[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Notices]
[Pages 38887-38888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18462]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-602]
Certain Fresh Cut Flowers From Colombia: Final Results of Changed
Circumstances Antidumping Duty Administrative Review; Revocation of
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping
duty administrative review, and revocation of antidumping duty order.
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SUMMARY: On June 8, 1999, the Department of Commerce published a notice
of initiation of a changed circumstances antidumping duty
administrative review and preliminary results of review with intent to
revoke the antidumping duty order on certain fresh cut flowers from
Colombia. We are now revoking this order, retroactive to March 1, 1997,
based on the fact that domestic parties no longer have an interest in
maintaining the antidumping duty order.
EFFECTIVE DATE: July 20, 1999.
FOR FURTHER INFORMATION CONTACT: Rosa Jeong or Marian Wells, Office of
AD/CVD Enforcement, Import
[[Page 38888]]
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, 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 of Commerce's (the
Department's) regulations are to the regulations codified at 19 CFR
Part 351 (1998).
Background
On May 21, 1999, Timothy Haley, the president of Pikes Peak
Greenhouses, a domestic wholesaler of the subject merchandise; 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'') requested
that the Department of Commerce 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 they no longer have an interest in
maintaining the antidumping duty order. The FTC is a domestic
interested party and was the petitioner in the less-than-fair-value
(LTFV) investigation of this proceeding.
We preliminarily determined that the affirmative statement of no
interest by the domestic interested party constituted changed
circumstances sufficient to warrant revocation of this order.
Consequently, on June 8, 1999, we published a notice of initiation of a
changed circumstances antidumping duty administrative review and
preliminary results of review with intent to revoke order (64 FR
30487). We invited interested parties to comment on the preliminary
results of this changed circumstances review. We received no comments.
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.
Final Results of Changed Circumstances Antidumping Duty
Administrative Review; Revocation of 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 section
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.
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. Based on the affirmative
statement by the FTC and its Committees of no interest in the continued
application of the order and the fact that no interested parties
objected to or otherwise commented on our preliminary results of this
review, we determine that there are changed circumstances sufficient to
warrant revocation of the order. Therefore, the Department is revoking
the antidumping duty order on certain fresh cut flowers from Colombia,
retroactive to March 1, 1997.
As the result of the revocation, the Department is terminating 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)).
In accordance with 19 CFR 351.222(g)(4), we will 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. We
will also instruct the Customs Service to pay interest on such refunds
in accordance with section 778 of the Act.
This changed circumstances administrative review, revocation of the
antidumping duty order and notice are in accordance with sections
751(b), 751(d) and 782(h) of the Act and 19 CFR 351.216 and 351.222.
Dated: July 13, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-18462 Filed 7-19-99; 8:45 am]
BILLING CODE 3510-DS-P
