[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31140]


[[Page Unknown]]

[Federal Register: December 19, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-614-801]

 

Fresh Kiwifruit From New Zealand; Amended Final Results of 
Antidumping Administrative Review

    Date: December 8, 1994.

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

ACTION: Notice of Amendment of Final Results of Antidumping Duty 
Administrative Review.

-----------------------------------------------------------------------

SUMMARY: We are amending the final results of the administrative review 
of the antidumping duty order on fresh kiwifruit from New Zealand 
published on September 22, 1994, to reflect the correction of 
ministerial errors made in the margin calculations in those final 
results. We are publishing this amendment to the final results in 
accordance with 19 CFR 353.28(c).

EFFECTIVE DATES: December 19, 1994.

FOR FURTHER INFORMATION CONTACT:
Ann Ngo or Thomas F. Futtner, Office of Antidumping compliance, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-5346 or 482-3814, respectively.

Background

    The review covers one exporter, the New Zealand Kiwifruit Marketing 
Board (NZKMB), and the period November 27, 1991, through May 31, 1993. 
The Department of Commerce (the Department) published the preliminary 
results on May 6, 1994 (59 FR 23691) and the final results on September 
22, 1994 (59 FR 48596) of its administrative review of the antidumping 
duty order on fresh kiwifruit from New Zealand.

Scope of the Review

    The product covered by the order under 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 the order. The subject merchandise is 
currently classifiable under subheading 0810.90.20.60 of the Harmonized 
Tariff Schedule (HTS). Although the HTS number is provided for 
convenience and customs purposes, our written description of the scope 
of this review is dispositive.

Amendment of Final Results

    On October 18, 1994, NZKMB alleged that the Department made 
clerical errors in its final results of review. First, NZKMB argued 
that the Department used an incorrect data set when calculating third-
country weighted-average prices. Second, NZKMB argued that in 
calculating foreign market value the Department used an incorrect 
amount for third-country packing costs. Third, NZKMB argued that the 
Department failed to use the correct quantity adjustment information 
for U.S. sales in its calculations.
    Petitioners, the California Kiwifruit Commission, have argued that 
the respondent's allegation of clerical errors submitted on October 18, 
1994, was untimely because it was based on a computer program provided 
at the disclosure on October 5, 1994 (see 19 CFR 353.28(b)).
    We disagree with petitioners that the respondent's submission 
alleging clerical error was untimely. The disclosure documents released 
by the Department to the respondent on October 5, 1994, did not include 
the computer program for the calculation of the weighted-average third-
country price and therefore were incomplete. This computer program was 
then provided to the respondent on October 11, 1994. Thus, full 
disclosure occurred on October 11, 1994. Therefore, in accordance with 
19 CFR 353.28(6), the deadline for submission of allegations of 
clerical errors regarding our calculations was October 18, 1994. We 
received the respondent's allegation of clerical errors in a timely 
fashion on October 18, 1994, and have therefore analyzed it and amended 
our calculations accordingly. Specifically, we: (1) Amended the 
calculations to use the correct data set in the calculation of third-
country weighted-average prices, (2) revised third-country packing 
costs, (3) corrected the results for the quantity adjustment 
information for U.S. sales.

Final Results of Review

    Upon review of comments submitted, the Department has determined 
that the following margin exists for the period November 27, 1991, 
through May 31, 1993:

------------------------------------------------------------------------
                                                                 Margin 
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
New Zealand Kiwifruit Marketing Board........................     10.18 
------------------------------------------------------------------------

    The Customs Service shall assess antidumping duties on all 
appropriate entries. Individual differences between U.S. price and 
foreign market value may vary from the percentage stated above. The 
Department will issue appraisement instructions concerning the 
respondent directly to the U.S. Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these amended final results of administrative review, as provided for 
by section 751(a)(1) of the Tariff Act of 1930, as amended (the Act): 
(1) The cash deposit rate for the reviewed firm will be 10.18%; and (2) 
the cash deposit rate for merchandise exported by all other 
manufacturers and exporters who are not covered by this review will be 
the ``all others'' rate of 98.60 percent established in the less-than-
fair-value investigation, in accordance with Floral Trade Council v. 
United States, 822 F.Supp. 766 (1993), and Federal Mogul Corporation, 
822 F.Supp. 782 (1993).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as the 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 notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of the APO is a sanctionable 
violation.
    This administrative review and notice are in accordance with 
section 751(f) of the Act (19 U.S.C. 1673(d)) and 19 CFR 353.28(c).

    Dated: December 8, 1994.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 94-31140 Filed 12-16-94; 8:45 am]
BILLING CODE 3510-DS-M