[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Notices]
[Pages 68987-68989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28925]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-855]
Certain Non-Frozen Apple Juice Concentrate from the People's
Republic of China: Final Results of 1999-2001 Administrative Review and
Partial Rescission of Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of 1999-2001 Administrative Review and
Partial Rescission of Review.
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SUMMARY: We have determined that sales of certain non-frozen apple
juice concentrate from the People's Republic of China were made below
normal value during the period November 23, 1999, through May 31, 2001.
We are also rescinding the review, in part, in accordance with 19 CFR
351.213(d)(3).
Based on our review of comments received and a reexamination of
surrogate value data, we have made certain changes in the margin
calculations of all of the reviewed companies. Consequently, the final
results differ from the preliminary results. The final weighted-average
dumping margins for these firms are listed below in the section
entitled ``Final Results of the Review.'' Based on these final results
of review, we will instruct the Customs Service to assess antidumping
duties based on the difference between the export price and normal
value on all appropriate entries.
EFFECTIVE DATE: November 14, 2002.
FOR FURTHER INFORMATION CONTACT: Audrey Twyman, Stephen Cho, or John
Brinkmann, Group 1, Office I, Antidumping/Countervailing Duty
Enforcement, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone (202) 482-3534, (202) 482-3798, and
(202) 482-4126, respectively.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
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[quot]s (``the Department'') regulations are to 19 CFR Part 351
(April 2001).
Background
On July 9, 2002, the Department published the preliminary results
of this review of certain non-frozen apple juice concentrate
(``NFAJC'') from the People's Republic of China (``PRC''). See Certain
Non-Frozen Apple Juice Concentrate From the People's Republic of China:
Preliminary Results of 1999-2001 Administrative Review and Partial
Rescission of Review, 67 FR 45462 (July 9, 2002) (``Preliminary
Results''). The period of review (``POR'') is November 23, 1999,
through May 31, 2001. This review covers the following producers or
exporters (referred to collectively as ``the respondents''): Shaanxi
Haisheng Fresh Fruit Juice Co., Ltd. (``Haisheng''), Shandong Zhonglu
Juice Group Co., Ltd. (``ZhongLu''), Yantai Oriental Juice Co., Ltd.
(``Oriental''), Qingdao Nannan Foods Co., Ltd. (``Nannan''), Xian Asia
Qin Fruit Co., Ltd. (``Xian Asia''), Changsha Industrial Products &
Minerals Import and Export Co., Ltd. (``Changsha''), Shandong
Foodstuffs Import and Export Corporation (``Shandong''), Shaanxi
Hengxing Fruit Juice Co., Ltd. (``Hengxing''), Shaanxi Machinery and
Equipment Import and Export Corporation (``SAAME''), Shaanxi Gold Peter
Natural Drink Co., Ltd. (``Gold Peter''), Xian Yang Fuan Juice Co.,
Ltd. (``Xian Yang''), and Sanmenxia Lakeside Fruit Juice Co., Ltd.
(``Lakeside'').
In May, 2002, we conducted verification of the questionnaire
responses submitted by the following respondents: Hengxing, Xian Asia,
and Haisheng. We issued verification reports on July 17, 2002.
We invited parties to comment on the Preliminary Results. On August
8, 2002, we received case briefs from Lakeside, and a combined case
brief from Haisheng, Zhonglu, Oriental, Nannan, Xian Asia, Shandong,
and Hengxing. On August 13, 2002, the petitioners \1\ submitted a
rebuttal brief. No hearing was held because none was requested.
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\1\ Coloma Frozen Foods, Inc., Green Valley Packers, Knouse
Foods Cooperative, Inc., Mason County Fruit Packers Co-op, Inc., and
Tree Top, Inc.
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The Department has conducted this administrative review in
accordance with section 751 of the Act.
Scope of Review
Merchandise covered by this review is NFAJC from the PRC. NFAJC is
defined as all non-frozen concentrated apple juice with a Brix scale of
40 or greater, whether or not containing added sugar or other
sweetening matter, and whether or not fortified with vitamins or
minerals. Excluded from the scope of this order are: frozen
concentrated apple juice; non-frozen concentrated apple juice that has
been fermented; and non-frozen concentrated apple juice to which
spirits have been added.
The merchandise subject to this order is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings 2009.70.00.20 and 2106.90.52. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the order is dispositive.
Rescission of Review in Part
As noted in the Preliminary Results, Xian Yang reported no
shipments of subject merchandise to the United States during the POR.
Entry data provided by the Customs Service confirm that there were no
POR entries from Xian Yang of NFAJC. Therefore, consistent with the
Department's regulations and practice, we are rescinding this review
with respect to Xian Yang. (See 19 CFR 351.213(d)(3); see, also,
Silicon Metal from Brazil; Final Results of Antidumping Duty
Administrative Review, 61 FR 46763 (September 5, 1996).)
Use of Facts Otherwise Available
As discussed in detail in the Preliminary Results, we have
determined that companies which did not respond to the Department's
questionnaire in this proceeding should not receive separate rates and,
thus, are
[[Page 68988]]
viewed as part of the PRC-wide entity. Moreover, as noted in the
Preliminary Results, we determine that, in accordance with sections
776(a) and (b) of the Act, the use of adverse facts available is
appropriate for companies which did not respond to our requests for
information. No party in this proceeding has commented on these issues
since the publication of the Preliminary Results. Thus, for these final
results, we have continued to assign the PRC-wide rate of 51.74 percent
to Changsha Industrial Products & Minerals Import and Export Co. and
other companies subject to the PRC-wide rate.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Issues and Decision Memorandum''
from Richard W. Moreland, Deputy Assistant Secretary, Import
Administration to Faryar Shirzad, Assistant Secretary, Import
Administration, dated November 6, 2002 (``Decision Memorandum''), which
is hereby adopted by this notice. Attached to this notice as an
Appendix is a list of the issues which parties have raised and to which
we have responded in the Decision Memorandum. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room B-099 of the main Department
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/
under the heading ``China PRC.'' The paper copy and electronic version
of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of comments received and a reexamination of
surrogate value data, we have made certain changes to the calculations
for the final results. These changes are discussed in the following
Comments in the Decision Memorandum or in the referenced final
calculation memoranda for particular companies:
All Companies
Steam Coal: Decision Memorandum Comment 1
Domestic Brokerage and Handling: Decision Memorandum Comment 2
Labor: Pursuant to section 351.408(c)(3) of the Department's
regulations, we valued labor using the regression-based wage rate for
the PRC published by Import Administration on its website. This data
has recently been updated and the revised PRC estimated average hourly
wage rate is $0.84 per hour for 2000. See www.ia.ita.doc.gov/wages/00wages/00wages.htm.
Final Results of Review
We determine that the following dumping margins exist for the
period November 23, 1999, through May 31, 2001:
------------------------------------------------------------------------
Weighted-average margin
Exporter/manufacturer percentage
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Qingdao Nannan Foods Co., Ltd............. 0.00
Sanmenxia Lakeside Fruit Juice Co., Ltd... 0.00
Shaanxi Gold Peter Natural Drink Co., Ltd. 0.00
Shaanxi Haisheng Fresh Fruit Juice Co., 0.00
Ltd......................................
Shaanxi Hengxing Fruit Juice Co., Ltd..... 0.00
Shaanxi Machinery and Equipment Import and 0.00
Export Corporation.......................
Shandong Foodstuffs Import and Export 0.00
Corporation..............................
Shandong Zhonglu Juice Group Co., Ltd..... 0.00
Xian Asia Qin Fruit Co., Ltd.............. 0.00
Yantai Oriental Juice Co., Ltd............ 0.00
PRC-wide rate (including Changsha 51.74
Industrial Products & Minerals Import and
Export Co., Ltd.)........................
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The PRC-wide rate applies to all entries of the subject
merchandise, including entries from Changsha Industrial Products &
Minerals Import and Export Co., Ltd., except for entries from exporters
that are identified individually above.
Assessment Rates
In accordance with 19 CFR 351.212(b)(1), we have calculated
importer (or customer)-specific assessment rates for the merchandise
subject to this review. To determine whether the duty assessment rates
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer (or customer )-specific ad
valorem rates by aggregating the dumping margins calculated for all
U.S. sales to that importer (or customer ) and dividing this amount by
the total value of the sales to that importer (or customer ). Where an
importer (or customer )-specific ad valorem rate was greater than de
minimis, we calculated a per unit assessment rate by aggregating the
dumping margins calculated for all U.S. sales to that importer (or
customer ) and dividing this amount by the total quantity sold to that
importer (or customer ). All entries subject to the PRC-wide rate will
be assessed duties at the PRC-wide rate listed above.
All other entries of the subject merchandise during the POR will be
liquidated at the antidumping duty rate in place at the time of entry.
The Department will issue appropriate assessment instructions
directly to the Customs Service within 15 days of publication of these
final results of review. We will not be ordering liquidation of entries
from Oriental, Nannan, Lakeside, Haisheng, ZhongLu, Xian Yang, Xian
Asia, Changsha and Shandong as we have been enjoined from liquidating
subject merchandise exported by these companies.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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) for the PRC companies
named above, the cash deposit rates will be the rates for these firms
established in the final results of this review, except that, for
exporters with de minimis rates (i.e., less than 0.5 percent) no
deposit will be required; (2) for previously-reviewed PRC and non-PRC
exporters with separate rates, the cash deposit rate will be the
company-specific rate established for the most recent period during
which they were reviewed; (3) for all other PRC exporters, the rate
will be the PRC country-wide rate, which is 51.74 percent; and (4) for
all other non-PRC
[[Page 68989]]
exporters of subject merchandise from the PRC, the cash deposit rate
will be the rate applicable to the PRC supplier of that exporter. These
deposit requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections section 751(a)(3) and 777(i) of the Act.
Dated: November 6, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Comment 1: Valuation of Steam Coal
Comment 2: Deduction of Domestic Brokerage and Handling Charges from
U.S. Sales Price
Comment 3: Valuation of Aseptic Bags
Comment 4: Inclusion of Government MIS Apple Price in Surrogate Value
Calculation
[FR Doc. 02-28925 Filed 11-13-02; 8:45 am]
BILLING CODE 3510-DS-S