[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81564-81565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32675]
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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 the New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a
new shipper review (``NSR'') of the antidumping duty order covering
certain non-frozen apple juice concentrate from the People's Republic
of China. 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). This is a new shipper review of Lingbao Xinyuan Fruit
Industry Co., Ltd. (``LXFI''). Based upon our analysis of the comments
and information received, we made changes to the dumping margin
calculation for the final results. The final dumping margin is listed
below in the section entitled ``Final Results of the Review.''
DATES: Effective Date: December 28, 2010.
FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington DC 20230; telephone: (202) 482-3927.
SUPPLEMENTARY INFORMATION:
Case History
On August 5, 2010, the Department issued the preliminary results of
the NSR for the period June 1, 2009, through January 20, 2010. See
Certain Non-Frozen Apple Juice Concentrate from the People's Republic
of China: Notice of Preliminary Results of the New Shipper Review, 75
FR 47270 (August 5, 2010) (``Preliminary Results'').
On September 7, 2010, LXFI submitted its case brief. No other party
submitted case briefs.
On October 4, 2010, the Department extended the deadline for the
final results in the instant review by 60 days. See Non-Frozen Apple
Juice Concentrate from the People's Republic of China: Extension of
Time Limit for the Final Results of the New Shipper Antidumping Duty
Review, 75 FR 61127 (October 4, 2010).
On October 19, 2010, the Department, as a result of the recent
decision issued by the Court of Appeals for the Federal Circuit's
ruling in Dorbest Limited et al. v. United States, 604 F.3d 1363 (Fed.
Cir. 2010), placed a memorandum on the record regarding its
reconsideration of its valuation of the labor wage rate for this
review. The Department gave interested parties until November 8, 2010
to comment on the proposed labor wage rate methodology. See Memorandum
to the File, through James C. Doyle, Director, Alex Villanueva, Program
Manager, from Alexis Polovina, Case Analyst, regarding New Shipper
Review of the Antidumping Duty Order on Non-Frozen Apple Juice
Concentrate from the People's Republic of China: Industry-Specific Wage
Rate Selection (October 19, 2010).
On November 5, 2010, LXFI submitted comments on the wage rate
methodology. No other party submitted comments.
Scope of the Order
The product covered by the order is certain non-frozen apple juice
concentrate. Apple juice concentrate is
[[Page 81565]]
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 the 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 the 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.
Analysis of Comments Received
All issues raised in the case brief by LXFI to this proceeding and
to which we have responded are listed in the Appendix to this notice
and addressed in the Issues and Decision Memorandum (``Final I&D
Memo''), which is hereby adopted by this notice. Parties can find a
complete discussion of the issues raised in this NSR and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit, room 7046, of the main Department of
Commerce building. In addition, a copy of the Final I&D Memo can be
accessed directly on our Web site at http://ia.ita.doc.gov/. The paper
copy and electronic version of the Final I&D Memo are identical in
content.
Changes Since The Preliminary Results
Based on a review of the record as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
the margin calculation for LXFI in the final results. For all changes
to the calculations, see the Final I&D Memo and company specific
analysis memoranda.
Final Results of the Review
The weighted-average dumping margins for the period of review are
as follows:
Certain Non-Frozen Apple juice from the PRC
------------------------------------------------------------------------
Weighted-Average Margin
Manufacturer/Exporter (Percent)
------------------------------------------------------------------------
LXFI...................................... 0.00.
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated
importer-specific duty assessment rates on a weighted-average basis. We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review if any importer-specific assessment rate
calculated in the final results of this NSR is above de minimis. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of this
NSR.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this NSR for all shipments of
subject merchandise by LXFI, entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as amended (``Act''): (1) For
subject merchandise produced and exported by LXFI, the cash deposit
rate will be the rate established in the final results of this NSR; (2)
for subject merchandise exported by LXFI but not manufactured by LXFI,
the cash deposit rate will continue to be the PRC-wide rate (i.e.,
51.74 percent); and (3) for subject merchandise manufactured by LXFI,
but exported by any other party, the cash deposit rate will be the rate
applicable to the exporter. These cash deposit requirements will remain
in effect until further notice.
Reimbursement of Duties
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 period of review. Failure to comply with
this requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``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 these results in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: December 17, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
Comment 1: Surrogate Values
A. Water
B. Containerization
C. Labor
Comment 2: By-Product Offset
[FR Doc. 2010-32675 Filed 12-27-10; 8:45 am]
BILLING CODE 3510-DS-P