[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69628-69629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28678]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-855]
Non-Frozen Apple Juice Concentrate From the People's Republic of
China: Final Results of Sunset Review and Revocation of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 1, 2010, the Department of Commerce
(``Department'') initiated the sunset review of the antidumping duty
order on non-frozen apple juice concentrate from the People's Republic
of China (``PRC''). Because the domestic interested parties did not
participate in this sunset review, the Department is revoking this
antidumping duty order.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0219.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2000, the Department issued an antidumping duty order on
certain non-frozen apple juice concentrate from the PRC. See Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Non-Frozen Apple Juice Concentrate From
the People's Republic of China, 65 FR 35606 (June 5, 2000). On November
2, 2005, the Department published its most recent continuation of the
order. See Notice of Continuation of Antidumping Duty Order on Certain
Non-Frozen Apple Juice Concentrate from the People's Republic of China,
70 FR 66349 (November 2, 2005) (``Notice of Continuation''). On October
1, 2010, the Department initiated a sunset review of this order. See
Initiation of Five-Year (``Sunset'') Review, 75 FR 60731 (October 1,
2010).
We did not receive a notice of intent to participate from domestic
interested parties in this sunset review by the deadline date. As a
result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department
determined that no domestic interested party intends to participate in
the sunset review, and on October 21, 2010, we notified the
International Trade Commission, in writing, that we intended to issue a
final determination revoking this
[[Page 69629]]
antidumping duty order. See 19 CFR 351.218(d)(1)(iii)(B)(2).
Scope of the Order
The product covered by this order is certain non-frozen apple juice
concentrate. Apple juice concentrate 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 2106.90.52.00, and 2009.70.00.20 before January 1, 2002,
and 2009.79.00.20 after January 1, 2002. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the order is dispositive.
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.218(d)(1)(iii)(B)(3), if no
domestic interested party files a notice of intent to participate, the
Department shall, within 90 days after the initiation of the review,
issue a final determination revoking the order. Because the domestic
interested parties did not file a notice of intent to participate in
this sunset review, the Department finds that no domestic interested
party is participating in this sunset review. Therefore, consistent
with 19 CFR 351.222(i)(1)(i) and section 751(c)(3)(A) of the Act, we
are revoking this antidumping duty order. Furthermore, although 19 CFR
351.222(i)(1)(i) identifies the fifth anniversary of the publication of
the order as the effective date, in Parkdale v. United States, the
Court of International Trade (``CIT'') clarified that the Department's
determination of the effective date of revocation is a discretionary,
not a ministerial act. See Parkdale International Ltd. v. U.S., 581
F.Supp.2d 1334 (``Parkdale v. United States'') (CIT 2008). Therefore,
the effective date of revocation of this antidumping duty order is
November 2, 2010, the fifth anniversary of the date of publication in
the Federal Register of the most recent notice of continuation of this
antidumping duty order. See Notice of Continuation.
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(2)(i), the Department intends to issue instructions to U.S.
Customs and Border Protection, 15 days after publication of this
notice, to terminate the suspension of liquidation of the merchandise
subject to this order entered, or withdrawn from warehouse, on or after
November 2, 2010. Entries of subject merchandise prior to the effective
date of revocation will continue to be subject to suspension of
liquidation and antidumping duty deposit requirements. The Department
will complete any pending administrative reviews of this order and will
conduct administrative reviews of subject merchandise entered prior to
the effective date of revocation in response to appropriately filed
requests of review.
This five-year (``sunset'') review and notice are published in
accordance with sections 751(c) and 777(i)(1) of the Act.
Dated: November 8, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-28678 Filed 11-12-10; 8:45 am]
BILLING CODE 3510-DS-P