[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6840]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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DEPARTMENT OF COMMERCE
[A-122-401]

 

Red Raspberries From Canada; Final Results of the Antidumping 
Duty Administrative Review, and Revocation in Part of the Antidumping 
Duty Order

AGENCY: International Trade Administration/Import Administration 
Department of Commerce.

ACTION: Red Raspberries from Canada--Notice of Final Results of the 
Antidumping Duty Administrative Review, and Revocation in Part of the 
Antidumping Duty Order.

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SUMMARY: On December 15, 1993, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on red raspberries from Canada (58 
FR 65577). We have now completed this review and determine the margin 
to be zero for Clearbrook Packers Inc. (Clearbrook) and Valley Berries 
during the period June 1, 1991 through May 31, 1992. We also determine 
that Clearbrook has met the requirements for revocation.

EFFECTIVE DATE: March 23, 1994.

FOR FURTHER INFORMATION CONTACT: Sylvia Chadwick or Rick Herring, 
Office of Countervailing Compliance, International Trade 
Administration, U.S. Department of Commerce, Washington, DC 20230; 
telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On December 15, 1993, the Department of Commerce (the Department) 
published in the Federal Register (58 FR 65577) (Prelim), the notice of 
preliminary results of its administrative review of the antidumping 
duty order on certain red raspberries from Canada (50 FR 26019; June 
24, 1985) for the period June 1, 1991 through May 31, 1992. We gave 
interested parties an opportunity to comment on the preliminary 
results. We received no comments. The Department has now completed this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
    The review initially covered four processors/exporters. We 
terminated the review of Universal Packers Inc. and Mukhtiar & Sons 
Packers Ltd. because the companies withdrew their requests for review 
on a timely basis in accordance with Sec. 353.22(a)(5) of the Commerce 
regulations. For the remaining two companies, we found zero margins.

Scope of the Review

    Imports covered by this review are shipments of fresh and frozen 
red raspberries packed in bulk containers and suitable for further 
processing. These products are classifiable under the Harmonized Tariff 
Schedule (HTS) item numbers 0810.20.90, 0810.20.10, and 0811.20.20. The 
HTS item numbers are provided for convenience and customs purposes. The 
written description remains dispositive.

Final Results of the Review

    As a result of our comparison of United States price to foreign 
market value (FMV), as discussed in the preliminary results of our 
review, we determine that the following margins exist for the review 
period: 

------------------------------------------------------------------------
                                                                 Margin 
                                                               (percent)
                     Processor/Exporters                       6/1/91-5/
                                                                 31/92  
------------------------------------------------------------------------
Clearbrook...................................................          0
Valley Berries...............................................         0 
------------------------------------------------------------------------

    Based on information submitted by Clearbrook during this and two 
previous reviews (see, Final Results of Administrative Reviews at 57 FR 
49686; November 3, 1992, and 56 FR 37527; August 7, 1991), we further 
determine that Clearbrook has met the requirements for revocation set 
forth in sections 353.25(a)(2) and 353.25(b) of the Department 
regulations. Clearbrook has demonstrated three consecutive years of 
sales at not less than foreign market value and has submitted the 
certifications required under 19 CFR 353.25(b)(1). The Department 
conducted a verification of Clearbrook as required under 19 CFR 
353.25(c)(2)(ii).
    On the basis of no sales at less than foreign market value for a 
period of three consecutive years, and the lack of any indication that 
such sales are likely, the Department concludes that Clearbrook is not 
likely to sell subject merchandise at less than foreign market value in 
the future. Therefore, the Department is revoking the order with 
respect to Clearbrook.
    The Department will instruct the Customs Service to assess 
antidumping duties on all appropriate entries. With respect to 
Clearbrook's entries, the Department will instruct Customs to terminate 
suspension of liquidation, to liquidate the entries without regard to 
antidumping duties, and to cease collecting cash deposits.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of 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) The cash 
deposit rate for the reviewed company other than Clearbrook, will be as 
outlined above; (2) for previously reviewed or investigated companies 
not listed above, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will be 
2.41 percent, the ``all others'' rate established in the LTFV 
investigation (50 FR 26019; June 24, 1985), in accordance with the 
decisions of the Court of International Trade in Floral Trade Council 
v. United States, Slip Op. 93-79, and Federal-Mogul Corporation v. 
United States, Slip Op. 93-83 (see Prelim, 58 FR at 65578).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 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 double antidumping duties.
    This administrative review and notice are in accordance with 
section 751(a)(1)(B) of the Act (19 U.S.C. 1675(a)(1)(B)) and 19 CFR 
353.22 and 353.25.

    Dated: March 4, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6840 Filed 3-22-94; 8:45 am]
BILLING CODE 3510-DS-P