[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Page 9175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5033]


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DEPARTMENT OF COMMERCE
[A-301-602]


Certain Fresh Cut Flowers From Colombia; Notice of Final Court 
Decision and Amended Final Results of Administrative Review

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

ACTION: Notice of final court decision and amended final results of 
administrative review.

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SUMMARY: On September 28, 1995, the U.S. Court of Appeals for the 
Federal Circuit upheld the Department of Commerce's (the Department's) 
use of constructed value (CV) instead of third-country prices, for the 
purpose of determining foreign market value, and the Department's use 
of monthly average U.S. prices (USPs), instead of annual average USPs 
for the purpose of determining dumping margins. See Floral Trade 
Council v. United States, Slip Op., Ct. Nos. 94-1019, 94-1020 (Fed. 
Cir. Sept. 28, 1995). As there is now a final and conclusive court 
decision in this action, we are amending our final results of review in 
this matter and we will subsequently instruct the U.S. Customs Service 
to liquidate entries subject to this review.

EFFECTIVE DATE: February 28, 1997.

FOR FURTHER INFORMATION CONTACT:
Mark Ross or Richard Rimlinger, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4733.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 1990, the Department published its final results of 
administrative review of certain fresh cut flowers from Colombia for 
the period March 1, 1988 through February 28, 1989. See Certain Fresh 
Cut Flowers From Colombia; Final Results of Antidumping Duty 
Administrative Review, 55 FR 20491 (May 17, 1990). Subsequently, a 
domestic association and a number of reviewed companies filed lawsuits 
with the United States Court of International Trade (CIT) challenging 
the final results. Thereafter, the CIT issued an order and opinion, 
remanding several issues to the Department. See Floral Trade Council v. 
United States, 775 F. Supp. 1492 (CIT 1991). The CIT instructed the 
Department to: (1) Collect actual cost data from eleven companies for 
which the Department had not previously requested cost data for purpose 
of calculating CV; (2) make a credit adjustment to CV for five 
companies; (3) include street vendor sales in the inland freight 
calculation for Floral Ltda. Exportaciones Bochica; (4) adjust USP for 
Dianticola Colombiana to include revenues deposited by the firm's 
consignment agent into a United States bank on Dianticola Colombiana's 
behalf; (5) correct a clerical error concerning calculation of CV for 
Flores el Trentino, and (6) normalize costs to account for low yields 
suffered by Florandia/Herrera-Camacho. The Department filed its remand 
results on May 5, 1992.
    On April 22, 1993, the CIT issued a second remand to the Department 
to allow preproduction expenses incurred by Flores Condor de Colombia 
to be amortized. See Floral Trade Council v. United States, Slip Op. 
93-57 (CIT Apr. 23, 1993). The Department filed the results of this 
second remand on June 14, 1993. On July 22, 1993, the CIT rendered its 
final judgment. See Floral Trade Council v. United States, Slip Op. 93-
135 (CIT July 23, 1993). Subsequently, appeals were filed by both 
domestic and foreign parties.
    On September 28, 1995, the U.S. Court of Appeals for the Federal 
Circuit upheld the Department's use of CV, instead of third-country 
prices, for purpose of determining foreign market value, and the 
Department's use of monthly average USPs, instead of annual average 
USPs, for purpose of determining antidumping margins. See Floral Trade 
Council v. United States, Slip Op., Ct. Nos. 94-1019, 94-1020 (Fed. 
Cir. Sept. 28, 1995).
    As there is now a final and conclusive court decision in this 
action, we are amending our final results of review in this matter and 
we will subsequently instruct the U.S. Customs Service to liquidate 
entries subject to this review.

Amendment to Final Result of Review

    Pursuant to 19 U.S.C. 1516a(e), we are now amending the final 
results of administrative review for certain fresh cut flowers from 
Colombia for the period March 1, 1988 through February 28, 1989. The 
revised weighted-average margins are as follows:

------------------------------------------------------------------------
                                                                Margin  
                          Company                             (percent) 
------------------------------------------------------------------------
Agricola Los Arboles.......................................         0.38
Claveles Colombianos.......................................         0.20
Combiflor..................................................         0.19
Dianticola Colombiana......................................         2.47
Floral Ltda./Exportaciones Bochica.........................         0.13
Florania/Herrera-Camacho...................................        12.51
Flores Bachue..............................................         7.97
Flores Colombianas.........................................         0.13
Flores Condor de Colombia..................................         0.00
Flores dos Hectareas.......................................         3.90
Flores el Puente...........................................         0.70
Flores de Serrezuela.......................................         0.48
Flores el Trentino.........................................         6.53
Flores la Valvanera........................................         8.71
Jardines del Muna..........................................        16.85
Pompones Limitada..........................................         0.11
Universal Flowers..........................................         0.53
------------------------------------------------------------------------

    The above rates affected the weighted-average sample group margin, 
which will be applied to the one hundred twenty-nine firms requested 
only by the domestic interested party and not selected in the random 
sample. The new sample group rate is 3.50 percent.
    Accordingly, the Department will determine and the Customs Service 
will assess appropriate antidumping duties on entries of the subject 
merchandise made by firms covered by this review of the period March 1, 
1988 through February 28, 1989. Individual differences between USP and 
foreign market value may vary from the percentages listed above. The 
Department will issue appraisement instructions directly to the Customs 
Service.
    Dated: February 20, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-5033 Filed 2-27-97; 8:45 am]
BILLING CODE 3510-DS-M