[Pages 30487-30488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14523]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-602]
Certain Fresh Cut Flowers From Colombia: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, and Intent To Revoke Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke order.
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SUMMARY: In response to a request from Timothy Haley, the Floral Trade
Council, and the FTC's Committees on Standard Carnations, Miniature
Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums
(collectively ``the FTC and its Committees''), the Department of
Commerce (the Department) is initiating a changed circumstances
antidumping duty review and is issuing this notice of intent to revoke
the antidumping duty order on certain fresh cut flowers from Colombia.
The FTC and its Committees requested that the Department revoke the
order on certain fresh cut flowers from Colombia retroactive to March
1, 1997, because they no longer have an interest in maintaining the
order. The FTC represents a domestic interested party and was the
petitioner in the less-than-fair-value (LTFV) investigation. We are
initiating this changed circumstances administrative review and issuing
this notice of our preliminary determination to revoke the order
retroactive to March 1, 1997.
EFFECTIVE DATE: June 8, 1999.
FOR FURTHER INFORMATION CONTACT: Rosa Jeong or Marian Wells, Office of
AD/CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
3853 or (202) 482-6309, respectively.
SUPPLEMENTARY INFORMATION:
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's regulations are
to the regulations codified at 19 CFR part 351 (1998).
Background
On May 21, 1999, the FTC and its Committees requested that the
Department conduct a changed circumstances administrative review to
revoke the antidumping duty order on certain fresh cut flowers from
Colombia retroactive to March 1, 1997. The FTC and its Committees
stated that circumstances have changed such that the FTC and its
Committees no longer have an interest in maintaining the antidumping
duty order.
The FTC and its Committees also requested that, due to the pendency
of the ongoing administrative reviews of the order, the Department
initiate and complete the changed circumstances review on an expedited
basis.
Scope of Review
The products covered by this changed circumstances review are
certain fresh cut flowers from Colombia including standard carnations,
miniature (spray) carnations, standard chrysanthemums, and pompon
chrysanthemums. These products are currently classifiable under item
numbers 0603.10.30.00, 0603.10.70.10, 0603.10.70.20, and 0603.10.70.30
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.
This changed circumstances review covers all producers and
exporters of certain fresh cut flowers from Colombia.
Initiation and Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, and Intent to Revoke 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 a changed circumstances
administrative review to 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
sufficient to warrant a review exist. Section 782(h) 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. In addition, in the event that the
Department concludes that expedited action is warranted,
Sec. 351.221(c)(3)(ii) of the regulations permits the Department to
combine the notices of initiation and preliminary results.
The FTC is a domestic interested party as defined by section
771(9)(E) of the Act and 19 CFR 351.102(b) and was the petitioner in
the LTFV investigation of this proceeding. Therefore, based on the
affirmative statement by the FTC and its Committees of no interest in
the continued application of the antidumping duty order on certain
fresh cut flowers from Colombia, we are initiating this changed
circumstances review. Further, based on the request by the FTC and its
Committees and their affirmative statement of no interest, we have
determined that expedited action is warranted, and we are combining
these notices of initiation and preliminary results. We have
preliminarily determined that there are changed circumstances
sufficient to warrant revocation of the order in whole. We are hereby
notifying the public of our intent to revoke in whole the antidumping
duty order on certain fresh cut flowers from Colombia retroactive to
March 1, 1997.
In the event this revocation is made final, the Department will
terminate the administrative reviews covering the following periods:
March 1, 1997, through February 28, 1998 (initiated on April 21, 1998
(63 FR 19709)); March 1, 1998, through February 28, 1999 (initiated on
April 30, 1999 (64 FR 23269)).
If final revocation of the order occurs, we intend to 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 Colombia on or after March 1, 1997, in
accordance with 19 CFR 351.222(g)(4). We will also instruct the Customs
Service to pay interest on such refunds in accordance with section 778
of the Act. The current requirement for a cash deposit of estimated
antidumping duties will continue until
[[Page 30488]]
publication of the final results of this changed circumstances review.
Public Comment
Any interested party may request a hearing within 10 days of
publication of this notice. Any hearing, if requested, will be held no
later than 28 days after the date of publication of this notice.
Written comments from interested parties may be submitted not later
than 14 days after the date of publication of this notice. Rebuttal
comments to written comments, limited to issues raised in those
comments, may be filed not later than 21 days after the date of
publication of this notice. All written comments shall be submitted in
accordance with 19 CFR 351.303. Persons interested in attending the
hearing should contact the Department for the date and time of the
hearing. The Department will publish the final results of this changed
circumstances review, including the results of its analysis of issues
raised in any written comments.
This notice is in accordance with section 751(b)(1) of the Act and
19 CFR 351.216 and 351.222.
Dated: June 1, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-14523 Filed 6-7-99; 8:45 am]
BILLING CODE 3510-DS-P
