[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Notices]
[Page 50486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24300]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-614-801]
Fresh Kiwifruit From New Zealand: Final Results of Changed
Circumstances Review; Revocation of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances review and
revocation of antidumping duty order.
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SUMMARY: On August 20, 1999, the Department of Commerce published a
notice of initiation of a changed circumstances review and preliminary
results of review with intent to revoke the antidumping duty order on
fresh kiwifruit from New Zealand. We are now revoking this order,
retroactive to June 1, 1997, based on the fact that domestic parties no
longer have an interest in maintaining the antidumping duty order.
EFFECTIVE DATES: September 17, 1999.
FOR FURTHER INFORMATION CONTACT: Sunkyu Kim or John P. Maloney, Jr.,
Office 2, AD/CVD Enforcement Group I, Import Administration-Room B099,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, DC 20230; telephone
(202) 482-2613 or (202) 482-1503, 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 (April 1998).
Background
On July 30, 1999, the petitioner, the California Kiwifruit
Commission, requested that the Department conduct a changed
circumstances review to revoke the antidumping duty order on fresh
kiwifruit from New Zealand retroactive to June 1, 1997. The petitioner
stated that circumstances have changed such that the petitioner no
longer has an interest in maintaining the antidumping duty order. On
August 5, 1999, the petitioner supplemented its request to indicate
that it represents all kiwifruit growers in California and virtually
all commercial growers of kiwifruit in the United States.
We preliminarily determined that the affirmative statement of no
interest by the California Kiwifruit Commission constituted changed
circumstances sufficient to warrant revocation of this order.
Consequently, on August 20, 1999, we published a notice of initiation
of a changed circumstances review and preliminary results of review
with intent to revoke the order. See 64 FR 45508. We received no
comments from interested parties on the preliminary results of this
changed circumstances review.
Scope of Review
The product covered by this review is fresh kiwifruit. Processed
kiwifruit, including fruit jams, jellies, pastes, purees, mineral
waters, or juices made from or containing kiwifruit are not covered
under the scope of this review. This merchandise is currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 0810.90.20.60. Although the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the scope of this proceeding is dispositive.
This changed circumstances review covers all producers and
exporters of fresh kiwifruit from New Zealand.
Final Results of Changed Circumstances 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
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 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 19 CFR
351.222(g)(1)(i) 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 producers accounting for substantially all
of the production of the domestic like product.
The California Kiwifruit Commission is a domestic interested party
as defined by section 771(9)(E) of the Act and 19 CFR 351.102(b) and
represents substantially all of the production of the domestic like
product. Based on the affirmative statement by the California Kiwifruit
Commission 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
fresh kiwifruit from New Zealand, retroactive to June 1, 1997.
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
fresh kiwifruit from New Zealand made on or after June 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 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: September 13, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-24300 Filed 9-16-99; 8:45 am]
BILLING CODE 3510-DS-P
